HomeMy WebLinkAboutDecember 05, 2000 Agenda AGENDA ,, Agendaltem,
CITY OF DENTON CITY COUNCIL Date /(:~- ~-- --('~
D¢colmber 5, 2000
Work Ses~ ion of the City of Denton City Council on T~esday, December 5, 1999 at 5 00 p m m
the Counc ~1 Work Session Room at City Hall, 215 E MoKanney Street, Denton, Texas at which
the follow .rig items will be considered I
NOTE A Work Session is used to explore matters of interest to one or more City Council Members or
the City I~ anager for the purpose of giving staff d~rectaon into whether or not such matters should be
placed on ~ future regular or special meeting of the Council for citizen input, City Council dehberataon
and formal City actaon At a Work Session, the City Council generally receaves informal and prehmmar~
reports ant reformation from City staff, officials, members of City committees, and the lndlwdual or
orgamzatl¢ n proposing council actaon, if invited by City Courted or City Manager to participate in the
session ~ artleipatmn by mdlwduals and members of orgamzatlons mvited to speak ceases when the
Mayor am ounces the session is being closed to public input Although Work Sessions are public
rneetmgs, ~ nd cit~zans have a legal right to attend, they are not pubhe hearings, so citizens are not allowed
to partlclp: ~te m the session unless mwted to do so by the Mayor Any citizen may supply to the City
Council, p :mr to the beginning of the session, a written report regarding the citizen's opinion on the
matter bel~ ~g explored Should the Council direct the matter be placed on a regular meeting agenda, the
staff will t ~nerally prepare a final report defining the proposed action, whaeh will be made available to all
ettlzens pr or to the regular meeting at wbach cmzen input Is sought The purpose of this procedure is to
allow eltl2 ~ns attending the regular meeting the opportumty to hear the views of their fellow citizens
without ha ~mg to attend two meetings
1 Ri celve a report and hold a discussion with Leadership Denton
Regular 5 teetmg of the City of Denton City Council on Tuesday, December 5, 2000 at 6 00 p m
m the Cc uncfl Chambers at City Hall, 215 E McKmney Street, Denton, Texas at which the
followm items will be considered
1 ~dge of Allegiance
BAi US Flag
Texas Flag
"Honor the Texas Flag -- I pledge allegaanee to thee, Texas, one and indivisible"
2 C resider approval of the minutes of October 17, 2000, October 24, 2000, October 27,
21 ~00, November 7, 2000, November 8, 2000 and November 14, 2000
PROCL~ LMATIONS/PRE SENTATIONS
3 P: oclamataons
Volunteer Blood Donor Month
CONSENT AGENDA
E~ch of these 1terns is recommended by the Staff and approval thereof will be strictly on the basis
of the St~ff reeommendatmns Approval of the Consent Agenda authorizes the City Manager or his
designee ~o ~mplement each item m accordance with the Staff recommendations The City Courted has
received background information and has had an opportunity to raise questions regarding these items
prior to e~nslderation
City of Denton City Council Agenda
December 5, 2000
Page 2
Listed below are bids, purchase orders, contracts, and other items to be approved for payment
under the Consent Agenda (Agenda Item 4) This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an atem prior to approval of the Consent Agenda If no items
are pulled, Consent Agenda Item 4 below will be approved with one motion If items are pulled for
separate discussion, they will be considered as the first items under "Items for Individual Consideration"
4 Consider the adoption of an ordmance authonzmg the City of Denton, Texas, to join
Sister Cities International and to assist with a search for an appropriate Sister City, and to
authorize travel expenses to visit potential Sister C~ty nominees,, providing retroactive
effect, and authonzmg the City Manager to take other action consistent with this
ordinance, and providing an effective date
Following the completion of the Regular Meeting, the Council wall convene m a Work Session in the
Council Work Session Room to d~scuss the following items
NOTE A Work Sessmn is used to explore matters of interest to one or more City Council Members or
the City Manager for the purpose of glvmg staff direction Into whether or not such matters should be
placed on a future regular or speeml meeting of the Council for c~tlzen input, City Council dehberatlon
and formal City action At a Work Session, the City Council generally receives informal and prehmmary
reports and reformation fi.om City staff, officials, members of City committees, and the lndlwdual or
orgamzatlon proposing council action, if invited by City Council or City Manager to partac~pate an the
session Partm~patmn by lndlwduals and members of organizations invited to speak ceases when the
Mayor announces the session ~s being closed to public input Although Work Sessions are public
meettngs, and citizens have a legal right to attend, they are not public hearmgs, so mt~zens are not allowed
to partm~pate in the session unless mwted to do so by the Mayor Any citizen may supply to the Caty
Council, prior to the begmmng of the session, a written report regardang the citizen's opmlun on the
matter being explored Should the Council darect the matter be placed on a regular meeting agenda, the
staff will generally prepare a final report defining the proposed action, which wall be made available to all
citizens prior to the regular meeting at which cmzen input ~s sought The purpose of this procedure is to
allow citizens attending the regular meeting the opportumty to hear the vaews of their fellow cttazens
w~thout hamng to attend two meetangs
WORK SESSION ITEMS
1 Receive a report, hold a d~scussion and give staff direction regarding an update of the
C~ty of Denton Transportatmn Program
2 Receive a report, hold a discussion and g~ve staff direction regarding Traffic Impact
Analysis Criteria
3 Receive a report, hold a discussion, and give staff direction regarding the Bicycle and
Pedestrian Component of the Denton Mobility Plan
4 Receive a report, hold a dlscussmn, and g~ve staff direction regarding the Raft and
Trucking Component of the Denton Mobility Plan
5 Receive a report, hold a discussion, and give staff direction regarding the interpretation of
section 34-114 (5) of the code of ordinances regarding perimeter streets
City of Denton City Council Agenda
DecemberS5, 2000
Page 3
6 Receive a report, hold a discussion and give staff direction regarding revising
Admmmtratlve Policy No 408 05 "Debt Service Management"
7 Receive a report, hold a discussion, give staff chrectlon and take action regarding support
for the Texas Municipal League resolutions and Denton's legislative strategy
8 Mxscellaneous Matters from the City Manager
A Clarification of items on agenda
9 New Business
A Suggestions from Council Members for items to be placed on upcoming agendas
CERTIFICATE
I certify that the above notate of meetmg was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the .day of ,2000 at o'clock
(am) (pm)
CITY SECRETARY
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE
CITY OF DENTON CITY COUNCIL MINUTES Agend6 It6~,~,~/'~ ~
October 17, 2001)
After determ~mng that a quorum was present and convening ~n an Open Meeting, the Ctty Councd
convened m a Closed Meeting on Tuesday, October 17, 2000 at 5 15 p m in the C~ty of Denton Council
Work Sesston Room
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 The Councd considered the following in Closed Meeting
A Dehberat]ons Regarding Certmn Pubhc Power Ut]htms Competitive Matters ---
Under TEX GOV'T CODE Sect]on 551 086 **
(1) Received competitive elecmc and commermal ~nformat]on from
Staff, discussed, deliberated, and considered final action and approval of
an Agreement by and between the City of Denton and the Denton Garland
Greenville Power Pool ("DGG') regarding the acqms]t]on of forty (40)
megawatts of elecmc capacity and energy for the calendar year 2001, and
receive competitive electnc and commercml information from Staff
regarding relevant electric transm~smon constraants, cont~ngencms, factors,
and nsks assocmted w~th the purchase of such electric capacity and
energy
B Dehberat]ons Regarding Real Property - Under TEX GOV'T CODE Sect]on
551 072
1 Received information from Staff, discussed, dehberated, considered, and
provided Staff with advme and direction pertmnmg to the location of, the
purchase price of, the possible terms of purchase of, negotiating Issues,
and valuation issues respecting the possible acqurSltlOn by the City of
Denton of real property easement interests, compnsmg six parcels as
follows 0 544 acre, 0 851 acre, 1 090 acre, 1 045 acre, 0 216 acre, 0 648
acre, all tracts being situated near the intersection of Argyle Lane and
Brash Creek Road w]thur the F Daugherty Survey, Abstract No 348, ~n
Denton County, Texas, whmh acqms]tlons are for a pubhc purpose,
(Graveyard Branch Sanitary Sewer Projec0
C Dehberat]ons Regarding Real Property - Under TEX GOV'T CODE Section
551 072
1 Received reformation from Staff, discussed, dehberated, considered, and
provided Staff with advice and direction pertmmng to the location of, the
purchase price of, the possible terms of purchase of, negotmtmg ~ssues,
and valuation issues respecturg the possible acquisition by the City of
Denton of a 1 44 acre tract being muated near the ~ntersect]on of Mayhdl
Road and Edwards within the G Walker Survey, Abstract No 1330, ~n
Denton County, Texas, whmh acqmsltmn is for a public propose
(Landfill Projec0
City of Denton City Council Minutes
October 17, 2000
Page 2
D Deliberations Regarding Real Property - Under TEX GOV'T CODE Section
551 072
1 Received information from Staff, discussed, dehberated, considered, and
prowded Staff w~th advice and direction pertalmng to the location of, the
purchase pnee of, the possible terms of purchase of, negotiating issues,
and valuation issues respecting the possible acquisition by the City of
Denton of real property easement interests, comprising seven parcels as
follows 0 7238 acre, 0 4289 acre, and 0 5653 acre m the D Lambert
Survey, Abstract No 784 and 1 891 acre, 0 1806 acre, 0 3029 acre, and
0 0526 acre being situated within the G Walker Survey, Abstract No
1330, all in Denton County, Texas, whmh acquisitions are for a public
purpose (Colorado/Mayhfll/Edwards Realign ProJect)
E Consultation with Attorney - Under TEX GOVT CODE Section 551 071
1 Considered and discussed possible settlement of potential htlgatlon
concermng two s~gnboards north of the intersection of Loop 288 and
Colorado Boulevard, within the right-of-way of the Denton Branch
Rml Trail, and consult with attorneys on a matter in which the ethical
duties of the attorneys under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly require such a
consultation to be closed to the public under the circumstances
presented
2 Discussed and considered adoption of an ordinance authorizing
settlement of htlgatlon styled City of Denton v Shady Shores Joint
Venture, Cause No ED-00-00482, pending m the Probate Court of
Denton County, Texas, and authonmng execution of a settlement
agreement and joint mutual release, as well as an agreed order of
rhsmlssal and an agreed judgment, in a form to be approved by the
City Attorney or his designate, and authorizing the Mayor or City
Manager to execute such documents on the City's behalf
Regular Meeting of the City of Denton City Council on Tuesday, October 17, 2000 at 6 00 p m
m the Council Chambers at Cxty Hall
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 Pledge of Allegiance
The Council and members of the audience minted the Pledge of Allegiance to the U S and
Texas flags
City of Denton City Council Minutes
October 17, 2000
Page 3
2 The Council considered approval of the minutes of September 12, September 15, and
September 26, 2000
Beasley motioned, Durrance seconded to adopt the minutes as presented On roll vote, Beasley
"aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motion carried unammously
PROCLAMATIONS/PRESENTATIONS
3 Mayor Brock presented October Yard-of-the-Month Awards to
Lois Murray
Frank and Kathy Massey
Virgil and Gayle Strange
Gables Townhome
Ryan and Cand~ce Telchelman
Lovle Price
LouAnn Bradley
4 Mayor Brock presented the following proclamations
a Troy LaGrone
b Adopt-A-Spot Month/Make A Difference Day
c Undoing Racism Day
CITIZEN REPORTS
5 The Council received a report from Danlelle Pierce regarding recycling
Ms Pierce requested that the City reconsider its decision to not recycle plastics She represented
the Sierra Student Coalition at the Umverslty of North Texas Her group had sponsored plastic
recycling for a year at a local Denton store but could no longer participate and she requested that
the Caty continue to do so
6 The Council received a report from Maldred Hawk regarding bridges
Ms Hawk requested that the City again consider the use of some of the County's historical
bridges
7 The Council received a report from David Evers Tnpp regarding McKamy-Evers
development on Locust
Cefla Reed spoke for Mr Tnpp She stated that they were having a problem with their
development regarding a drainage problem It was their position that the property was not in the
100 year flood plain but the City was requesting that the flood plsan be determmed by them
before they could submit their prehmmary plat She requested that the City determine the flood
plain or delay that request until the submlssaon of the final plat She requested that the City help
them with flus matter
C~ty of Denton C~ty Council M~nutes
October 17, 2000
Page 4
CONSENT AGENDA
Burroughs' motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances and resolution
8 NO 2000-372
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO
THE INTER_LOCAL AGREEMENT FOR THE CONSTRUCTION OF DENTON
BRANCH RAIL TRAIL BETWEEN THE CITY OF DENTON AND TEXAS
DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE INCREASE IN
THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT, AND
PROVIDING AN EFFECTIVE DATE (ORDINANCE 95-227 - CONSTRUCTION OF
DENTON RAIL TRAIL, 20% OF PROJECTED COST ($435,000) $87,000 PLUS
PURCHASE ORDER 10492 FOP. CHANGE ORDER 1 IN THE AMOUNT OF
$70,894 49)
9 NO 2000-373
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF AMARILLO STREET
SIDEWALK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,
ANI) PROVIDING AN EFFECTIVE DATE (BID 2560 - AMARILLO STREET
SIDEWALK AWARDED TO SENECA CONTRACTING, IN THE AMOUNT OF
$22,237)
10 NO 2000-374
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF GRAVEYARD BRANCH
INTERCEPTOR SANITARY SEWER MAIN, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (BID 2571 - GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER
MAIN AWARDED TO S J LOUIS CONSTRUCTION OF TEXAS LTD L L P, IN
THE AMOUNT OF $2,302,537 22)
11 NO 2000-375
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE SEDANS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (FILE 2574 - INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH
TARRANT COUNTY INTER.LOCAL AGREEMENT AWARDED TO FIVE STAR
FORD IN THE AMOUNT OF $223,140)
C~ty of Denton C~ty Council Minutes
October 17, 2000
Page 5
12 NO 2000-376
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS SUPPLIES OR SERVICES NECESSARY FOR THE MAINTENANCE
OF SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL
SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES
(DIR), PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10008 TO TEXAS
DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT OF
$39,146 66)
13 NO 2000-377
AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF
AN IFRAME HARDWARE COMPONENT AND INTEGRATED SERVER
SOFTWARE SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL
SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES
VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDER 10009 TO INTELLIWARE SYSTEMS, INC IN THE AMOUNT OF $47,832
FOR PAYMENT 1 OF 3 TOTAL EXPENDITURE OF $143,496)
14 NO 2000-378
AN ORDINANCE PROVIDING OF THE EXPENDITURE OF FUNDS FOR
PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF
PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS, PROVIDING AN EFFECTIVE DATE
(PURCHASE ORDER 10188 TO FRANKLIN COVEY IN THE AMOUNT OF
$44,917)
15 NO 2000-379
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON
FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES
AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE
CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDERS 10189 TO CENTRAL AND SOUTH WEST SERVICES, INC, 10190 TO
TXU ELECTRIC-TRANSMISSION DIVISION, 10191 TO LOWER COLORADO
RIVER, IN THE TOTAL AMOUNT OF $185,645 75)
16 NO R2000-055
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED
City of Denton City Council Minutes
October 17, 2000
Page 6
EARNINGS OF THE MOTOR POOL FUND WITH CERTIFICATES OF
OBLIGATION FOR PURCHASE OF EQUIPMENT, AND PROVIDiNG AN
EFFECTIVE DATE
17 NO R2000-056
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE iNTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE
OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT
PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS
RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE
18 NO R200-057
A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE 1NTENT
TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE
OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT
PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS
RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE
19 NO 2000-380
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DAVID C
MARTINO FOR OFFICE SPACE FOR THE CITY OF DENTON MAIN STREET
DEPARTMENT LOCATED AT 100 NORTH LOCUST, SUITE 2, AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE
20 NO R2000-058
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE
ELIGIBILITY OF THE STRUCTURE LOCATED AT 114-116 N LOCUST/115-117 N
AUSTIN, DENTON, TEXAS, FOR TAX EXEMPTION FOR HISTORICALLY
SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, AUTHORIZiNG THE CITY
MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE, AND
DECLARING AN EFFECTIVE DATE
21 Adopted an ordinance and approved an Interlocal Ambulance Agreement between the
City of Denton and the following cities
A City of Argyle Ordinance No 2000-381
B City of Krum Ordinance No 2000-382
C City of Ponder Ordinance No 2000-383
D City of Sanger Or&nance No 2000-384
City of Denton Cxty Council Minutes
October 17, 2000
Page 7
22 NO 2000-385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DI~NTON AFFORDABLE HOUSING CORPORATION, PROVIDING FOR THE
TERMS OF SAID CONTRACT, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO
THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE
23 NO 2000-386
AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A
FINANCIAL ADVISORY AGREEMENT BETWEEN THE CITY OF DENTON AND
FIRST SOUTHWEST COMPANY, AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING FOR AN EFFECTIVE DATE
24 NO 2000-387
AN ORDINANCE APPROVING A BOND COUNSEL CONTRACT BETWEEN THE
CITY OF DENTON AND MCCALL, PARKHURST & HORTON, L LP,
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE
25 NO 2000-388
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN AGREEMENT WITH DOGGETT ENTERPRISES, INC FOR THE
DENTON FRIDAY NIGHT PROGRAM, AND PROVIDING AN EFFECTIVE DATE
(PARKS AND RECREATION BOARD RECOMMENDS APPROVAL 6-0 )
26 NO 2000-389
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTER_LOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND
DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES
PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING
FOR AN EFFECTIVE DATE
27 NO 2000-390
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
FREESE AND NICHOLS, INC FOR ENGINEERING AND SURVEYING SERVICES
PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO 1
C~ty of Denton C~ty Council Minutes
October 17, 2000
Page 8
CONSTRUCTION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
28 NO 2000-391
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
TEAGUE, NALL AND PERKINS, INC FOR ENGINEERING AND SURVEYING
SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING
AN EFFECTIVE DATE
29 NO 2000-392
AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY
OF DENTON V SHADY SHORES 1-35 JOINT VENTURE, CAUSE NO ED-00-00482,
CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY,
TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO
ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS
NECESSARY TO EFFECT SUCH SETTLEMENT, AND TO TAKE SUCH OTHER
ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND
RELEASE OF CLAIMS, AND DECLARING AN EFFECTIVE DATE
PUBLIC HEARINGS
30 The Cottncll held a pubhc heanng and considered approwng a Zonmg Plan at 1207 and
1213 Wilson Street from a S~ngle Family (SF-7) zoning district to a Planned Development (PD)
zomng dxsmct The 1 8-acre property was generally located on the northwest comer of Wilson
and Ruddell Streets Office uses for several non-profit agenmes were proposed The Planmng
and Zoning Commission recommended approval (6-1) wath condmons (ZP-00-012, Denton
Housing Authority)
Doug Powell, D~rector for Planning and Development, stated that the property was currently
vacant and was zoned single family The proposal was to rezone the property to allow the
Denton Housmg Authority to build a two story office braiding for use by several non-profit
agencies
The Mayor opened the pubhc heanng
The followmg ~nd~wduals spoke
Rachard Franco, D~rector of Denton Housing Authority - favor
Sherry McDade, Deputy D~rector of Denton Housing Authority - favor
Kenneth Davis, Pastor at St Andrew Church of God ~n Christ - favor
Martha Guerrara, 304 Mack Drive, Denton, 76205 - favor
Collette Jolmson, 327 Ruth Street, Denton, 76205 - opposed
The Mayor closed the pubhc heanng
City of Denton Clty Council Minutes
October 17, 2000
Page 9
The following ordinance was considered
NO 2000-393
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR 1 8 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7)
ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD)
DISTRICT TO ALLOW FOR OFFICE USES, THE SUBJECT PROPERTY BEING
LOCATED AT THE NORTHWEST CORNER OF RUDDELL STREET AND
WILSON STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-012)
Young motioned, Coehran seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unanimously
ITEMS FOR INDIVIDUAL CONSIDERATION
31 The Council considered adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute an elecmc distribution system maintenance and
operation agreement by and between the City of Denton, Texas and the C~ty of Sanger, Texas,
wherean Denton Mumcipal Electric shall prowde sermees to the City of Sanger relating to the
matntenance and operation of its electric d~stnbut~on system, prowdmg for the expenditure of
funds thereunder, providing for retroactive effect of the agreement, and prowdmg an effective
date
The following orchnance was considered
NO 2000-394
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM
MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE CITY
OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN DENTON
MUNICIPAL ELECTRIC SHALL PROVIDE SERVICES TO THE CITY OF SANGER
RELATING TO THE MAINTENANCE AND OPERATION OF ITS ELECTRIC
DISTRIBUTION SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREUNDER, PROVIDING FOR RETROACTIVE EFFECT OF THE
AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
Young motioned, Beasley seconded to adopt the ordanance On roll vote, Beasley "aye",
Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unammously
Council eonsxdered Items #32-41 with one motion
City of Denton City Council Minutes
October 17, 2000
Page 10
Knstoferson motioned, Durrance seconded to adopt the ordinances for Items #32-41 On roll
vote, Beasley "aye", Burroughs "aye", Cochmn "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion camed unammously
32 NO 2000-395
AN ORDINANCE OF THE CITY OF DENTON APPROVING A REAL ESTATE
CONTRACT BETWEEN THE CITY OF DENTON AND WARREN A SEARLS AND
BARBARA SEARLS FOR THE PURCHASE OF A PARCEL OR TRACT OF LAND
CONTAINING APPROXIMATELY 0 008 ACRE OR 359 SQUARE FEET OF LAND
SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT 811 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS, FOR USE AS STREET RIGHT-
OF-WAY FOR U S HIGHWAY 77, WITH FEE SIMPLE TITLE VESTING IN THE
STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS
TRANSPORTATION COMMISSION, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
33 NO 2000-396
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND W H BOTTOMS, RELATING TO THE PURCHASE OF
APPROXIMATELY 0 046 ACRE OF LAND BEING LOCATED IN THE N H
MEISENHEIMER SURVEY, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS
FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING 1N THE STATE
OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
34 NO 2000-397
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ORAN REAVES, JR AND RITA REAVES, RELATING TO
THE PURCHASE OF APPROXIMATELY 0 010 ACRE OF LAND BEING LOCATED
IN THE BBB & CRR SURVEY, ABSTRACT NO 186 OF DENTON COUNTY,
TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
35 NO 2000-398
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0 144 ACRE OR 6,253 SQUARE FEET
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE NH MEISENHEIMER SURVEY,
ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
City of Denton Clty Councd M~nutes ~
October 17, 2000
Page 11
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN
EFFECTIVE DATE (PARCEL 16)
36 NO 2000-399
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0 103 ACRE OR 4,473 SQUARE FEET
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE NH MEISENHEIMER SURVEY,
ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN
EFFECTIVE DATE
37 NO 2000-400
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0026 ACRE OR 1,141 SQUARE FEET
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE 1N THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE NH MEISENHEIMER SURVEY,
ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS,
AND AN APPROXIMATE 0 056 ACRE OR 2,425 SQUARE FEET PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN N H MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE ~TEHDE'
PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUS ,
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET
IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE
DATE (PARCEL 31)
City of Denton City Council Minutes
October 17, 2000
Page 12
38 NO 2000-401
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0055 ACRE OR 2,413 SQUARE FEET
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE NH MEISENHEIMER SURVEY,
ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AND AN APPROXIMATE 00414 ACRE OR 1,803 SQUARE FEET PUBLIC
UTILITY EASEMENT 1N THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN N H MEISENI-IEIMER SURVEY, ABSTRACT NO 810 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET
IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE
DATE (PARCEL 27)
39 NO 2000-402
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0421 ACRE OR 18,331 SQUARE FEET
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO
186 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND AN
APPROXIMATE 0 1717 ACRE OR 7,479 SQUARE FEET PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING
LOCATED IN B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF
DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS
FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE
CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR
U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 36)
40 NO 2000-403
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 0 574 ACRE OR 25,020 SQUARE FEET
C~ty of Denton C~ty Council M~nutes
October 17, 2000
Page 13
TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH
TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID
PROPERTY BEING LOCATED 1N THE NH MEISENHEIMER SURVEY,
ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER
TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE
THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING
STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN
EFFECTIVE DATE (PARCEL 15)
41 NO 2000-404
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND CLYDE MILTON MARTIN, RELATING TO THE
PURCHASE OF APPROXIMATELY 0 360 ACRE OF LAND BEING LOCATED IN
THE BBB & CRR SURVEY, ABSTRACT NO 186 OF DENTON COUNTY,
TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
42 The Council considered wmwng the fees for Denton Housing Authority for a Zoning
Plan, Project Plan, Prehmlnary Plat, and F~nal Plat for proposed development at 1207 and 1213
Wilson Street The 1 8-acre property was generally located on the northwest comer of Wilson
and Ruddell Streets The property was currently zoned SF-7 Office uses for several non-profit
agenmes were proposed
Cochran motioned, Young seconded to grant a wmver of the fees On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motmn earned unanimously
43 The Council considered and took actmn on a request for rehef fi.om the Non-Res~dentml
Interim Regulatmns, Ordinance 2000-69, for a 4 1-acre property located at the southwest comer
of Soutlmdge and Interstate 35E The property was ~n an Office (O) zomng d~stnet A specific
use permxt to allow remote off-street parkmg on the s~te was proposed (RN-O0-28, Peter&It
Expanston ProjecO
Beasley motioned, Young seconded to grant the request for rehef On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Morton camed unammously
44 The Council was to consider approval of a resolution nominating members to the
Apprmsal Rewew Board of the Denton Central Apprmsal D~stnct, and deelanng an effective
date
Th~s ~tem was not considered
City of Denton City Council Minutes
October 17, 2000
Page 14
45 The Council considered nommations/appmntments to the City's Boards and
Commissions
Council Member Cochran nominated Bulhtt Lowry to the Pubhc Utilities Board
Burroughs motioned, Young seconded to suspend the Council's rules and vote on the nomination
at this meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion passed unammously
Cochran motioned, Young seconded to appomt Mr Lowry to the Public Utthtles Board On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", IOustoferson "aye", Young
"aye", and Mayor Brock "aye" Motion passed unanimously
46 New Business
The followmg items of New Business were suggested by Council Members for future agendas
A Council Member Cochran suggested a work session item concerning the decrease
in apprmsal value of large pieces of commercial property in the City of Denton
B Council Member Knstoferson suggested including the properties that were hsted
on the contested roles
47 Items from the City Manager
Mr Jez did not have any items for Council
48 There was no contmuatlon of Closed Meetmg under Sections 551 071-551 086 of the
Texas Open Meetmgs Act
49 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetings Act
Followmg completion of the Regular Meeting, the Council convened into a Work Session
1 The Council received a report, held a discussion, and gave staff direction regarding the
draft Development Code
Doug P0well, D~rector of Planning and Development, stated that at the October 10, 2000
meeting, Council instructed staff to schedule an additional meetings to d~scuss outstanding
issues Council Member Coehran had submitted a list of changes and issues for Council
consideration
Council reviewed the vinous sections of the Code and made suggestions for changes
C~ty of Denton City Council M~nutes
October 17, 2000
Page 15
W~th no further business, the meeting was adjourned
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 24, 2000
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened m a Closed Meeting on Tuesday, October 24, 2000 at 5 15 p m in the City of Denton Council
Work Sesston Room
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durrmace, Knstoferson mad Young
ABSENT None
1 The Council considered the following ~n Closed Meeting
A Consultation with Attorney - Under TEX GOVT CODE Section 551 071
1 Discussed and considered strategy and settlement proposal with the
City's attorneys m htlgatlon styled Ctty of Denton v Texas Uttht~es
Company, et al, Cause No 2000-60109-393 currently pending in the
393r°Dmtnct Court of Denton County, mad discussed legal issues
concerning flus litigation w~th the attorneys where to d~seuss these
matters m pubhc would confhct with the duty of the C~ty's attorneys
to the C~ty Council under the Texas D~sc~phnary Rules of
Professional Conduct of the State Bar of Texas
Special Called Session of the C~ty of Denton City Council on Tuesday, October 24, 2000 at 6 00
p m m the Council Chambers at City I-Iall
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durranee, Knstoferson and Young
ABSENT None
PUBLIC HEARINGS
1 The Council held a pubhc heanng regarding the mvoluntary annexation mad service plan
for approximately 1,370 acres of land located ~n the southwestern section of the City of
Denton extraterritorial junsdlct~on (ETJ) (A-IOI Ryan Road/Country Club Road
Annexatwn)
a Tract #1 approximately 1,365 5 acres of land located on the southwestern side of
the C~ty of Denton's extratemtonal jurisdiction east of U S H~ghway 377, south of
Regency Court on each s~de of Country Club Road, west of Montee~to along Ryan
Road and mostly north of Brush Creek Road
b Tract #2 approximately 3 6 acres of land located on the southwestern side of the
City of Denton's extraterritorial jurisdiction west of Montecito, south of E1 Pasco
mad east of Santa Momca
Dave Hill, Assistant City Manager for Development Services, presented the details of the
annexation for #1 Serwee plan was noted as m the agenda materials
The Mayor opened the public heanng
Caty of Denton Caty Council Minutes
October 24, 2000
Page 2
Nelda Hacker requested that her tame be gaven to her father, M C Butch
Young motioned to suspend the rules to allow Mr Burch to have additional t~me On roll vote,
Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion camed unanimously
The following lnchwduals spoke dunng the public heanng
Charles Hackett, P O Box 998, Argyle, 76226 - opposed
M C Butch, 7034 Country Club Road, Denton, 76210 - opposed
Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed
Dot Thompson, 175 Ryan Road, Denton, 76210 - opposed
Fred Smith, 4432 Lms Road, Sanger, 76260 - opposed
Dawd W~therspoon, 410 Hamdton Road, Argyle, 76226 - opposed
The following andrwduals submatted Speaker Cards but dad not wash to address the Councd
Walter Leatherwood, 1188 Hmkory Creek Road, Denton, 76210 - opposed
Jerry Don Cardwell, 4983 Settlers Creek Road, Denton, 76210 - opposed
John Yount, 1220 Brush Creek Road, Argyle, 76226 - opposed
The Mayor closed the public heanng
Councal Member Burroughs left the meetang
Councd Member Young felt that the Council should accept the petltaon for the residents and
have due process
Hall stated that two petitions had been receaved - one for each involuntary annexataon The speakers
andacated that they dad not want a formal meeting at the area to be annexed The petitions were
accepted and placed m the staff report The staff could facflatate a neighborhood meeting to help the
resadents understand the annexation process Finding a statable meetang room to hold the number of
anchvlduals who would attend such a meeting would be d~fficult but staff would be willing to help
facd~tate such a meeting
2 The Council held a pubhc heanng regardrng the involuntary annexation and servme plan
for 1,711 acres of land located ~n the southwestern section of the Caty of Denton extratemtonal
jurisdiction (ETJ) (.,4-102 US 377/l-35}V Annexatton)
a Tract #1: approxmaately 504 acres of land located in the southwestern sade of the City
ofDenton's extratemtonal jurisdiction west ofU S Highway 377, south of Allred and
north of Johnson Road
b Tract #2: approximately 1032 acres of land located m the southwester s~de of the
City of Denton's extratemtonal junadactaon east of Interstate Haghway 35 West and
west of the Kansas C~ty Southern Railway Company, extending south along Bounae
Brae to the west s~de ofU S Highway 377
C~ty of Denton C~ty Council Minutes
October 24, 2000
Page 3
c Tract #3: approximately 1 7 acres of land located northeast of the mtersect~on of
Corbm and Bonme Brae
d Tract g4: approxtmately 173 acres of land located east ofU S H~ghway 377 (Fort
Worth Dnve) and north of Brush Creek Road and west of Country Club
Dave H~ll, Assistant City Manager for Development Serwees, stated that tlus annexation proposal
consisted of four separate mets and bounds tracts He reviewed the detaals of the proposed
annexation as noted m the agenda materials A petition had been presented to make the Council
aware of the opposition for the annexation but dld not request a separate pubhc heanng on the issue
Council Member Burroughs returned to the meeting
The Mayor opened the pubhc heanng
The following mdlwduals spoke dunng the pubhc heanng
Phil Henderson, 1506 Old Stony Road, Ponder, 76259 - opposed
Becky Koonce, 4365 South Bonme Brae, Denton, 76226 - opposed
Steve Chumbley, gave t~me to Mary MeWhorter
Mary MeWhorter, P O Box 75, Argyle, 76226 - opposed
V~ekt Watson, 2452 Hamilton Road, 76226 - opposed
David Saxe, 8023 Bonme Brae, Denton, 76226 - opposed
Patnem Brown, 4300 Johnson Lane, Argyle, 76226 - opposed
Betty Farmer, 9475 Hilltop Road, Argyle, 76226 - opposed
Lonny McGee, 1200 Brush Creek Road, Argyle, 76226 - opposed
TOm Holamon, 3346 S Bonme Brae, Denton, 76207 - opposed
Richard Smutzer, 7053 Bonme Brae, Argyle, 76226 - opposed
Mont W~lkes, 141 Spnngf~eld Lane, Argyle, 76226 - opposed
Kewn Wade, 6979 South Bonme Brae, Argyle, 76226 - opposed
Shella Luster, 4377 South Bonme Brae, Argyle, 76226 - opposed
Dawd Yoder, 940 Brush Creek Road, Argyle, 76226 - opposed
Blll Lew~s, 900 Brush Creek Road, Argyle, 76226 - opposed
M~ke Barber, 313 Allred Road, Argyle, 76226 - pposed
M C Burch, 7034 Country Club Road, Denton, 76210 - opposed
Charles Hackett, P O Box 998, Argyle, 76226 - opposed
Gene Price - opposed
Gary Daws, 972 Brush Creek Road, Argyle, 76226 - opposed
Terry Houston, 4525 Brush Creek Road, Argyle, 76226 - opposed
The Mayor closed the pubhc heanng
The following lnd~wduals submitted Speaker Cards who d~d not w~sh to address the Councd
Andrew Sewell, 3999 Roselawn, Denton, 76207 - opposed
E J Dane, 1040 Brush Creek Road, Argyle, 76226 - opposed
D~ane Charles, 25 Oak Forrest c~rcle, Denton, 76210 - opposed
Betty McMahan, 2384 Hamilton Road, Argyle, 76226 - opposed
City of Denton City Council Minutes
October 24, 2000
Page 4
Trace Moffatt, 6150 Allred Road, Argyle, 76226 - opposed
John Willis, 2776 Skivue, Argyle, 76226 - opposed
Tom WcWhorter, 2740 Sklvue, Argyle, 76226 - opposed
Billy Mills, Rt 7, Box 441MM, Denton, 76208 - opposed
Debble Arnold, 2729 Sklvue, Argyle, 76226 - opposed
Terry Houston, 4525 S Bonnie Brae, Argyle, 76226 - opposed
Don Logan, 6967 Bonnie Brae, Argyle, 76226 - opposed
R G St John, 3821 Bonnie Brae, Argyle, 76226 - opposed
Pat Logan, 6967 Bonme Brae, Argyle, 76226 - opposed
W,C Beck, 2705 Skivue, Argyle, 76226 - opposed
Betty Beck, 2705 Sklvue, Argyle, 76226 - opposed
Kelly Houston, 4525 Bonnie Brae, Argyle, 76226 - opposed
Millard Smith, 1996 Huhng Road, Sanger, 76266 - opposed
Ron and Ann Forsythe, 2777 Sklvue, Argyle, 76226 - opposed
Rex Baulman, 990 Brush Creek, Argyle, 76226 - opposed
Jack Howell, 3198 S Bonnie Brae, Denton 76207 - opposed
ITEMS FOR INDIVIDUAL CONSIDERATION
3 The Council consider adoption of an ordinance to annex an approximately 37 8 acre tract
of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the
extratemtonal jurisdiction of the City of Denton, Texas, to approve a service plan for the
annexed property, to provide a severabfllty clause and to provide for an effective date First
reading oforchnance (.4-100, Forester TracO
Knstoferson motioned, Beasley seconded to adopt the ordinance on first reading On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion camed unanimously
4 The Council considered adoption of an ordinance amending Section 26-126 1 of the
Denton Code of Ordinances to require that no wastewater tap fee would be required under
circumstances where a tap fee was not required prior to the enactment of the tap fee regulations,
ratifying previous actions, requmng the property owner to present evidence concerning the
clrcmnstances, providing a savings clause and an effective date
The following orchnance was considered
NO 2000-406
AN ORDINANCE AMENDING SECTION 26-126 1 OF THE DENTON CODE OF
ORDINANCES TO REQUIRE THAT NO WASTEWATER TAP FEE WOULD BE
REQUIRED UNDER CIRCUMSTANCES WHERE A TAP FEE WAS NOT
REQUIRED PRIOR TO THE ENACTMENT OF THE TAP FEE REGULATIONS,
RATIFYING PREVIOUS ACTIONS, REQUIRING THE PROPERTY OWNER TO
PRESENT EVIDENCE CONCERNING THE CIRCUMSTANCES, PROVIDING A
SAVINGS CLAUSE AND AN EFFECTIVE DATE
City o£ Denton City Council Minutes
October 24, 2000
Page 5
Young motioned, Coehran seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Mo,.on earned unammously
City Attorney Prouty stated that he had misread the amendment and Council needed to vote
agmn on the ordinance
Young motioned, Burroughs seconded to adopt the amended ordinance On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motaon camed unanimously
5 The Council considered adoption of an ordanance of the City of Denton, Texas, creating a
role prolubltmg the carrying of a concealed handgun in a city bmlthng or portion of a city
bmldlng, mal~ng comphance with the role prohibiting the canying of a concealed handgun in a
city bmldlng or pomon of a city bmldmg, a condmon of the use of city buildings, providing for a
severabfllty clause, and providing for an effective date
Eva Poole, Director of Libraries, stated that this ordinance would prohibit firearms in City
buildings
The following lndlwduals submitted Speaker Cards
Stephen Camp, 2901 Osage Lane, Denton, 7621(~opposed-proposed substitute language
James W Owens, 2226 N Locust, Street, Denton, 76201 - opposed
Johnny Guest, 2503 N Elm, Denton, 76201 - opposed
Dwight Crawford, 7997 Rector Road, Sanger - opposed
Art Behrens, 500 Norttmdge, Denton, 76201 - opposed
Don Wlute, 2105 Savannah Trml, Denton, 76205 - opposed
Dwight Archer, 2631 Collins Road, Denton, - opposed
David Hall, 3418 Hummingbird, Denton, 76209 - opposed
The following lnrhmduals spoke on the issue
Gary Pmou, 2505 Sluloh Road, Denton, 76201 - opposed
Louny McGee, 1200 Brash Creek Road, Argyle, 76226 - opposed
William Scott, 524 Aspen Drive, Denton, 76209 - opposed
Elspeth Crawford, 7997 Rector Road, Sanger, 76266 - opposed
Kenny Mason, 524 Aspen, Denton, 76209 - opposed
Benjamin Hall, 3418 Hummingbird, Denton, 76209 - opposed
Matthew Strauss, 621 Schmitz Street, Apt 2, Denton, 76201 - opposed
Lloyd Hensley, 2204 Emerson, Denton, 76209 - opposed
Bill Knight, 3028 Broken Bow, Denton, 76201 - opposed
Jeryl Golden, 3029 Brandywine, Denton, 76209 - opposed
Floyd Hensley, 106 N Locust Street, Denton, 76201 - opposed
Mike and Barbara Manet, 3 Hlghvlew Court, Denton, 76205 - opposed
Tim Wflkerson, 1433 Pickwick Lane, Denton, 76209 - opposed
Ray Meckel, Rt 3, Box 231, Aahrey, 76227 - opposed
Hal Vmson, 4314 Harvest Hill Road, Carrollton, 75010 - opposed
Cindy and Randy Oliver, 1315 Margle, Denton 76201 - opposed
C~ty of Denton C~ty Council Minutes
October 24, 2000
Page 6
Clautha Galloway, 1812 Emery Street, Denton, 76201 - opposed
Mildred and L T Hensley, 912 Skylark, Denton, 76205 - opposed
Randell Galloway, 1812 Emery, Denton, 76201 - opposed
John Latta, 1200 Bellemead, Denton, 76201 -opposed
Cochran motioned, Brock seconded to adopt the ordinance On roll vote, Beasley "nay",
Burroughs "nay", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "nay", and Mayor
Brock "aye" Motion faded w~th a 3-4 vote
Young motioned, Beasley seconded to adopt the ordinance w~th compromise language
After Council d~scuss~on, Young w~thdrew bas motion and Beasley w~thdrew her second
Following the completion of the Special Called Session, the Council convened ~nto a Work
Session m the C~ty Council Work Session Room
Item #7 was considered
7 The Courted received a report regarthng red~stnct~ng for 2001
Alan Bojorquez and Karen Brophy presented an update on redistricting and the process involved
Consensus of the Council was to beg~n developing a contract for Council consideration
1 The Council was to have received a report, held a d~scuss~on, and given staff d~rectlon
regarding s~gnage
Th~s item was not cons~derad
2 The Council received a report, held a discussion, and gave staff direction regarding a
request from the City of Krum to release approximately 7 acres, from the city's extraterritorial
jurisdiction generally located south of FM 1173 and east of Masch Branch Road (SI-13, Krum
Release of ET J)
Dave Hill, Assistant C~ty Manager for Development Serwces, stated that a residential
development was proposed on and adjacent to the subject site The majority of the development
was w~tban Kmm's city hmlts or extratemtonal jurisdiction A portion of the proposed
development was m Dentun's extraterritorial jurisdiction Krum requested that the City
rehnqmsh the subject area to them Staff was recommendmg that the C~ty enter mto negotiations
with Krum to draft an mterlocal agreement regarding the proposed property and future hmlts of
annexat~0ns
David Polley, Mayor of Krum, spoke an favor of the proposal
Vaughn Andrus, 206 Radecke Road, Krum, 76249, spoke in favor of the proposal
Consensus of the Council was to proceed w~th the staff recommendatxon for a draft ~nteflocal
agreement with Krum at the same time working w~th Krum on the release of the ETJ
Caty of Demton City Councd Mmutes ~
October 24, 2000
Page 7
3 The Council received a report and gave staff d~rect~on regardmg a request from the C~ty
of Sanger to release approximately 670 acres, from the city's davaslon II extratemtonal
f
jurisdiction generally located west o FM 2164 and north of Nmholson Road (SI-19, Sanger
Release of ET J)
Dave Hill, Asmstant C~ty Manager for Development Servxces, stated that Sanger was working on
bnng~ng a large retirement commumty to Sanger The majority of the proposed development
was wathm Sanger's city lamlts or extratemtonal Jurisdiction A portaon of the development was
~n the Det~ton's dlwslon II ETJ Sanger had requested that Denton rehnqmsh the subject area to
them Staff was recommending that the City enter into negotiations with Sanger to draft an
~nterlocal agreement regarding the proposed property and future hmlts of annexations It was
felt that the property should not be released at th~s pmnt ~n t~me
Consensus of the Cotmml was to proceed with the staff's recommendation
Item #8 was considered
8 The Councd received a report, held a dascussaon and gave staff d~rectlon regarding
conveying real property to Denton Housing Authority for affordable housing (SI-00-05) Denton
Housing Authority, 713 Wilson Street & 104 E Prmne Street)
A 715 Wdson Street The 0 54+ acre property was located at the southwest
comer of Alexander and Wilson Street
B 1043 E Prame Street The combined 0 76+ acre parcels were located north of
Prame Street, west of the Phoemx Apartments and south of the Pet-4 drtunage
channel
Doug Powell, Dxrector of Planning and Development, stated the Denton Housing Authority had
requested to acqmre these parcels of land to develop affordable housang The parcel on Wilson
Street would be developed as townhouses and the parcels on Prmne Street were proposed to
serve as open space an conjunction with the redevelopment of the Phoemx apartments
Consensus of the Councd was to proceed w~th the conveyance
4 The Council wewed a wdeo introduction to City Council Meetings and provided staff
darect~on on how to proceed
Staff presented a wdeo that would be used as a lead-in for Councal meetangs
Consensus of the Council was to proceed usxng the v~deo as the lead-an for the meetings
5 The Council was to have received a presentation concemmg Stormwater Phase II
regulata0ns as they relate to the C~ty of Denton and ats operatxons
This item was not considered
6 The Council was to have recetved a presentatxon concemmg the Umted States Army
Corps of Engineers' recent Environmental Assessment for Lake Lewxswlle and related lawsmts
C~ty of Denton C~ty Council Minutes
October 24, 2000
Page 8
Th~s item was not considered
With no further business, the meting was adjourned at 1 20 a m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 27, 2000
The Council convened into a Work Session on Friday, October 27, 2000, at 10 25 a m in
the Council Work Sessmn Room of Clty Hall
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs,
Cochran, Durrance, Knstoferson, and Young
Absent None
10 25 a m
1 The Council held a dlseUSsaon and developed a strategy regarding C~ty of
Denton Cay Council leadership strengths and relationships necessary for
bmldmg the future of the c~ty, including wahout hm~tatlon relataonshlps
between the C~ty Council and staff, decorum, and the role of the Mayor and
individual Council Members
The Council held a d~scuss~on regarding thear leadership strengths and relatmnsh~ps
necessary for building the future of the city Dascusmon included ~ndlwdual
member's strengths, each member's ampact on the Council, the Mayor's leadersbap
style, reporting to each other and Council/staff relations
Couneal Member Durrance left the meeting at 12 00 noon
Council Member Cochran left the meeting at 1 l0 p m
Council Member Burroughs left the meeting at 1 55 p m
W~th no further business, the meeting was adjourned at 2 00 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
BETTY VfflLLIAIvIS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
November 7, 2000
After determmmg that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, November 7, 2000 at 5 15 p m in the City
of Denton Council Work Session Room, Denton City Hall
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durranee, Knstoferson and Young
ABSENT None
1 The Council considered the followmg m Closed Session
A Deliberations Regarchng Real Property - Under TEX GOV'T CODE SeeUon
551 072
1 Received mformat~on f~om Staff, discussed, deliberated, considered, and
provided Staff with advice and direction pertaining to the location of, the
purchase pnee of, the possible terms of purchase of, negotiating issues,
and valuation issues respecting the possible acqmsltlon by the City of
Denton of real property easement interests, comprising six parcels as
follows 0 544 acre, 0 851 acre, 1 090 acre, 1 045 acre, 0 216 acre, 0 648
acre, all tracts being situated near the intersection of Argyle Lane and
Brush Creek Road within the F Daugherty Survey, Abstract No 348, in
Denton County, Texas, which acqmsltlons are for a public purpose,
(Graveyard Branch Sanitary Sewer Project)
Regular Meeting of the City of Denton City Council on Tuesday, November 7, 2000 at 6 00 p m
in the Council Chambers at City Hall
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U S and
Texas flags
2 The Council considered approval of the minutes of October 3, and October 10, 2000
Young motioned, Beasley seconded to approve the minutes as presented On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motion canned unammously
PROCLAMATIONS/PRESENTATIONS
3 Mayor Brock presented the followmg proclamations A Denton Family Unity Week
B National Young Readers Day
C~ty of Denton City Counml Minutes
November 7, 2000
Page 2
4 November Yard of the Month Awards
The Yard of the Month awards for November were not done at this meeting
CITIZEN REPORTS
5 Andrea Olson regarding recyclmg
Ms Olson felt that the City should reconsider its policy to only recycle glass at the City landfill
and the change in the pohcy towards recychng She asked that the Council reconsider its pohcy
6 Dessle Goodson regarding public transportation heanngs
Ms Goodson questioned why a pubhc heanng was not held regarding a recent route change
She felt that the City should add more buses to the routes to ~mprove effimency for the timing of
the routes
7 Tom Kay regardmg lowenng the decibels m the noise ordinance
Mr Kay felt that the decibel level of the noise ordinance needed to be lowered m order help
citizens w~th loud musm He lived near a club that had loud music and had to listen to loud
musm every mght He suggested a graduated fee scale for wolat~ons
8 Carolyn Phillips regarding "The real problem-harassment at a public heanng"
Ms Pbalhps felt that Council Member Young had harassed her at a Councd meeting that she was
not able to attend She felt that the Councd had a duty to protect citizens from th~s type of
violation of mtlzen's rights
9 Billy Brasfield regarding "the City Cotmcd"
Mr Brasfield requested an addatlonal five minutes for hm topic
Council approved an additional five minutes for the C~t~zen Report
Mr Brasfield felt that the City of Denton practiced racism towards Southeast Denton The
Council was not representing the entire C~ty He felt that some Council Members were takdng
money for votes
CONSENT AGENDA
Cochran motioned, Knstoferson seconded to approve the Consent Agenda and the accompanying
ordmances w~th the exception of Item #17 On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye"
Motion passed unammously
City of Denton Clty Council Minutes ,
November 7, 2000
Page 3
10 NO 2000-407
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF THE GAYLA/BRIDGES
SANITARY SEWER SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID #2569
GAYLA/BRIDGES SANITARY SEWER SYSTEM- C-CON SERVICES
$435,543 00)
11 NO 2000-408
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE QUARTERLY PAYMENTS OF THE SOLID
WASTE SURCHARGE, AND PROVIDING AN EFFECTIVE DATE (P O 10010 -
T N R C C - $150,000 00)
12 NO 2000-409
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH SGS WITTER, INC FOR
ENGINEERING AND OTHER RELATED SERVICES FOR DENTON MUNICIPAL
ELECTRIC, AUTHORIZING THE EXPENDITLrRE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (PO 10614 - SGS WITTER, INC
$350,000 00)
13 NO 2000-410
AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF A
FREEDOM RECORDING SYSTEM AS APPROVED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION
SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE
DATE (PO 10613- DICTAPHONE CORPORATION- $34,641 00)
14 NO 2000-411
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
MONTGOMERY WATSON AMERICAS, INC FOR ENGINEERING SERVICES
PERTAINING TO THE LAKE LEWISVILLE WATER TREATMENT PLANT
SCADA SYSTEM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE
15 NO 2000-412
AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND RON GOWAN, AND
PROVIDING AN EFFECTIVE DATE
City of Denton City Cotmcll Minutes
Novembe~ 7, 2000
Page 4
16 NO 2000-413
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND BRAEWOOD PARTNERS, LTD, RELATING TO THE
PURCHASE OF APPROXIMATELY 0 0432 ACRES OF LAND BEING LOCATED
IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407 OF DENTON COUNTY,
TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
17 Tins item was not considered
PUBLIC ItEARINGS
Item #21 was considered
21 The Council held a public heanng and considered adoption of an ordinance approving a
Specific Use Permit (SUP) for an off-street parking lot on approximately 4 1 acres The site was
in an Office (O) zoning dlsmct The property was generally located south of 1-35E and west of
Southnd§e Drive The purpose of the SUP was to provide off-street parking for a proposed
office bmldmg expansion The Planning and Zomng Commission recommended approval (5-0)
with conchtlons (Z-00-019, Peterbdt SUP)
Doug Powell, D~rector of Planning and Development, stated that the site was across from the
present Peterbilt site Peterbilt wanted to bmld an additional parking for the office site
The Mayor opened the public heanng
The following lnchvldual spoke during the public heanng
Jim Fykes, Peterbilt - favor
The Mayor closed the public heanng
The following orchnance was considered
NO 2000-415
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A REMOTE OFF-STREET PARKING LOT ON 4 1 ACRES OF LAND
LOCATED SOUTH OF 1-35E WEST OF SOUTHRIDGE DRIVE, WITHIN AN OFFICE (O)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A
PENALTY IN THE MAX1MUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF,
AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-019)
City of D~ton City Council Minutes
November 7, 2000
Page 5
Cochran motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock"aye" MoUon passed unammously
The Council returned to the regular agenda order
18 The Council considered and took action regarding an involuntary annexation and service
plan for approximately 1,711 acres of land located in the southwestern section of the City of
Denton extratemtonal jurtsdmtmn (ET J), for the following tracts
Tract #1: approximately 504 acres of land located tn the southwestern side of the C~y
of Denton '~ extraterritor~aljurzsdtctton west of US Highway 377, south of Allred and
north of Johnson Lane
Tract #2. approximately 1032 acres of land located tn the southwester side of the City
of Denton's extraterrttortal jur~sdtctton east of Interstate Htghway 35 West and west of
the Kansas City Southern Railway Company, extendtng south along Bonme Brae to the
west side of US Highway 377
Tract #$: approximately 1 7 acres of land located northeast of the mtersectton of
Corbzn and Bonme Brae
Tract #4: approximately 173 acres of land located east of US Highway 377 (Fort
Worth Drive) and north of Brush Creek Road and west of Country Club
a The Council held the second of two required public hearings to hear public
comments regarding the proposed annexation regarding the above referenced
tracts, and
b Considered and took action on mnendments to the boundaries of the proposed
annexation by reducing ehmmatmg certmn properties currently included in the
above referenced tracts fi.om the annexation proceedings, and
c Considered and took action on amendments to the service plan for the proposed
annexation regarding the above referenced tracts
Dave Hill, Assistant City Manager for Development Services, presented the boundaries of the
two annexation proposals Tlus was the second of two required public heanngs regarding the
proposed annexation Staff had conducted one of the two neighborhood meetings requested by
Council regarding the proposal The rational for the proposed annexation was that the area was
subject to intense development procedures and would eventually become an urban area of the
city There was a need to protect the area with the City's development regulations Staffwould
like direction from Council regarding how to proceed with the annexation Areas in the
proposed annexation could be deleted but not added without starting the process over
The Mayor opened the public hearing
The following individuals spoke dunng the public heanng
C~ty of Denton Clty Council Minutes
November 7, 2000
Page 6
Peggy Smith Bassham, 5119 Johnson Lane, Argyle, 76226 - opposed
Don Logan, 4269 South Bonnie Brae, Argyle, 76226 - opposed
Jack Parkes, 3129 S Bonnie Brae, Denton, 76207 - opposed
Terry Houston, 4525 Bonnie Brae, Argyle, 76226 - opposed
Lonny McGee, Brush Creek Road, Argyle, 76226 - opposed
M C Burch 7034 Country Club Road, Denton, 76207 - opposed
Greg Hmnnchs, 1180 Brush Creek Road, Argyle, 76226 - opposed
Tom Holamon, 3246 S Bonme Brae, Denton, 76207 - opposed
Kevm Wade, 4377 S Bonme Brae, Argyle, 76226 - opposed
Pdchard Smutzer, 7254 Bonme Brae, Argyle, 76226 - opposed
David Saxe, 8023 Bonnie Brae, Argyle, 76226 - opposed
Brent Pennmgton, 1360 Brush Creek Road, Argyle, 76226 - opposed
Trace Moffatt, 6150 Allred Road, Argyle, 76226 - opposed
Mont and Emne Wilkes, 141 Spnngfield Lane, Argyle, 76226 - opposed
Angela Barber, 313 Allred Road, Argyle, 76226 - opposed
Mary McWhorter, 2740 Sklvue, Argyle, 76226 - opposed
Charles Hackett, P O Box 998, Argyle, 76226 - opposed
Patncla Brown, 4300 Johnson Lane, Argyle, 76226 - opposed
The following lnd~wduals presented Speaker Cards
Debble Arnold, 2729 Skivue, Argyle, 76226 - opposed
Arthur Thompson, P O Box 295, Denton, 76202 - opposed
Nub Neighbors, 864 Sanders, Denton, 76205 - opposed
Shirley Dane, 1014 Brash Creek Road, Argyle, 76226 - opposed
Mfllard Smith, 1996 Huhng Road, Sanger, 76266 ~ opposed
R G St John, 3821 Bonme Brae, Argyle, 76226 - opposed
Tom and Jack Howell, 3198 S Bonnie Brae, Argyle, 76226 - opposed
Tom McWhorter, 2740 Skavue, Argyle, 76226 - opposed
Pat Logan, 4269 S Bonnie Brae, Argyle, 76226 - opposed
Gary Davis, 970 Brash Creek Road, Argyle, 76226 - opposed
Vernon Wade, 960 Brush Creek Road, Argyle, 76226 - opposed
Tim and Jeanna Sutton, South Bonnie Brae, Argyle, 76226 - opposed
Nelda Burch Hackett, P O Box 998, Argyle, 76226 - opposed
Warren Arnold, 2729 Sklvue, Argyle, 76226 - opposed
The Mayor closed the public heanng
Burroughs motioned, Young seconded to approve the annexation with the deletion of Parcels 33-
53 of Tract 2 and all of Tract 4 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "nay" Motion passed w~th a
6-1 vote
Council agreed that the remalmng tracts and any amendments to the annexation plan would be
deferred to the upcoming work session
C~ty of Denton C~ty Council Minutes
Novembe~ 7, 2000
Page 7
Hill reviewed the service plan and the minor changes that had been made s~nce the last pubhc
hearing
Mayor motioned, Knstoferson seconded to accept the servme plan w~th the noted changes On
roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye",
Young "aye", and Mayor Brock "aye" Morton passed urlanlmously
19 The Council considered and took action regarding an ~nvoluntary annexation and service
plan for approximately 1,370 acres of land located in the southwestern sectaon of the C~ty of
Denton extratemtonal jurisdiction (ET~), for the following tracts
Tract #1: approximately 1,365 5 acres of land located on the southwestern side of the
City of Denton's extraterritorial jurisdiction east of U S Highway 377, south of Regency
Court on each side of Country Club Road, west of Montectto along Ryan Road and
mostly north of Brush Creek Road
Tract #2: approximately 3 6 acres of land located on the southwestern side of the Ct~y of
Denton's extraterrttortal jurts&ctton west of Montectto, south of E1 Pasco and east of
Santa Montca
a The Cotmcfl held the second of two reqmred pubhc heanngs to hear pubhc
comments regarding the proposed aunexat~on regarthng the above
referenced tracts, and
b Considered and took action on amendments to the boundaries of the
proposed annexation by reducing ehmmating certmn properties currently
~neluded m the above referenced tracts from the annexation proceedings,
and
c Considered and took action on amendments to the service plan for the
proposed annexation regarding the above referenced tracts
Dave Hill, Assistant C~ty Manager for Development Services, stated that the conditions were the
same for flus annexation as for the prewous annexation The Service plan had been modffied by
adding more detail and should be consadered by Council at~er the pubhc heanng
The Mayor opened the pubhc heanng
The following md~wduals spoke dunng the public heanng
Dot Thompson, 175 Ryan Road, Denton, 76210 - opposed
Patty Clark, 768 Ryan Road, Denton, 76210 - opposed
Betty Farmer, 9437 Hilltop Road, Argyle, 76226 - opposed
Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed
The following md~mduals had submitted Speaker Cards
Hfldegard Rainbow, 453 Ryan Road, Denton, 76210 - opposed
C~ty of Denton City Council Minutes
Novembm47, 2000
Page 8
Walter anql Betty Leatherwood, 1188 Hmkory Creek Road, Denton, 76210 - opposed
Leonard and Barbara Perkxns, 834 Sanders Road, Denton, 76210 - opposed
M C Butch, 2034 Country Club Road, Denton, 76210 - opposed
Paul Thetford, 768 Sanders Road, Denton, 76210 - opposed
The Mayor closed the pubhc heanng
Krmtoferson motioned, Burroughs seconded to approve the annexation w~th the deletion of
Parcels 73, 88, 89, and 90 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion passed
unanimously
Beasley motioned, Burroughs seconded to approve the Service Plan as amended On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion passed unammously
20 The Council held a pubhc heanng and conmdered the adoption of an ordinance granting
approval of a surface use of a portion of the Denton Branch Rml/Trafl approximately 500 feet
north of Mayhlll Road for the lnstallataon of a pubhc street in accordance with Chapter 26 of the
Texas Parks and Wfldhfe Code, and prowd~ng for the ~ssuance of an easement and prowd~ng an
effective date
The Mayor opened the pubhc heanng
No one spoke dunng the pubhc heanng
The Mayor closed the pubhc heanng
The following ordinance was conmdered
NO 2000-414
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 500 FEET NORTH
OF MAYHILL ROAD FOR THE PURPOSE OF A PUBLIC STREET IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE, PROVIDING FOR A STREET DEDICATION EASEMENT, AND
PROVIDING AN EFFECTIVE DATE
Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motton passed unammously
22 The Council held a pubhc hearing and conmdered adoption of an ordinance approwng a
Detailed Plan for the Preserve at Pecan Creek Amemty Center The 8 29 acre property was
located on the east mdc of Lakewew Boulevard approximately 2500 feet northeast of the
~ntersectton of Lakewew Boulevard and Swisher Road and was ~n the Planned Development 132
(PD-132) zoning dmtnct A commumty amemt~es center was proposed The Planmng and
City of Denton City Cotmed Minutes
November 7, 2000
Page 9
Zonmg Commission recommended approval (7-0) with conditions (Z-00-017, Preserve Amemty
Center)
The Mayor opened the public heanng
Dan Hopktns spoke in favor
The Mayor closed the public heanng
The following ordinance was considered
NO 2000-416
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO 98-394, TO PROVIDE FOR A DETAILED PLAN FOR 8 29 ACRES LOCATED
WITHIN THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND
LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY
LOCATED ON THE EAST SIDE OF LAKEVIEW BOULEVARD APPROXIMATELY
2500 FEET NORTHEAST OF THE INTERSECTION OF LAKEWOOD BOULEVARD
AND SWISHER ROAD IN THE CITY OF DENTON, DENTON COUNTY TEXAS,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE (Z-00-017)
Beasley motioned, Burroughs seconded to adopt thc ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion passed unammously
23 The Council held a public heanng and considered adoption of an ordinance approving a
Zomng Plan, commonly known as 3200 E University from an Agriculture (A), General Retml
(GR), and Single Family (SF-10) zoning districts to a Planned Development (PD) zoning district
The 111 acre property was generally located at the southeast comer of Loop 288 and East
University Drive A mixed use development that included Single Family, Retml, Parkland, and
Light Industrial uses was proposed The Planning and Zoning Commmslon recommended
approval (6-0) w~th conditions (ZP-00-011, Prominence Square)
Doug Powell, Director of Planmng and Development, stated that a zoning change was requested
changing the zoning to a planned development
The Mayor opened the public heanng
The followmg ~ndlvlduals spoke dunng the public heanng
Alan Bucell - favor
Henry Rafe - favor
L T Holland, 3760 Holland Lane, Denton, 76208 - favor
City of Denton City Council Minutes
November 7, 2000
Page 10
The Mayor closed the public heanng
The following ordmance was considered
NO 2000-417
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR 111 ACRES LOCATED WITHIN AGRICULTURE (A)
GENERAL RETAIL (GR) AND SINGLE FAMILY (SF-7) ZONING DISTRICTS, TO
CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR
SINGLE FAMILY, RETAIL, PARKLAND, AND LIGHT INDUSTRIAL USES, THE
SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF
LOOP 288 AND UNIVERSITY DRIVE, PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-
011)
Burroughs motioned, Young seconded to adopt the ordinance w~th the conditions as
recommended by the Planning and Zomng Commission On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye"
Motion passed with a 6-1 vote
24 The Council held a public heanng and considered adoption of an ordinance approving a
Zomng Plan to rezone 37 8 acres fi.om an Agriculture (A) zomng district to a S~ngle Family (SF-
10) zomng district The property was generally located north of Hickory Creek on the west side
of Teasley Lane A single family subdivision with open space was proposed The Plannmg and
Zomng Commission recommended approval (6-0) with conditions (ZP-00-015, Lexington Park
South)
The Mayor opened the public heanng
No one spoke dunng the public hearing
The Mayor closed the public heanng
The following ordinance was considered
NO 2000-418
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A
ZONING PLAN FOR 37 8 ACRES LOCATED WITHIN AN AGRICULTURE (A)
ZONING DISTRICT TO CHANGE TO A SINGLE FAMILY (SF-10) DISTRICT TO
ALLOW FOR SINGLE FAMILY USES, THE SUBJECT PROPERTY BEiNG
LOCATED NORTH OF HICKORY CREEK ROAD ON THE WEST SIDE OF
TEASLEY LANE IN THE ELI PICKETT SURVEY, ABSTRACT NO 1018, DENTON
COUNTY, TEXAS, PROVIDiNG A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-015)
C~ty of Denton C~ty Counml M~nutes
Novembe~ 7, 2000
Page 11
Beasley motioned, Young seconded to adopt the ordinance w~th the cond~ttons recommended by
the Planning and Zoning Comrmss~on and to return to Council dunng the project plan stage On
roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye",
Young "aye", and Mayor Brock "aye" Motton passed unammously
ITEMS FOR INDIVIDUAL CONSIDERATION
25 The Council considered adoption of an ordinance authonmng the C~ty Manager to
execute an agreement with the Texas Workfome Comm~sston to certify the C~ty of Denton
expenditures for child care services and request Federal matching funds, authorizing the City to
cemfy child care expenditures, approving the expenditure funds, and prowng an effective date
The following ordinance was considered
NO 2000-419
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY
THE CITY OF DENTON EXPENDITURES FOR CHILD CARE SERVICES AND
REQUEST FEDERAL MATCHING FUNDS, AUTHORIZING THE CITY TO
CERTIFY CHILD CARE EXPENDITURES, APPROVING THE EXPENDITURE
FUNDS, AND PROVIDING AN EFFECTIVE DATE
Young motioned, Cochran seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye"
Motmn passed unammously
26 The Council considered adoption of an ordinance of the cay of Denton, Texas, amending
Section 4 2 of Ordinance No 94-183 as amended, relating to the Rules of Procedure of the C~ty
Council to allow the Mayor, C~ty Manager, or three Councd Members to call a special meeting,
ratifying meetings and actions of the Mayor, C~ty Manager or three c~ty council members calbng
a meeting at a different location, and to designate a location for a special called meeting,
prowdmg a repealing clause, and promdmg an effective date
The following ordmance was considered
NO 2000-420
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 4 2
OF ORDINANCE NO 94-183 AS AMENDED, RELATiNG TO THE RULES OF
PROCEDURE OF THE CITY COUNCIL TO ALLOW THE MAYOR, CITY
MANAGER, OR THREE COUNCIL MEMBERS TO CALL A SPECIAL MEETING,
RATIFYING MEETINGS AND ACTIONS OF THE MAYOR, CITY MANAGER OR
THREE CITY COUNCIL MEMBERS CALLING A MEETING AT A DIFFERENT
LOCATION, AND TO DESIGNATE A LOCATION FOR A SPECIAL CALLED
MEETING, PROVIDING A REPEALING CLAUSE, AND PROVIDING AN
EFFECTIVE DATE
C~ty of Donton C~ty Council M~nutes
November 7, 2000
Page 12
27 The Courted considered approval of a resolution nominating members to the Appraisal
Revmw Board of the Denton Central Appraisal D~stnct, and declaring an effective date
Th~s item was not considered
28 New Bus~ness
The following ~tems of New Bus~ness were suggested by Council for future agendas
A Council Member Knstoferson requested a work session ~tem regarding
amendments to the nmse ordmance
29 Items from the City Manager
C~ty Manager Jez rhd not have any items for Courted
30 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetmgs Act
31 There was no officml actxon on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetmgs Act
W~th no further business, the meeting was adjourned at 12 45 a m
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 8, 2000
Joint meeting of the City of Denton City Council and the Denton Independent School Dlsmct
Board of Trustees on Wednesday, November 8, 2000 at 12 noon at the Denton ISD Central
Services Bmldmg
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Cochran, and
Knstoferson
ABSENT' Council Members Burroughs, Durrance and Young
1 Mayor Brock announced a quorum of the Council was present and called the Council to
order
2 The Council received an update and held a discussion on the Natatorium/Aquatic Center
Joint ProJect
Ed Hodney, Director of Parks and Recreation, provided an update on the progress of the
consultants
Janet Simpson, Assistant Director of Parks and Recreation, stated that a joint DISD/City aquatic
teem had, been formed to assist with this cooperative project She reviewed the lustory of the
development of the project
Council Member Durrance amved at the meeting
The consultants for the project reviewed the plans for the proposed center
Council Members Cochran and Durranee left the meeting
3 The Council was to have received a report and hold a discussion regarding the Denton
ISD school d~sc~phne/SRO Progrem
As Council Member Cochran had requested this ~tem, ~t was postponed to a future meeting
As there was no longer a quorum of the Council, no further minutes were taken
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
November 14, 2000
After determlnmg that a quorum is present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, November 14, 2000 at 5 15 p m in the City of
Denton Council Work Session Room
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 The Council considered the following in Closed Meeting
A Dehberataons Regardmg Certain Public Power Utilities Competitive Matters ---
Under TEX GOV'T CODE Section 551 086
(1) Received competitive electric and commercial information
from one of the City's Texas Mumcipal Power Agency ("TMPA") Board
Members and/or City Staff pertaining to certain matters respectmg present
and future maintenance issues, financial issues, operational issues, legal
and comphance issues, and other related issues and strategies concerning
the City's interest in, and its business relationship with TMPA, and
discuss, deliberate, consider, and provide such TMPA Board Member
and/or Staffwnh chrection regarding such matters
Work Session of the City of Denton City Council on Tuesday, November 14, 2000 at 6 00 p m
in the Council Work Session Room in City Hall
1 The Council received a report, held a discussion, and gave staff direction concernmg a
proposed Community Emergency Management Program called CHER CAP (Comprehensive
Hazmat Emergency Response Capability Assessment Program)
Ross Chadwick, Fire Chief, presented the background information regarding the proposed
program as noted in the agenda materials The City had received a grant for $6,000 to offset
costs of the program The only restriction on the funds was that they could not be used for
personnel costs The program would strengthen the City's emergency management program and
better prepare the community for accidents resulting from technological hazards as well as
natural rhsasters CHER-CAP also assisted jurisdictions In Identifying ways hazardous materials
prevention and mitigation measures could be implemented to reduce emergencies and protect the
pubhc
Consensus of the Council was to proceed with the program
2 The Council received a report, held a discussion and gave staff direction regarding the
Neighborhood Empowerment Program (NEP)
Michelle Cmmmgham, Commumty Relations Coordinator, stated that the purpose of the
program would be to help improve the quality of life m Denton's neighborhoods by supporting
project partnerships between the City and its neighborhoods The program would match City
and neighborhood resources to complete neighborhood-proposed projects that foster self-help,
neighborhood pride, and enhance and beautify Denton's neighborhoods The program would
CITY OF DENTON CITY COI3NCIL MINUTES
November 14, 2000
After determlmng that a quorum is present and convening m an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, November 14, 2000 at 5 15 p m in the City of
Denton Council Work Session Room
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran,
Dun'mace, Knstoferson mad Young
ABSENT None
1 The Council considered the following in Closed Meeting
A Dehberattons Regarding Certmn Public Power Utthtles Competitive Matters ---
Under TEX GOV'T CODE Section551 086
(1) Received competatlve electric mad commercial reformation
from one of the City's Texas Municipal Power Agency ("TMPA") Board
Members and/or City Staff pertmnmg to certtun matters respecting present
and future maintenance issues, financial issues, operational issues, legal
and compliance Issues, and other related issues and strategies concerning
the City's interest in, and ~ts business relationship with TMPA, and
d~scuss, deliberate, consider, and prowde such TMPA Board Member
and/or Staff with direction regarding such matters
Work Session of the City of Denton Cxty Council on Tuesday, November 14, 2000 at 6 00 p m
in the Council Work Session Room m City Hall
1 The Council received a report, held a discussion, and gave staff direction concerning a
proposed, Commumty Emergency Management Program called CHER CAP (Comprehensive
Hazmat l~mergeney Response Capability Assessment Program)
Ross Chadwick, Fire Chief, presented the background information regarrhng the proposed
program as noted in the agenda materials The City had received a grant for $6,000 to offset
costs of the program The only restriction on the funds was that they could not be used for
personnel costs The program would strengthen the City's emergency management program and
better prepare the commumty for accidents msultmg from technological hazards as well as
natural disasters CHER. CAP also assisted junsdactions in identifying ways hazardous materials
prevention and mttlgatxon measures could be amplemented to reduce emergencies mad protect the
public
Consensus of the Council was to proceed with the program
2 The Council received a report, held a dlscussxon mad gave staff direction regarrhng the
Neighborhood Empowerment Program 0N-EP)
Mlchelle Cunnmgham, Community Relations Coordinator, stated that the purpose of the
program~would be to help improve the quahty of life in Denton's neighborhoods by supporting
project partnerships between the City and its neighborhoods The program would match City
and neighborhood resources to complete nexghborhood-proposed projects that foster self-help,
neighborhood pride, and enhance and beautify Denton's neighborhoods The program would
C~ty of Denton Clty Courted Munutes
November 14, 2000
Page 2
promote a qmek, easy process where neighborhoods reahzed a demonstrated benefit of c~ty
expenditures
Consensus of the Cotmcfl was to proceed w~th the program
3 The Council received a report, held a d~scusslon and gave staff d~rect~on regarding the
creation of an International Sxster C~t~es Program
M~chelle Cunmngham, Commumty Relations Coordinator, stated that S~ster C~t~es International
was a not-for-profit organization that focused on arts, education, and cultural exchange,
economic and business development, mumc~pal training and commumty problem solwng and
health, technology and youth leaderslnp She rewewed the details of the program as noted m the
agenda materials
Consensus of the Council was to proceed w~th the program
4 The Council received a report, held a d~scuss~on, and gave staff d~rect~on regarding the
ongoing prows~on and updating of development-related data
Doug Powell, D~rector of Planning and Development, stated Courted had requested a variety of
data regarding development approvals Staff was requesting that Council determine the
questions that the data was intended to answer, the format provided, and the cost ofprowd~ng the
data If Council could define the uses to which the data would be used, staff could prepare a
comprehensive data format that could serve several purposes
Consensus of the Courted was to use e~ther 1996 or 1998 as a basehne for starting the reports and
to provide the reports on a quarterly bas~s Cotmcfl was looking for growth rate, the percentage
of reaidentlal, hnsmesses industrial Staff would provtde a base hne for the start of the program
Multffamfly should be a separate category and multffamlly student housing should be wewed by
number of bedrooms A prototype would be designed for Council consaderat~on
5 The Courted received a report, held a d~scuss~on, and gave staff direction regarding the
defimt~on of open space as related to development regulataons and exactions
Doug Powell, D~reetor for Plannmg and Development, stated that Council Member Knstoferson
had requested the d~seuss~on of the defimtlon of open space be placed on a work session agenda
The common use of the term "open space" had led to some misunderstanding as ~t related to
regulatory reqmrements He rewewed the prows~ons of the Landscape Ordinance, the Park
Dedleat~on Ordinance, the interim regulations and draf~ Development Code as ~t related to the
defimt~on of open space
Consensus of the Council was to break down the amount of"open space" for future development
Issues
6 The Council received a report, held a d~scuss~on and gave staff d~rect~on regarding
gambhng dewees and the feas~bahty of heensmg and taxing certain co~n-operated machines
w~th~n the C~ty of Denton
City of De~ton City Council Mnnutes
November 14, 2000
Page 3
Gary Matheson, Chief of Police, stated that Council had suggested that if the City could not
prohibit these devices, that it might be feasible to license and tax such operations The
Department had research the msue and determined that these machines were a vlolatmn of State
law and would notify those businesses hawng them on the premise of that demslon The
Department would pursue prosecution once the businesses had been notified and provided a
reasonable opportunity to comply Since "e~ght liners" were illegal gambling dewces under
State law, licensing or taxing them would not be an option
Consensus of the Council was to proceed with the course of action as suggested by the Police
Department
7 The Council received a report, held a discussion and gave staff d~rection regarding the
relocation ofutlhtles due to Hwy 380 expansion from Locust Street to Loop 288
Chuck Sears, Electric Engmeenng Administrator, presented the detmls of the power hne
conversion project on Umvemty Drive
8 The Cotmcll received a report, held a d~scusslon and gave staff direction regarchng
approval of a professional services contract with Alan Plummer and Assocmtes for the design of
an effluent reuse line to be installed along Mayhlll Road
Jim Coulter, Director of Water and Wastewater Utlht~es, presented the effluent reuse program
history as noted in the agenda materials He detmled a proposed englneenng contract with Alan
Plummer and Associates to connect the Spencer Power Plant cooling towers directly to the
effluent reuse line
Consensus of the Council was to proceed with the project
9 The Council received a report, held a discussion and gave staff dlrectmn regarding group
homes
Ed Snyder, Assistant City Attorney, reviewed the State regulations for group homes The Legal
Department recommended that group homes m excess of four residents, other than Community
Homes for the Disabled, be located in the areas designated for multlfamdy m the new code and
require a specific use permit and a license as long as the structure could accommodate the
number of residents under the braiding code's defimtlon of maximum occupancy restrictions
9 The Council received a report, held a discussion and gave staff direction regarding state
annexation law, boundary adjustments to annexation tracts, and agreements in lieu of annexation
(Ryan/Country Club Annexation A-101 & US377/I35W Annexation A-102)
Dave Hall, Assistant C~ty Manager for Development Services, stated that the Council had
requested a work session on this item to provide additional information on how to proceed with
annexatl0n proceedings for the two above annexatmns Those questions were detmled m the
agenda back-up materials
Council Member Cochran recommended removing the Burch property and Wilkes property from
the annexation process He felt that owner occupied agricultural land should not be annexed
City of Denton City Council Ml~nutes
Novembet~ 14, 2000
Page 4
Following the completion of the Work Session, the Council convened an a Special Called
Meeting in the City Council Chambers to consider the following
1 The Council considered and took action regarding an involuntary annexation and service
plan for approximately 1,446 acres of land located in the southwestern section of the City of Denton
extratemtonal jurisdiction (ET J), for the following tracts
Tract #1' approxtmately 504 acres of land located tn the southwestern stde of the Ct~y of
Denton's extraterrttortal jurtsdtctton west of US Htghway 377, south of Allred and north
of Johnson Lane
Tract #2. approxtmately 940 acres of land located tn the southwester stde of the Ctty of
Denton's extraterrttortal jurtsdtctton east of Interstate Htghway 35 West and west of the
Kansas Ctty Southern Ratlway Company, extenchng south along Bonme Brae to the west
side of US Htghway 37
Tract #3: approxtmately 1 7 acres of land located northeast of the tntersectton of Corbtn
and Bonnie Brae
a The Council considered and took action on amendments to the boundaries of the
proposed aunexataon by deleting certmn properties currently ~ncluded m the above
referenced tracts fi:om the aunexat~on proeeedmgs, and
b The Council considered and took action on amendments to the service plan for the
proposed annexation regarding the above referenced tracts
Dave Hill, Assistant City Manager for Development Services, stated that dunng the break fi:om
the Work Session to the Special Called Session, Council Member Cochran had suggested
deleting Parcels 28, 30, 31 fi:om the annexation and all of Tract 1 be referred to a three year
annexation plan He stated that at the last meeting it was not specifically mentioned that Tract 32
was to be included and he suggested that Council include that tract at this meetmg
Council discussed the pros and cons of a three year annexation plan and agreements m lieu of
annexation
The following lndlwduals spoke regarding the annexation
M C Butch, 7034 Country Club Road, Denton, 76210, spoke in opposition to the item
Jane Stapler, 7038 Country Club Road, Denton, 76210, spoke in opposition to the item
Burroughs motioned, Knstoferson seconded to direct staff to prepare the ordinance £or
involuntary annexation and service plan as proposed and amended and further amended to
exclude Parcels 28, 30, 31 and Tract 32 On roll vote, Beaslcy "aye", Burroughs "aye", Cochran
"aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion passed
w~th a 6-1 vote
2 The Council considered and took actaon regarding an involuntary annexation and service
plan for approximately 1,280 acres of land located in the southwestern section of the City of Denton
extratemtonal jurisdiction (ET J), for the following tracts
C~ty of Denton C~ty Council Mnnutes
November 14, 2000
Page 5
Tract #1: apprommately 1,276 acres of land located on the southwestern stde of the Ct~y of
Denton's extratemtonal jurtsd~ctwn east of US Htghway 377, south of Regency Court on
each stde of Country Club Road, west of Montectto along Ryan Road and mostly north of
Brush Creek Road
Tract #2: approximately 3 6 acres of land located on the southwestern sMe of the C~tY of
Denton's extraterrttonal jurts&ctton west of Montectto, south of El Paseo and east of Santa
Momca
a Considered and took act~un on am,ndments to the boundaries of the proposed
annexation by deleting certmn properttes currently ~ncluded ~n the above
referenced tracts from the annexation proceedings, and
b Considered and took action on amendments to the servme plan for the
proposed annexation regarding the above referenced tracts
Dave Hill, Assistant C~ty Manager for Development S~rvmes, stated that ~t had been suggested to
further delete parcels 74, and 78, 101,102, 104, 105, 106, 107, 108 through 112
Council Member Cochran suggested also deletmg Parcels 1 and 2 w~th agreements ~n heu of
annexatmn to be obtained from the owners
Dot Thompson, 175 Ryan Road, Denton, 76210, spoke regarding the proposal
Council d~scussed the pros and cons of obta~mng agreements m heu of annexation
Cochran motioned, Burroughs seconded to approve the annexatton deleting parcels 1, 2, 74 and
78 from A-101 and Parcels 28, 30, and 31 from A-102 On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye"
Motion passed wtth a 6-1 vote Staff would work on agreements ~n heu of annexation for parcels
101,102, 104-112 m A-101 and all of Tract 2 m A-102
3 There was no offimal action on Closed Meeting Item(s) under Secttons 551 071-551 086 of
the Texas Open Meettngs Act
W~th no further business, the meeting was adjourned at 10 56 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
Agenda Item /-~ '
AGENDA INFORMATION SHEET Oa~ I~- fi'/f(~
AGENDA DATE December 5, 2000
DEPARTMENT' Commumty Development ~/
ACM' David Hdl, Assistant C~ty Manager, Development Serwces
SUBJECT:
Consider adoption of an ordinance anthorlzmg the City of Denton, Texas, to join S~ster
C~t~es International and to assist v~th a search for an appropriate S~ster C~ty, and to
authorize travel expenses to ws~t potential Sister City nommees, prowdmg retroactive
effect, and authorizing the City Manager to take other action consistent with th~s
ordinance, and prowd~ng an effective date
BACKGROUND'
S~ster Cities International (SCI) is an international not-for-profit organization
representing over 1,300 U S ¢ommumt~es and their 2,200 partners ~n over 137 countries
The agency supports community-to-community programs focused on
· arts, education and cultural exchange
· economic and bumness development
· municipal trmmng and commumty problem solving
· health
· technology
· youth leadershxp
SCI's full-t~me staffare located m Washington DC and offer an array of grant and
program asmstance to member crees for annual dues of $480
The Denton Sxster Crees International (DSC1) steenng commxt~ee was formed to
determine the commumty's interest and wxlhngness to support a Sxster C~ty program
Denton The commxttee developed an mformatxonal brochure/xnterest survey and
dxstr~buted xt to the Denton commumty through the three Chambers, varxous community
service orgamzatxons, DISD instructors and PTA presxdents, the Denton Record
Chromcle, and at the Golden Triangle Mall Commumty response to the survey
overwhelmingly supported a Sxster Crees program xn Denton, w~th Mexxco as the
preferred country for Denton's first Sister C~ty
The DSCI steering committee developed and ranked c~ty atmbutes for selecting a S~ster
C~ty These cmerm emphasxzed ease of travel, umvers~ty opportumtles, strong local
mumc~pal support, and business opportunmes Seventy-exght Mexxcan crees w~th
populations over 100,000 were researched The committee ranked each agmnst the
cnterla and for their avmlabthty for a Sister City parmershlp (A city may only have one
Sister City in each country ) Out of the seventy-eight cities considered, two cities were
selected to visit ~n order to complete the criteria information worksheets San Nicolas de
los Garza and Cludad Victoria Many of the cities were dropped from consideration
because they did not have a umvemty or already had U S Sister Cities
The attached ordinance authorizes the City to join Sister Cities International and to help
defray a portion of the travel expenses to visit the San Nicolas de los Garza and Cludad
Vmtona The responsibility for remmnmg travel expenses will be shared by the
delegate's educational, business, or civic organization and/or by corporate sponsorship
ESTIMATED SCHEDULE OF PROJECT
If approved, DSCI plans to complete the membership application and obtain 501 c3 not-
for-profit status by January 2001 The formal slgmng of a Sister City agreement could
occur by April 2001, The DSCI Board would assist in developing immediate
opportunities expressed by Habitat for Humanity, DISD performing arts groups, and the
Clnco de Mayo Committee, the May 2001 North American International Trade Corridor
Partnership conference in Ft Worth, and University of North Texas existing programs
with the Technological Institute, Mexico's national college system The Board would
beg~n soliciting memberslmps from the Denton community and sponsorships for events
and programs
RECOMMENDATION:
Staff recommends approval of the ordinance
PRIOR ACTION/REVIEW
This item was discussed at the November 14, 2000 City Councd Work Session Council
directed staff to proceed with the program and return with the appropriate ordinance
FISCAL INFORMATION
Fort Worth tracks the Sister City activities with their program and report the economic
impact of tourism associated w~th Ft Worth's Sister Cities program was $700,000 in
1999
The ordinance provides funding to help defray some travel expenses of the initial visits to
Cludad Victoria and San Nicolas de los Garza not exceed $5,000 and would include all
expenses for at least one City staffrepresantatlve In ad&tlon, it provides funding of
$480 for the City's membership in Sister Cities International
2
EXHIBITS
· Ordinance
Respectfully Submitted
L~nda Rathff, Director ~
Commumty Development Department
Prepared by
Mlchelle Cunmngham /
Commumty Relations Coordxnator
3
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS, TO JOIN SISTER
CITIES INTERNATIONAL AND TO ASSIST WITH A SEARCH FOR AN APPROPRIATE
SISTER CITY, AND TO AUTHORIZE TRAVEL EXPENSES TO VISIT POTENTIAL
SISTER CITY NOMINEES, PROVIDING RETROACTIVE EFFECT, AND AUTHORIZING
THE CITY MANAGER TO TAKE OTHER ACTION CONSISTENT WITH THIS
ORDINANCE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Chamber of Commerce (Chamber) has appointed a Denton Sister Cities
Internatmnal (DSCI) Steenng Commattee (Committee) to determine the commumty's anterest in
and wllhngness to support a Sister Cities Program m Denton, and
WI-IEREAS, the Commattee developed an mformaUonal brochurehnterest survey and
dastnbuted at to the Denton commumty and the commumty response to the survey
overwhelmingly supported a "Sister Catxes Program in Denton", and
WHEREAS, the Commattee undertook to rank various desarable caty attributes for
selecting a Saster Caty and after companng seventy-eight Mexican catles with populatmns over
100,000 to adentlfy the most compatible saster caty for Denton, the Commattee has recommended
that two reties - San Nicolas de los Garza and Cludad Victoria be vasated to consider thear
selection as a Sister City, and
WHEREAS, the City Manager has recommended that the City work with the Chamber to
develop a Denton Sister City Program and by jolmng Sister C~taes International and funding a
vasat to the two potential Sister Cities mentmned above, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Caty Manager, workang m conjunctmn wath the DSCI Steenng
Commattee as hereby authorized to work with the Commattee to complete a membership
apphcatmn, to expend funds not to exceed $5,000 to assist with travel expenses for the lnmal
mSltS to San Nmolas de los Garza and Cmdad Vmtona, to send at least one City staff
representative designated by the City Manager on those visits to expend $480 to allow the Caty to
become a member of Sister Cities International and to take any other actaons necessary to lnltmte
a Denton Sister Catles Program That all actmns previously taken by members of the City
Manger's staff to anatlate the Denton Sister Crees Program are hereby ratffied and approved
SECTION 2 That the City Manager is anthonzed to make the expendatures set forth
herean
SECTION 3 That thas ordmance shall become effective immediately upon ats passage
and approval
4
PASSED AND APPROVED this the day of ., 2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AGENDA INFORMATION SHEET 0ate_
AGENDA DATE: December 5, 2000
DEPARTMENT: EngLneertng & Transportation
DCM David Hill, Assistant City Manager/Development Services
SUBJECT
Receive a report, hold a discussion, and gave staff direction regarding an update of the City of
Denton Transportation Program
BACKGROUND
The Transportation Program Update (provided as a separate notebook) describes several projects
m various stages of planmng, design, funding, or construction Staff has on several occasions
been asked to provide information on one or more of these projects, and decided to compile a
hstmg of reformation for Council, city departments, other governmental agencies, and the pubhc
Several transportation issues not mentioned m the Update include
1 Congestaon Mit~gation Air Quality (CMAQ) Funds (Attachment #1)
The North Central Texas Council of Governments (NCTCOG) has asked the City of
Denton to submit information regarding the status of CMAQ funds awarded for mr
quality improvements Most of the funds are being used as intended, but some
funding should be redirected as mdmated below If supported by Council, staff wall
confirm staff s recommendations to NCTCOG
a Loop 288 / Kings Row Intersection Staff recommends transferring $199,600
from the Loop 288 / K~ngs Row intersection, which ts an "at-grade"
intersection, to be used for the proposed Loop 288 / Windsor Drive grade-
separated intersection The Loop 288 / Kings Row intersection as proposed to
be closed when the new Windsor Drive interchange as built
b lnter~ectlon Improvements at Loop 288 / US 380 ($55,000)~ Umverslt¥ Drive
/ Bonnie Brae, Malone, Carroll, and Fulton ($170,200), and US 377 / IH 35E
($55,000) A total of $280,200 is avmlable since the lntersecuon
improvements identified above are being funded using different projects
funds Staffrecommends using the funding for the IH-35E Ramp Reversal
project
2 Status of Supplemental "4C STP-MM" Projects (Attachment #2)
A category of funding provided for Surface Transportation Projects is not
mentioned an the Umfied Transportation Program developed by Austin TXDOT,
and as important to Denton Staff is currently working with NCTCOG staff to
determine the status of funding primarily for FM 426 (McKmney from Woodrow
to Tnmty) and US 380 (IH 35 to US 77) Staff has not yet heard from NCTCOG
staff regarding the funding status of these projects
3 Regional Speed L~mit Reductions (Attachment #3)
As part of the State Implementation Plan (SIP) for air quality, draft speed limit
reductions may be ~mplemented to reduce ozone pollution The roadways
affected have are listed by NCTCOG, and the portion affecting Denton County,
along w~th a regional map, have been provided for Council as an informational
item As part of the demonstration of attainment of mr quality objectives, the
draft speed hnnt reduction measures have been submitted to the US
Environmental Protection Agency for review
4 CIP Funding Pohcy Issues
The status of four Capxtal Improvement Program projects are subject to pohcy
demsxons that may have to be addressed by Counml tn the near future These
projects include
a Western Boulevard ($800,000) Funding for this project, which is intended to
connect Airport Road w~th US 380, has been reserved for more than two
years City participation is hnnted to parhal construction funding ffthe
property for the road ts made available If the right-of-way (ROW) needed to
accommodate the project cannot be secured, an alternative ahgnment for this
roadway may have to be pursued
b IH-35W / US 377 Connector ($1 9 mllhon) Funding for this project ts
intended to support construction of two lanes from IH-35W (at the Ponder
exit) to US 377, across the Vintage Planned Development The city agreed to
provide construction funding If the ROW is secured Some property outside
the control of the Vintage developer has not been acquired, and if the project
doesn't show progress in the near future, the funds may need to be reallocated
c Loop 288 Extension ($1 million) The city and county agreed to form a
partnership to fund planning and design of the Loop 288 Extension project,
intended to extend Loop 288 from IH-35 in a western route around the Denton
Airport, and connecting to IH-35W The funding for this project ~s not needed
unlal 2005, if the city's bond program is accelerated and terminates in fiscal
year 2001-02, this funding could be used more advantageously in the near
future on another project, and the Loop 288 Extension could be reestabhshed
in a subsequent bond program
d Hickory Creek Road ($2 2 million, $700,000 - c~ty and $1 5 mflhon - county)
This project intends to expand Hickory Creek Road from FM 2181 (Teasley
Lane) to FM 1830 (Country Club Road) from a 2-lane to a 4-lane urban
arterial road Preliminary engineering assessments have indicated that some
segments of the emstmg roadway alignment are as much as 11 feet below
Base Flood Elevation Slgmficant filhng of the floodplain would be necessary
to construct the project, and the project cost would exceed the existing budget
Staff proposes to explore alternative alignments that would mnnmtze
disturbance to the H~ckory Creek floodplain, and would also result in a lower
project cost County representatives are willing to work with the city to
explore the alignment alternatives In the meantime, staff intends to address
the railroad safety crossing needs on Hickory Creek Road
OPTIONS
Th~s ~s the first attempt to compile a comprehensive hstlng of acttve transportation projects If
the mformatton could be more useful m a dtfferent format, or ~f ~nformaUon ts mtsstng that
would be valuable, staff wall make changes accordingly
RECOMMENDATION
Staff recommends updating the Transportation Program quarterly, and intends to use the
reformation to track CIP progress Potenttal postmg on the c~ty's webs~te ~s also being
considered Recommendations regarding specific ~ssue$ hsted m the staff report are dmeussed
above
PRIOR ACTION/REVIEW
Many d~fferent projects have been discussed by Council m the past Thru ~s the first
comprehenstve hstmg eomptled by staff
FISCAL INFORMATION
F~scal mformaUon ts hsted tn each project descnpUon
ATTACHMENTS
Attachment #1 CMAQ Funthng Information
Attachment #2 "4C STP-MM" Information
Attachment #3 Regtonal Speed L~mxt Reductions Informatmn
Provided m Separate Notebook C~ty of Denton Transportation Program Update
~e.~fully submgted
Engineering &Transportatton
Engineering
Trane~portatlon
ClTYNAIL WEST* 221N ELM DENTON, TEXAS 76201
(940) 349-8358 FAX (940) 349-8376 * ENOI~Vt~I~iNO/TRANSPORTATIO~V
October 27, 2000
Michael Moms, P E.
D~rector of Transportation
North Central Texas Council of Governments
618 Six Flags Drive, Centerpomt Two
P O Box 5888
Arlington, TX 76005-5888
Dear Mr Moms,
Attached are the project reports as requested We have made slgraficant progress on most, yet a
few have not advanced We would like your consideraUon of reallocation of those fund to two
projects submitted m the 1999 Call for Projects The first project is the IH 35E and Loop 288
Freeway Bottleneck Removal(We call it the Ramp Reversal Project) The second ~s the proposed
interchange on Loop 288 at Windsor replacing the at grade mtersectlon at Kings Row The
purpose of the latter project is to convert Loop 288 to controlled access between IH 35 and US
380 These request are consistent wath the Denton Mobility Plan you have on file
We have held recent (October 5,2000) ~hseussions on the IH 35E ramp reversals(bottleneck
removal) wath Dan Lamars, Dan Rocha, and LaDonna Smith who were all very helpful The
preliminary chscussaons on the ramp reversals go back to September of 1998 when Caty of
Denton Staffmet wath TXDOT Dallas, TXDOT -Denton and Dan Lamars-NCTCOG to get the
project started Detmled contract related meetings were held wath TXDOT m 1999 but a contract
has not yet been signed We are working wath Mr Elsom to develop the LPAFA on the project
and to get a CSJ The exlsUng 1960's ramps are unsafe and were not designed to optimize the
access to tfus eommermal/retafl area We have a Farm cremate for the project now which totals
$11 932 Mflhon The project needs to be phased wath the lower sectmn between State School
and Loop 288 going first smee that section seems to not have environmental mapacts
Loop 288 was officially designated as the US 380 truck route through Denton m June of 2000
Smce Denton has such as h~gh percentage of truck traffic, 20% and up, lntenmxtng trucks wath
passenger cars has resulted in slgraficant safety issues and reductions in capamty Converting
Loop 288 to controlled access will be complete when the Kings Row at grade erossmg is
replaced by the Windsor interchange We have already closed the median cut at Stuart and at the
old TI plant and those connecttons at Stuart wall be ehm~nated when the east/west roads are
upgraded m the near future
93
"Dedicated to QualtO~ Servtce'
www. ciO~ofdenton, com
IVhehael Moms, Director of Transportation
10-27-00
Page 2
The sheets describe our preferences ffallowed under the program gu~dehnes After your review,
we would be open to other opttons Our C~ty Council will be briefed on November 14, 2000
Any new ,or additional reformation will be forwarded to you after the meeting Thanks for your
consideration
Sincerely,
D~rector of Eng~neenng and Transportation
94
NCTCOG PROJECT STATUS REVIEW
I1 IGENERAL INFORMATION I
Project Code 4090 0000 I CSJ 1225002012 District )ALLAS
Location LOOP 288 City )ENTON
From AT KINGS ROW Agency DENTON
To Description INTERSECTION IMPROVEMENT
Comment f
Total Project Cost
Includes PE, ROW, Construction
Federal I $126,000 [ Federal Funds Prigrammed BY Year
State $31,600 FY 2000 $126,000 FY 2003 $0
Local $42,000 FY 2001 $0 FY 2004 $0
Total $199,600 FY 2002 $0 FY 2005 $0
~ Obhgated $0 Fund,ng Category ICMAQ
PROJECT DEVELOPMENT ~ RIGHT-OF-WAY PHASE
ADVANCED
Has agreement w~th TxDOT been I Is ROW needed? (Y/N)
s~gned9 (Y/N) I ¥ N
What agency ~s responsible for
Date of agreement ROW acqulslbon'~
(mm/dd/yy) 10- 06 -9 7
What ~s the total number of
Has consultabon with TxDOT for parcels that need to be acquired';
project development begun? (Y/N) ¥
What number has been
Has project been cleared
env~ronmentally~ (Y/N) N acquired to date?
What was the date of clearance? What ~s the date of F~nal ROW
(mm/dd/yy) acquisition?* (mm/dd/yy)
Percent of PS/E complete? 25% Have plans been sent to ubhty
Has PS/E been through TxDOT company0es)? (Y/N)
rewew? (Y/N) By TXDOT
Are ubhty adjustments needed?
~.j CONSTRUCTION PHASE
Estimated Contract Let Date (mm/yy) ~ ~t date were utd~ty
I
adjustments completed?*
Estimated Complebon Date (mm/w) 'nm/dd/yy)
' date has not occurred, please estimate the
date this item will take place
[]Please indicate below if there is any more information about the project that has not been adG~essed above
TXDOT has not advanced project per agreement City wishes to move funds to proposed
Loop 288/Wxndsor Interchange for P.S.&E. fund[n~
9/21/00 Report completed by Jerry Clark
Please print
98
NCTCOG PROJECT STATUS REVIEW
I1 IGENERAL INFORMATION I
Project Code 4092 0000 I CSJ 1225001900 District ,DALLAS
Location LOOP 288 City )ENTON
From ~,T US 380 Agency DENTON
To Description TRAFFIC SIGNAL IMPROVEMENT
Comment
Total Project Cost
includes PE, ROW, Construction
$35,200 Federal Funds Programmed By Year
Local $11,000 FY 2001 $0 FY 2004 / $0
Total $55,000 FY 2002 $0 FY 2005 / $0
Obligated $0 Funding Category ICMAQ
PROJECT DEVELOPMENT ~ RIGHT-OF-WAY PHASE
ADVANCED
Has agreement w~th,TxDOT been No Contract Is ROW needed'~ (Y/N)
signed? (Y/N) TXDOT-Dal las
What agency ~s responsible for
Date of agreement was to handle ROW acqu~mbon?
(mm/dd/yy) rJ. th US 380
What ~s the total number of
Has consultation w~th TxDOT for ."rom US 377 parcels that need to be acquired?
project development begun? (Y/N) to Loop 288
Has project been cleared >roject What number has been
enwronmentally? (Y/N) acquired to date?
What was the date of clearance? What ~s the date of F~nal ROW
(mm/dd/yy) acquisition?* (mm/dd/yy)
Percent of PS/E complete'~ Have plans been sent to ubhty
Has PS/E been through TxDOT companyOes)? (Y/N)
review? (Y/N) Are utility adjustments needed?
5J cONSTRUCTION PHASE (Y/N)
Estimated Contract Let Date (mm/yy) I What date were utlhty
I
adJustments completed?*
Estimated Completion Date (mm/yy) ~ (mm/dd/yy)
[
* If date has not occurred, please estimate the
expected date this item will take place
~]Please indicate below if there Is any more information about the, project that has not been addressed above
Ore,nelly was ~o be metered ramp s~gnal to address unsafe merge US 380 EB to Loop 288 SB
Melanle Young-~XDOT Traffic Engxneer (Dallas) Sept. 2000 ruled not needed due to Loop 288
(Proposed) des%gn - 2003 start W[sh to move to IH-35E Ramp Reversal Project
9/21/00 Report completed by Jerr~ Clark
Please print
97
NCTCOG PROJECT STATUS REVIEW
I1 IGENERAL INFORMATION I
Project Code 4088 0000 I CSJ 1013409054 District DALLAS
Location US 380 City DENTON
From ~,T MALONE, BONNIE BRAE, Agency DENTON
To 3ARROLL, & FULTON Description NTERSECTION IMPROVEMENT
Comment [4)
(includes PE ROW, Constructlor
Federal $101,000 Federal Funds Programmed By Year
Local $44,000 FY 2001 $0 FY 2004 $0
Total $170,200 FY 2002 $0 FY 2005 $0
Obligated $0 Funding Category ICMAQ I
ADVANCED PROJECT DEVELOPMENT ~i
RIGHT-OF-WAY
PHASE
Has agreement with TxDOT been Is ROW needed? (Y/N)
s~gned? (Y/N) Y
What agency ~s responsible for
Date of agreement ROW acqu~s~bon?
'nm/dd/yy) 10-6-97
What ~s the total number of
)n w~th TxDOT for )arcels that need to be acquired9
project development begun? (Y/N) ¥
Has project been cleared What number has been
acquired to date~
he date of clearance? What ~s the date of Final ROW
mmlddlyy) 3 - 16 -00 acq u~s~bon?* (mmlddlyy)
,f PS/E complete? Have plans been sent to ubl~ty
las PS/E been through TxDOT company0es)? (Y/N)
review? (Y/N) Are utility adjustments needed~
CC , (Y/N)
Esbmated Contract Let Date (mm/yy) What date were ubl~ty
adjustments completed?*
Estimated Complebon Date (mm/w) (mm/dd/yy)
* If date has not occurred, please estimate the
expected date th~s item will take place
~]Please indicate below if there Is any more information about the project that has not been addressed above
We sent 3-27-98 reply to TXDOT okaying schematics Pro3ect d~d not advance - We w~sh
to move funds to IH-35E Ramp Reversal Project.
9121100 Report completed by Jerry Clark
Please print
NCTCOG PROJECT STATUS REVIEW
I1 IGENERAL INFORMATION I
Project Code 4085 0b00 I CSJ 1008104032 D~strlct DALLAS
Location JS 377 City DENTON
From AT IH 35E Agency DENTON
To Description INTERSECTION IMPROVEMENT
Comment
Cost
(includes PE ROW, Constructlor
Federal $24,000 Federal Funds Programmed By Year
Local $25,000 FY 2001 $0 FY 20041 $0
Total $55,000 FY 2002 $0 FY 2005 J $0
Obhgated $0 Funding Category ICMAQ
PROJECT DEVELOPMENT 4~ RIGHT-OF-WAY PHASE
ADVANCED
Has agreement w~th TxDOT been N Is ROW needed? (Y/N)
mgned?(Y/N) ee below ~ee Below
What agency ~s responsible for
Date of agreement ROW acquisition?
(mm/dd/yy)
What ~s the total number of
Has consultation w~th TxDOT for parcels that need to be acqu~redq
project development begun? (Y/N)
Has project been cleared What number has been
environmentally? (Y/N) acquired to date~
What was the date of clearance? What ~s the date of Final ROW
(mm/dd/yy) acqu~s~bon?* (mm/dd/yy)
Percent of PS/E complete? Have plans been sent to utrhty
Has PS/E been through TxDOT company0es)? (Y/N)
review? (Y/N) Are ubhty adjustments needed9
i (Y/N)
5~ CONSTRUCTION PHASE
~-sbmated Contract Let Date (mm/yy) I What date were ut~hty
adjustments completed?*
Estimated Complebon Date (mm/w) I (mm/dd/yy)
' If date has not occurred, please estimate the
expected date this Item will take place
~Please indicate below if there is any more information about the project that has not been addressed above
TXDOT added this to IH-3§E/US 377 Bridge Pro3ect Can we move comm~ttments to IH-35
Ramp Reversal ?ro3ect?
9121/00 Report completed by Jerry Clark
Please print
101
CITY HALI WEST* 221 N ELM DENTON, TEXAS 76201
(940) 349 8358 FAX (940) 34948376 · ENGINEERING/'rRANSPORTA TION
November 7, 2000
Dan Rocha
Pnnmpal Transportation Planner
North Central Texas Council of Governments
P O Box 5888
Arlmgton, TX 76005-5888
Dear Mr Rocha,
Re Supplemental Category 4C STP-MM ProJects
Attached is a copy of proJect hstmgs Highlighted are two projects that the City of Denton
considers crucial
The Unified Transportation Plan and other primary documents do not list these projects What is
the funding as determined by NCTCOG9 Could you let me know the status of these projects by
December 1st, 2000
Thank you for your prompt attention to this mqmry
Regards,
xc Dawd Hill
"Dedicated to Quahty Service"
www. cltyofdenton, com
I~bl'bi~bN(.b I I bIVI b I
RTC Handout
October 12~ 2000
STATE IMPLEMENTATION PLAN
Speed Limit Reduction Strategy
For
North Central Texas
Comments
Segment ID
COLLIN COUNTY questmn and 65 mph N of Tnn~y M~lls Segment # 205 was added to
205 (added) DNT The speed limit on the Dallss North Tollway was' a NTTA confirmed that the DNT was 55 mph S of Tnntty M~lls
show a need for a speed limit reduction
55 (adJusted) SH 121 Hwy 121 in Piano area between 289 and Custer is TxDOT Roadway index shows 70 mph from Denton County
not 70 mph 70Linempht° USfrom75CusterIt wasRdconfirmedto US 75that SH 121 has a speed of
PGBT · Bush Turnpike (PGBT) Segment was added to identify the road as one that neede a
leeds to be Identified as 65 mph 3eed limit reduction
21 t PGBT e Bush Tump;ke (PGBT) Segment was added to ~dent~ the road as one that needs a
iden~ed as 65 m speed limit reduction
61 (deleted) US 380 Staff Review It was confirmed that the speed limit was less than 65 mph
herefore the segment was deleted
(deleted) US 380 Staff Review It was confirmed that the speed limit was less than 65 mph
Therefore the segment was deleted
63 (deleted) was confirmed that the speed I~mit was less than 65 mph
210 · President George Bush Turnpike ( Segment was added to ~dentJfy the road as one that needs a
needs to hmit reduccton
212 PGBT 3 Bush Turnpike (PGBT) Segment was added to identify the road as one that needs a
)e Identified aa 65 ~it reduction
84 (adJusted) SH 114 Staff Review TxDOT Roadway Index shows 70 mph from the Wtse County
Line to the Tarrant County L~ne It was confirmed that the
speed hmit was less than 65 mph from IH35W east to the
Tarrant County L~ne
87 (deleted) US 377 Staff Review TXDOT Roadway Index shows 70 mph from US 380 north to
the Denton County L;ne It was confirmed that US 377 north
of US 380 has a speed of 60 mph Therefore this segment
was deleted (control-section 81-6, mp to mp 14 255 to 0 000
miles 14 3)
;18 (adjusted) US 380 H~ghway 380 ~n Denton City limits is under 65 mph TxDOT Roadway Index shows a speed hmit of 70 mph through
the city of Denton It was confirmed that the speed limit was
less than 65 mph through the city of Denton Therefore
segments # 88 and 89 were reduced from the c~ center to
the east and west c~y I~mits
59 (adjusted) US 380 Highway 380 In Denton City limits is under 65 mph TxDOT Roadway Index shows a speed limit of 70 mph througl'
the cffy of Denton It was confirmed that the speed limit was
less than 65 mph through the city of Denton Therefore
segments # 88 and 89 were reduced from the cr[y center to
the east and west city limits
91 (adjusted) FM 428 ;M 428 from the north east comer of Denton, xDOT Roadway Index shows a speed of 65 mph from US 77
nslde the city I~m~ is under 55 mph ) FM 3524 It was confirmed that the speed I~mit was less
Jan 65 mph from US 77 to Denton C~ L~m~s
Updated 10/12/00 Page I
STATE IMPLEMENTATION PLAN
Speed Limit Reduction Strategy
For
North Central Texas
Comments
Segment ID Faoliity Comments Update
refer to map)
35 (adjusted) SH 121 -BH 121 Business from Juncbon of SH 121 TxDOT Roadway Index shows the speed of 70 mph from the
MAPSCO 1M) to Corporate (MAPSCO 651W) is Dallas County L~ne to the Coihn County Line It was confirmed
55 that the speed lim~ between IH35E east to the junction of SH
-SH121 from Main Street (MAPSCO 554W) to 121 and SH 121 Bus~nsss ~s 65 mph
SH 121 Bus Junction (MAPSCO 653B) ~s 55
-SH121 from Junction of SH 121 Bus to iH 35E
MAPSCO 1B-E) is 65
-SH121 from IH 35E to Junction of SH 121
Business (MAPSCO 1 M) is 55
-SH 121 Bus,ness from Corporate to FM 1171
MAPSCO 651G) is 45
-SH 121 Business from FM 1171 to Jundaon of
SH 121 (MAPSCO 653B) is 55
FM 407 The Town of Copper Canyon is intersected in According to the map there are no roads in the Copper
speed limits affecting FM 407 Canyon area with speed llm~s above 65 mph
207 PGBT The President George Bush Turnptke (PGBT) Segment was added to identify the road as one that needs a
needs to be identified as 65 mph speed limit reduction
JOHNSON CpUNTY
48 (deleted) SH 81 Staff Review TxDOT Roadway index shows the speed I~mit through
Grandview at 70 mph it was confirmed that the speed was
less than 65 mph, therefore this segment was deleted (control-
section 14-4, mp to mp 0 000 to 2 894, miles 2 9)
200 (added) SH171 Staff Review TxDOT Roadway index did not show the speed on th~s road at
65mph It wss confirmed that Segment ID # 39 needed to be
~xtended Therefore segment # 200 ~nd~catss the extension ol
he 65 mph speed I~mit to 2 miles S of Cleburne CRy L;mrts
201 (added) FM 4 Staff Review TxDOT Roadway index did not show the speed on this road at
~5mph tt was confirmed that a 65 mph speed I~mit ~s in
effect Theratore th~s segment wss added
202 (added) FM 3136 Staff Review TxDOT Roadway Index d~d not show the speed on this road at
.~5 mph It wes confirmed that a 65 mph speed Iim~ ~s in
effect Therefors this segment was added
203 (added) IH35W Staff Review TxDOT Roadway Index did not show the speed on this road at
?0mph it was confirmed that a 70 mph speed I~m~ is in
effect Thersfore th~s se~[iment was added
PARKER CqUNTY
33 (deleted) FM51 Staff Review TxDOT Roadway Index shows a speed limit of 65 mph through'
the c~ty of Sprlngtown It was confirmed that a speed I~m~ of
70 mph did not occur through the cRy Therefors the segment
was deleted (control-section 313-2 mp to mp 3 716 to17 163,
miles 3 4)
~.04 (added) FM 51 Staff Review TxDOT Roadway index d~d not show the speed on th~s road at
65mph It was confirmed that Segment ID # 32 needed to be
extended Therefore segment # 204 indicates the extension of
the affected road
TARRANT COUNTY
I IH ~0 The speed limit should be 70 mph from SH360 to lan update has not yet been applied
Tsrrant County Line
Updated 10112100 Page 2
106
Agenda Item.J~li,v.2C,~ ~
Date_ 7'~- '~ ' ~
AGENDA INFORMATION SHEET
/
AGEND~ DATE: December 5, 2000
DEPART~IENT: Engineering & Transportation
DCM' I David Hill, Assistant City Manager/Development Services
svB cl
Receive aireport, hold a chscusslon and give staff dlr~ctaon regarding Traffic Impact Analysis
Cnterm
BACKG,OUND
Three issues have been raised with respect to the Traffic Impact Analysis (TIA) criteria used by
city staff to evaluate development proposals
1 The City of Denton has been operating with a ngal standard for Level of Service (LOS)
which is defined as LOS "C" Denton's growth as an urban area suggests that this
standard be reevaluated to consider whether thelacceptable level of service should be
changed to LOS 'D This has been discussed l~revlously in great detail as part of the
Teaaley Lane Comdor Study The velucl¢ trip r~umbers proposed for different LOS
thresholds are provided as Attachment #1 The standards were developed by the Texas
D~partment of Transportation (TXDOT) and th~ North Central Texas Council of
Governments (NCTCOG)
2 D~ft language is suggested that requires that alI developments pay for or install their
prbportional share of roadway improvements based on their proportional impact
compared with the total expected build out traffic versus the current standard that allows
th~ first developers in an area to use up the fi.eel(existing) capacity
3 Tl~e threshold for reqmnng a Traffic Impact Analysis The current standard included in
th~ Interim Zomng Regulations is 1000 vehmle~ per day (vpd), which is consistent vath a
n~t~onal standard The previous standard was 1~00 vebacles per day A table has been
provided (Attachment #2) that defines example~ of what size of developments that would
m~et the threshold and the size where the TIA Would apply
Staff suggests the following requirements
A. Street capacity.
(1 All developments shall provide for thOSe streets, including internal streets, the
in provement of existing and new adjacent struts, the improvement of existing and new
ot tslte streets and rights-of-ways to the stan.dards listed in the Transportation Criteria
Manual or if necessary in excess of those standards if the increased traffic to be generated
b] the property at full development" would,create less than a level of service D as
1
defined m the Transportation Criteria Manual Offsite street improvements are to be
provided to the extent that the effects of additional traffic created by the
development will be mitigated and not absorb existing street capacity on a first
come first serve bas~s. A comparison table is provided in Attachment #3
B Perimeter streets.
(1) Whenever existing streets adjacent to or within a tract are of inadequate w~dth,
additional right-of-way in accordance with the Transportation Criteria Manual shall be
provided at the time of subdivision All means of access to a subdivision shall be from
existing streets fully improved to City of Denton standards, and which have the capacity
to carry all anticipated traffic from the development in accordance w~th the
Transportation Criteria Manual or an approved Traffic Impact Analysis.
C. Improvements to existing off-site streets
Developments generating less than 100 vehicles per day are not required to make
pavement improvements to offsite streets, but shall be required to participate in the
cost of any proposed signal improvements at :the nearest intersection in accordance
with the Transportation CrRerm Manual if signalization m the future is expected.
Developments expected to generate at least 100 but less than 1000 vehicle trips per
day and less than 100 vehicle tr~ps per hour at full development shall improve or
repair connecting off-site streets as necessary, to provide a safe and adequate paved
surface for the amount and type of traffic generated by the development. The off-site
street improvements or repoars need not meet the specifications for new streets, but shall
be made to a standard determined to be necessary by the city engineer to provide for the
safe movement of vehicular traffic generated by the development, pursuant to a distress
rating performed by the city engineer in accordance with the Transportation Criteria
manual Off-site street improvements shall not be required to extend beyond the nearest
exisang intersecting arterial or collector street indicated on the roadway component of the
Mobility Plan Such developments accessing lan Arterial Street shall provide right
turn lanes into each entrance and left turn lanes into each entrance that left turns
ar~ possible. In addition, such deveiopments~ shall be required to participate in the
cost of any proposed signal improvements at nearby intersections determined by the
City Engineer in accordance with the Transportation Criteria Manual if
signahzation m the future is expected.
Developments generating 1000 or more vehicle trips per day or 100 or more vehicle
trips per hour shall provide offsite street imp~'ovements as determined by the City
El~gmeer m accordance with an approved Tr9ffic Impact Analysis Offslte
maprovements may include but are not hmited to installation of turn lanes, pavement
widening, pavement reconstruction, signal construction, installation of pavement
markings, slgnage or equitable participation in the cost of any of the listed types of
improvements Such improvements shall be required to the extent that the effects of
the increased traffic the development generates will not reduce level of service of
surround~ng streets rather than allowing absorption of ex~st~ng street capac~.
OPTIONS
Councd is,asked to direct staff to determine if these recommended changes should be
~mplemented, or if a different approach should be followed
RECOMMENDATION
Staff recommends that the City Council consider these proposals for inclusion into the new
development code, or a separate ordinance implementing these changes can be prepared for
individual consideratmn
FISCAL INFORMATION
The fiscal'impact of the proposed changes will not change the cost of new roadway facilities, but
will place a more proportional burden of cost on the developments that create the need for new
or expanded roads caused by the need for addmonal traffic capacity
ATTACHMENTS
1 Example Table for TIA Thresholds
2 LOS Standards Table
3 Comparison Table Selected Cities' LOS
Respectfully submitted,
Jerry Clark, Director
Engineering & Transportataon
3
Types and Size of Developments Reqmnng a Traffic Impact Analys~s
Type of Size for 1000 S~ze for 1500 Live Comparison
Development VPD VPD
S~ngle Family 105 umts 157 umts Ryan Ranch = 275 traits
Thistle Hill =128 tm~ts
Mult~ Fam,ly 150 tm~ts 226 tm~ts Campus Student Housing = 400 tm~ts
Retafl/Commercml 20,000 Sq Ft 30,000 Sq Ft Super Wal Mart = 200,000 Sq Ft
Typical Albertson's = 50,000 to 60,000 Sq Ft
Office 90,825 Sq Ft 136,240 Sq Ft Southndge Oaks Office Park = 40,800 Sq Ft
Industrml 143,500 Sq Ft 215,200 Sq Ft Umted Copper = 575,815 Sq Ft
· VPD - Vehicles per Day
Based on Institute of Transportation Engineers average trip generation for the respecUve uses listed
RECOMMENDED MAXIMUM ADT VOLUMES BY FACILITY
AND BY LEVEL OF SERVICE
I ROADWAY I LOS E LOS F
CLASS LOS A LOS B LOS C LOS D
Urban Freeways
6~lane 66,000 72,600 79,200, 87,900 96 600 105,300
8-lane 88~000 96~800 105,600 117,200 128,800
Urban D~wded Streets
0-lane 23,500 25,700 27,900, 30,450 I 33,000 35,550
8.lane 29,400 32,150 34,900 ~ 38,450__ | 42,000 45,550
Urban Undivided Streets
4-lane 12,600 13~750 14~900 16,450 18 000 19~550
6-lane 19,800 21 ~650 23,500 25,900 28 300 30,700
Rural Freeways
4-lane [ 20,800 26,200 I 31,600 36,800 42000 47,200
6-lane 31,200 39,300 47,400 55,200 63 000 70,800
Rural D~vided H~ghways
0-lane 23,400 20~O00 29,800 36,600 43,400 50,200
Rural Und~wded H~hways
Roihng Terrain
~-Iane I 2,200 I 3,000 I 3,800 I 6,900 i 10 000 I 13,100
Level Terrmn
4-lane 9 500 11 ~250 13,000 15,300 17 000 19 900
6-lane 15,000 17,250 19,500 23,300 27 100 30,900
Page 35
AREA STREET CAPACITIES
(vehncles per day)
Str~ ' ,,, ~Coloriy ,M~ii F~tle~s Other D~ton
X~o~,: ~0a~nc~)~ ~O~:~c~) ,~ Ac~) ~OSAC~) (LOS ~)
2-1~ 50K 75K 100K 70K 1005K
Unclouded
4-1~e 17 0K 17 0K 18 0K 17 5 K 16 45 K
Und~md~
4-1~e 21 0 K 21 0 K 20 0 K 22 0 K 21 05 K
D~ded
6-1~e 31 0K 31 0K 360K 33 0K 3045 K
Dl~ded
AN EXAMPLE IN READING THIS TABLE
For a 4-lane divided street m Denton capacity values below 21,050 vehicles per day
indicate levels of service ~ thru AD-- Values above 21,050 velucles per day inchoate
levels of service AE=- and AF_--
oendalte~~
AGENDA INFORMATION SHEET Date /.~- ~- 049
AGENDA DATE: December $, 2000
DEPARTMENT: Engmeenng & Transportation
DCM David Hill, Assistant C~ Manager~evelopment Se~lCeS
SUBJECT
Receive a report, hold a discussion, and g~ve staff direction regarding the Bicycle and Pedestrian
Component of the Denton Mobility Plan
BACKGROUND
The Pedestrian and Bicycle Linkage Component of the Denton Mobility Plan was funded as part
ora contract with Carter and Burgess an September 1999 The Plan includes a written narrative
of the objectives for the future, and because th~s effort ~s relatively new, proposed routes far
outnumber existing routes The Plan's goal as to plan and build new facthties that wall ~mprove
the quality of life an Denton and add mobthty alternatives to our c~tizens by giving them
alternatives to the single occupant vehicle
Bicycle and Pedestrian Linkages are broken into 4 primary components
1 Combinatmn imkages are shown m orange, combining bicycle and pedestrian facflmes
wathm eyastmg rights-of-way TI'ns can be aceomphshed m two ways The typxcal
approach will be to use the standard 5' sidewalk and a bicycle path on the outer edge of
the roadway Another solution as to construct Class Two Trmls that are 8 feet wade that
wall support both modes of transportation
2 Pedestrmn linkages are shown m red These hnkages are the primary connections or
comdors where City of Denton should concentrate CIP funds The map does not show
all sidewalks and linkages
3 Bicycle Imkages are shown m blue and are located primarily on the perimeter of the Oty
These wall function as recreation trails where cars clearly know that bmycles wall be on
the mad wath them Secondary uses wall be as transportataon routes mto the oty for
work, shoppmg, or other destination-oriented raps
4 Greenbelt trails are shown m green watlun the floodplmns of major creeks such as
Cooper, Pecan, and Hickory Creeks and their tnbutanes These trmls have the potential
to provide wonderful recreation opportumties and also serve as ~-ansportation arteries
dunng good weather These muls are expected to ultimately become the "jewels" of the
system
Two pubhc meetings were held m conjunction wath the Parks Master Plan that also asked for c~tizen
mput on the Pedestrian and Bicycle Linkages ComponenC Specific rewew opportumtles were held at
all three bacycle shops m the area, at the OVlC Center for walkers, and at C~ty Hall West The
comments that were received are attached
Many opporttmlt~es for pubhc ~nput were prowded, including heanngs, meetings, questaons and
answer ses~mns, and pubhc d~splay of the maps mvatmg comment Most of the input was received
fi.om b~cycle interests asking for single-track chrt b~ke goals. There are many awd b~cychsts m Denton
who travel to MeKumey, Irving, Dallas, and other nearby loeataons for flus type of recreation The
second baghest level of comment received asked for "Whim Rock Lake "type troals ~n Denton
Volunteers ofb~eyele orgamzalaons typxcally construct single-track paths once land has been donated
or designated for single-track use Staff recommends that CIP funds be at least partially chreeted to
these opportumt~es Finally, many asked that safe paths be developed across major tughways hke US
380, Carroll Boulevard, US 377, and other thoroughfares to encourage bacychsts and pedestrians to
acuvely pursue alternaUve modes oftransportauon
OPTIONS
Staff has submitted the Plan to Council for rewew and comment on December 5th Pending
comments received, staff is prepared to begin the formal review process, including pubhc
hearings before the Planning & Zonmg Commission and City Cotmcfl, with formal adoption by
Cxty Council intended m the future Revisions can be made prior to lnltmtlon of the formal
review process
RECOMMENDATION
Staff recommends approval of the Pedesman and Bicycle Linkages Component of the Denton
Mobflxty Plan The Roadway Component was approved m December 1998 The Rail and Tracking
component xs on the same work-session The Transit Component vall be coming ~n the next stx
months
PRIOR ACTION/REVIEW
The Traffi~ Safety Board recommended that the plan be forwarded to C~ty Council on August 7,
2000 Two public heanng were held at recreation centers in conjunction wtth Parks Master Plan
Drsplay of the Plan, meet~ngs/Q & A Sessions at local b~cycle shops were all part of the public
involvement process
FISCAL INFORMATION
The cost of the plan contract was $50,000, plus staff time
ATTACHMENTS
Draft Plan
Rewew Comments
Respectfully submitted
Jen'y Clark, Director
Engineering & Transportation
2
Denton Mobility Plan--Pedestrian & Bicycle
Linkages Component
Pumo~e
The purpose of the pedestnan and bicycle hnkages component of the C~ty of Denton
Mob~hty Plan is to estabhsh gmdelmes to faclhtate pedestrian mobility and the use of
non- motorized velucles
T~e Mobility Plan - Pedestrian & Bicycle Linkm3es
There is recosmtton by many that more attentton should be p~ud to b~ke and pedestrian
facfl~ttes w~thn our commumty Much attentton has~been prod m the past to ensunng the
effective movement of motorized vehcles, however, there has been slgmficant ~nput by
vanous m&wduals and groups cfa need for better coordination and ~mplementat~on of
non-motorized mobd~ty to meet the various heads of our commumty The opportumty to
develop and expand the exastmg network of on-street and off-street transportauon
alternatives vothin the c~ty ts an exciting long-range ws~on for Denton C~ty leaders
reco/~lze that transportation plmmln~ includes addressing the access and mobdtty needs
of pedestrians and b~cychsts to work and non-work destmat~ons such as schools,
umverstties, government centers, retad and commercial centers, offices, entertainment
venues, churches, recreational faohttes, and wthln local neighborhoods
Ttus Master Plan ~ncludes a conceptual Mob~hty Plan that vail provide 8mdance for the
development and tmplementat~on of pedestrian and bicycle hnkages w~thln the follow~nE
luerarchy Stdewalks, Bicycle &Pedestrtan Trails, Bike Routes, and Greenway
Corridors
As d~scussed m the pubhshed Denton Comprehenstve Plan, w~th supporttve land use and
transportatton pohcles, walhn8 and b~cychn8 can be,practical alternatives to dnvmg
(especlally for short trips), comnbute greatly to the qualtty and v~tahty of the street scene,
and help actueve enwronmantal goals Pedestrian and bike improvements to
mtersectwns, stdewalks, and other facdtttes can tmprove access and safety, and ere
pert~cularly unportant for cluldren, semor adults, people w~th d~sabdmes, low/moderate
~ncome c~tlzens, and people who choose to use flus mode oftransportataon Oty leaders
should emphasize CIP funds to be ut~hzed where existing land uses do not currently have
stdewalk and b~cycle hnkages New developments vnll commue to provide these systems
as a part of new private development ~mttat~ves In both res~dantaal and commeraal
envlronments
The focus ts to increase the amount of walking and b~cychng that local c~t~zens utthze for
alternate modes oftransportatmn Th~s can be aclueved by creating desirable, safe,
convement envtronments that are conduave to walking and btcyclm8 The Denton
Comprehenstve Plan has outhned several strategaes,to meet th~s goal
A Create an Urban Trml System to facilitate wallong and bicycling as viable
transportaUon choices, provide recreataonal opportumties, and link major
parks and open spaces with Denton neighborhoods
B Integrate pedestrian and bike facilities, services, and programs into both
citywide and regional transportation systems where appropriate to provide
Pedestrian amemties and weather protection,
Safe and convement pedestrian and bike access to transit stops, transit
centers and stations,
Lighting and security,
Additional improvements for persons with disahihties and special
needs,
Bflce capacity on buses, rail, and other modes of transportation,
Covered, secure bike parking at transit centers and stations
C Recogmze the importance of walking in the city and the contnbution
walking makes to achieve personal mobihty and environmental objectives
Enhance the pedestrian environment throughout the city
D Through implementation of the comprehensive plan and/or neighborhood
planning, designate Key Pedestrian Streets within the highest-density
po~ons of urban centers and neighborhood centers Design and operate
the streets to be safe and attractive for pedestnans, improve access to
transit, encourage street-level actiwty, and facilitate social interaction
Integrate pedestrian faclhties into street unprovements on these streets
E Accelerate the improvement of exastmg pedestnan facilities and develop
and maintmn new facilities throughout the city Increase pedestnan
activity, enhance pedestrian safety, and promote a pleasant walkang
environment, with special consideration to pedestrian facilities including
recommended school walling routes, access to transit, access for people
with d~sabflmes, and access to and withtn urban center and neighborhood
center environments
F Provide and maintain d~rect, continuous bicycle routes, and make all
appropriate streets bicycle-fnendly Accelerate development of bike
facflmes in, around and between nuxed-use centers, neighborhood centers,
and other key locations Facilitate bicychng, where appropriate, by
techmques such as providing separate trails or bicycle lanes
The Mobility Plan included hereto addresses a hierarchy of potential transportation routes
acrosslthe overall city The proposed mobdity network includes four modes of non-
motorized transportation Sidewalks for pedestrian connections along streets, B~cycle and
Pedestrian Trails for connections to major destinations, Bike Routes for sigmficant
7
bicycling activities, and Greenway Corndors along existing drainage ways to serve a
wide range of trail users
Sidewalks
The sidewalk system represents the most basic off-street transportation network w~thin
the City and should be readily avmlable along c~ty streets and throughout neighborhoods
Sidewalks separate pedestrians from the roadway and prowde safe places for children to
play Sidewalks may be instrumental m reducing the number of pedestrian accidents by
keeping pedestrians away from moving vehicles Street furmshings, signs, utdity poles,
mailboxes, and other objects need to be considered so that pedestrian movement Is not
impeded The sidewalk is the pnmary dewce used for the conveyance of pedestnans and
wheelchairs
Although Texas law recogmzes bicycles as vehicles, it is understood that the sidewalk
may be used by bicyclists when designed as a Class II Trail The walkable path of any
new sidewalk shall be located away from the main lanes of traffic, preferably more than
three feet and typically w~thin a foot of the property hne Ex,sim8 vegetation, steep
slopes, drainage crossings and other impednnents must be transitioned around Such
transitions should be gradual- a pedestrian or wheelchair should not have to make a turn
of more than 20 degrees to stay on path Walk-able paths shall be five feet in vadth and
be made of hard surfaced matenals such as concrete, masonry, or other concrete block
material All walk.able paths shall follow the most recent ADA standards and Texas
Accessibdity Standards
Please note that the above paragraph addresses the walk-able path and not the sidewalk
proper It is understood that there may be instances where it is desirable to have a paved
pedestrian area sigmficantly greater m s~ze than the utditarian needs that a walk-able path
requires Such areas would mchide the typical downtown street setting, pedestrian
pavdions, and mass transit stops In these areas, the walk-able path should be defined by
the absence of obstructions - newspaper stands, furniture, signs, planters, trees wells,
artwork and other features proposed should be clear of the walk-able path These
features may occupy other parts of the paved areas
The s~dewalk network ~s the prtmary system of pedestrian movement and thus should be
g~ven priority consideration in funchng and development A review of sidewalks along
arterials and collectors and m the wcrmty of schools, parks, and ne~ghburhood centers
should occur to estabhsh funding priont~es D~sconnected sidewalk sections m fully
developed areas should be connected to ensure a continuous path Development wall be
expected to install sidewalk in accordance w~th erasting practice and mochfied w~th the
development code
An addmonal pnonty area would be to connect trads, and parks to other city parks and
recreational facilities throughout the commumty
Bicycle and Pedestrian Trails
Bicycle and Pedestnan Trads can provide dual semce for both types of non-motonzed
transportation Many bicyclists, skaters and scooter users, and other non-motonzed
forms of transportation are an at~erthought in many street and sidewalk designs The
establishment ora trml system in conjunction w~th bicycle lanes and sidewalk linkages
wdl prowde for an effective alternate for short tnps, commutes to school and work, and
recreational tnps
The bike and pedestrian trail system shall be estabhshed for both utdltanan and
recreational purposes These trails shall be eight feet m w~dth vathout obstructions
Trails should link to other b~ke and pedestnan modes to serve as a condmt for those using
the trail for transportation as well as to encourage use of the trails by those who use non-
motonzed transportation as recreation Such trails may be placed in street right-of-way,
but may also occupy non-street areas such as parks and designated off-street right-of-
way Smular to sidewalks, the trail should be placed away from the back of curb, three
feet or,more is preferable The trail shall be designed to accommodate long d~stance bike
ndmg safely Any proposed trml, and any funding for a proposed trail, should take into
account the need to modify cresting driveways so that the trail may be used for Its
intended use ADA and Texas Accessibthty Standards shall be followed
Trails shall connect major activity concentration points m the city such as the two
umversittes, downtown, parks, shopping &stncts and employment centers Trails
through emstmg developed areas should consider the restnctions of the erdsting right of
way and not be forced into m_sufficient right-of-way Additional right-of-way should be
acqtared rf there is insufficient nght-of-way to accommodate a trail Trails shall also be
the device utfl~ed witlun the greenway comdors
Bike Routes
Bike routes should be established and hnked w~th bike trails to encourage the use of
bicycles and to provide continuous paths between residential, recreational, employment,
and shopping areas oftbe city Bike routes shall generally be considered on collector
streets and other streets where the average speed of the traffic does not exceed 40 males
an hour Routes may be designated by signs and by pavement markings and should be
clear of fixed obstructions, utihty covers, and drainage devices When considenng a b~ke
route, consideration should be paid to those routes where on-street parking and dnve
approaches are nnnmuzed Routes shall also be considered along paths parallel to heavy
traveled arterials and m the outside lanes when designated m order to encourage
bicycling as a primary means of transportation Routes shall be m the direction of
motorized traffic only and not against the flow of traffic
Bike routes can be provided votban either an on-street network or off-street network The
Institute of Transportation Engineers states in its pubhcat~on "The Traffic Safety
Toolbox" that "Bicyclists make up 1-3% of the commuter trips m most American cities
B~cycling itself is bigger There are 96 malhon blcychsts, and 27 5 nulhon of them nde
regularly"
Route Plunmng
The Pedestrian and B~cyle Linkages Component of the Denton Mobflrty Plan shows a
network of sidewalks, traRs, and bike routes that should be considered within the aty
Tlus should not be seen as a final design New developments should consider paths ~n
the design of the development to connect to the proposed paths as well as facilitate
~ntemal movement and movement towards the faahties proposed Staff should consider
compleong routes and links when rehabilitating or addmg to emstmg streets and
sidewalks
Funding
Cost estmmtes prepared for the CIP, CDBG or other sources of pubhc funding should
consider those obstacles that may prevent the completion of such facilities including
drainages, retaining walls, raring, bridges, pavement marhngs, vegetation removal and
right-of-way/easement acqmsmon
The Mobility Plan proposes a series of designated bike routes that will prowde a network
across an extended region of Denton Some of these priority areas include prov~dmg bike
routes fi.om the UNT campus and TWU campus to the vanous population centers that
conmbute students, staff, and other people to these 0ampuses Another pnonty wdl be to
pro~de bike routes that connect the major parks wittnn the city Eventually, the b~ke
routes Ishould also integrate into the proposed greenway comdors along the creeks and
drmnage ways
Greenway Comdors
One of the most visionary aspects of the Mobility Plan is to create a series of greenway
comdors alon~ the major dr/unage ways in Denton These greenway comdors will offer
a very lexcltmg chversity of recreational actiwties withn a natural setting and can be used
for transportation connections for commuters also Such acWnties rmght include
walkmg/jog~mg/equestrtan traRs, nature traRs, interpretive areas, bird watclung,
picmchng, and s~ghtseemg These ~reenways will need to be carefully coordinated wtth
other city functions such as en~meenng, drmnase, and traffic to ensure that a hohst~c
approach is taken in planmng any nnprovements with the drainage comdor It will also
be important to mamtmn a wade enou//h corndor to ensure the natural environment is not
impacted by potential development acttvmes
Several creek comdors have been ldentffied with the Mobdity Plan as potential
greenways to serve as part of a long-range, non-motorized transportation network These
include Cooper Creek to the north, Pecan Creek m the central portion of Denton, and
I-hcko~y Creek m the southern pomon of Denton Each ofthese areas differ m natural
charaqter and amount of emstmg development, but each offer a variety of opportumties
for trad and recreational development Opportumties ernst to connect to e~stmg traRs
like tile equesman traRs operated by the Cross Timbers Group around Copper Canyon
and the Ray Robert Greenbelt trail that ties to US 380 operated by the CORPS(CeE)
10
Public Recommendations
Input from the pubhc was concentrated primarily m the need for bicycle trads The
number one and overwhelnung request was for single track dtrt bike trads These are low
cost and low nnpact trads cut into natural areas that allow recreatton and commumng
vath nature The Dallas OffRoad Bicycle Assocmt~on (DORBA) has comnutted through
our local pohce contact -Tom Woods to help braid these land oftrads in Denton There
are als0 potential sponsors through area b~cycle shop connections to community
assocmt~ons hke I~wams and others The second larsest request was for trads hke the
White Rock Lake Trad that actually bring Tourism dollars to that area The Rads to
Trads is the first start on that type project but more need to be implemented The
C-reenbelts m the major creeks seem to be the best locations for the multipurpose type
trads Long term these can provide access to nature walks including a large conumtted
Stoup of bird watchers who can see more species m Texas than m any other state
according to local experts Again, bird watching tours can bnng tourism to Denton m a
low impact approach that respects the natural enwronment by depending on it
Finally, the C~ty of Denton needs to become more pedestrian and b~cycle friendly to
encourage the development and use of these modes of transportation Tbas was a primary
concern expressed by all those who attended the pubhc meetings Tmungs and push
buttons at intersections vail need to have more time allocated to safe crossings and
velncles must be prohibited from tumm~ across pedestrian and b~cy¢le movements when
they hsve protected phases
Rgfer to ~tt~¢bment #1~Denton Mobility Plan-Bicycle and Pedestrian LJnkanes
Refer,to preachment #2 Come,ts from Pubhc at Meettnns and Forums
COMMENTS ON BICYCLE AND PEDESTRIAN LINKAGES PLAN
AVAILABLE FOR COMMENTS JUNE 12-JULY 31,2000
Bike-O-Rama
Name Address/Phone No, .Comments
M~cah Daboch We want tra~ls
Kyle Barbour More tra~ls
Debb~e Beyea 484-7752 Concerned about
Pedestrian/Bike
Safety issues
Joyce Ledesma 382-2809 More b~ke tra~ls
3020 C Augusta Dr 76207 BMX Parks
Path Plummer
Pete Bnga~t~s 905 Egan
Denton B~cvcle Shod
Name Address/Phone NO Comments
John Holland 3220 Shadow Tra~l Denton needs more
Denton b~ke lanes, b~ke
paths, tra~ls &
s~gns "Watch for
B~kes"
R~chard (Unreadable) 910 Bohvar Same as above
Denton
Noreen Gogg~n 3956 Overlake Dr Need for places
Denton 76210 to nde close to
Town
J~m D~ebold 1104 Chapel Dr
Denton 76205
12
AVAILABLE FOR COMMENTS JUNE 12-JULY 31,2000
Denton B~cvcle Shod con't
Name Address/Phone No Comments
Melanle Daws 207 Welhngton Oaks PI
Denton 76210
483-8489
C~ty Hall West
No Comments
Clwc Center
No Comments
AVAILABLE FOR COMMENTS AUGUST 1-7, 2000
Denton B~cycle Shop
Name Comments
Jesse Whltla Education of Drivers, local drivers don't seem
to hke b~cycles on road
Have to nde in large groups
Need to start programs w~th larger employers
hke Peterbu~lt for alternative transportation
Need access from North of town off
Greenbelt
John Holland Would hke to see an off road park
K~wams would help f~nance and coordinate
labor to build, Athens, TX has a K~wams
park
Would hke to have a b~cycle rally
Cheryl McCally Get tra~ls built
13
AVAILABLE FOR COMMENTS
June 12 - July 31, 2000
Bluebird B~cycle Need better connections at the Underpass and
Overpass at Hwy 380 between COE Greenbelt
and the tra~l to the South
August 7, 2000
Traffic Safety Committee All commissioners rewewed the mob~hty plan
and all agreed more b~ke and pedestrian
paths were needed
From Deborah Beyea
To Jerry Clark
Date 7/7/00 2 43PM
Subject' Mean Streets 2000 and pedestrian issues
I mentioned some conoerns about sldewalks to Julia Smith and she recommended that I send you an
e-mail about this so here I go
I am sure that you are both aware of the study done recently;called "Mean Streets 2000" If not, it can be
found on the website J~ I am, and have been, concerned for same bme now about
the lack of Ipedestrlan friendly' area In Denton I have sons 12 and 14 who are very energetic and are
very capable of transporting themselves on foot or by b~ke to most places they care to go (pool, library,
stores) As a consequence, I am daily faced with the nightmare of knowing that they are cresslng both
Carroll and Unlverelty on thelr blkes or on foot Neither ls at all safe for elther mode of transportet~on I
myself would consider walking to work If there was a safer means of getting here I spend at least 10 to
12 hours per week walking anyway in an area where I feel It is less likely that I will wind up on someone's
front bumper
Last year, a woman was killed on Carroll Blvd when she a~ldently fell off of the median into the path of
a small truok I see many people at West Hickory and near Sycamore streets (and other parts of Carroll)
running across as fast they can - It )s not safe to walk. yet runmng heightens the danger of falling in the
path of a car
All in all, it is lose-lose for pedestrians et most Intersections in Denton Because of the lack of pedestrian
awareness in general, even waiting for the bus is not as safe as we might expect
We should seriously consider do~ng the following
1) installing highly visible crosswalks at every major Intersection ;n town and clearly marking bus stop
areas on the street
2) downtown area should have crosswalks at intersections and where there are attractions such as
restaurants and banks (DATCU needs one aoross Mulberry - their employees and customers have to risk
their lives to get across for work or to transact bank business) This will also make the downtown area
even more attractive to visitors
3) ~nstall at least one overhead foot bridge across Carroll Blvd and also University Dr, perhaps over
Loop 288 near the Mall as well
4) at some point, widen the medians on Carroll and University
5) of courSe, address the pedestrian issue In all future streets being planned
I am sorry to be long-winded, but I have peen thinking about this for a while now Thanks for tistenmg I
w~ll be happy to help with any initiatives regarding pedestrian friendly solutions
Dabble Beyea
Fire Dept
ext 8550
CC Julia Smith
Denton Mobility Plan
Pedestrian and Bicycle Linkages Component
N Mobility Plan-Pedestrian and Bicycle Linkages Legend
W~ ~ Existing Roy Roberts Greenbelt Trail
E ===~ Existing Sidewalk Roads Floodplain
I~1
Iai IIII Proposed On Road Bike System Streams City Limits
S ~ Proposed Pedestrian Bddge ~ Schools City of Denton
Engineering & Transportation GIS Proposed Rails to mralls Conversion ~ Parks
Created 7/11/00 3000 0 3000 Feet
Revised 10/20/00
AGENDA INFORMATION SHEET Agenda Iten ~g~e.~ :_/. --
AGENDA DATE December 5, 2000
DEPARTMENT: Engineering & Transportation
DCM David Hill, Assistant City Managq~/Development Services
SUBJECT
Receive a r~port, hold a discussion, and give staff d~rection regarding the Raft and Trucking
Component o~ the Denton Mobility Plan
BACKGROUND
Railroads and Truck Routes are crucial components of the Transportation System of the City of
Denton Staffhas worked to update and expand planning documents previously defined by the Truck
Route Map This update adds many features to the compm;ent including railroads, railroad crossings
w~th signals, locations of major truck related operations, future truck routes (proposed), hazardous
waste routes, land approved industrial and commercial zoning districts This program was provided for
in the Denton Plan under "Moving Goods and Services"
OPTIONS
The intent of,s~ffls to recognize the current status of the cIty's rail and truck routes Additional
research and ~nalysm may be appropriate to supplement thl~ component of the Mobility Plan in the
future Council may either decide to officially recogmze the current extent of this component, or may
want more information before proceeding further
RECOMMI~NDATION
Pending Cotmcll direction regarding revisions to the Rml and Trucking Component of the Mobility
Plan, staff recommends proceeding through public hearlng~ before the Planning & Zoning
Commission and City Council, and eventual adoption Much of the ~nformatlon shown ~n the Rml and
Trucking Component is a compilation of existing data
PRIOR ACTION/REVIEW
This topic has been reviewed over several years by city officials on different levels This is the first
effort to include Rml and Trucking as a component of the Moblhty Plan
FISCAL INFORMATION
The Rml and iTruckmg Component was drafted by staff using existing budgeted resources
ATTACHMENTS
Draft Mobility Plan Rail and Trucking Component
Respectfjally submitted
try lad{, Director
Engineering & Transportation
Draft
City of Demon
Denton Mobility Plan
Rail and Trucking Component
Moblhty goes far beyond our lndlvldBal cars and the roads we need to get to work, school, services,
and leisure The adoption of a comprehensive mobility plan is needed to broaden the view of how
transportation affects our lives Tbas component of the Mobility Plan addresses "Moving Goods and
Services" The approved Denton Plan includes a goal to
Preserve and Improve Commercial Transportation and Access
Denton needs to achieve that goal by using the strategies adopted in the Denton Plan
Strategy One' "Designate Major Truck Routes."
This strategy Includes the need to monitor and make operational, design, access, and/or service
changes, as well as capital investments to accommodate trucks
Most goods coming to Denton come by truck using the many designated state highways that go
through Denton The existing Truck Route ordinance and map were derived from ordinances adopted
in 1966 and 1988, and amended in 1991 The Truck Route Ordinance designates streets that were
designed to accommodate trucking or that were so located that the existing businesses had to use them
to g0an access to the truck routes Section 18-53 identifies specific streets that were designated as
Truck Routes The most recent amendment by City Council in 1997 was to remove US 380 between
IH 35 and Loop 288 by reroutlng all truck traffic north to the Loop 288 Bypass, which was constructed
for that purpose Tbas route change was approved for implementation by TXDOT in June of 2000
The Proposed Rail and Trucking Component has several new criteria that are of great importance to
trucking operations On the truck route map, the existing truck routes are shown with a standard
symbol and proposed routes that are anticipated in the future are shown w~th a different symbol Thc
importance of this improvement is to allow City planners and engineers to design these roads
adequately to, carry the heavier loadings on the pavement, to accommodate wider vehicles and to
provide propqr turning radn associated with longer vehicles Such design of these facihtles would
include using! only 11' and 12' lanes, designing thicker pavements in the range of 8" to 12", and using
radii no less than 30' to accommodate the large trucks that approach 60' in length
2
The map also shows the location of major trucking destlnattons ~n Denton and proposed commercial
and industrial zomng areas to be sure that the location of the Truck Routes provides adequate service
to those areas Prowdmg the location of future track routes also helps those compames coming to
Denton complete proper due diligence studies during development process
Strategy Two: Support the movement of commercl#l goods by rail where appropriate and
promote continued operation of existing hnes.
The track route ordinance and maps did not address rml service and the important service that ~t
prowdes to the City of Denton
Th~s proposed Rml and Trucking Component includes the two major rml hnes that run through Demon
The Burhngton Northern/Southern Pacific hne runs along the western edge of Denton near IH 35 and
then branches south and east on the southern boundary of Denton The Umon Pamfic hne runs from
the northeast through the center of Denton and then southward toward Ft Worth
The third hne of the Rail Component is the Ra~ls-to-Trmls Conservatory runmng from the Umon
Pacific Station m the center of Denton toward Dallas along IH 35E Currently, a trail is being
constructed on th~s abandoned track to conserve the route for what is now ~s seen as the potentml
connection to DART and/or other eastern Metroplex transit authomles
The plan shows existing crossmgs All crossings should be evaluated for safeness and necessity of all
m~lroad crossmgs As rmlroad companies now ask for two to three cresting crossings to be closed
before anthonzmg any new crossings, it will be necessary for Denton to bargain vath unnecessary
crossings m order to gain crossings for proposed arterials as shown on the Roadway component of the
Denton Mobility Plan Those crossings that are deemed necessary, but are not s~gnallzed, should be
considered for slgnahzat~on as s~gnal~zed crossings allow safer passage across the tracks The number
of trmns routed through Denton ~s expected to ~ncrease in the ~mmedmte future
Strategy Three: Coordinate commercial transportation by rad~ trucks, and air.
Connections between modes of transportation should be supported and improved.
Multi-modal transportation Is a concept that describes the movement of goods or people using more
than one form of transportation It ~s not uncommon for goods to travel to one point to another by train
and then be transferred to truck to be hauled to ~ts final destination This concept ~s also employed in
the city's B~ke and Pedestrian plan, s~nce one of the plan's goals ~s to have the abd~ty to travel by foot
or by bike to mass transit
Specffic to the movement of commercml goods, the design of multi-modal transfer points, or nodes, is
a key to the future success of Denton's Transportation System The actual design and spemfic location
wall be a function of the potential users and private development more than by government-tmtlated
programs or funding The general locattons of these nodes will most hkely be ~n the higher intensity
areas such as downtown, particularly near the current Union Pacffic offices, ~n the mdusmal area near
the mrport and Burlington Northern lines, and m the Regional Actlwty Centers, particularly in the
vlc~mty of the southern medical complex near 35E and Loop 288 This strategy should become the
3
cornerstone for transportation elements and included m other city planning efforts, such as Small Area
Plans Development review of proJects should also address flus strategy as private projects develop
and create the demand for transportation facthties
Strategy Four: Develop a Hazardous Materials Strategy and Route Map
Hazardous Materials routes are not clearly defined in the City of Denton at this time By default, the
IH 35, IH35E, and IH 35W Corridors allow hazardous materials transport based on the North Central
Texas Cotmcfl of Governments Mobility 2025 Map for Hazardous Materials (attached) Further
definition of hazardous materials limitations may need to be explored in the future Investigation of the
types of cargo contmmng hazardous materials on the Rail Corridors may also need to be a future study
by the City of Denton Coordination vath emergency management and response agencies should be an
element of this strategy to identify the resources avmlable for mitigation of hazardous materials spills
4
Denton Mobility Plan
Ra~l & Trucking Component
Movinq Goods and Services
i t ~ 7~
,
w~ Legend
E ~ Truck Route ~ Airpor~ Future Land Use
Rails to Trails Reserve Streets ~ Industrial Centers
S {~ Railroad Crossings Ci~ Limits
Employment
Centers
....... Railroads City of Denton
3000 0 3000 Feet
Created
10/16/00
· ~ Points of Interest
ETJ
Agenda No,~
Agenda Item.
AGENDA INFORMATION SHEET Date ~/.~
AGEND~ DATE: December 5, 2000
DEPARTMENT: Engineering & Transportation
DCM' Dawd Hill, Assistant City Manager/Development Services
SUBJECT:
Receive a report, hold a thscussaon, and gave staff d~rection regarding the interpretation of
Sectaon 34!114 (5) of the Code of Ordinances regarding perimeter streets
BACKGROUND:
SecUon 34¢ 114 (5) of the Code of Ordmances ~s the pomon of the Subdivision Regulations that
reqmres developers to provide stand~d improvements to proposed and existing streets that
border a d~velopmant Per~meter paving typically consists of anstalhng 25 feet of C~ty of Denton
standard p~vement including curb and gutter on the side,of the development This standard in
the code has remained relatively the same since 1983 and has always been interpreted by staff to
mean that as a tract develops, the perimeter street improvements are required to be installed
adjacent t~ the development at the tame of development, In multi-phase developments, flus often
results In rgads being reconstructed a short section at a tmae Recently, some developers have
anqmred about the posslblhty of constructing their perimeter street improvements all at one time
~n a later phase of development Staffflunks the request, has merit for large multi-phase
developments, especially if there ~s already access to the development via a paved road of
sufficient capacity in good condmon Developers have asked about processing a variance to
accomphsl~ flus, however, after review by staff ~t was determined that such a request would not
lend itself to either of the City's variance processes as tl~s eondmon is applicable to most large
subdavasaofls or as not umque Upon consultang the Legal Department, the wording of Sectaon
34-114 (5)lwas such that ~t could be Interpreted to allow the developer to set up an escrow
account origlve the City money to hold so that a surety mechanism for the perimeter
improvements guaranteed eventual construction The escrow approach as preferred by city staff
to avmd p0tentml legal difficulties that could arise if thelclty holds the funding
Staff's ma~n concern as that the deferred construction of reqmred perimeter paving works only if
1 the development already has access to a paved road that wall provide adequate
servme to the development until the other Improvements are completed, and
2 a development agreement (possibly a modified development contract) as executed
that ties the actual constmctaon of the perimeter street improvements to a spemfic
time or event, and
3 any damage to the existing paved access that occurs during construction of the early
phase or phases of a subdivision are properl~ repmred by the developer
As the proI ~osed anterpretataon of Section 34-114 (5) as such a large departure fi.om past
interpretation (during the last 17 + years), staff felt that developers or mtlzens may become
concerned if they see houses gmng up without the roads ]being improved immediately
-l-
OPTIONS
1 Direct staff to continue admlmstratlon of perimeter paving requirements without any
changes
2 Direct staffto allowed for lmalted deferment of perimeter paving requirements based
upon the stipulations mentioned above
3 Direct staff to conduct further research and return to Council for review
RECOMMENDATION
Staff reeommands that Option #2 be pursued The primary benefit of deferred perimeter paving
is project contmmty and consistency Ifa larger section of roadway is built at one time, project
quality will generally improve, and traffic disruptions will be mlmmlzed
ESTIMATED SCHEDULE OF PROJECT
Staff is prepared to implement any changes approved by Council immediately
PRIOR ACTION / REVIEW
This subject has not been reviewed recently by Council
FISCAL INFORMATION
There should be no fiscal impact to the City of Denton as the reqmred perimeter street
improvements would still be constructed by the developer at some point during the development
and the City would require a surety mechamsm to ensure that the paving would eventually be
constructed Developers would most hkely realize some cost savings as they could construct the
entire road at one time in a later phase
ATTACHMENTS
Engineering Memo (w~th two attachments)
ly submitted
David Sal~non, City Engineer
Englneern~g & Transportation
-1-
Englneenng
&
Transportation
C~ty Hell West · 221 N Elm · Denton, Texas 76201
(940) 349-8358 · lex (940) 349-8376 · Metro 434-2529
Memo
1'o-' Dawd Hill, ACM Development Services
From', David Salmon, PE, City Englneer~~
Da~el 10/13/00
Re-' Penmeter Pawng
An ~ssue concermng penmeter paving has come up ~n reference to Wheeler R~dge
that I beheve bears consideration The developers of Wheeler R~dge have proposed
to ~nstall their entire portion of Robinson Road at one time but wish to do it ~n a later
phase We have always interpreted our ordinance to mean that penmeter pawng ~s
required to be installed adjacent to the property being platted at the time of
development This often creates a piece meal construction process w~th numerous
pavement transit~ons I think ~t would be easy for everyone to agree that ~t would be
better to build all the paving at one brae ~n a mult~ phase development than to build
p~eces of ~t ~n phases
We ~ndlcated to the Developers of Wheeler Ridge some time ago that we would work
w~th them to try to accomplish th~s We imbally thought a variance of the subd~ws~on
regulations would be the best way to accomphsh th~s Wheeler R~dge submitted a
vanance apphcat~on (attached) In prepanng P&Z backup for the vanance, ~t became
apparent that the vanance apphcat~on did not really meet any of our vanance cntena
because ~t ~s not a umque situation I asked Ed Snyder to look at th~s mtuat~on w~th
me to see how we could acoomphsh Wheeler R~dge's request
Ed Snyder and Herb Prouty reviewed our current ordinance language (attached) and
dec~ded that ~f the developer deposited the cost of the pawng for the first phase w~th
the C~ty, or set up an equivalent escrow account, we could say that the penmeter
paving was being "prowded for" as the ordinance states Ed and Herb seemed to
· Page 1
Dedwated ~o Quah/~, Serv/ce
www ctiT/ofdenlon eom
prefer the escrow option, as ~t would not put the onus on the C~ty to perform the work
The city would s~mply authonze release of the escrow to the developer once a
development contract was executed for the penmeter pav~ng
One concern of Ed and Herb's ~s keeping the respons~b~hty of performing the work
w~th the developer They d~scourage the acceptance of fees and acceptance of the
responslb~hty for construction by the C~ty unless there is a specific project
programmed w~th~n a reasonable t~me frame Another of their concems was placing
some tangible tngger ~n the agreement that specifies at what point ~n the
Development the entire road would be paved Ed and Herb, felt that because the
proposed method of delaying a portion of the penmeter pawng ~s such a large
departure from the way we have apphed the ordinance ~n the past, ~t could appear
that we were treating some developers d~fferently or could spark concems from
c~t~zens or other developers when they saw houses being constructed and no road
~mprovements being ~nstalled
Please g~ve me some d~rect~on on how we should proceed w~th th~s ~ssue I have
already added some language ~n the draft code that would specifically allow th~s ~n
some c~rcumstances with phased developments We need to address th~s ~ssue
more ~mmed~ately ~n reference to Wheeler Ridge If you feel this needs to be
considered by Council, we could talk about ~t at the November 14th work session
· Page 2
Eastern
Development
Compames
5225 ~illage Creek Drive, State '~00, Piano, Texas 75093
(972) 267 6888, Fax (972) 818 8885
September 28, 2000
Planmng & Zoning Commission
City of Denton
221 N Elm Street
Denton, Texas 76201
Dear Council Members
We are formally requesting a variance for the timing of the installation of the southern
two lanes of Robinson Road
Per the City of Denton's subdivision ordinance, Wheeler Ridge is responsible for
dedication of 40 feet of ROW and the construction of the southern two lanes of Robinson Road
along the length of the property being platted Since the first section of Wheeler Ridge that is
being final platted ts the center section of Robinson Road, we are requesting a delay ~n the
~nstallation of this section of Robinson Road We have d~scussed the timing of the proposed
~nstallatlon w~th the C~ty staffand they concur that ~t would be in the City of Denton's best
interest, as well as ours to have the installation of Robinson Road along the entire length of
Wheeler Ridge occur s~multaneously Also, attached is the agreement reviewed and approved by
the City of Denton staffas to the timing of all the road ~mprovements Wheeler Ridge will be
mstalhng
Again, we are not requesting that Robinson Road not be installed, just that we postpone
the t~m~ng of the first phase of this installation until the entire roadway can be done at one t~me
We thank you for your t~me and consideration in this matter
S~ncerely
Elwo Btam
Eastern
Development
Companies
5225 ~illage Creek Dnve, State 400, Piano, Texas 75093
(972) 267 6888, Fax (972) 818 88&5
July 11, 2000
Mr David Salmon PE
Engmeenng Administrator
City of Denton
221 N Elm Street
Denton, Texas 76201
Dear David
Thank you for taking the time to meet with my engineer and myself to discuss the design of the
Wheeler Ridge community and the timing of the agreed upon road Improvements
As we discussed it would be in the best interest of ourselves and I beheve the City of Denton to
insure that the improvements are installed m their entirety at an appropriate time With this in
mind, I would like to propose the following installation schedule
1 ) Payment of the $31,000 00 for signal light construction would be paid uath the city's
inspection fees due upon completion of phase 1
2 ) The turn lanes offTeasley Lane will be installed with the entrance to Wheeler Ridge
from Teasley Lane
3 ) Hickory Creek Road will be constructed with the entrance to Wheeler Ridge from
Hickory Creek Road
> 4 ) Robinson Road will be constructed when the earlier of
a ) The entire frontage along Rob,nson Road has been final platted and construction
has commenced on the last phase along Robinson Road or
b) Half the lots in Wheeler Ridge have been platted and construction has
commenced on the phase that bnngs the total number of platted above the
halfway mark
If you would please review the above schedule and let me know if you have any changes I look
forward to hearing from you
SUBDIVISION AND LAND DEVELOPMENT CHAPTER 34
(4) Street ca?acltv.
a All developments shall provide for those streets, including new streets, the
unprovement of existing streets and the associated Improvements and rights-of-way
which are necessary to provide adequate capacity to carry the traffic to be generated
by the property at full development. "Adequate capacity" shall mean a level of
service C, as defined by the latest edition of the Highway Capacity Manual, as
published by the Transportation Research Board of the National Research Council
b Any streets required by the provisions of this section shall also ~nclude any
drainage structures that are part of the street unprovements and are necessary to serve
the development, m accordance w~th the drainage requirements of this Code In the
case of estate subthwslon streets, no underground drainage unprovements, other than
driveway culverts, shall be required, but adequate barrow ditches w~th four (4) to one
(1) side slopes shall be provided
c To provide for future street m~provements, any development may elect, upon the
approval of the planning and zoning comrmsslon, to dedicate more street n§ht-of-way
than would otherwise be required for the development, m hcu of constructing the
total street system otherwise requuced of the development by this Code, when
1 The additional right~of-way w~l be needed for a proposed arterial street, as
shown on the city's thoroughfare plan,
2 Omitting the street unprovements that would otherwise be required would not
substantially impair the safe movement of traffic created by the development, and
3 The market value of the additional right-of-way would, as determined by the
city,engineer, be equal to or greater than the cost of the street unprovements
wluCh are to be omitted
>(:5) Peruneter streets.
a New pernneter streets. Street systems shall be laid out so as to avoid the need
for new peruneter partial streets, I e, streets that have less than the full reqmred
n§ht-of~way and pavement width for the class of street However, If an arterial
street m proposed by the master plan on the boundary of the development or the
development creates the need for a new perm~eter street, the development shall
provide Ithe portion of the peruneter street for wluch it reasonably creates the need,
but in no case shall that portion of the street prowded be less than a pavement width
of twenty-five (2:5) feet All pertmeter streets shall be prowded with curb and gutter
along the side abutting the development If the peruneter street m ultmmtely
proposed to serve as a d~vlded arterial street and the development Is required to
install lmlf of the arterial street, then curb and gutter shall be prowded on both sides
of the perimeter street so as to provide the curb for .the future median of the arterial
42
UBDIVISION AND LAIqD DEVELOPMENT CHAPTER 34
street
b Ex~stmg nertmeter streets
1 Any development on the pertmeter of an ummpmved pertmeter street shall
dedicate the right-of-way and tmprove or reconstruct the street to the same extent
as ~s reqmred for new pertmeter streets, unless the penrneter street has already
been partially mapmved, m which case the development shall dedicate the addl-
ttonal right-of-way and make the addmonal street maprovements necessary to
complete the pertmeter street to the classification required For the purpose of
thxs subsectxon, an "ummpmved permaeter" street shall mean a pertmeter street
whmh does not have curb and gutter or which does not substantially comply w~th
the street desxgn speefficataons or reqmrements of thxs Code
2 Where any development would be reqmmd by this Code to tmprove an
ex~stmg up,reproved pertmeter street wluch is designated m the c~ty's master
plans as aa arterml street to less than ats full width and the c~ty's approved capxtal
tmprovements plan proposes maprovement of the ex~st~ng peraneter street to c~ty
spemficat~ons w~tlu~ two (2) years of the date the reqmred maprovements are to
be undertaken, the development may elect, ~n heu of makmg the reqmmd
peraneter street ~raprovements, to pay to the mty prior to begmmng construction
the total constructmn cost, excluding engineering and desxgn cost, of the reqmred
street tmprovements The amount to be pald shall be determined by the c~ty
engineer, based on the actual cost of prowdmg for the maprovements, as shown
m the most recent publm bids for the same or s~mflar type street tmprovements
If the money paxd to the city m not used for the reqmmd mapmvements w~th~n
five (5) years of payment, the funds shall be returned to the person making the
payment
3 Any development whxch ~s to generate more than one hundred (100) vehicle
tr~ps per day at full development and wluch m excepted from making improve-
ments to existing pertmeter streets in accordance wxth c~ty specfficatlons for new
streets shall make the tmprovements and repatrs to the ex~stmg perimeter street
to the same extent as ~s reqmred for off-site streets
c ~xceptxons to nerlmeter street reomrements The prowstons of ttus section
requmng the anpmvement of exasting ummproved perwaeter streets to mty specffica-
t~ons for new streets shall not apply to the following:
1 A plat for a smgle-farmly resldentml lot, where such lot ~s not part of a larger
general scheme of development or subdlwsxon of land conta~mng more than one
(1) resxdentml lot,
2 A development that abuts one hundred (100) or less feet of an ex~stmg
pertmeter street, where the ex~stmg off-sxte permaeter street on exther sxde of the
Word i~roc~sscd version not codified
Agendaltem
AGENDA INFORMATION SHEET Date
AGENDA DATE' December ~, 2000
DEP~TMENT' Fiscal Operations
ACM Kathy DuBose
Fiscal and Mumcipal Services ~
SUBJECT
Receive a report, hold a d~scuasion and give staff dlrecUon regarding revising Admm~strative
Pohcy No 408 05 "Debt Service Management"
BACKGROUND
The City's Debt Management Policy 403 07 was developed in 1995 and adopted by Council
on March 5, 1996 The City's Bond Counsel, Ted Bnzzolara of McCall Parkhurst & Horton,
and Financial Advisor, David Medan~eh of F~rst Southwest Company, have extensively
reviewed the proposed pohcy All of their comments and recommendations have been
mcorporated into the proposed pohey
A table of contents for the proposed policy is attached for your reference As you can see,
several new sections have been added to prowde a more comprehenmve pohcy The pohcy
has been updated to reflect changes m leg~slatmn since 1995, as well as, to reflect changes ~n
the goals and objectives of current management practices It has also been rewsed to provide
for flexibility m addressing long-term needs, and, to provide the general framework m grading
the City's practices related to the issuance of debt
A primary responmbihty of the Finance department hes in the fiduciary duties F~scal poheIes
are developed to help enforce sound practices They can add stability to a C~ty's operations
and help maximize credit ratings Rating agencies have always given considerahon to finance
management practices m assigmng bond ratings
Therefore, best practices promoting efficiency m government and solvency in public finance
have been identified and d~ssemmated by the Government Finance Officers Assocmtlon of
U S and Canada (GFOA) GFOA acknowledges that each ~ssuer is d~fferent, while at the
same t~me, it provides all issuers a common set of guidelines that wall apply across market
conditions Th~s results in a set of recommended prachces that is designed to offer gmdance
while allowing for fiexibihty The recommended practices pubhshed by GFOA were referred
to and incorporated, where appheable, to the C~ty's proposed debt management pohcy
Strong debt management practices are ewdenced by comprehensive debt policy statements
and dlscuss the types and methods of financing employed by ~ssuers Furthermore, they can
be used to assist pohcymakers in lowenng the cost ofborrowmg and increasing accountabihty
to the taxpayers
The new sections include Section IV "Respons~bihty and Standard of Care", Section VI
"D~sclosure", Section VII "Rating Agency Commumcatlons & Credit Objectives", Section
VIII "L~mltat~ons of Indebtedness", Sectaon IX "Types of Debt", Section X Bond Structure"
and "Glossary"
PRIOR ACTION/REVIEW
The proposed pohcy was reviewed and d~scussed at the Debt Committee meeting on
September 25, 2000 They unanimously approved and recommended that ~t be forwarded to
Counml for approval
FISCAL INFORMATION
The approval of tins item has no fund reqmrements of the C~ty
Respectfully submitted
D~rector of Fiscal Operations
PROPOSED POLICY
TABLE OF CONTENTS
Page
Number
I Purpose 1 (Rewsed)
II Scope 1 (New)
III Debt Management Committee 1 (Revised)
A Members 1 (Rewsed)
B Scope 1 (Rewsed)
IV Responslbflaty and Standard of Care 2
A Delegation 2 (Rewsed)
B Confl~ets of Interest 2 (New)
C Reporting 2 (New)
D Investor Relat~uns 2 (New)
E Fmancml Adwsor 3 (Revised)
F Bond Counsel 3 (New)
V Official Statement 3 (Revised)
VI D~selosure 4 (New)
A Defimt~on 4 (New)
B Material Events 4 (New)
VII Rating Agency Commumcat~on and Credit Objectives 5 (New)
VIII L~m~tat~on of Indebtedness 5 (New)
IX Types of Debt 6 (New)
X Bond Structure 7 (New)
XI Short Term Debt 7 (Rewsed)
XII Long Term Debt 9 (Revised)
A General 9
B Bonds 9
C Certificates of Obhgat~on 10
D Pubhe Property Fmanee Contractual Obhgatlon 10
E Revenue Bonds 10
XIII Reftmdlng and Restructunng Option 10
XIV ~ Method of Sale 11 (New)
A Competitive Sale 11
B Negotmted Sale 11
C Private Placement 12
D Bxddlng Parameters 12
XV Investment of Bond Proceeds 12 (New)
A Strategy 12 (New)
B Arbitrage Comphance 12 (New)
C Arbitrage Lmb~llty Management 13 (Rewsed)
D Reporting 13 (New)
Glossary 14 (New)
2
CITy OF DENTON P^ E 1 OF 19
POLICY/J DMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
· ,..,~,s~- · t--~,~,~ ................................ REIqzRENCE NUMBER
SECTION' FINANCE 403 07
INITIAL EFECTIVE DATE
SUBJECT DEBT MANAGEMENT 03/05/96
LAST REVISION DATE
TITLE DEBT SERVICE MANAGEMENT
PROPOSED DEBT POLICY
I PURPOSE
This policy shall provide general guidelines by which the City of Denton "the City" will
issue debt It is the objective of this policy that (1) the City obtain financing only when
necessary, (2) the process for ldentlfymg the timing and amount of debt or other
financing, proceed as efficiently as possible, and (3) the most favorable interest rate and
other costs be obtained
II SCOPE
Tbas debt management policy applies to the financing activities of the City of Denton,
Texas It also addresses the issues of process, use and limitations Obligations will be
timed for issuance and delivery of proceeds as close as possible to the time that contracts
are expected to be awarded so that the proceeds are spent in the most efficient manner
III DEBT MANAGEMENT COMMITTEE
A Members
There is hereby created a Debt Management Committee ("the Committee")
consisting of the City Manager, Assistant City Manager of Uttht~es, Assistant
City Manager of Fiscal & Municipal Scrvmes, Director of Fiscal Operations,
Director of Management & Budget, and, Financial Advisor and Bond Counsel as
ex-officio members
B, Scope
The Committee shall meet as necessary to review the debt program Included m
its discussions will be such topics as the Capital Improvement Program, status of
financed projects, timing of ad&t~onal financing needs, the effect of proposed
financing activity on the related rates supporting the debt (1 e property tax rate,
utility rates, user fees, etc )
Page 2 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued)
REFERENCE NUMBER I
TITLE DEBT SERVICE MANAGEMENT 40307
IV RESPONSIBILITY AND STANDARD OF CARE
The Fiscal and Municipal Servmes Department will coordinate all activities reqmred for
the issuance of all debt
A Delegation
The primary indiwdual who shall be involved in the development of financing
recommendations will be the Director of F~scal Operatmns The Assmtant City
Manager of Fiscal & Municipal Services shall be responsible for all debt
financing actiwtles and shall establish a system of controls to regulate the
activities of the Director of F~scal Operations
B Conflicts of Interest
All participants in the debt management process shall seek to act responsibly as
custodians of public assets Officers and employees involved in the debt
management process shall refrain from personal busmess actiwty that could
conflict with proper execution of the financing program, or which could ~mpair
their ability to make nnpartml financing decisions
C Reporting
The Director of Fiscal Operations shall prepare at least annually a report
summarizing all debt outstandang by type (tax supported and revenue backed),
remmnmg balance of bond proceeds, update of arbitrage habfllty, and update of
pertinent legislative changes
D Investor Relations
The C~ty shall endeavor to mamtmn a positive relationship with the investment
eommumty The Director of F~seal Operataons and the City's F~nancial Adwsor
shall, as necessary, prepare reports and other forms of commumcat~ons regarding
the City's indebtedness, as well as Its future financing plans This includes
mformaOon presented to the press and other media The information includes
annual program of services, comprehensive annual financial report, financial
plans, capital improvement plans, comprehensive development plans, etc
All forms of media deemed appropriate and immediately avmlable to the City will
be utilized to thssemmate reformation to all ~nvestors Examples include Texas
Mummpal Report, The Bond Buyer, Nationally Recogmzed Municipal Security
Information Repository and State Information Depository Bond Counsel will
advise on the use of eleetromc medm m connection with the City's debt program
Page 3 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REHSRENCE NUMBER I
TITLE DEBT SERVICE MANAGEMENT 403 07
E Fanancml Advisor
The Caty shall retmn an independent Financial Advisor for advice on the
stmctunng of new debt, financial analysas of various options, the rating review
process, marketing debt assues, marketability of City obllgataons, sale and post-
sale services, the review of the official statement and other services as necessary
The City wall seek the advice of the Fananclal Advisor on an ongoing basis The
Fananmal Advisor will perform other services as defined by the agreement
approved by the C~ty Councal
F Bond Counsel
The Caty shall retmn Bond Counsel for legal and procedural advice on all debt
issues Bond Counsel shall advme the City Council an all matters pertmmng to its
bond ordinance(s) and/or resolution(s), and, no action shall be taken with respect
to new obligations until a written mstnunent has been prepared by the Bond
Attorneys certifying the legalaty of the proposal The Bond Attorneys shall
prepare all ordinances and other legal instruments required for the execution and
sale of any bonds issued which shall then be reviewed by the City Attorney and
D~rector of Fiscal Operations The Cay will also seek the advice of Bond
Counsel on all other types of debt and on any other questmns involving federal
tax or arbitrage law Special Counsel shall be retmned to protect the City's
interest ~n complex negotiations and comment revaew
V. OFFICIAL STATEMENT
The preparation of the Official Statement is the responsiblhty of the Financial Advasor in
concert with the Director of Fiscal Operations under the supervision of the Assistant City
Manager of Fiscal and Mumcapal Servaces Informatmn for the Official Statement as
gathered from departments/chvlslons throughout the C~ty
The Caty will take all appropriate steps to comply with the federal dasclosure rules 0 e,
Securities and Exchange Commissmn Rule 15C2-12) The City will provide annual and
event thsclosure to anformation reposxtones throughout the term of securities for the
benefit of the primary and secondary mumcapal markets
Page 4 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINIStRATIVE DIRECTIVE (Continued)
, I REFERENCE NUMBER I
I TITLE DEBT SERVICE MANAGEMENT 40307
VI. DISCLOSURE
A With each bond offenng, and at least annually, in the preparation of F~nanmal
Reports or Official Statements of any bond prospectus, the City will follow a
pohcy of full and complete disclosure of financial and legal conditions of the
C~ty, in conformance with gmdelmes issued by the Government Finance Officers
Association Disclosure Guideline, and as advised by d~sclosure counsel or
F~nanmal Advisor Furthermore, all City finance and debt-related information
which may appear m pubhcly distributed documents in anticipation of the
issuance of bonds by the City Enterprise Funds, Redevelopment Agency or
Housing Authority should be reviewed by the Finance Department prior to
distribution to ensure that the information is presented on an accurate and
consistent basis
B Material Events
SEC Rule 15c2-12 lists 11 events that, if material, must be reported in a t~mely
fasNon to each Nationally Recognized Municipal Security Information
Repository (NRMSIR) or to the Mummpal Security Rulemakmg Board (MSRB)
and to the appropriate State Information Depository (SID)
The events that must be reported, ~f material, are
1 Pnnclpal and interest payment delinquencies,
2 Nonpayment related defaults,
3 Unscheduled draws on debt service reserves reflecting financial difficulties,
4 Unscheduled draws on credit enhancements reflecting financial difficulties,
5 Substitution of credit or hquld~ty providers, or their failure to perform,
6 Adverse tax op~mons or events affecting the tax-exempt status of the sectmty,
7 Modfficat~ons to rights of security holders,
8 Bond calls,
9 Defeasances,
10 Release, substitution, or sale of property secunng repayment of the securities,
11 Rating changes
Unofficmlly considered the twelfth material event to be reported is the failure of any
obligated person to provide the required annual financial information on or before the
date specffied ~n the related tmdertak~ng According to the SEC, this requirement would
be satisfied if a disclosure contract states that the annual reformation would be prowded
w~thln a specified number of days after the fiscal year end
Full disclosure of the operations will be made to the bond rating agencies The City staff,
with the assistance of the Financial Advisors and Bond Counsel, will prepare the
necessary materials for and presentation to the rating agencies
6
Page 5 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ~Contlnued)
~ REFEKENCE NUMBER
TITLE DEBT SERVICE MANAGEMENT 403 07
VII RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES
The City will seek to maintain and improve its current bond rating so ~ts borrowing costs
are reduced to a minimum and 1ts access to credit is preserved
In conjunction with the Financial Advisor, thc City shall maintain a line of
communication with the rating agencies (Moody's, Standard & Pools, and Fitch),
~nformlng them of major financial events m the City as they occur The Comprehensive
Annual Financial Report, Annual Program of Services, and Capital Improvement Plan,
shall be distributed to the rating agencies after they have been accepted/adopted by the
City Council on an annual basis
When necessary, a personal meeting with representatives of the rating agencies will be
scheduled when a major capital improvement program is initiated, or to discuss
economical and/or ftnanmal developments which might impact credit ratings The
followmg documents may be required for the rating agencies
Most recent annual audit reports, including a description of accounting
practices Accounting changes in the past three years and the ~mpact on
financial results should be explained
Current budget
Current capital improvement program/plan
Official statements for new financings
Desenpaun of proJects being financed
Sources and uses statement for project being financed If additional funds are
required to complete project, the source of the funds and any conditional
requirements will be discussed
Engmeenng and feasibility report (if applicable)
Zoning or land-use map Of applicable)
Cash flow statement, in the ease of interim borrowing Statement of long -
and short-term debt with annual and monthly maturity dates as appropriate
Also, a report of any lease obhgatlons, their nature and term
In&cation of appropriate authority for debt issuance
Investment policy (if applicable)
Statement concerning remaining borrowing capacity plus tax rate and levy
eapaeay or other revenue capacity
VIII LIMITATIONS OF INDEBTEDNESS
City staff, in conjunction w~th the Financial Advisor and Bond Counsel, will produce a
comprehensive analysis of debt capacity prior to ~ssmng bonds This document should
cover a broad range of factors, including
7
Page 6 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REI-'I~KENCE NUMBER
TITLE DEBT SERVICE MANAGEMENT 403 07 I
· Legal debt hmlts, tax or expenditure celhngs
· Coverage reqmrements or addmonal bonds tests m accordance w~th bond
covenants
· Measures of the tax and revenue base, such as projections of relevant economic
varmbles (e g, assessed property values, employment base, unemployment
rates, income levels, and retml sales)
· Population trends
· Utilization trends for servmes underlying revenues
· Factors affecting tax collections, ~ncludlng types of property, goods, or services
taxed, assessment practices and collection rates, evaluation of trends relating to
the C~ty's financml performance, such as revenues and expenditures, net
revenues available after meeting operating reqmrements
· Rehabfl~ty ofrevanues expected to pay debt servme
· Unreserved fund balance levels
· Debt serwce obhgat~ons, such as ex~st~ng debt service requirements
· Debt service as a percentage of expenditures or tax or system revenues
· Measures of debt burden on the commumty, such as debt per capita, debt as a
percentage of personal income, debt as a pementage of full or equahzed
assessed property value, and overlapping or underlytng debt
· Tax-exempt market factors affecting ~nterest costs, such as ~nterest rates,
market receptivity, and credit rating
The City has both revenue bonds and other ~ndebtedness of the Electric, Water,
Wastewater, and Solid Waste Funds The Cay will endeavor to mmntmn two coverage
ratios as prowded ~n the City's outstanding bond covenants (e g 1 25 and/or 1 50 t~mes,
or as mqmred by ~nthvldual bond covenants)
The Electric, Water, Wastewater, and Sohd Waste Funds' total long-term debt
outstanding shall not exceed the mount of combined fund eqmty
IX TYPES OF DEBT
The C~ty's Bond Counsel and Financial Advisor will present the d~fferent types of debt
best suited and legally penmsmble under state law for each debt Issue These types may
mclude
· short-term vs long-term debt,
· general obhgatxon vs revenue debt,
· fixed vs variable rate debt,
· lease-backed debt,
· speeml obhgatlon debt such as assessment dmtnct debt,
· condmt Issues, and
· taxable debt,
8
Page 7 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENCE NUMBER I
TITLE DEBT SERVICE MANAGEMENT 403 07
A The Caty wall seek all possable Federal and State reimbursement for mandated
projects and/or programs The C~ty wall pursue a balanced relat~onshap between
assmng debt and pay-as-you-go financang
B The C~ty will match the term of long-term debt assued up to the lafe of the projects
financed Current operataons will not be financed w~th long-term debt Debt
~ncurred to finance capital amprovements wall be repaid wathan the useful hfe of
the project
C High priority wall be assigned to the replacement of capttal amprovements when
they have deteriorated to the poant there they are hazardous, ~ncur hagh
mmntenance costs, negatavely affect property values, or no longer serve their
~ntended purposes
D An updated Capital Improvement Plan will be presented to the C~ty Councal for
approval on an annual basis Th~s plan wall be used as a bas~s for the long-range
finanmal planmng process
X BOND STRUCTURE
Structural features that may be considered are
· maturity of the debt,
· setting the maturities of the debt equal to or less than the useful hfe of the
project,
· use of zero coupon bonds, capital appreclataon bonds, deep d~scount bonds, or
premium bonds,
· debt service structure (level debt serrate payments, level pnnc~pal
payments or other repayment structure defined by state law),
· redemption prommons (mandatory and optaonal call features),
· use of credit enhancement,
· use of senaor hen and jumor hen obhgattons, and
· use ofdenvatave products,
XI SHORT-TERM DEBT
A General
Short-term obhgatmns may be ~ssued to finance projects or porttons of projects
for which the Caty ultimately mtends to assue long-term debt, ~ e, it wall be used,
when appropriate, to prowde interim financing whmh wall eventually be refunded
wath the proceeds of long-term oblagat~ons
Page 8 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued)
REI~'E~ENCE NUMBER I
ITITLE DEBT SERVICE MANAGEMENT 403 O7
Short-term obligations may be backed with a tax and/or revenue pledge or a
pledge of other avmlable resources
imtenm financing may be appropriate when long-term interest rates are expected
to decline in the future In addition, some forms of short-term obligations can be
obtained qmcker than long-term obhgatlons and thus can be used until long-term
financing can be obtmned
B Commercial Paper
Due to the issuance costs associated with the marketing and placement of
commercial paper in amounts of less than approximately $25 million, it is not
considered feasible for the City of Denton to issue this type of debt Should the
opportunity to part~mpate an a conunermal paper issuance pool present itself, the
advantages and disadvantages shall be evaluated by the Director of Fiscal
Operations
C Anticipation Notes
Antmipatlon notes empower municipalities to issue debt without giving notice of
intent Anticipation notes may be secured and repmd by a singular pledge, but not
a plural pledge, of revenue, taxes, or the proceeds of a future debt issue
Anticipation notes may be authorized by an ordinance adopted by the City
Council
Anticipation notes may be used to finance projects or acquisitions that could also
be financed with Certificates of Obhgatlon
Anticipation notes have several restrictions, which include
1) Anticipation notes issued for general purposes must mature before the seventh
anniversary of the date the attorney general approves the issue,
2) Anticipation notes may not be used to repay lnterfund borrowing or a
borrowing that occurred up to/or more than 24-months prior to the date of
issuance,
3) A govermng body may not issue anticipation notes that are payable from bond
proceeds unless the proposition authonzmg the issuance of the bonds has
already been approved by the voters
10
Page 9 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued)
REIq~RENCE NUMBER I
ITITLE DEBT SERVICE MANAGEMENT 4O3 O7
XlI. LONG-TERM DEBT
A General
Proceeds from the sale of long-term obligations wall not be used for operating
purposes, and the hfe of the obhgat~ons will not exceed the estimated useful life
of the projects financed
A level debt service structure will be used unless operational matters and
marketmg considerations dmtate otherwise
The cost of issuance of private activity bonds as usually higher than for
governmental purpose bonds Consequently, private activity bonds wall be ~ssued
only when they will economically benefit the City
The cost of taxable debt as higher than for tax-exempt debt However, the
~ssuance of taxable debt may be more appropriate ~n some circumstances and may
allow valuable flex~bfllty ~n subsequent contracts with users or managers of the
~mprovement constructed w~th the bond proceeds Therefore, the C~ty wall
usually ~ssue tax-exempt obhgat~ons but may occasionally ~ssue taxable
obhgatlons
B Bonds
Long-term general obhgat~on or revenue bonds shall be ~ssued to finance
s~gmfieant and desirable capital ~mprovements The general obhgataon bonds will
be used for purposes set forth by voters in bond elections
General obhgat~on bonds will strive to have an average life of approximately
fiReen (15) years or less, and revenue bonds will strive to have an average hfe of
approximately twenty (20) years or less
A resolution of intent to issue bonds authorizing staff to proceed with preparations
shall be presented for the cons~deratmn of the City Council when the capital
budget ~s presented or as soon thereat~er as reasonably possible
Unless a compelling reason as ~dentafied by the Debt Committee, all bonds issued
for the purpose of supplying new momes as needed for current, ongoing pubhc
~mprovements shall be sold at a pubhc, competitive sale based upon sealed bads
pursuant to terms and conditions spectfied in the Clt)~s Home Rule Charter which
reqmres "the pubhcatlon of a proper notice of sale ~n a national pubhcat~on which
regularly ~ncludes mumc~pal bond sale notmes, stating pertinent facts relating to
the proposed sale ~ncludang, but not hmated to, the tame, the date, and the place
(whmh shall be m the C~ty of Denton) that all sealed b~ds wall be pubhcly opened,
11
Page 10 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
read, and tabulated before the C~ty Council The date advertised for opemng of
the b~ds shall be not less than 30 days from the date of pubhcatlon"
C Certfficates of Obhgat~on
Certfficates of Obhgat~on may be issued to finance permanent ~mprovements and
land acqmsit~on, the need for which arose between bond elect~ons In add,eon,
they may also be used to finance costs associated with capital project overruns or
to acqmre equipment
In accordance wtth state law, a resoluhon authorizing pubhcatlon of not~ce of
~ntent to ~ssue Certfficates of Obhgatlon shall be presented for the consideration
of the C~ty Council The not~ce of ~ntent shall be pubhshed m a newspaper o£
general mrculatlon in the City once a week for two consecutive weeks with the
first pubhcat~on to be at least fifteen (15) days prior to the sale date
Certffieates of obhgat~on may be backed by a tax pledge under certain
mrcumstances as defined by law They may also be backed by a combination tax
and revenue pledge ehg~ble under state law Some revenues are restricted as to
the uses for wluch they may be pledged Electric, Water, Wastewater, and Sohd
Waste revenues may be pledged w~thout hm~t for Electric, Water, Wastewater,
and Sohd Waste purposes but may only be pledged up to $10,000 for non-utthty
system purposes
D Public Property F~nance Contractual Obhgat~on
Pubhc property finance contractual obligations may be ~ssued to finance the
aeqmslt~on of personal property
E Revenue Bonds
In addition to the pohmes set forth above, when cost-beneficial and when
penmtted under apphcable ordinances, the C~ty may consider the use of surety
bonds, hnes of credit, or similar ~nstmments to satisfy mandated debt servme fired
reqmrements on outstanding and/or proposed revenue bonds
XIII. REFUNDING AND RESTRUCTURING OPTIONS
The C~ty shall consider refunding debt whenever an analys~s ~nd~cates the potentml for
present value sawngs of approximately 3 5% of the debt service being refunded or if
benefimal to the C~ty ~n another way
12
Page 11 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REi~ ERENCE NUMBER I
ITITLE DEBT SERVICE MANAGEMENT 403 07
XIV METHOD OF SALE
A Competmve Sale
When feasible and econommal, obhgatlons shall be issued by competitive rather
than negotiated sale Favorable concht~ons for a competitive method of sale
~nclude the following
· The market is famlhar with the ~ssuer, and the tssuer ~s a stable and regular
borrower in the pubhc market
· An active secondary market with a broad investor base for the issuer's bonds
· The Issue ~s neither too large to be easdy absorbed by the market nor too small
to attract mvestors without a concerted sales effort
· The issue is not viewed by the market as carrying overly complex features or
requmng explanation as to the bonds' soundness
· Interest rates are stable, market demand ~s strong, and the market ~s able to
absorb a reasonable mount of buying or selhng at reasonable price changes
B Negotiated Sale
Bonds issued for the purpose of refunding and/or restructuring outstanding debt
may appropriately be sold on a negotiated bas~s when maximum flex~blhty ts
required in order for the City to respond to day-to-day nuances ~n the marketplace
and other complications peculiar to the issuance of refunding debt Whenever the
option exists to sell an issue on a negotiated basis, an analysis of the options shall
be performed to md m the decision-making process
The C~ty will present the reasons and will actively participate m the selection of
the tmderwnter or direct purchaser
In a negotmted sale, the underwriter may be selected through a request for
proposals (RFP) or because of a r¢lat~onsinp established by previous debt
transactions The criteria used to select an underwriter ~n a negotmted sale should
include the following
· Overall experience
· Marketing pInlosophy
· Capability
· Previous experience as managing or co-managing partner
· Financial statement
· Pubhc finance team and resources
· Breakdown of underwnter's d~scount
13
Page 12 of 19
POLICY/~J)MINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REI~'ERENCE NUMBER
ITITLE DEBT SERVICE MANAGEMENT 403 07
C Pnvate Placement
When cost-beneficml, the C~ty may privately place ~ts debt S~nce no underwriter
partmlpates ~n a private placement, ~t may result in lower cost of ~ssuance Private
placement ~s sometimes an optmn for small issues The opportumty may be
identified by the Flnancml Adwsor
D Bidding Parameters
The not,ce of sale will be carefully constructed so as to ensure the best posmble
bid for the C~ty, m hght of existing market cond~tmns and other prevmhng factors
Parameters to be examined include
· L~m~ts between lowest and highest coupons
· Coupon reqmrements relative to the y~eld curve
· Method of underwriter compensation, dlscotmt, or prem~mn coupons
· Use of tree interest cost (TIC) versus net interest cost (NIC)
· Use of bond insurance
· Deep chscount bonds
· Variable rate bonds
· Call provisions
XV INVESTMENT OF BOND PROCEEDS
A Strategy
The Cxty should actively monitor its investment practmes to ensure maximum
returns on its invested bond funds while complying with Federal arbitrage
gmdelmes Specific ~nvestment strategies for the investment of bond proceeds are
prowded in the C~ty's investment pohcy #408 04
B Arbitrage Comphance
The City will follow a pohcy of full comphance with all arbitrage rebate
requirements of the federal tax code and Internal Revenue Servme regulations,
and will perform 0nternally or by contract consultants) arbitrage rebate
calculations for each ~ssue subject to rebate on an annual basis All necessary
rebates will be filed and prod when due
Page 13 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENCE NUMBER
C Arbitrage L~ainhty Management
The D~rector of F~scal Operations wall mmntmn a system for tracking arbitrage
rebate habd~ty and ensunng that reqmred calculations are performed on a t~mely
bas~s These calculations will be performed annually Funds should be set astde
~n anttmpat~on of potentml rebate hab~ht~es Due to the complexity of the
arbitrage calculations and regulations, and to the seventy of the penalties for
noncomphance, the adwce of Bond Counsel and quahfied experts wall be pursued
on an ongoing bas~s
D All bond proceeds will be separately accounted for ~n the financial accounting
system to famhtate arbitrage tracking and reporting Arbitrage rebate habfl~ty
reports shall be generated sem~-annually and submitted to the Investment
Committee and to the Debt Management Committee for rewew
15
,, Page 14 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENCE NUMBER ]
ITITLE DEBT SERVICE MANAGEMENT 403 07
GLOSSARY
Amort~gatton - The planned reductaon of a debt obllgatmn according to a stated maturity or
redemption schedule
Arbttrage- The gmn which may be obtained by borrowing funds at a lower (often tax-exempt)
rate and investing the proceeds at h~gher (often taxable) rates The ability to earn
arbitrage by issuing tax-exempt secuntaes has been severely curtailed by the Tax Reform
Act of 1986, as amended
Average Ltfe- The average length of nme debt is expected to be outstanding
Basts Point- One one-hundredth of one percent (0 0001)
BBI- Bond Buyer Index Comparison of current rates for venous maturities
Btd Form - The document used by an underwriter to submat h~s bid at a competmve sale
Bond - A security that represents an obhgatlon to pay a specified amount of money on a specific
date in the future, typically with penodm interest payments
Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to g~ve a legal oplmon
coneermng the vahdlty of the sectmtles The bond counsel's op~mon usually addresses
the subject of tax exemptaon Bond counsel may prepare, or review and advise the issuer
regarding authorizing resoluUons or ordinances, trust indentures, official statements,
vahdataon proeeedangs and lmgataon
Bond Insurance - Bond insurance ~s a type of credit enhancement whereby a monohne
ansuranee company mdenmffies an investor agmnst a default by the issuer to pay
pnnelpal and interest ~n-full and on-tame Once assagned, the munampal bond ~nsuranee
pohey generally ~s irrevocable The insurance company receives an up-front fee, or
premmm, when the pohey is ~ssued
Boog-£#try-Only - Bonds that are assued in fully-regastered form but without cemficates of
ownership The ownership interest of each actual pumhaser is recorded on computer
Bond lears - $1,000 of debt outstanding for one year used to compute average hfe and net
interest cost
Call Optton- The right to redeem a bond prior to its stated maturity, eather on a g~ven date or
continuously The call option is also referred to as the optional redemptaon provision
CapttalAppreeiation Bond - A bond wathout current ~nterest coupons that is sold at a substantial
dascount from par Investors are provided with a return based upon the accretion of value
an the bond through maturity
16
Page 15 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENCE NUMBER
ITITLE DEBT SERVICE MANAGEMENT 403 07
Capital Lease - The acquisition of a capital asset over t~me rather than merely paying a rental
fee for temporary use A lease-purchase agreement, in which provision is made for
transfer of ownershxp of the property for a nominal price at the scheduled termination of
the lease, is referred to as a capital lease
Ciostng- When bonds are exchanged for money (a/k/a delivery or settlement)
Commercial Paper (Tax-ExempO - By convention, short-term, unsecured promissory notes
~ssued m either registered or bearer form with a stated maturity of 270 days or less
Competmve Sale - A sale of securities ~n which the securities are awarded to the b~dder who
offers to purchase the issue at the best price or lowest cost
Coupon Rate - The interest rate on specific maturities of a bond ~ssue While the term "coupon"
derives from the days when virtually all mumclpal bonds were ~n bearer form with
coupons attached, the term is still frequently used to refer to the interest rate on different
maturities of bonds in registered form
Cover Btd- The runner-up in a competitive bond sale
Credtt Enhancements - Credtt enhancements are mechamsms which guarantee pnnclpal and
~nterest payments They include bond insurance and a hne or letter of cre&t A eredtt
enhancement, while costly, will usually bnng a lower ~nterest rate on debt and a h~gher
rating from the rating agencies, thus lowenng overall costs Cost effectiveness of credit
enhancement will be evaluated for each debt issue
CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities
Identification Procedures An identification number is assigned to each maturity of an
issue, and is usually pnnted on the face of each ~ndlwdual certificate of the ~ssue The
CUSIP numbers are intended to help facilitate the identification and clearance of
municipal securities As the municipal market has evolved, and the new derivative
products are devised, the ~mportance of the CUSIP system for identification purposes has
increased
Dated Date - A defined date at which interest begms to accrue from
Debt Burden - The ratio of outstandmg tax-supported debt to the market value of property
wlthan a jurisdiction The overall debt burden ancludes a junsd~ctlon's propomonate
share of overlappmg debt as well as the municipality's d~rect net debt
Debt Lttnttatton - The maximum mount of debt that is legally permitted by a jtmsdlctlon's
charter, const~tutxon, or statutory requirements
17
Page 16 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENCE NUMBER I
TITLE DEBT SERVICE MANAGEMENT 403 07
Debt Semce - The amount necessary to pay pnnmpal and interest requirements on outstanding
bonds for a given year or series of years
Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay
debt service if pledged revenues are insufficient to satisfy the debt service requirements
The debt service reserve fund may be entirely funded with bond proceeds, or it may only
be partly funded at the time of the issuance and allowed to reach its full funding
requirement over time, due to the accumulation of pledged revenues If the debt service
reserve fund is used in whole or part to pay debt service, the issuer usually is required to
replenish the funds from the first avmlable funds or revenues A typical reserve
reqmrement might be the maximum aggregate annual debt service requirement for any
year remmmng until the bonds reach maturity The size of the reserve fund, and the
manner in which it is invested, may be subject to arbitrage regulations
Default - The failure to pay pnnclpal or interest in full or on time An actual default should be
distinguished fi.om technical default The latter refers to a failure by an issuer to abide by
certain covenants but does not necessarily result in a failure to pay pnnclple or interest
when due
Defeasance - Providing for payment of pnnclpal of premium, if any, and interest on debt
through the first call date or scheduled pnnc~pal maturity in accordance with the terms
and reqmrements of the instrument pursuant to whmh the debt was issued A legal
defeasance usually involves estabhslung an irrevocable escrow funded with only cash
and U S government obligations
Depository Trust Company (DTC) - A limited purpose trust company organized under the New
York Banking Law DTC facthtates the settlement of transactions ~n mummpal securities
Downgrade - A reduction in crerht rating
EnterprtseAetivtty-Arevenue-generatlngprojectorbuslness The project often provides funds
necessary to pay debt service on securities issued to finance the facility The debts of
such projects are self-hqmdatmg when the projects earn suffimem momes to cover all
debt service and other requirements imposed under the bond contract Common
examples mclude water and sewer treatment facilities and utility facilities
Final Official Statement (FOS) - A document published by the issuer which generally discloses
material reformation on a new issue of mummpal sectmtles including the purposes of the
issue, how the securities will be repmd, and the financial, economic and social
charactenstms of the issuing government Investors may use this information to evaluate
the credit quality of the securities
18
Page 17 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENCE NUMBER I
TITLE DEBT SERVICE MANAGEMENT 403 07
Flow of Funds - The order ~n which pledged revenues must be dasbursed, as set forth m the trust
andenture or bond resolution In most anstances, the pledged revenues are deposated anto
a general collecuon account or revenue fund as they are receaved and subsequently
transferred into the other accounts estabhshed by the bond resoluUon or trust indenture
The other accounts provide for payment of the costs of debt servace, debt servxce reserve
deposits, operatmn and mmntenance costs, renewal and replacement, and other
requirements
General Obligation Debt- Debt that ~s secured by a pledge of the ad valorem taxang power of the
~ssuer Also known as a full froth and credat obligation
Good Fatth Depostt- A sum of money given by the Underwriter to assure his bad
lnstttuttonal Buyer - Banks, financml lnst~tutaons, insurance companies, and bond funds
Issuance Costs - The costs recurred by the bond issuer dunng the planmng and sale of
securities These costs include but are not hm~ted to financaal advasory and bond counsel
fees, pnntmg and advertaslng costs, rating agenmes fees, and other expenses recurred in
the marketing of an issue
Juntor Lten Bonds - Bonds which have a subordinate clmm agmnst pledged revenues
Letter ofCredtt - Bank credat faclhty whereby a bank wall honor the payment of an issuer's debt,
an the event that an issuer as unable to do so, thereby provadang an additional source of
security for bondholders for a predetermined period of tame A letter of credat often as
referred to as an L/C or an LOC Letter of Credat can be ~ssued on a "stand-by" or "darect
pay" basis
Level Debt Servtce- When annual payments are substantially the same each year
Line of Credit - Bank credat facility wherein the bank agrees to lend up to a maxxmum amount
of funds at some date m the future in return for a commitment fee
Manager - The member (or members) of an underwriting syndicate charged with the primary
responmbfl~ty for conductang the affmrs of the syndicate The managers take the largest
underwntmg commitment
Lead Manager or Senior Manager
The underwriter serving as head of the syndicate The lead manager generally
handles negotmt~ons in a negotiated underwriting of a new msue of munlcapal
securities or directs the process by which a b~d as determaned for a competatlve
underwriting The lead manager also ~s charged w~th allocating securities among
the members of the syndmate an accordance wath the terms of the syndicate
agreement or agreement among underwriters
19
Page 18 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Cont:nued)
REFERENCE NUMBER
TITLE DEBT SERVICE MANAGEMENT 403 07
Joint Manager or Co-Manager
Any member of the management group
Muntctpal Securtttes Rulemaking Board (MSRB) - A self-regulat~ng orgamzat~on estabhshed
on September 5, 1975 upon the appointment ora 15-member Board by the Securities and
Exchange Agreement The MSRB, comprised of representatives from investment
banking firms, dealer bank representatives, and public representatives, ~s entrusted w~th
the responsxbfilty of writing rules of conduct for the mtm~c~pal securities market New
Board members are selected by the MSRB pursuant to the method set forth m Board roles
Negottated Sale - A sale of securities in winch the terms of sale are determined through
negotmt~on between the lssuar and the purchaser, typically an underwriter, w~thout
compet~hve bidding
Net Interest Cost - The average interest cost of a bond issue calculated on the bas~s of s~mple
~nterest
Paytng Agent - An agent of the ~ssuer with respons~inhty for t~mely payment of pnnc~pal and
~nterest to bond holders
Prehmmary Offictal Statement (POS) - The POS ~s a prebmmary version of the officml
statement winch is used by an ~ssuer or underwnters to descnbe the proposed ~ssue of
mumc~pal securities prior to the determination of the ~nterest rate(s) and offenng
prices(s) The prehmmary officml statement, also called a "red hemng", often ~s
examined upon by potentml purchasers prior to making an ~nvestment decision
Present Value - The value of a future amount or stream of revenues or expen&tures in current
dollars
Refunding - An advance refunding ~s a refunding that occurs more than 90 days before the call
date of the refunded bonds A current refunding is a process of sethng a new ~ssue of
securities to obtmn funds needed to retire existing secunhes Debt refun&ng is done to
extend maturity and/or to reduce debt service cost
Retad Buyer - Ind~wdual investors
Revenue Bond - A bond which ~s payable from a specific source of revenue and to which the
full froth and credit of an issuer w~th tatung power ~s not pledged Revenue bonds are
payable from ~dent~fied sources of revenue, and do not permit the bondholders to compel
a jurisdiction to pay debt service from any other source Pledged revenues often are
denved from the operation of an enterpnse act~wty Generally, no voter approval ~s
reqmred prior to ~ssuance of such obhgat~ons
Secondary Market - The market xn winch bonds are sold after their ~mtxal sale ~n the new ~ssue
market
20
Page 19 of 19
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REI~ERENCE NUMBER
I TITLE DEBT SERVICE MANAGEMENT 40307
Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues
Serial Bonds - A bond issue in which the pnnclpal is repaid in periodic installments over the
lSSUe'S life
Spht ratmgs - Different rating levels fi.om different rating agencies
Surety Bond - A bond guaranteeing performance of a contract or obligation
Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is
created by aggregating a series of maturities A provision is often made for the
mandatory redemption of specified mounts of pnnclpal dunng several years prior to the
stated maturity, which effectively simulates serial bonds
True Interest Cost (TIC) - An expression of the average interest cost m present value terms
The tree interest cost ~s a more accurate measurement of the bond lssue's effective
interest cost and should be used to ascertam the best bid m a competitive sale
Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less
often than semx-annually The ~nterest rate ~s reset e~ther by means of an auction or
through an index
Upgrade - An increase In credit rating
21
CITY OF DENTON PAO , oF ,o
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION FINANCE REFERENCE NUMBER
403 07
SUBJECT C:,AgI4 DEBT MANAGEMENT INITIAL EFECTIVE DATE
03/05/96
TITLE DEBT SERVICE MANAGEMENT LAST REVISION DATE
PURPOSE(Chan~,ed to I ]
~tdmm~-It is the objective of tbas policy that (1) the City obtain financing only when necessary,
(2) the process for identifying the timing and mount of debt or other financing l~as-~fiot~t-as possible,
and (3) the most favorable interest rate and other costs be obtmned
RESPONSIBILITY (moved to IV~
(Revised & Plg~ced Under IV A Dele~tation~The pnmary individual who shall be involved ~n development
of financing recommendations roll be the D~rector of Fiscal Operations The Executive D~rector of
Finance shall be responsible for all debt fmancmg actiwties and shall establish a system of control to
regulate the actiwtles of the D~reetor of Fiscal Operation~
(Rewsed and ulaced under III B. Scone]The
responsibllmas of the cormmttee shall be to
· meet as necessary to consider the need for financing and assess progress on the Capital
Improvement Progriun,
· meet as necessary m preparation for a financing,
· rewew changes m state and federal leg~slation, and
· rewew annually the prov, sions of ordinances and/or resolutions authorizing ,ssuance of
obhgations, and
· annually rewew services proxuded by the Financial Advusor, Bond Counsel, and Paying Agent
to evaluate the extent and effectiveness of services being prowded
Prior to the debt management committee meetings, a written report shall be prepared on the status of
Capital Improvement Program financing The report shall be based m part on reformation collected from
the primary capItal tmprovement project managers m the City and shall include a projection of near-term
financing needs compared to avmlable resources, an analysis of the impact of contemplated financings
on the property tax rate, utility rates, user charges, and a financing recommendation
22
Page 2 of 10
POLICY/ADMINISTRATIVE PROCEI)URE/ADMINISTRATIVE BIRECTIVE (Continued)
In developing financing recommendations, the debt management conumttee shall consider
· the time proceeds of obligation are expected to remmn on hand and the related carrying cost,
· the options for interun financing mcluthng short-term and lnteffund borrov~ng, talang into
consideration federal and state reimbursement regulations,
· the effect of proposed action on the tax rate and user charges,
· trends m mterest rates,
· other factors as appropriate
Financial Advisor (R~vised and placed under 1KE Resvonsibthtv)!r. vc.!vc~c:::
The City will seek the adwce of the finenc~al advisor on an ongumg basis The financial advisor will
adxase on the structuring of obhgatmns to be issued, reform the City of various optmns, advise the C~ty
as to how choices will impact the marketability of City obhgatmns and will provide other services
as defined by the agreement approved by the City Council
SHORT-TERM DEBT (Moved to XI3
.
23
Page 3 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
ITITLE DEBT SERVICE MANAGEMENT REFERENCE NUMBER
403 07
Commerctal Paper (Moved to XI B )
Due to exorbitant issuance costs associate~..th the marketing and placement of commercml paper m
amounts of less than approximately $30.~uihon, ~t is not considered feasible for the City of Denton to
issue flus type of debt. In adchi~on, cltnes may legally only issue commercial paper for revenue-supported
projects, and only certain cities are pematted by state law to do so However, should the opportunity td
participate m a commercml paper issuance pool present itself, the advantages and dmadvantages shall
be evaluated by the Du'ector of F~scal Operatmns.
LONG-TERM DEBT (Moved to XII)
$5 $!9 _ ,^ ,n,.~
0iii. ....... .......... I~1~1.$~"'' - - ~ ..... ~ .......... ~ ............... ' .......... ' ..........
24
Page 4 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADM[NISTRATWE DIRECTIVE (Continued)
TITLE DEBT SERVICE MANAGEMENT REFERENCE NUMBER
403 07
Bonds (Moved to XILB.)
Long-term general obligation or revenue bonds shall be issued to finance slgmficant and desutable capital
improvement The general obligation bonds vail be used for purposes set forth by voters in bond
elections
General obhgation bonds vail have an average life of approxunately fifteen ¢15~ years or less, and
revenue bonds vail have an average life of approximately twenty (2) years or less
A resolution of intent to issue bonds authorizing staff to proceed vath preparations shall be presented for
the consideration of the City Council when the capital budget is presented or as soon thereafter ag
reasonably possible
All bonds issued for the purpose of supplying new monies as needed for current, ongoing pubhc
improvements shall be sold at a public, competmvc sale based upon sealed bids pursuant to terms end
conditions specified m the City's Home Rule Charter which requires the pubhcation of a proper notice
of sale m a national pubhcatlon winch regularly mcludes mumclpal bond sale notices, stating pertinent
facts relating to the proposed sale mcludmg, but not limited to, the ume, the date, and the place (which
shall be m the e_City of Denton) that all sealed bids vall be publicly opened, read, and tabulated before the
City Council The date advertised for opemng of the bids shall be not less than 30 days from the date
of publication
Certtficates of Obhgatton (Moved to XII C )
Certificates of obligation may be issued to finance permanent improvements and land acquisition, the need
for which arose between bond elections In ad&tiun, they may also be used to finance cost overruns or
to acqmre eqmpment
In accordance vath state law, a resolution authorizing publication of not,ce of intent to issue e_Certificates
of oObhgation shall be presented for the consideration of the City Council The not, ce of intent shall be
published m a newspaper of general c~rculation m the City once a week for two consecutive weeks vath
the first publication to be at least fifteen (15) days prior to the sale date
25
Page 5 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
!
TITLE DEBT SERVICE MANAGEMENT REFERENCE NUMBER ]
403 07
I
Pubhc Property Ftnance Contractual Obhgatton (Placed under XII D )
Public property finance contractual obhgat~ons may be issued to finance the acqmsitlon of personal
property
26
Page 6 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
ITITLE DEBT SERVICE MANAGEMENT REFERENCE NUMBER
403 07
Negotiated Sale [Placed under XIV B.)cnd Pr:;'c:c P!acc..'zcr.:
Bonds issued for the purpose of refun&ng and/or restmctunng outstanding debt may appropriately be sold
on a negotiated basis when maximum flerabdlty is required tn order for the City to respond to day-to-day
nuances m the marketplace and other comphcat~uns peculiar to the issuance of refunding debt Whenever
the option exists to sell an ~ssue on a negotiated basis, an analysis of the options shall be performed to
a~d tn the decmon-mal~ng process
In a negotaated sale, the underwriter may be selected through a request for proposals (RFP) or because
of a relationship estabhshed by previous debt lransactions The criteria used to select an underwriter lrl
a negotiated sale should include the following
· Overall experience
· Marketing plulosophy
· Capability
· Prewous experience as managing or co-managing parlner
· Financial statement
· Pubhc finance team and resources
· Breakdown ofunderwnter's d~scount
Btddmg Parameters(Plclced under XIV D )
The notice of sale roll be carefully constructed so as to ensure the best possible bid for the City, m light
of exmtmg market cundlt~ons and other prevailing factors Parameters to be examined include
· Limits between lowest and highest coupons
· Coupon reqmrements relative to the y~eld curve
· Method of underwriter compensation, chscount, or premium coupons
· Us~ of true interest cost (TIC) versus net interest cost (NIC)
· Use of bond insurance
· Deep d~ount bonds
· Variable rate bonds
· Call prows~ons
27
Page 7 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
I
TITLE DEBT SERVICE MANAGEMENT I~..NCE~BER I
403 07
28
Page 8 of 10
POLICY/AI)MINISTRATlVE PROCEDURE/AI)MINISTRATIVE DIRECTIVE (Continued)
SERVICE MANAGEMENT REFERENCE NUMBER ]
TITLE
DEBT
403 07
RATIOS (ReVlsed end t}laeed under VIII. Llrmtations of Indebtedness)
The Electric, Water, Wastewater, end Solid Wast~ Funds' total long-term debt outstanchng shall not
exceed the amount of combined fund eqmty
The City has both revenue bonds end other indebtedness of the Elecmc, Water, Wastewater, end Sohd
Waste Funds The City roll endeavor to maintain two coverage ratios 1 25 for revenue bonds,
"technical coverage" and 1 25 for ali indebtedness, "practical coverage"
(Placed un~er VI B. Material Events}Full (hsclosure of the operations will be made to the bond rating
agencies The City staff, with the assistance of the t~F_mencial o~_dvlsors end bBond eCounsel, will
prepare the necessary materials for en presentatton to the rating agenctes
29
Page 9 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
I
TITLE DEBT SERVICE MANAGEMENT REFERENCE NUMBER [
403 07
I
Cc::crc:
~cc;:rz:5:1:¢' (R~l~ed and placed u~
B~ame of ~ complem~ of ~e ~b~Wage re~a~ons ~d ~e sev~W of ~e pen~es for noneomph~ce,
· e admee of ~nd co~l ~d o~ q~fied ex~ ~11 ~ sou~t whenev~ questmm about ~b~age
rebate ~atmna m~
3o
Page 10 of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMiNISTRATIVE DIRECTIVE (Continued)
DEBT SERVICE MANAGEMENT REFERENCE NUMBER
403 07
The Director of Fiscal Operations will mmntam a system for trackang thc arbitrage rebate liability and
ensunng that reqmred calculations are performed on a tunely basis They will either perform internal
calculations or engage an expert to perform arbitrage rebate calculations at least annually Funds should
be set aside for any potentml hablhty so that sufficient amounts roll be available to pay any required
rebate amount.
31
REFERENCE LIST OF PROPOSED CHANGES
Existing Pohey
"Purpose" Section slightly rewsed
"Responslblhty" Section relocated to section "IV Respons~bthty and
Standard of Care" and redefined
"Short Term Debt" Relocated to section "XI Short Term Debt"
"Long Term Debt" Relocated to section "XII Long Term Debt" and
separated from other reclassified top~cs (XIII &
XIV)
"Ratios" Relocated to "VIII Limitations of Indebtedness"
"Official Statement" Relocated to "V Official Statement" and separated
from other topics, "VI Disclosure" & "VII Rating
Agency Commumcatlon & Credit ObJeCtives"
"Credit Enhancements" Relocated to "Glossary"
"Arbitrage Llablhty Management" Revised and relocated to "XV Investment of Bonds
Proceeds"
32
SALES TAX HOLIDAY
REVENUE ANALYSIS
SALES TAX REVENUE FOR CALENDAR YEAR 1999
CITY OF DENTON $ 14,472,143
STATE OF TEXAS $ 2,357,905,513
DENTON AS % OF TOTAL 0 6138%
ESTIMATED SAVINGS BY TAXPAYERS IN 2000 $37,000,000
ESTIMATED LOSS OF SALES TAX REVENUE $ 227,095
FOR CITY OF DENTON
SALES TAX REVENUE FOR SEPTEMBER 2000
CITY OF DENTON $ 1,153,016
STATE OF TEXAS $ 194,003,860
DENTON AS % OF TOTAL 0 5943%
ESTIMATED SAVINGS BY TAXPAYERS IN 2000 $37,000,000
ESTIMATED LOSS OF SALES TAX REVENUE $ 219,901
FOR CITY OF DENTON
Denton's Legt~lattve Prtortttes
Denton's Legt ~laltve Pt torttte~
Regtonal 7 ransportatton Councd
attd FX-21
[] Increase the level and availability of State
transportation funding
[] Streamline the Texas Department of Transportation
to make it more efficient
[] Fa{~l[itate the creation and expansion of mass transit
systems
HI Ta¥1's~ues
· Oppose - Enacting a satas tax exempgon that isn t a
local option exemption
Oppose - Enacting a property tax exemption that
would be a substantial erosion of the tax base
· Other tax issues - Support tnternet sales tax model
iegmlatlon
Denton Prtortttes Conttnued
· tV Erosion of local control
· Oppose legislation lim~bng the ability of c~ttas to
control the r~ght of way and to collect franchise fees
· V Support Denton lSD
· Increased state funding for children wch special
needs In public schools
Addtttonal Requests for Prtortty
lgtue,s
· Eva Poole Director of Library Services
· Increase suppor[ of Texas public libraries through TexS~lare and
Reque~,t~ Contra.ed
Requests Cottttnued
· C;ty of North Richland Hills
AGENDA INFORMATION SHEET
AGENDADATE December 5, 2000
DEPARTMENT Legal Department
CM/DCM/ACM Dorothy Palumbo, Senior Assistant City Attorney/Legislative Coordinator
SUBJECT: Receive a report, hold a discussion and take action on the TML Resolutions and
Denton Legislative Prmntles
BACKGROUND: Attached are the following documents containing legislative issues
1 l~enton Priority Items,
2 TML Resolution Committee Results,
3 Tabled and Fmled Resolutions,
4 City of Dallas's Legislative Program, and
5 Legislative Briefings and Recommendations for TML Resolutions
Eva Poole, Director of Library Services has requested that the Council add Direct Aid to Public
Libraries to the list of priorities The City of Richardson has requested that the city support ars
Photographic Red Light Enforcement program The City of Lewlsville has requested that the
Council support its positions on 8 liners and changes to the hotel/motel occupancy tax The
North Texas Commission has requested that the Council pass resolutions to improve Texas'
Surface Transportation Infrastructure and to improve Texas' Air Quality The City of North
Richland Hills has requested that the Council support having TXDOT install, maintain and
operate Traffic S~gnals for cities less than 100,000
RECOMMENDATION The Denton County Legislative Workshop will take place on
December 11, 2000 The Legal Department and City Staffrecommend that the Council ~dentffy
the priority ~ssues to be presented at the workshop The Council may want to walt until the TML
Board prlontlzes the Resolution Committee issues to pass a resolution in support of the TML
priorities The Council needs to identify issues that are not included m the TML Resolutions that
the Council wants to give priority to, support or oppose These ~ssues were ~dentffied in the
Legislative Briefing and Recommendations for TML Resolutions
PRIOR ACTION/REVIEW (Council, Boards, C~mmissions) Legislative Briefings and
Recommendations for TML Resolutions have been discussed in previous workshops
FISCAL INFORMATION None
Respectfully submitted,
Dorothy ~
Senior Assistant City Attorney/
Legislative Coordinator
Denton's Legislative Priorities
1. Sales Tax Holiday - Oppose expansion of the exempt ~tems or extension of
the length of time
a City has no option not to participate
b Other tax ~ssues - Support Interact sales tax
2. Support Public Transportation Issues by the Regional Transportation
Council and TX-21
a Increase the level and availability of State transportation funding
b Streamline the Texas Department of Transportation procedures to
make them more efficient
c FacIhtate the creation and expansion of mass transit systems
3. Development Issues and Fees - Retain local control over development and
development fees
a Support c~ty's right to access ~mpact fees and to recover impact fees
along state highways
b Oppose allowing Manufactured Housing in all residential areas
c Oppose leglslataon creating water districts in the ETJ and support
legislation to require water districts to notify and receive permission
from cities before formmg
d Amend State law to allow funding from the Conservation and
Reinvestment Act, HR 701, (pending federal legislation), to pass
through to local governments
e Limit County Development Districts
4. Erosion of local control.
Oppose legaslatlon hmitlng the abd~ty of cities to control the right of way
and to collect franchise fees
5 Support Denton ISD
Increased state funding for children with special needs in public schools
S \Our Documents\Pohcles\Denton's Leg;slatlve Pnortttes doc
TML RESOLUTION COMMITTEE RESULTS
RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
1 Appreciation / Annual Conference Mayor Kenneth Barr
TML President
2 TML Committee on Regulation of Committee Char Glenda Passed
Development - Oppose Legislation that Burdmk,
a Erodes authority to regulation Mayor, Rockport
manufactured homes
b Erodes current annexation authority
c Erodes condemnation authority
3 Seek introduction and passage of City of Lubbock Passed
legislation to regulate incomplete structures
as substandard structures
4 TML Committee on Municipal Revenue Passed
and Taxation
I Seek ~ntroductlon and passage
a Consolidate all court costs
b Interim study for local
revenue sources for
transportation projects
c Increase child safety vebacle
registration fee from $1 50 to
$3 00
d Allow a city to adjust its
effective tax rate calculation
to account for mandated
reductions in general fund
revenue
II. Oppose
a Enact a sales tax exemption
that isn't a local option
exemption
b Enact a property tax
exemption that would be a
substantial erosion of the tax
base
c Abohsh the authority of
cities to sue for delinquent
sales taxes or join in the
A G's lawsuit
d Repeal the requirement that
the comptroller notify cities
of dehnquent sales taxes
1
I RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
III Take no position on legislation
that would enact property tax
exemptions that are low and
would serve some benefit
5 Seek introduction and passage for all City of Arlington Passed
cities to obta, n Sales Tax Data from
comptroller regarding businesses that remit
$100,000 in local sales tax
6 Seek introduction and passage - amend City of Lubbock Passed
tax code to permit reties to offer Tax
Abatement of Personal Property
7 Seek introduction and passage to amend City of Lubbock Passed
the tax code to permit cities to recapture
property taxes when a business fails to
fulfill job creation obhgatlons
8 Support amendment to state law to allow City of Denton Passed
for funding under CARA
9 Support legislation that would authorize City of Leon Valley Passed
the collection of additional child safety fund
court fees for traffic offenses, which are
committed in school zones for all Texas
i cities
10 Seek introduction and passage to revoke City of Lewlsvllle Passed
exception from hotel occupancy tax
provided for stays of more than 30 days
11 Seek introduction and passage to clarify City of Arhngton Passed
that competitive bidding is not required on
expenditures of a Tax Increment Fund
12 Seek introduction and passage to delete City of Arhngton Passed
the requirement that the chairman's term
begin on Jan 1 for Tax Increment Districts
13 TML Committee on Natural Resources Committee Chmr Betty Passed
I Support legislation that would Jean Longona,
a With regard to Sections 401 and Counmlmember, Corpus
404 cert~ficatmns, prevent the Christ1
Texas Natural Resource
I Conservation Commission
2
I
I RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
(TNRCC) from expanding the
scope of ~ts act~wt~es beyond
that reqmred by law
b Prevent the TNRCC from
~mplement~ng any program that
wolates the Tenth Amendment
to the U S Constitution
c Estabhsh the right of crees to
recover expenses related to rate
case and complmnt dockets
w~thm a reasonable t~me and
reqmre ut~ht~es to recover rate
case expenses out of stockholders
eqmty when a rate case ~s found
to be unjustffied
d Prowde mandatory effective
dates for rate reductions and
refunds when these are awarded
to c~t~es by the Ratlmad
Commission
e Estabhsh and enfome penalt~e,
to be apphed to non-eomphant
utflmes
f Transfer heanngs of the Railroad
Comm~ssmn to the State Office
of Heanng Examiners
II Endorse legislation that would
a Allow TNRCC greater flex~bxhty
to move funds from one account
o another m order to meet ~ts needs
III Oppose legislation that would erode
Mumc~pal authority in any or that
Would otherwise be detrimental to
C~t~es, ~nclud~ng legmlatlon that
Would
a Increase fees prod by water or
Wastewater permlttees
b Impose state and local sales taxes
on water or wastewater servme
Sales
IV Take no poslt~on on leglslat~on
that would
a Transfer water rights jurisdiction
from the TNRCC to the Texas
Water Development Board
b Increase the amount of state
3
I RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
general revenue appropriated
to the TNRCC for water and
wastewater programs
c Reqmre counttes to ~mpose a water
or wastewater fee and submit ~t
to the state
d anthonze the TNRCC to use
petroleum storage tank fee
revenue for water and wastewater
programs
e reduce or ehmmate existing water
or wastewater programs camed out
by the TNRCC
14 TEX-21 - Comprehensive approach for A~r TML Regmn 13 Passed
Quahty legislation
15 TML Committee on General Government Committee Chmr Lloyd Passed
I Seek mtroduet~on and passage of Woods, Mayor, PIa~nvlew
leg~slatlon_that would
a ehm~nate or reduce the habthty
of exposure of a city for a clmm
based on ajomt enterprise theory
b allow mtms to enter into
"design-braid" contracts
II Support leg~slatmn that would
a increase from $15,000 to $25,000
the procurement amount at whmh
a city would be required to seek
competitive b~ds
b increase support of Texas pubhc
hbrunes through TexShare and
the L~brary of Texas for ~mproved
access to electronic ~nformat~on
c increase d~rect state a~d for pubhc
hbranes, so long as there is no
grant condltmns that prohibit
non-resident fees
d allow cities to employ
photographic traffic signal
enforcement
III Oppose legislation that would erode
mumclpal authority ~n any way or
that would otherwise be detnmental
to cities, lnclud~ng leg~slatlon that
would
4
I
I RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
a allow a city to adopt the city
manager form of government by
ordinance anstead of electaon
b dlmlmsh the authority ofcataes to
operate thear own, andependent
9-1-1 emergency service systems
c enact the Uniform Computer
Information Transaction Act
or any other act that would
negatively ampact a caty's use of
software
IV Take no posatlOn on leg~slatmn
that would reqmre that all
mumclpal elections be held on
one of the four umform electaon
dates
16 Support legislation to enable the use of Texas Purchasang Passed
anternet and technology an the baddang Management Assoc And
process the Caty of College Station
17 Seek introduction and passage of Caty of Arhngton Passed
leglslatmn to clarify awarding bids whmh
contain bad errors
18 Seek ~ntroduct~on and passage legaslatlon City of Arhngton Passed
to prequahfymg badders
19 Seek introduction and passage exempt Caty of Arhngton Passed
federal and state funds or hotel occupancy
tax funds for Competmve Bidding
requirements
20 Seek mtroduetaon and passage that Caty of Arlington Passed
Leasing of City Property is exempt from
bidding reqmrements
21 Seek mtroduetaon and passage to transfer Caty of Arhngton Passed
city owned land an conjunctaon with
economic development wathout havang to
competitively bad
22 Seek introduction and passage to clarify Caty of Arhngton Passed
that compet~tave baddang law includes any
procurement law includang the professional
servmes procurement law for sports and
venue projects
5
I RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
23 Support cancellation of special elections City of Levelland Passed
24 Seek introduction and passage to allows City of Lubbock Passed
governing body to Call General Elections
25 Urge the Texas Legislature to refrain from City of Seabrook and Passed
adopting Unfunded Mandates Others
a Create new obligations on the part
of Texas cities to provide non-
traditional services to its citizens
without the necessary funding to
carry out the sprat and provisions
of such legislation, and
b Create new statutes that hmlt or
remove the rights of Texas cities
to control land uses, business,
development, or the enforcement
of environmental impacts that
affect their lands or citizens, and
c Create exemptions for other
governmental agencies, special
districts, or other polltmal
subdivisions that would allow the
lmposmons of proJects, programs,
or developments without first
obtaining permission of the local
city in which such actions are
proposed, and
d Granting of exemptions, licenses,
or powers that would in any way
overrule, set aside, or provide any
exemptions to local land use
powers or provisions of the city
charters of Texas cities
26 Seek introduction and passage to mark City of Arhngton Passed
Beer Barrels with retmler to find
responsible party who made alcohol
available to minors
I RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
27 Seek introduction and passage controlling City of Arhngton Passed
alcoholic beverage establishments Serving
Alcohol when Minors ale on the premises
28 Seek introduction and passage to amend City of Arhngton Passed
the Code of Criminal Procedure to allow
Sobnety Checkpoints
29 Support Local Option Liquor Elections for City of Tatum Passed
multi-county cities
30 Support allowing cities to adopt an City of Beaumont Passed
ordinance to enforce criminal trespass as a
Class C misdemeanor
31 Seek introduction and passage increase City of Arlington Passed
Burglary of Vehicles to state jail felony
32 Permit general-law c~tles of 2,500 or more City of Farmersmlle and Passed
to adopt Home Rule powers City of Cehna
33 Support amending Section 142 00015 of Texas Municipal Human Passed
the Texas Local Government Code to make Resources Assoc~atlon
pohce departments subject to the Fair Labor
Standards Act
34 Support amendments to Chapter 143 / Texas Municipal Human Passed
Appointment of Assistant Pohce or Fire Resources Association
Chiefs rather than follow C~vll service law
35 Encourage amendments to Chapter 143 / Texas Municipal Human Passed
Selection of Candidates from a test using Resources Association
statistical score banding
36 Support Chapter 143 / Ehmlnatlng Vacant Texas Municipal Human Passed
Positions w~thm 60 days after vacancy Resources Assocmtlon
occurs
37 Support amendments to Chapter 143 / to Texas Mumclpal Human Passed
extend Probationary Periods of police and Resources Assomat~on
ftre to 18 months
RESOLUTION SUMMARY SUBMITTED BY ACTION
NLTMBER
38 Support allowing state-certified ammal City of Pres~tho Passed
control officers to adm~mster Rabies
Vacmnatlons and reqmre mandatory
trmmng for state-certffied animal control
officers
39 Support regulation of Wild Ammals by C~ty of North Rmhland Passed
requmng registration, insurance of H~lls and Others
$100,000 and adequate enclosures for the
ammal
40 Support prohibiting V~deo Slot Machines C~ty of Arhngton Passed
w~tlun the State of Texas (Same as above)
41 TML Transportation Task Force Task Fome Chmr L~nda Passed
a ~ncrease the level and avmlab~hty of Harper-Brown,
state transportation funding for Counc~lmember, Irving
construction and maintenance
b streamhne TXDOT to make ~t more
effective and effiment
c improve h~ghway safety and
mmdent management
d facthtate the
creatmn/expanslon/enlargement of
mass transit systems
42 Con'nnend TEA-21 for efforts on Federal TML Region 13 Passed
H~ghway Funding to guarantee a m~mmam
of 90 5% rate of return
43 TX- 21 Support Graduated Drivers' TML Region 13 Passed
Lmenses to decrease teenage acmdents
44 TX-21 - Truck Penmtt~ng so that over- TML Region 13 Passed
weight trucks should not be allowed to
cross budges
45 Seek introduction and passage mandated City of La Grange Passed
Truck Routes on a roadway not entirely
w~thm the mty
46 Support TxDOT ~nstall, malntmn and C~ty of North Rachland Passed
operate Traffic Signals for reties less than H~lls
100,000 upon request of mty councd, mayor
I or c~ty manager
I TABLED OR FAILED TML RESOLUTIONS
RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
3 Oppose legislation restnetmg city authority C~ty of Watanga and Others Same as 2a
to regulate manufactured homes Tabled
(Same as 2a, above)
4 Oppose reforms mandated in H B 2045 that City of Watanga and Others Same as 2
substantially reduces Impact Fees Tabled
6 Seek introduction and passage of legislation City of Arlington Failed
amending zoning laws to create an
administrative hearing officer to grant
routine variances instead of the Board of
Adjustment
7 Support county subdlvlsxon platting City of San Mar¢os Failed
authority as follows
a County adjaeent to a county with a
population over 500,000 to adopt
minimum standards for impervious
cover, stormwater retention and
pollution elimination
b County adjacent to a county over
500,00 to adopt zomng controls
c County authority to charge impact
fees
d County notification procedures for
resubdlvlslon
e County authority to deny utility
connections to improper subdivision
f County authority to establish
planning commissions
9 TML urge the legislature to exercise Caty of Watauga and Others Same as Policy
extreme caution m the granting to other and Report
further sales and use tax exemptions Tabled
including broadening the period of the sales
tax holiday
10 Support - Impose Sales Tax in the ET~* of City of South Padre Island Failed
General Law Cities
17 Seek introduction and passage to authorize City of Arhngton Failed
a local election to increase local sales tax
and or a tax on vehicle hcense registration
for street matntenance and repair
RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
20 Seek introduction and passage to remove City of Arhngton Failed
the $135 mllhon maximum limitation on
bonds payable from 4B sales tax and
provide for continuance of 4B corporation
24 Support increasing compet~tlve bidding to Texas Purchasing Same as IIa
$25,000 Management Assoc Tabled
And the City of College
Station
25 (Same as above) City of Arlington Tabled
27 Assist 9-1-1 / City Providers with TML Region 13 Same as 23 IIIc
legislation to operate independent 911
systems
28 Oppose the establishment of 9-1-1 Call Cay of Arlington Tabled
Centers
29 Photographic Red Light Enforcement TML Region 13 In General Govt
(29 - 36 are all the same) Report - Tabled
30 Photographic Red Light Enforcement Town of Addison In General Govt
Report - Tabled
31 Photographic Red Light Enforcement City of Arlington In General Govt
Report - Tabled
32 Photographic Red Light Enforcement City of Universal C~ty In General Govt
Report - Tabled
33 Photographic Red Light Enforcement City of Unlverslty Park In General Govt
Report - Tabled
34 Photographic Red Light Enforcement City of Plano In General Govt
Report - Tabled
41 Oppose legislation that erodes authority in a City of Watauga and Others Tabled
mty's right of way
45 Seek introduction and passage to allow city City of Arlington Motion to Allow
over 250,000 to regulate Alcohol in Parks all Cities -
Tabled
50 Support establishment of statewlde deposit City of Arhngton and Others Tabled
system for glass and plastic bottle deposits
RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
59 Chapter 143 / Probationary Penods Texas Police Chiefs Tabled
(Same as above) Assoclatmn
60 Support specmlty pay for pohce or City of Lubbock Tabled
firefighters who maintain Chapter 143 /
Physical Fitness
61 Add Collective Bargalmng for all city C~ty of Port Arthur Failed
employees not only police and fire
employees
64 Amend Texas Constitution to allow public C~ty of Alvin Tabled
school teachers to receive council pay
65 Request Zip Codes realignment between City of Temple Tabled
Belton and Temple
66 Request reestabhshes the easement to the City of Galveston Tabled
submerged land under Flagship P~er to
allow for the p~er to be ~mproved for
tourism
67 Adopt resolution for Dallas Cowboys to TML Region 5 ~ Tabled
hold camp an Wmtnta Falls
68 Seek ~ntroductlon and passage for food City of Arlington Tabled
handlers to use D~sposable Gloves
69 Observe Halloween on last Saturday of City of San Marcos Tabled
October
70 Seek introduction and passage of legtslatmn City of Lew~swlle Tabled
to prolublt use of Eight-Liners and similar
gambhng dewces
74 TX-21 encourages state to proact~vely TML Region 13 Tabled
momtor and analyze trade comdors through
the development, momtonng and
documenting Corridor Zones and set a
dollar amount for the comdor zones
75 TX-21 encourages state to develop and TML Region 13 Tabled
amplement a coordinated and
comprehensive statew~de analys~s of surface
roadway access issues for Intermodal
Famhtles and set a dollar figure for all
necessary surface roadway improvements
RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
76 TX-21 Support Alternate Funding of non TML Region 13 Tabled
highway portions of the Texas Department
of Pubhc Safety
77 TX-21 - Support moving the point of TML Region 13 Tabled
collection of State Fuels Tax to the
distributor level to the terminal level
78 TX- 21 - Support ending Vehicle TML Region 13 Tabled
Registration Fees contributions to the State
General Revenue Fund
79 TX-21 - TXDOT pay portion for Toll mad TML Region 13 Tabled
Fundmg without repayment requirements
80 TX-21 - Support Transportation Funding / TML Region 13 Tabled
Fund 006 back to Fund 6
81 TX-21 -Transportation Funding / Fund 006 City of Euless and C~ty of Tabled
(most of this same as above) Haltom City
a stop diversion of state transportation
funds from Fund 6 to non-
transportation purposes
b Redirect transportation fees and
taxes collected by DPS from general
revenue to Fund 6
c Move the state motor fuel tax point
of collection from the dlstnbutor
level to the terminal level to reduce
from two to one the number of
collections systems
d End the vehicle registration fee
subsidy of the general revenue fund
by continuing the allocation of 5%
of vehicle sales tax to counties by
changing the funding source from
vehicle registration fee receipts to
vehicle sales tax receipts
82 TX-21 - Encouraging Linear Trade Zones TML Region 13 Tabled
so local communities along international
trade corndors could voluntanly coordinate
economic development activities
83 TX-21 Support Road-Budding Efficiency TML Region 13 Tabled
a allow mad building partnerships
between TXDOT and toll authontles
b allow cities to service as project
managers for MPOs
RESOLUTION SUMMARY SUBMITTED BY ACTION
NUMBER
c expand the avadable procurement
models for road-bmldmg to allow
more efficient project
d development of work teams w~th
representatives form each affected
entity such as TXDOT w~th crees,
counties, etc
e use of work teams to estabhsh
project work schedules
f early acqmsmon of right of way
through consorttum of pubhc/pnvate
partners
g use of right of way survey for utd~ty
relocation
h use of spht cost agreements that
apply to cost ovemms
1 permlttmg the same contractor to
build a road project and prowde for
cleanup
j use of~nnovat~ve techmques such as
requmng wan'anty periods for roads
and ~ncentlves for early completion
84 TX-21 Support ~ncreas~ng TXDOT TML Region 13 Tabled
Resources more staff, increase salines of
engineers, greater project approval at local
level, and creatmn of standards for right of
way
88 TX-21 - State appropriate funds for TML Region 13 Tabled
Accident Data Collection System that can
be accessed by law enfomement personnel
89 TX-21 GARVEE Bonds should be ~ssued TML Region 13 Tabled
by State based on amount of projected
federal highway revenue ~n accordance w~th
ex~st~ng transportation formula
90 TX-21 - create new Transportation Bonds TML Regmn 13 Tabled
revolwng fund to support bonded ~ndebt
ness
91 TX-21 - Constitutional amendment for City of Euless Tabled
Transportation Bonds for road projects to
the extent that state transportation funds are
avmlable to secure bond debt
RESOLUTION , SUMMARY ,, SUBMITTED BY ACTION
NUMBER
92 TX-21 Support state lmt~at~ves to enhance, C~ty of Euless Tabled
develop and ~mplement Rap~d Transit
Development
Late Resolutions
1 Parks - park funding & park operatmns Tabled
2 ICC Fmled
CITY OF DALLAS
October 16, 2000
To Members of the Texas State Legislature
We are pleased to present the Qty of Dallas State Legislative Program for the 77t" Session of the
Texas Legislature, as approved by the Qty Council on September 13, 2000 The Program includes
pnonty legislative proposals in the areas of public safety, code enforcement, and purchasing
Additionally, zomng of open-enrollment charter schools, discouragement of SLAPP su~ts, and tax
shanng agreements m relation to DFW International Airport are priorities for which we are seeking
leg~slabve action
We know that the next session w~ll be a busy one and we look forward to working w~th you and your
staff on ~ssues of common concern
Ronald K~rk Sandy Greyson, Chair
Mayor City Council Legislative Affairs Committee
bw
OFFiCEOF'tHEMAYORANOCrlr~COUNCIL. CITYHALL DALLAS TEXAST5201 TELEPHONE214670405Oor6704054
TABLE OF CONTENTS
CITY OF DALLAS MAYOR AND CITY COUNCIL v
CITY MANAGER, CITY ATTORNEY AND INTERGOVERNMENTAL SERVICES STAFF w~
DALLAS CITY COUNCIL RESOLUTION ADOPTING STATE LEGISLATIVE AGENDA
TAB 1- PRIORITY ITEMS 1
Allow the use of photographc ~'affic mon~tonng systems to address red hght runr~ng 2
Allow for confisca'~on of any firearms or other deadly weapons at scenes of domes'oc v~olence
as necessary for the protec~on of the peace officer or other persons present 3
Require open-enrollment charter schools to comply w~th municipal zoning ordinances 4
Allow munlclpal~es to regulate the use of c~ty-owned fac~h~Jes for gun shows5
Authorize automatic suspension of permits for fourth and subsequent wolabons for alcohohc
beverage estabhshments 6
Amend state law to d~scourage lawsuits that are intended to discourage parbc~pabon ~n the
pubhc,process (SLAPP suits) 7
Pursue legislation to facd~tate mterlocal tax shanng agreements between DFW Interna~onal
A~rport and ~ts non-proprietor c~bes 8
0 h~r Pubhc Safety Proposals 9
¢ ~ange the statute of hm~ta~ons for sexual assaults from five to ten years 10
Allow for a 48-month (rather than the currently required 24-month) period for mandated
training for peace officers and county jalers 11
Enhance the penalty class to a 'q'hlrd Degree Felony" for persons conwcted under the
Unauthorized Use of a Vehicle section of the Texas Penal Code 12
Specify that a search warrant affidawt, once executed, may be accessible only ~n accordance
with the Pubhc Informa~on Act 13
Enhance the penalty class to a "state jail felony" and provide for a mandatory 2-year
suspension of hcense for persons using a vehicle when ~n flight from a law
enforcement official 14
City of Oallea 2001 State Legl,'~letlve Program Page i
Tab I -Pnonty Items, Publ;c Safety, continued
Make tt a common and public nutsance for a person to knowingly matntam a place to whtch
persons habitually go for the purpose of engaging In voluntary acts of public lewdness 1
Include tn the definltlon of "sexual contact", the touching of any part of another person's body
w~th the actor's anus, breast or any part of the genitals w~th ~ntent to arouse or gratify the
sexual desire of the person 16
Change the population and distance requirements for regulation of alcoholic beverage
estabhshments 17
Include wolatJons of the penal code or other Texas laws when cons~denng an alcoholic
beverage establishment to be a nuisance 18
Enhance the penalty class to a "state jad felony" for any actor that has a prewous conwc~on
under the Gambling Promobon SectJon of the Texas Penal Code 19
Enhance the penalty class to a "state jail felony" for persons who have three or mere
conv~ct~ons under the Prostitution Section of the Texas Penal Code 20
Enhance the penalty class to a "state ja~l felony" for persons conwcted under the Tampenng
w~th Identification Numbers Section of the Texas Penal Code 21
Allow clbes to limit the number of alcohol-related businesses within a specific area 22
Code Compliance Proposals 23
Allow munlclpahbes to notify property owners, I~enholders and mortgagees of Urban
Rehabtl~tat~on Standards Board (URSB) heanngs and orders by personal delivery or
certified mai, return-receipt requested 24
Define due dd~gence nobficatJon efforts for URSB heanngs and orders 26
Allow "Unclaimed" or "Refused" mad to be deemed delivered for URSB heanngs and nonces 27
Permit establishment of an administrative adjudication heanng procedure under which a c~wl
fine may be imposed for code wola'oons 28
Eliminate dlsbnctions on how to post notJces on prope~es 29
Allow abatement of hazardous ~'ustee-assigned properbes 30
Authorize mun~ctpal~t~es to appoint as many Budding and Standards Commission members
as it deems necessary 31
Enable a c~ty to access birth and death records for the purpose of locating owners of
substandard propertJes 32
City of Dallas 2001 State Legislative Program Page
Tab '1- Pnonty Items, continued
Purchasing Proposals 33
Amend Chapter 252 of the Local Government Code to alter the competitive b~dd~ng law
affecting mun~c~pal~bes 34
Expand the definition of professional services to include any service requlnng a hcense Issued
by the State of Texas 35
TAB 2- SUPPORT ITEMS 36
Allow Dallas County the abd~ty to financially support the Dallas Zoo and Aquarium 37
Zoning of Personal Care Fac~htJes 38
Increase the number of Enterprise Zone project designations for cities with populabons over
250,000 39
Authorize a nonprofit enfJty to become an ehg~ble recipient, on behalf of a mumc~pahty, for the
purpose of assembling, reserving and holding tax-foreclosed or seized real property for future
sale to other non-profits proposing to develop affordable housing 40
Support submitted resolutions proposed by the Transporta'aon Excellence for the
21~t Century CoahtJon (TEX-21) 41
Waive fees charged by the Secretary of State to municipalities for dehvery of criminal complaints
on corpor~ons who fad to register or mantan current mformat~on 42
Create a bottle deposit system for glass and plastic bottles 43
Prowde additional incentives for Enterprise Zone projects 44
Endorse efforts of the Texas Clean A~r Working Group 45
Eliminate difficult ehglbdlty cntena for local tax incentives for brownfields redevelopment 46
Authorize mun~c~pahbes to secure hotel occupancy tax habd~ty by fihng a hen on the owner's
property 47
Allow tax abatements for taxable real property with either the owner or the leasehold owner or
tenant 48
Address hcense plate ~ssues of registered vehicles 49
Authorize mumclpah~es to hold hable any persons who receive or collect taxes 50
Cl~y of Dallas 2001 State Legislative Program Page
Tab 2 - Support Items, continued
Allow the Qty of Dallas to pa~clpate ~n the Stats General Services Commission's contract for
travel services 51
Allow demal of vehicle reglstrabon renewal for Ind~wduals w~th outstanding parking ~ckets 52
Require disclosure of sales price when recording deeds that convey an interest in real property 53
Clanfy the relationship between a mun~c~pahty and ~ts annexation capability w~thm Its
extraterntonal junsdlc+aon 54
Allow the City to charge interest on dehnquent municipal hotel taxes and the addlbonal hotel
taxes as authorized by the Bnmer B~ll 55
Amend venous sections of the Texas Property Tax Code 56
Add commercial packaging of a beverage labeled "beer" as ewdence that ~t meets the definlbon of
"beer" and the definCJon of"alcohol" 58
Enhance the penalties for persons conwcted under the Racing on H~ghways Section of the Texas
Penal Code 59
Ensure that the Texas Department of Transportation be responsible for mantenance along
highways within urban areas 60
TAB 3- ENDORSEMENT ITEMS 61
Allow mumclpah'oes to collect the $4 technology fee beyond the current explraaon date of
September 1, 2005 and to prowde the funding mechamsm for future system replacements 62
Increase fees to allow for full cost recovery for producing cop~es of accident reports 63
Amend the Texas Code of Cnm~nal Procedure so that ~t clearly states that trials in mumclpal
court shall not be b~furcated and that punishment evidence shall be admissible m the thai 64
Prohibit severing of offenses which have been consohdated or joined for t~al 65
Allow for the c~tatJon to serve as the charging document for all purposes including b'~als and
warrant ~ssuance 66
Allow non-profit development corporations to receive tax money from the state exc~se tax on
alcohohc beverages for economic development purposes in urban areas with h~gh levels of
unemployment, dechn~ng neighborhoods, and a h~gh concentra~on of liquor stores 68
City of Datlas 2001 ,State Legislative Program Page
,
CITY OF DALLAS '
Mayor and Qty Council
1999-2001
Qty Hall, Room 5EN Qty Hall, Room 5FS
Dallas TX 75201 Dallas TX 75201
Mayor Eon Kirk Councdmember Maxme Thornton. Reese
D~stnct t5, At Large 214/870-0781
214/670-0773 D~str[ct 4
Mayor Pro Tam Mary Poss Councdmember Barbara Mallory Caraway
D~stnct 9 214/670-0776
214/670-4069 D~stnct 6
Deputy Mayor Pro Tern Steve Salazar Councdmember James L Fantroy
Dtstnct 1 214/670-4066
214/670-4052 D~stnct 8
Qty Hall, Room 5FN Counc~lmember Alan Walne
Dallas TX 75201 214/870-4068
D~s~ct 10
Councdmember John Loza
214/670-4048 Councdmember Lo~s F.nkelman
D~stnct 2 214/670-7817
D~stnct 11
Councilmember Laura Mdler
214/670-4199 Counc~lmember Veletta Forsythe Ldl
D~stnct 3 214/b70-5415
DIs~ct 14
Counc,lmember Donald W H,II
214/670-0777
D~stnct 5
Counc,lmember Leo V, Chaney, Jr
214/670-4689
D~str[ct 7
Councdmember Sandy Greyson
214/670-4067
D~strlct 12
Councdmember Donna Blumer
214/670-3816
D~strlct 13
Qty of Dallas 2001 Slale Legislative Program Page v
Map of Councd Dmtncts
CITY OF DALLAS
!
3 '""
D~S CI~ COUNCIL 1999-200i
1 Steve Salazar, 5 Donald W H~II 9 Ma~Poss, 13 Donna Blumer
Depu~ Mayor P~ Tern 6 Barbara Mallo~ Caraway MayorPm Tern 14 Veletta Fors~he Ldl
2 JohnLoza 7 LeoV Chaney, Jr 10 AlanWalne 15 Ron~rk
3 Laura Mdler 8 James Fantroy 11 Lorn F~nkelman Mayor(at Large)
4 Maxtne Thomton-Reese 12 Sandy Greyson
~ ~N ~, m~)~ "Mayl0 2000
City of Dallas 2001 State Leglslabve Pmgram Page
City of Dallas -- City Manager, City Attorney and Intergovernmental Services Staff
C~ty Hall, Dallas TX 75201
Teodoro J Benawdes Madeleme B Johnson
C~ty Manager City Attorney
Room 4EN , Room 7CN
214/670-3296 214/670-3491
Ma~J K Suhm Larry Casto
Rrst Assistant C~ty Manager Assistant C~ty Attorney
Room 4EN Room 7DN
214/670-5306 214/670-1330
Charles W. Danmls Brett W~lkmson
Assistant C~ty Manager Intergovernmental Affairs Manager
Room 4CN Room 2BN
214/670-3390 214/670-5797
Ryan S Evans Eric Griffin
Assistant C~ty Manager Intergovernmental Affairs Coordinator
Room 4CN Room 2BN
214/670-3314 214/670-5732
J~ll A Jordan, P E Gloda Regmter
Assistant City Manager Intergovernmental Affars Coordinator
Room 4DN Room 2BN
214/670-5299 214/670-6959
Jacquehne L. Lee
Assistant City Manager
Room 4BN
214/670-6942
Ramon F I~lguez, P.E.
Assistant C~ty Manager
Room 4DN
2t4/670-3308
Cover photo credr~s
Downtown Dallas looking east from the Tnn~y River Photo courtesy North Central Texas Council of Governments
Texas,~teteCaprtol CopynghtAIlenMatheson
,
City of Oatlas 2001 State Legislative Program Page v#
00 o
$52
COUHCIL. CHAMSER
Se=tember 13, 2000
WHEREAS, the Seventy-seventh Texas Legislature will convene in January, 2001, and
WHEREAS, many leg~slabve ~ssues affecting local government wdl be considered, and
WHEREAS the C~ty of Dallas has h~stoncalty adopted a leglslabve program for
consideration by the Legislature, and
WHEREAS, the C~ty Council has rewewed and approved the Leg~slabve Affairs
Committee's recommendabons ~n full,
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS,
SECTION I That the 2001 state legislative program for the C~ty of Dallas ~s
adopted as recommended bythe Legmlatlve Affairs Committee and approved bythe
C~ty Council
SECTION 2 That the C~ty Attorney ~s d~rected to commumcate the ~tems ~ncluded ~n the
state leg~slabve program to members of the Texas Legislature
SECTION 3 That, for those ltem~ designated as priority, the City Attorney is d~rected
to draft appropriate legislation, seek a sponsor, and acbvely pursue passage of such
legislation by provld~ng tesbmony and through other means
SECTION 4 That, for those ~tems designated as support, the C~ty Attorney ~s d~rected
to acbvely attempt to obtain passage of the appropriate leg~slatmn ~f ~t ~s ~ntroduced by
some other entity
SECTION $ That, for those ~tems designated as endorse, the City Attorney ~s
d~rected, as t~me allows, to commumcate to appropnate ~nd~wduals the C~ty Council's
general support of such legislation
SECTION $ That the C~ty Attorney ~s d~rected to oppose any legislation which
d~mlnlshes the C~ty of Dallas' home-rule authority
SECTION 7 That, th~s resolubon shall take effect ~mmed~ately from and after ~ts
passage m accordanceA~ttRt3'a~13'~s~ons of the Charter of the C~ty of Dallas and ~t is
accordingly so resol~-y CO U N C IL
SEP 1 3 2000
City of Dallas 2001 State Legislative Program Page
PRIORITY ITEMS
City of Dallas 2~01 State Legislative Program Page I
Proposal
Amend the Texas Transporta'~on Code, Section 542 202(a) to allow the use of photographic traffic mon~tonng
systems to address red I~ght running
I Back~round ~
Section 542 202(a) of the Transportation Code outhnes the authonty of local governments to provide pohce
powers, but does not contan language that allows for the ~mplementat~on of automated enforcement
Therefore, local governments are unable to use photograp h~c traffic mon~tonng systems to enforce traffic laws,
such as red light enforcement
This legislative change was previously proposed under HB 1152 and SB 573, but the bdls were unsuccessful
Based on the following reasons, It Is urgent for the Qty of Callas to pursue legislative changes that wdl allow
cities to ~mplement automated red I~ght enforcement
Red fight running has become an ~ncreaslngly serious problem nationwide Researchers have found that
fa~Img to stop at traffic control devices, such as red I~ghts and stop s~gns, ~s the most frequent cause of urban
collisions The problem ~ntens~fies ~n h~gh volume traffic areas such as the Dallas/Fort Worth metroplex
G~wng local governments the authority to use photographic traffic mon~tonng systems for red light enforcement
would greatly benefit the safety and welfare of the public
Recommendation
Amend the Texas Transportation Code, Section 542 202(a), to ~nclude language g~wng c~t~es the authority to
~mplement automated enforcement techniques to address red fight running
Pohce departments nationally are trying to curb the ~ncreas~ng t~de of red hght runners Issuing a red I~ght
c~ta~on, however, often requires an officer to follow the red hght runner through the ~ntersect~on "on red",
placing both the officer and other ~nnocent drivers ~n danger The intent of the proposed leglslatlon Is to help
the police m the pursuit of safe dnwng conditions
change the mmdset of red I~ght traffic wolators
reduce the number of wolators
C~ty of Dallas 2001 State Legislative Program Page 2
Amend the Texas Famdy Code, Title 4 Protective Orders and Family Violence, to allow for confiscation of any
firearms or other deadly weapons at scenes of domestic wolence as necessary for the protection of the peace
offcer or other persons present
Back round ,
In 1999, twenty-two people were murdered ~n the c~ty of Dallas as a result of domestic wolence Numerous
officers throughoutthe Un,ted States have been k~lled ~n the hne of duty responding to domestic v~olence calls
Atthe scene of a domestic wolence call, off~cers confiscate anyweapon used m the commission of the offense
as ewdence
I Recommendat,on ....
n
Amend the Texas Family Code, T~tle 4, Protective Orders and Famdy violence to include a law, ConfiscatJo
of firearm at scene of domestic v olence ' Th~s would allow officers to temporarily take any firearm or other
deadly weapon in plan s~ght or d~scovered pursuant to a consensual search as necessary for the protection
of the peace officer or other persons present Included ~n th~s law, the agency that took the weapon could
~n~ate a petition ~n a superior court to determine if the firearm or other deadly weapon should be returned
Ilmpact ~...._... ~ .
The ,ntent of the proposed legislation would be to make a Iocabon safe for the pohce officer who responds to
domes'ac wolence calls and for the v~c'~m who has been threatened or assaulted If the agency determines
that it ~s unsafe for the weapon to be returned due to a criminal h~story, a superior court could rule the weapon
be destroyed Any weapon taken out ofthe hands of a wolent offender could save another person fr°m future
serious bodily ~njury or death
Qty of Dallas 2001 State Leglslattve Progrern Page
Amend the Texas Education Code, Section 12 103, to require open-enrollment charter schools to comply with
municipal zoning ordinances
Back~round ~
A charter school Is a relatively new type of pubhc school created and authorized by the Texas Legislature
There are three categories of charter schools "home-rule school d~stnct" charter schools, "campus/campus
program' charter schools, and "open enrollment" charter schools The first two types are managed by local
mdependentschoold~stncts The th~rd type, however ~snot Open-enrollment charter schools are regulated
by the State Board of Education in Austin, and may co, ,:e~vably locate m any area without the approval of local
elected officials
Texas courts ~n the past have prevented c~t~es from ~nterfermg w~th school board decisions as to where to
locate school fac~ht~es In those cases, the Iocatlonal decisions were being made by elected officials famdlar
w~th and accountable tothe local community The rationale for exempbng pubhc schoolsfrom municipal zoning
ordinances d~sappears when school board members are no longer ~nvolved m the decision-making process
Pubhc review procedures for open-enrollment charter schools are necessary to protect the health and safety
ofour school children and ensure compatibility w~th surrounding uses Local elected officials are the ones best
suited to oversee such procedures
I Recommendation
Amend Section 12 103 of the Texas Education Code to read as follows
"§ 12 103 Apphcablhty of Laws and Rules to Open-Enrollment Charter Schools
An open-enrollment charter school Is subject to federal and state laws and rules
governing pubhc schools, and to municipal zomnq ordinances, except that an open-
enrollment charter school ~s subject to th~s code and rules adopted under this code
only to the extent the apphcabd~ty to an open-enrollment charter school of a provision
of th~s code or rule adopted under th~s code ~s specifically prowded"
I Ira act .....
The proposed legislative amendment would avoid potential lltlga~on by eliminating all doubts as to the City's
authority to regulate the location of open-enrollment charter schools
C~ty of Da#as 2001 Slate Legislative Program Page 4
I Proposal
Amend the Texas Local Government Code, Section 215 001, to allow munlc~pahtles to regulate the use of city-
owned faclhtles for gun shows
State law prohlbffs a munlclpahty from adopbng regulations related to the transfer, private ownership, keeping,
transportation, hcens~ng, or registration of firearms, ammunition or firearm supphes
IRecommendat, on ,
Amend Section 215 001, Texas Local Government Code to include the authority of a municipality to regulate
the use of city-owned property for purposes relatJng to firearms and explosives, by addln g a s ubsectlon to read
as follows
§ 215001 Rrearms, Explosives
(a) A munlclpahty may not adopt regulations relating to the transfer, private ownership, keeping, transportation,
hcens~ngl or registration of firearms, ammunition, or firearm supphes
(b) Subsection (a) does not affect the authority a municipality has under another law to
require residents or pubhc employees to be armed for personal or national defense, law enforcement, or
another lawful purpose,
2 regulate the d~scharge of firearms w~thln the limits of the munlclpahty,
3 regulate the use of property, the location of a business, or uses at a bus, ness under the municipality's fire code,
zoning ordinance, or land-use regulations as long as the "ode, ordinance, or regulations are not used to
circumvent the intent of Subsection (a) or Subd~ws~on (5) of this subsection,
4 regulate the use of firearms ,n the case of an Insurrection, not, or natural d,saster ~f the mun~c~pahty finds the
regulations necessary to protect public health and safety,
5 regulate the storage or transportation of explosives to protect pubhc health and safety, except that 25 pounds
or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer
are not subject to regulation,
6 regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code, at a
(A) pubhc park,
(B) pubhc meeting of a munlclpahty, county, or other governmental body,
(C) political rally, parade, or official pohtlcal meeting, or
(D) nonfirearms-related school, college, or professional athletic event, or
7 reqq ate the use of property owned by the municipality for purposes re atln,q to the transfer, pnvate ownership
keel~m~, transportation, hcenslnq, or re,qls rat on of firearm~, ammunition, or firearm supplies
(c) The exception prowded by Subsection (b)(6) does not apply ~f the firearm Is In or ~s carried to or from an area
designated for use ~n a lawful hunting, fishing, or other sporting event and the firearm ~s of the type commonly used
In the activity
Ilmpact ........
The proposed amendment to state law w~ll prowde a munlcrpahty with authority to ~mpose standards for the
use of c~ty-owned fac~htles that are ~n the best ~nterest of the health, safety and welfare of its c~t~zens
City of Dallas 2001 Stale £egl$1at~ve Program Page ~
IPropos~l ~
Amend the Texas ^lcohollc Reverage Code 11 ~1 (b), to authorize automatic suspension of permits ~or ~ourth
and subsequent wolat~ons for alcoholic beverage establishments
IBackground ~
The provision states that the commission or administrator may suspend for not more than 60 days or cancel
an original or renewal permit ~f ~t ~s found, after not~ce and heanng, that any of the following ~s true
I Recommendation
Amend the statute to read, "the commission or administrator may suspend for not more than 60 days or cancel
an original or renewal permit unless ~t ~s the fourth wolat~on Fourth and subsequent wolatlons would result
~n automatic th~-day suspensions ~f tt ~s found after not~ce and heannq, that any of the followmq ~s true
~act
To I~m~tthe broad d~scret~on of the commission or administrator ~n setting suspensions and to hold the alcohol
estabhshments more accountable for wola~ons that occur ~n or on their premises Frees are ~nsuffic~ent to
curtail repeat wolat~ons and are considered a cost of doing bus~ness for non-conforming establishments
C~ty of Datles 2001 State Legislative Program Page 0
IProposal
Amend state law to d~scourage lawsuits that are ~ntended to d~scourage participation ~n the pubhc process
(SLAPP SUITS)
Every Texan has the right to parbc~pate ~n c~wc affars, to speak freely on pubhc ~ssues, and contact their
elected officials about ~ssues that concern them Despite the cons+Jtut~onal guarantee, some part~es attempt
to d,scourage part,c~patJon m the pubhc process by threatening elected offictals, private c¢~zens or
neighborhood groups with lawsuits These lawsuits are somCmes call SLAPP su~ts (_Strategic Lawsuits
Agalnst_Pubhc PartJclpa~on)
SLAPP su~t, plaintiffs frequently use ordinary clwl claims such as defamation, conspiracy, malicious
prosecut[on,~ nuisance, and to~ous interference w~th contract, as a means of ~'ansform~ng legitimate pubhc
debate into a lawsuit Wh~le thesc su~ts are rarely successful m court, they can be very successful ~n chilling
debate and m discouraging the average cl'azen from participating In the pubhc process Qu~te s~mply, the cost
of defending one of these lawsuits can be enough to ~nt~m~date even the most stalwart of pubhc m~nded
c~t~zens Fearful of being the target of future ht~gat~on, other c~tJzens also refrain from speaking out
I Recommendatlon
Amend the Qwl Practice and Remedies Code to provide that a Defendant may recover ht~gat~on expenses if
the Plaintiff does not prevad m su~ts based upon communications relating to, or a decision made by, a
government official concerning matters pending before governmental ent~t~es In addition, gwe judges the
d~scret~on to require the posting of security for IVagat]on expenses where the court finds that the claim arises
out of participation by a citizen or neighborhood group in a public process Further, prowde thatthe defendant
shall be entitled to recover actual damages ~f the action ~s brought m wolat~on of Chapters 9 and 10 of the Ciwl
Practices and Remedies Code (retatmg to frivolous acbons)
Impact ...................
Qt~zens and neighborhood groups wdl be prowded addCJonal protec'oon from the most grievous type of
fnvolous lawsuits, those lawsuits ~ntended to quell our c~t~zens' right to free speech
C~ty of D,~ltas 2001 $1afe Legislative Program Page 7
IProposaI ,~ ,.
To ensure that legislation ~s enacted, as may be necessary, to facilitate ~ntedocal tax shanng agreements
between the Dallas/Fort Worth International A~rport Board and ~ts non-proprietor cities
IBack~round
Although the Dallas/Fort Worth International A~rport Board ~s owned by the C~t~es of Dallas and Fort Worth, the
vast majority of the A~rport's property falls w~thm the municipal boundaries of Grapewne, Irwng, Euless and,
to a lesser extent, Coppell Because the A~rport falls w~thm their boundaries, these c~tles have h~stoncally
reaped a s~gn~ficant amount of tax benefit from DFW A~rport In fact, a study prepared by KPMG Peat Marwick
estimated that ~n 1995, Grapewne rece,ved $9 3 m~lhon, Euless recewed $500,000 and Irving received
$334,000 ~n taxes and fees from operations on DFW A~rport property In contrast, DFW Airport expended, in
the same year, more than $32 m~ll~on on maintenance and public safety act~wt~es, fees which are typically
borne by the mumc~pal~ty that receives these tax revenues The A~rport has commissioned Price Waterhouse
to update these figures for the next leg~sla~ve session
Recognizing this inequity, several years ago the Dallas/Fort Worth International Airport Board, along w~th the
Joint A~rport Policy Committee, d~rected the A~rport to beg~n ~n~t~al d~scuss~ons w~th these c~t~es m hopes of
reaching an agreement to share taxes generated from DFW A~rport After several months of negot~atlons,
DFW A~rport secured tax sharing agreements w~th the c~t~es of Euless and Irving m 1998 These agreements
provide for the sharing of incremental tax revenues and fees In exchange for the A~rport Board, the Qty of
Dallas and the Qty of Fort Worth encouraging and glwng consideration to development of the A, rport's property
wtthm the municipal boundaries of the cities of Euless and Irving
In an effort to ensure that all increased revenues received or collected by Euless and Irving w~th~n the
boundaries of DFW A~rport are shared as described In the Agreements, all involved panes agreed to seek a
legislative validation ofthe agreements from the Texas Legislature During the State's 76t~ Session, Governor
George W Bush s~gned Senate Bd11480 into law on May 21, 1999, which provides legislative validation of
ex,sting and future tax sharing agreements
Though numerous efforts have been made by DFW A~rportoffic~als to secure s~m~lar agreements w~th the c~t~es
of Grapewne and Coppell over the last several years, A~rport officials have encountered resistance from these
c,t~es to date The A~rport w~ll continue to pursue negot~a~ons w~th the Qbes of Grapewne and Coppell, but
may need to pursue a leg,slat~ve remedy that w~ll ensure fair and equitable d~stnbut~on of taxes generated
w~th~n the jurisdictions of these two c~bes
rRecommendat~on
To ensure that legislation ~s enacted, as may be necessary, to facilitate mterlocal tax shanng agreements
between the Dallas/Fort Worth Intema~onal A~rport Board and ~ts non-proprietor c~bes
I m,a t
Interlocal tax shanng agreements between the Dallas/Fort Worth Internattonal A~rport and ~ts non-proprietor
c~t~es w~ll ensure a fair and equitable d~stnbut~on of taxes
City of Da#as 2001 State Legtslatlve Program Page 8
Public Safety Proposals
City of Dallas 2001 State Legislative Program Page
Amend the Texas Code of Criminal Procedure Chapter 12, Llm,tatJon, Art 12 01 Felomes (4)(c), to change the
statute of hm~ta~ons for sexual assaults from five to ten years
[Background
The statute of hm~tabons for sexual assault is five years W~th the ability of DNA technology, It wdl be possible
to pos~bvely hnk the suspect, who may be ~dentJfied years later, to the sexual assault offense Due to the
expansion of the combined DNA Index System (CODIS), the likelihood of the suspect idenbficat~on has
increased The CODIS system ~s a data bank containing DNA profiles of convicted sex offenders and unknown
suspect profiles ma~ntaned at the state and national levels The ~dent~fica+~on of these suspects may occur
beyond the five-year I~m~t Any subJect who has committed a sexual assault should not be exempt from
prosecution simply because he was not identified within five years, regardless how the suspect is finally
identified
] Recommendation
Amend the statute by changing the statute of hm]tatlons from five years to ten years
The intent of the proposed legislative changes would prevent an indtwdual from not being prosecuted for
sexual assault should the t~me I~m~t go beyond five years
City of Dallas 2001 State Legislative Program Page 10
roposal
Amend Section 415 034, Government Code, to allow for a 48-month (rather than the currently required 24-
month) period for mandated training for peace officers and county jailers
Back~round
There are no prows~ons ~n the law that would allow the continuing education programs for peace officers and
county jailers to be changed from 24 months to 48 months It Is required by state law that peace officers and
countyjaders recewe mandated training every twenty-four months The training must ~nclude 32 32 special
mvesbgat~ve top~cs (chdd abuse, famdy wolence, and sexual assault) and 39 39 cultural d~vers~ty Because
of the short t~me frame, a Chief of Pohce has no flex~b[hty to tram personnel on local training needs
I Recommendatmn
.~:_ . _ :_:_.:~
Amend the statute to allow for a 48 month period for the mandated training
limpact
Th~s wdl allow the Pohce Department to spread out the required training top~cs over the 48 months The Chief
of Pohce wdl then be able to tram to local needs
C~ty of Dallas 2001 State Laglalatlve Program Page 11
Amend the Texas Penal Code, Seo~on 31 07, Unauthorized Use of a Vet~lole, to enhance the penalty class
to a '~h~rd Degree Felony" for persons conwcted under th~s section of the Texas Penal Code
IBack~round
It ~s a state jad felony for a person to ~nten~onally or knowingly operate another's motor vehicle, boat, a~rplane
or motor-propelled vehicle w~thout the effective consent of the owner
Amend the current statute by changrng the penalty from a State Ja~l Felony to a Third Degree Felony
IImpact
Th~s would increase the penal~ for Unauthorized Use of a Vehicle, resulting in longer ~ncarcera~ons and
deternng ~nd~wduais from continuing to commit th~s offense
City of Dallas 2001 State Legislative Program Page
IProposa
Amend Article 18 01 (b) of the Texas Code of Cnmmal Procedure to specify that a search warrant affidawt,
once executed, may be accessible only ~n accordance w~th Chapter 552, Texas Government Code (the Pubhc
Information Act)
I Background ...........................
Arbcle 18 01(b) of the Texas Code of Criminal Procedure provides that a search warrant affidavit Is pubhc
reformation once the search warrant ~s executed Th~s creates a probtem for law enforcement because
~nformat~on~that ~s extremely critical or sensitive to the cnmmal investigation ~s placed ~n the affldawt ~n an effort
to satisfy the probable cause standard set forth by both the U $ Constitution and the Texas Constitution For
~nstance, there are often c~rcumstances where only the pohce officers and the suspect know certain facts of
the offense Thus, when suspect(s) reveal key elements of the offense known only to the pohce and the
offender, the pohce officers can use the fact that this suspect has corroborated certain key elements in
~dent~fymg the true suspect(s) and ~n obtalmng a warrant for h~s (their) arrest Th~s ab~hty is lost if the
mforma'oon~ls released to the public, especially through media coverage bkew~se, release ofth~s information,
prior to the arrest of all suspects, may endanger the byes of wlthesses Therefore, th~s reformation should
remain confidential untd the release of the information does not interfere w~th the criminal ~nvest~gat~on or
prosecution, or endanger the hves of w~tnesses
I Recommendation ........
Amend Arbcle 18 01(b) to read as follows
(b) No search warrant shall be ~ssued for any purpose ~n th~s state unless sufficient facts are first presented
to satisfy the ~ssu~ng magistrate that probable cause does m fact ex~st for ~ts ~ssuance A sworn affidavit setting
forth substantial facts establishing probable cause shall be filed m every ~nstance ~n which a search warrant
~srequested Theaffidavlt~spubhc~nformat~onlfexecuted Theaffidawtmayonlybereleased~naccordance
with Chapter 552, Texas Government Code (the Pubhc Information Act), or as ordered by the court
Ilmpact
The changes m Article 18 01{b) of the Texas Code of Cnmma[ Procedure w~ll assist law enforcement m
~nvestlgatJng criminal offenses Police Officers wdl be able to execute search warrants without fear that
~mportant mformat~on regarding the criminal ~nvest]gatlon w~ll be released or that w~tnesses' hves wdl be
endangered
City of Datlas 2001 State Legislative Program Page 13
° al
Amend the Texas Penal Code, Sectron 38 04, Evading Arrest or Detention, to enhance the penalty class to
a "statelad felony" and prowde for a mandatory 2-year suspension of license for persons using a vehicle when
m fl~ght from a law enforcement official
I Back~lround
Section 38 04, Evading Arrest or Detention, ~s a Class B m~sdemeanor, except that the offense ~s
(A) A Class A m~sdemeanor ~fthe actor uses a vehicle whde the actor Is rn flight and the actor has not
been previously conwcted under th~s section
I Recommendation. ............................. ~ .................................
Amend Section 38 04 by making Evading Arrest or Detention a State Jad Felony when an Ind~wdual uses a
vehicle wh~le the actor ~s m fl~ght from a law enforcement official Also, ~nclude a prows~on that sanctions a
mandatory two-year suspension of the actor's driver's hcense upon conv~ctlon for evading arrest or detention
In a vehicle
Im act
Th~s legislation, ~f passed, should decrease mdhons of dollars In property damage loss and more importantly,
save innocent hves from becoming v~ct~ms of th~s offense
City of Dallas 2001 State Legislative Program Page 14
Proposal
Amend the ~Texas C~wl Practice and Remedies Code, Sections 125 001 and 125 021, to make ~t a common
and pubhc nuisance for a person to knowingly maintain a place to which persons habitually go for the purpose
of engaging In voluntary acts of pubhc lewdness
IBackground ~
There are no provisions in the law making it a common and pubhc nuisance for a person to knowingly maintain
a place which persons habitually go for the purpose of engaging m voluntary acts of Pubhc Lewdness whmh
~s ~n wolat~on of the Texas Penal Code, Sec~Jon 21 07 and Indecent Exposure, m v~olat~on of the Texas Penal
Code, Section 21 08
I Recomme idat on '
Amend the statute to include ~n the common and pubhc nuisance statute, Texas C~wl Practmes and Remedies
Code, Sections 125 001 and 125 021, a provision making it a common and pubhc nuisance for a person to
knowingly maintain a place to which persons habitually go for the purpose of engaging ~n voluntary acts of
pubhc lewdness in wolabon of the Texas Penal Code SectJons, 21 07 and indecent exposure, Secbon 21 08
of the Texas Penal Code
'
I Impact '
The ~ntent of the proposed legmlat~ve changes would allow the C~ty's Neighborhood Nuisance Response Umt
to address Iocabons where people habitually go to engage ~n "public lewdness" ac~JwtJ,,s The types of
Iocabons commonly ~ncluded are
Adult book stores (w~th wew~ng booths commonly used for stranger to stranger sexual acts)
Modehng studios (where pubhc lewdness acts occur)
Mowe theaters (XXX rated where publm lewdness ~s common prac~ce)
This proposed legislation would allow DPD the opportunity to address continuing criminal actw~Jes by utilizing
c~v~l law However, in order to address these acts, "Pubhc Lewdness" must first be defined as a Common or
Pubhc Nuisance before law enforcement has the legal nghtto file a c~wl law stat Arresting the md~wdual actors
does not seem to help the neighborhoods (businesses) around the publm lewdness locations, however,
removal of,the location through court authority should greatly reduce or remove this specific offense and
related crtmlnal act~wt~es (robbery, assault, thefts, and pros~atu'~on) as neighborhood problems
City of Dallas ~001 State Leglslallve Program P~ge 15
Amend the Texas Penal Code Sexual Offenses 21 01 Definitions (2) "sexual contact" means any touching of
the anus, breast, or any part of the genitals of another person w~th ~ntent to arouse or graf~fy the sexual desire
of any person
There are no prows~ons m the law that address the touching of any part of another person's body with the
actor's anus, breast or any part of the genitals w~th ~ntent to arouse or gra~fy the sexual desire of the person
I Recommendation
Amend the statute to ~nclude rn the definition "Sexual Contact" the touching of any part of another person's
body w~th the acto¢s anus, breast or any part of the genitals w~th intent to arouse or gratify the sexual desire
of the person
The courts and prosecutors have been reluctant to prosecute exotic dancers who are touching customers and
undercover police officers w~th the reasoning the customer or officers are "touching" the dancers breasts,
genitals and anus w~th their faces Th~s amendment would allow officers to take enforcement action
City of Dallas 2001 State Legislative Program Page 1 ~
Prol3osal '
I
Amend the Texas Aicohohc Beverage Code Section 11 52(1), restrictions on location m certain mun~c~pahbes,
to change the population and distance requirements for regula~Jon of alcohohc beverage estabhshments
Background
In a mun~clpahty with a population of 1 5 mlIhon or more, on the asserbon by any person ofjust~fiable grounds
for a suspension, denial, cancella~on, or refusal of a m~xed beverage permit or a w~ne and beer retadeffs
permit, the commission or County Judge, as applicable, shall hold a heanng ~f any point of the property line
of the premise ~s less than 300 feet from the nearest point on a property 11ne of a residence, church, school,
hospital, daycare faclhty, or social service facd~ty, as measured
Recommendation
Amend the statute to change the population from 1 5 mdl=on to 1,000,000 and change 300 feetto 500 feet
Alcohol estabhshments located m close proximity to each other and near the above men'0oned locations are
harmful to the health and the well being ofthe community Qt]zens through their government at the local level,
should have Input and control over the Ioca~on of these entJt~es which profit at the expense of the local
community
City of Dallas 200I State Legislative Program Page I
I Pro osal
Amend the Texas AIcohohc Beverage Code Section 101 70 (c) Common Nuisance, to include wolabons of the
penal code or other Texas laws when cons~denng an alcoholic beverage establishment to be a nuisance
I Background
There are no provisions, which address violations of the penal code or other laws of Texas when considering
a location to be a nuisance under th~s statute
J Recommendation
Amend Texas Alcoholic Beverage Code (c) by adding {2) that the Penal Code and other laws of Texas w~ll not
be wolated by the owner, lessee, tenant, occupant or their employees of the aforementioned,
limpact
The intent of the proposed legislation ~s to ~nclude wolat~ons of the Penal Code or any other laws of the State
of Texas, which may be applicable
Clly of Dallas 2001 State Legislative Program Paga 18
Prooosal
Amend the Texas Penal Code Sec'eon 47 03 Gambling Promotm (5)(b), to enhance the penalty class to a
"state jad felony" for any actor that has a previous conv~ct~on under the Gambhng Promotm sect]on of the
Texas Penal, Code
I Background
Under (5)(b), an offense under thru sect]on ~s a Class A misdemeanor
Recommendation
Amend the statute In Section (5)(b) to read an offense under th~s sectm is a Class A misdemeanor, unless
the actor hag been conwcted prewously under th~s sect]on, m Which event ~t ~s a state lad felony
Im act
The intent of the proposed legislative changes would allow the D~sbct Attorney's Office to prosecute an
mdiwdual for a state jarl felony If found guilty, the individual could possibly receive two years ~n a state jail
facdlty
City of Defies 2001 State LegtsletlYe Program Page
Amend the Texas Penal Code 43 02 Prostitution Section C, to enhance the penalty class to a"stateja~l felony"
for persons who have three or more conwct~ons under the Prostitution Section of the Texas Penal Code
I Background
There are no prows~ons for enhancement ~f the actor has three or more convictions under th~s sec~Jon
I Recommendation
Amend the statute to include the following provision If the actor has three or more conwctlons under thru
section, the penalty class will be enhanced to a state la~l felony
IImpa t ..................
The intent of the proposed leg~sla~ve changes wdl allow stronger penalties if found gudty and therefore result
~n longer jad terms
City of Dallas 2001 State Legislative Program Page 20
IProposal ' ~ i ~
Amend the Texas Penal Code Section 31 11 (d) Tampenng w~th Identification Numbers, to enhance the penalty
class to a "state jad felony" for persons convicted under th~s section of the Texas Penal Code
Backgroun'~'u ' ~
The offense for tampenng w~th Identification Numbers ~s a Class A M~sdemeanor Unauthorized use of a motor
vehicle offense has increased m the Qty of Dallas and also throughout the state The current penalty ~s not
strong enough to deter an ~nd[vldual from tampenng with Identification Numbers
Rec°mmendatl°" ~..~.~.,~.
Amend the statute to ~ncrease the penalty from a Class A M~sdemeanor to a State Ja~l Felony
Im act
There ~s no leg~mate reason for altenng vehicle ID numbers Th~s increases the risk for the m~ddleman who
alters the ID numbers in chop shop operations
City of Dallas 200'i State Legislative Program Page 21
Amend the Texas Alcoholic Beverage Code Sec~on 1 04 (15) Definitions, to allow cities to hmlt the number
of alcohol-related businesses w~th~n a specific area
IBackF°und k
Under the holding of Dallas Merchants v C~ty of Dallas, 852 S W 2d 489 (Tex 1993), regulation of alcohol
sales ~s preempted by the Texas Alcohohc Beverage Code Texas Alcohohc Beverage Code, Chapter 109,
Subchapter C allows bruited municipal regulation of alcohol-related businesses Mumc~pahtles may require
spacing for alcohol-related businesses from churches, schools and hospitals, and may prohibit sales of beer
m residential drstr~cts There ~s no prov~sron of the Texas Alcohohc Beverage Code that allows c~t~es to hm~t
the number of alcohol-related businesses The Texas Alcohohc Beverage CommissIon does not control the
number of alcohol-related businesses Th~s has resulted In excessive concentrations of alcohol-related
businesses m certain neJghborhoods, particularly Southern Dallas
I Recommendation
Add a new section to the Texas AIcohohc Beverage Code, Chapter 109, Subchapter C to allow c~t~es to hm~t
the number of alcohol-related businesses w~thm a specific area
Iimpact ~
The amendment would reduce the negative impact of alcohol-related businesses on specific neighborhoods
City of Dallas 2001 State Legislative Program
Page 22
Code Compliance Proposals
City of Dallas 2001 State Legislative Program Page 23
I Pr°P°sal
Allow munlclpahtles to notify property owners, I~enholders and mortgagees of Urban Rehab~htatJon Standards
Board (URSB) hearings and orders by personal delivery or cerbfied mall, return-receipt requested
I Background
State law strrctly requires mmc~pal~t~es to not~fy property owners, henhdders and mortgagees of URSB
heanngs and orders by certified mad, return-receipt rr 'uested
I Recommendation
Amend Texas Local Government Code
1 §54 035(a)(1) "Notice of all proceedings before the commission panels must be g~ven
(1) by certified ma~l, return receipt requested, to the record owners and each
holder of a recorded lien ", or
(2) by personal delivery to the record owners and each holder of a lien1 and
(3) to all unknown owners, by posting a copy of the nobce on the front door of
each Improvement"
2 §54039(a) "Thepet~honmustbepresentedtothecourtw~thm30calendardaysafterthedate
a copy of the final decision of the commm~on panel is personally delivered or maled
by first class mad, cert?ed return receipt requested, to all persons to whom not~ce is
required to be sent
3 §214 001(d) Amend "The mmclpallty shall send to each ~dent~fied mortgagee and Imholder a
not~ce by personal delivery or certified ma~l, return receipt requested"
4 §214001(g) A "
mend After the hearing, the mun~c~pahty shall promptly mall by certified mad, return
receipt requested, or by personal dehvery a copy of the order to the owner and to any
henholder or mortgagee of the building"
5 {}214 0012(a) Amend "The petition must be filed by an owner, Ilenholder, or mortgagee w~thln 30
calendar days after the respective dates a copy of the final decision of the
mmc~pahty ~s ma~led to them by first class mall, cer~fied return receipt requested o_r
by personal delivery or such decision shall become final
Amend Texas Transportabon Code
1 §683 075(a) Amend" must prowde not less than 10 days' notice of the nature of the nuisance
and must be sent by certified mall with a five-day return requested or by personal
delivery"
2 §683 075(b)(1) Amend "the nuisance must be abated and removed not later than the 10th day after
the date on whmch the notice was ma)led or served by personal delwery"
City of Dallas 2001 State Legislative Program
Page 24
Proposal, continued Allow mumclpahtms to not~fy property owners, henholders and mortgagees of ~11
Urban Rehabdltaflon Standards Board (URSB) heanngs and orders by personal delivery or certified ~1~
mai, return-receipt requested
Amend Texas Health & Safety Code
1 §342 006 Amend "The munlclpahty in the notice of v~olat~on may inform the owner by regular
mall, and posting on the property or by personal dehvery that if the owner commits
another v~olat[on of the same kind
Impact ~,~
Provides mun~c~pahtles another avenue for dehvenng notices of heanngs and orders It also ehmlnates the
requirement for Qty staff to mad notices of heanngs and orders when the owner is physically present before
them and/or the Urban Rehabd~ta~on Standards Board
City of Dallas 2001 State Legislative Program Page 25
I Pr°POSal
Amend Chapters 54 and 214 of the Texas Local Government Code to uniformly define due d~llgence efforts
m not~fymg property owners, henholders and mortgagees of Urban Rehabilitation Standards Board (URSB)
heanngs and orders
Back round
Under the Texas Local Government Code, there are two d~stlnct chapters that permit municipalities to create
a Building and Standards Commission Dallas' Building and Standards Commission is known as the Urban
Rehablhtatlon Standards Board (URSB) One chapter defines the dlhgent efforts munlc~paht~es must make to
locate property owners, henholders and mortgagees and reform them of a URSB hearing and order The other
chapter does not define dlhgent efforts
J Recommendation
Amend Chapter 54 of the Texas Local Government Code to read
A munrc~pal~ty satisfies the requirements of th~s section to make a dlllqent effort, to use Its best efforts, or to
make a reasonable effort to determine the ~dent~ty and address of an owner, l~enholder or mortqaqee f the
mun~clpahty searches the followmq records
~ county rea property records of the court m which the buIIdlnq ~s located,
(2~ appraisal d~stnct records of the appraisal d~stnct ~n which the bu~ldmq ~s located,
~ r, ecords of the secretary of state, ~f the owner, henholder or mortqaqee ~s a corporabon, partnership or
other bus~ness association,
4~ assumed name records of the county in which the bulldlnq is located1
~ tax records of the munlclpahW, and
~ ,ut~hty records of the municipality
I lmpact
G~ves municipalities guidance on which records to research for Ioca~Jng m~ss~ng he~rs, property owners,
henholders and mortgagees
City of Dallas 2001 State Legislative Program
Page 26
If notice of an Urban Rehabd~tat~on Standards Board (URSB) hearing ~s returned "unclaimed" or "refused", the
vahdlty of the no+ace is not affected and the no~ce ~s deemed dehvered
Back round ~II
State law requires mumclpahtles to mall by certified ma~l, return-receipt requested, a URSB order to property
owners, henholders and mortgagees If the not~ce returns as "refused" or "unclaimed", then the validity of the ~1t
notice is not affected and Is deemed delivered Th~s concept apphes only to notices of URSB orders It does
not apply to iURSB heanng notices
Recomme daflon
Amend Chapters 54 and 214 of the Texas Local Government' Code to read ~11
When a munlc~pahty exercises due ddlqence to notify a property owner, henholder and mortqaqee of a URSB
hearmq andlthe hearmq not~ce returns as "refused" or"unclalmed", the validity of the notice is not affected and
the hearmq,not~ce ~s deemed dehvered ~1!
Th~s amendment allows munic~pahbes to abate hazardous conditions ~n a more t~mely manner after due diligent
efforts have been made to nCfy property owners, I[enholders and mortgagees of a URSB heanng
C~ty of Dallas 2001 State Legtslel~ve Program Page 27
IPropoeal
Create a c~wl admln~s~at~ve adjud~ca~on process for code v~olat~ons
State law allows mun~c~pal~Ses to create a c~v~l adjud~caSon process ~dent~cal to Urban Rehab~tlta~on Standards
Board procedures as an alternative to enforcing some code v~olat~ons However, ~t does not allow
mun~c~paht~es to create a c~wl adm~nrs~a~ve adjudication process s~mdar to Dallas' parking adjudication
process
Recommendation
Amend state law to permit mun~c~pahtles by ordinance to establish an admm~s~a~ve adjudication heanng
procedure under which a c~wl fine may be ~mposed for code wolat~ons
~lm~act
Mun~c~pah~es w~ll have tho option of enforcm~ codo v~ola~ons undor a c~v~l or criminal prodoss
Ctty of Dallas 200 ~ State Legtslat~ve Program
Page 28
Proposal ' ' _~_~.~...~
Ehmmate distinctions on how to post notices of wolat[ons for high weeds, htter and bulky trash by allowing
notices to be placed on a placard attached to a stake driven ~nto the ground
Background
A property owner must be served w~th written nobce of a v~olat~on for h~gh weeds, htter and bulky trash by
personal delivery or by certified ma~l If personal delivery and certified ma~l fall, then a mun~clpahty may not[fy
by pubhcatldn or posting If a munlclpahty elects to post and there are buildings on the property, the notice
must be posted on or near the front door If there are no buildings on the property, the noace must be placed
on a placard attached to a stake driven ~nto the ground
tRecommendatlon
Ehmlnate distinctions on how to post nonces on properbes with or without buildings and no buildings
ilmpact
Allows code inspectors to post notices of violations ~n the most conspicuous place
C~ty of Datles 2001 State Legislative Program Page
Proposal ~
Authorize municipality to abate tax-foreclosed trustee-assigned properties
I Back~lround
When a mun~c~pahty becomes a trustee of a property seized by tax foreclosure, there Is no statute that allows
municipalities to abate their trustee-assigned hazardous, substandard, and ddap~dated structures
RecommendatIon
Create state law to allow municipalities to abate their hazardous trustee-assigned properties as they deem
necessary to eliminate potential I#e hazards and preserve public and fire safety
Allows mun~c~paht~es, as trustees, to demohsh hazardous, ddapdated and substandard structures that pose
an Immediate threat to the community
City of Dallas 2001 ~tate Legl$1atlve Program Page 30
IProp°sal
Amend stat~ law to authorize mumclpal~fles by ordinance to appoint as many Budding and Standards
Comm~sslod members, i e, Urban Rehabdltatlon Standards Board (URSB) members, as ~t deems necessary
IE ackground
State law creates a five-member panel Budding and Standards Commission Because Dallas ~s a home-rule
mumclpallty,, It was allowed to create its thirty-member Urban Rehabdltatlon Standards Board But state law
should be amended for mumc~pal~tJes to ~ndlwdually dec~de the number of board members to appoint by
ordinance
I Recommendation ~
Amend Chapter 54 of the Texas Local Government Code
1 §54 033(b) "A commission appointed for the purpose of heanng cases under th~s subchapter shall
consist of one or more ~ panels with at least five members per panel to be
appointed for terms of two years"
2 §54 034 "All cases to be heard by the commission may be heard by any panel of the commission, but
at least fc,~r a malor]ty of the members ~f ~ ass~qned to the panel must hear the case"
3 §54 038 "A mal0nty vote of the vot~nq :~lfftft~ef~r members of a commission panel Is
necessary to take any action under th~s subchapter and any ordinance adopted by the
municipality ~n accordance wlth th~s subchapter"
]Impact
G~ves mumc~pal~tles the d~scret~on on the number of board members to appoint to a Budding and Standards
Commission
C~ty r~f Dalla$ 2001 State Legislative Program Pege 31
I Proposal
Amend the Texas Government Code, Section 552 115, to enable local governments to access birth and death
records for the purpose of locating owners of substandard properbes
I Back~round
Birth and death records are not available until after the 50~h anniversary of the date of b~rth or after the 25ih
anniversary of the date of death under the open records law However, home rule mun~c~paht~es would benefit
from ~mmed~ate access to such ~nformabon for determining responsible parties for substandard prope~es as
designated by the Urban Rehablhtatlon Standards Board By amending the section of Texas Government
Code, which addresses b~rth and death cerOficates, a c~ty manager, or designee, would gain an additional tool
to enforce pubhc nuisance laws
IRecommendat~on
Amend Section 552 115 of the Texas Government Code to read as follows
"§ 552 115 Exception B~rth and Death Certificates
(a)(5) "the city manager or chief execCve officer of a home rule mun~c~pahty, or his designee, shall be
granted access to the mformat~on for the purpose of sending not~ce as required by state or local law, ~f he
represents that release of the Information ~s necessary ~n exercising that home rule mumc~pahty's pohce
powers to determine the ~dent¢icat~on of the property owner(s) of, or the person(s) responsible for the
operation, matntenance, or removal of, any pubhc or urban nuisance w~th~n the c~ty hm~ts of the home rule
munrc~pahty"
Ilmpact
The proposed legislative amendment would grant a c~ty manager, or designee, the power to access b~rth and
death cerbficates for the purpose of enforcing pubhc nuisance laws ~n relation to substandard properties
against responsible part~es, thereby removing blight from affected neighborhoods
Qty of Da#as 2001 State Legislative Program
Page 32
Pur~sals
,
City of Dallas 2001 State Laglslabve Program Page 33
IPr°P°sal ~1~
Amend Chapter 252 of the Local Government Code to alter the competitive bidding law affecting municipalities
IBack round
Chapter 252 was a nonsubstant~ve codification of ex~st~ng b~d statutes, mainly old Article 2368a, originally
passed by the Legislature m 1987 as part of the ongoing recod~ficat~on of statutes program Since, 1987 m~nor
changes have been made to Chapter 252, but there have been few substantive, and no mator rewslons m
some ~me
For many years, c~t~es have been treated d~fferently than counties, schools d~stncts and state agencies m
relabon to revisions m b~dd~ng statutes Counties, school d~stncts and state agencies have lobbied hard and
successfully for greater flexibility m, and modernization of, procurement processes, especially ~n areas such
as technological procurements, travel serwces and other "best value" types of contracts
The need to react quickly to prowde for municipal needs In ever-changing markets, along w~th the need for
more effective procurement processes, creates an ~mperat~ve for c~t~es, especially large c~tles such as Dallas,
to inform the Legislature that their need for flexlbd~ty and modern~zatlon Is as reasonable and jus~fied as ~twas
for counties, school d~stncts and state agencies W~th the explosion of the reformation age, ~t ~s necessary to
restructure the municipal bid statutes w~thout essenbally changing the fundamental, valid pnnclples of
competition first established by the Legislature ~n 1931
I
IRec°mmendafl°n ........................................... -:::~.~ ........ : ......:~..~.______..~-
The proposed revrslons to Chapter 252 Include
. Allowing for alternabves for adverbsmg of procurements, such as on the Internet,
.Allowing mun~c~pal~bes to receive b~ds and proposals wa fax or the Internet,
Increasing the competitive b~ddmg I~m~t from $15,000 to $25,000,
.Allowing for procurement of certain defined contracts through a "best value" process,
Creating an offense for persons, ~ncludmg municipal officers or employees, who ~nterfere w~th or damage
online b~dd~ng processes or use an online b~dd~ng process to damage municipal computer systems,
. Changing the offense of ~mproper b~d-spl~ng from a Class B m~sdemeanor to a Class A m~sdemeanor
Exempting purchases of food from competitive b~dd~ng,
Allowing for a design/burial contract selec~on process,
IIm act
The proposed legislation wdl s~gnlficantJy enhance the C~ty's procurementprocess
City or Dallas 2001 State ~.eglslatlve Program Page 34
Pro osal
Amend Vernon's Texas Annotated Qv=l Statutes, Chapter 2254, Subchapter A, Professional Services, to
expand the definition to include any service requiring a hcense ~ssued by the State of Texas
Iaackoround
Professional serwces are defined as those performed by a certified pubhc accountant, hcensed architect,
physician, optometrist, surgeon, registered surveyor, engineer or any group or association thereof
I Recommendation
Amend the definition to include any serwce performed requiring a hcense ~ssued by the State of Texas, which
would ~nclude auctioneers, attorneys, abstract and ~tle searches, nurses, etc
Ilmpact
The ~ntent of the proposed legislative change would allow the Qty of Dallas to procure such serwces through
Request For Proposal In heu of the Request For B~d process Th~s would allow greater flex~bd~ty ~n the
selection criteria
City of Da#as 2001 Slate Legislative Program Page 3~
SUPPORT ITEMS
City of Dallas 2001 3tate Legislative Program Page 36
IP °P°'al b
Pass enabllrig legislation which gives Dallas County the abdlty to financ~aily support the Dallas Zoo and the
Dallas Aquarium at Fair Park as they so desire
IBackgrOund b
There are no prowslons In the law which enable Dallas County to prowde either operating or capital support
to the DallaslZoo or the Dallas Aquarium at Fair Park-two of the premier tourist attractions In the Metroplex
At present, the City of Dallas provides the entire operating budget of approximately $10 m~lhon Capital funds
(totaling more than $25 m~ll~on m the past five years) come entirely from Qty of Dallas GO bonds and Dallas
Zoological Society (DZS) private capital campaigns Yet, wh~le the Qty and DZS currently provide 100% of
available funds, only 1/3 of the 600,000 annual wsltors are City, taxpayers, while approximately 2/3 are from
Dallas County There are many precedent-se~ng cases around the US m which such actions on the part of
a county have enabled successful zoos to become even more successful as their financial base ~s more
diverse and secure
Create and pass a law which g~ves Dallas County the authority to enter into d~scuss~ons w~th the C~ty of Dallas
(and the Dallas Zoological Society) relative to possible future lomt funding m~tlatlves
] Impact '
Th~s legislative action would allow the Zoo and Aquarium to continue ~ts spectacular recent growth These
orgamzat~ons are currently ~o of the top tourist attracbons m Dallas County and in the Metroplex County
financial supportwould help develop the cnacally needed broad-base and predictable funding sources needed
to support ongoing and future operating and capital needs It would prowde the Dallas area w~th an
internationally recogmzed Zoo and Aquarium which prowde a s~gnfficant focus on wildlife, conservation,
education, research, and entertainment For example, a recent county taxing ~mtmt~ve ~n Akron, Ohio enabled
the Zoo's budget to grow more than 700% Slmdar experiences have been achieved m P~ttsburgh, Denver,
Tacoma, Columbus, Toledo, Cleveland, and many other c~tJes A s~m]lar proposal ~s under consideration m
Seattle
C~ty of Dallas 2001 State Legislative Program Page 37
Zoning of personal care faclhtles
Iaackgrou.d
Comprehensive amendments to the Texas Health and Safety Code, as well as to the Federal Fair Housing
Act, have preempted much of a mumclpahty's authority to regulate the placement and zoning of personal care
faclht~es Legislation ~s pending m Congress which would provide mun~c~pahtles with more authority to ~mpose
reasonable zoning requirements on group homes and personal care facd[t~es, however, the legislation ~s not
expected to pass during the current Congress
J Recommendat~ons
Ehm~nate the provisional hcenses for personal care faclhtles (Texas Health and Safety Code 247 021)
- State law currently allows fac~ht~es that are caught operating w~thout a hcense to obtain a prows~onal
6-month hcense pending comple'aon of hcenslng requirements
Make personal care fac~hty regulations apply to faclhbes w~th any number of residents [Texas Health and
Safety Code 247 002(3)]
- Personal care fac~ht~es regulations currently apply only to facilities w~th 4 or more residents
Require no'aficat[on and comment from c~t~es on apphcat~ons for personal care facd~t~es hcenses
Authorize cities to estabhsh dispersal standards for personal care faclhfJes
The proposed amendments to state law will provide c~t~es w~th more authority to Impose reasonable zoning
standards on personal care fac~ht~es Specifically, the C~ty would be able to estabhsh dispersal standards,
which could help alleviate such problems as over-concentrabon of these facd~bes m neighborhoods, traffic
problems on neighborhood streets, and the degeneration of neighborhoods
CIfy of Datlas 2001 State Leglslatlve Program Page 38
Increase the number of State of Texas Enterprise Zone project designations for c~t~es with a popula~on over
250,000
IBack~lround
State law hm~ts the number of total eligible enterprise zone projects ~n the state to s~xty-five per b~enmum
Further, individual designated zones are hm~ted to four enterprise projects w~th the opportumty to apply for a
maximum of two bonus projects
The City of Dallas m the current b~enmum of 1999-2000, has offered four project designations, which three
have received enterpnse zone des~gnabon The C~ty has three state designated enterprise zones
encompassing s~xty-square redes and one Federal Enterprise Community/Enterprise, which has the same
benefits as a state designated zone Economic s~gn~ficant corridors are located ~n these zones such as the
Central Bus~ness D~stnct and Stemmons Freeway Furthermore, the zones encompass a great amount of
Southern Dallas The City has always maximized ~ts number of enterprise projects
J Recommendatmn
Amend the Enterprise Zone Act so there is no limit on the number of projects with cities with a population
above 250,000 Retain a hmlt on the number throughoutthe state, however, allow cities to apply for enterprise
project designation on a first-come first-serve bas~s depending on the demand for the program
l Impact
The ~ntent of the State's Enterprise Zone program was to stimulate job creation ~n commumt~es w~th h~gh
unemployment Limiting the number of projects weakens the overall effectiveness and pohcy ~ntent of the
Enterprise Zone program Changing the program to a first-come first-serve bas~s would help larger c~t~es that
have h~gher percentages and numbers of unemployed people find employment opportumt~es
City of Dallas 2001 State Legislative Progrern Page 39
J Proposal
Amend the State Property Tax Code, Section 34 015, authorize a nonprofit entity to become an eligible
recipient, on behalf of a muntctpallty, for the purpose of assembltng, reserving and holding tax-foreclosed or
seized real property for future sale to other non-profits proposing to develop affordable housing
Iaack lr°und
There are no provisions m the law that allow non-profit ent~t~es to act on behalf of munlc~paht~es ~n the
assembling, reserwng and holding tax-foreclosed or seized real property for the purpose of selling them at a
later date to other non-profits w~th plans to construct affordable housing
Amend the statute to ~nclude m the Alternate Manner of Sale of real property to nonprofit orgamzatlons for
affordable housing, Texas Property Tax Code, Section 34 015, a provision, allowing a non-profit entity to
become an eligible recipient, on behalf of a municipality, for the purpose of assembling, reserving and hold~ng
tax-foreclosed or seized real property for future sale to other non-profits proposing to develop affordable
housing, subject to terms and conditions acceptable to taxing entlfJes
l Impact
The ~ntent of the proposed legislative changes would allow non-profit organizations a greater opportunity for
planned development of affordable housing on vacant land The types of benefits are
Assembling a group of lots on a block m a neighborhood
. Ab~lltyto develop a long-range housing development plan
Safe, decent housing
Homeownersh~p opportun¢~es
o Vacant lots put back to produc~ve use
Oily of Dallas 2001 State Legislative Program Page 40
JProposal ~
Support submitted resolubons proposed by the Transportation Excellence for the 21s~ Century Coalition
,
I Background ~..~J
TEX-21 is a grassroots statewlde coahbon made up of mayors, councllmembers, county judges and
commissioners, city managers, transportatmn planners, chambers of commerce, and private business people
who are working at the highest level to find comprehenswe solubons to the transportation challenges faced
across Texas Such issues as the fact that the state is only able to fund about 40% of the needed
transportation projects statew~de, the rapid population growth of the 90's, and the increased commercial traffic
from NAFTA all combine to place an onerous strain on our statewlde transportation infrastructure
TEX-21 has adopted a dehberatlve committee process that ~s discussing transporta'aon concerns across the
state to reach a consensus on how to best address them The standing committees are
Committee on Intermodal Transportation and NAFTA Corridors
Committee on Transporta~on Fiance
Committee on Air Quality, Roadway Safety, Design, and Construction Standards
As of August 4, 2000, the committee process has produced a preliminary package of transportation sotubons
in the form of 18 resolutions that w~ll be presented to the 2001 State Legislature
I Recommendation
Adopt the exmtmg resolutions passed by TEX-21 to date and rewew future resolutions as appropriate
Impact
The united effort represented by TEX-21 presumes that greater transportabon funding levels wdl help all
regions Congestion, air quahty concerns, safety Issues, economic development, mternat~onal ~'ade, and
quahty ofhfe can all be addressed by showing the Texas Legislature thattransporta~on infrastructure deserves
a greater commitment
C~ty of Datla.~ 2Q01 State Leg;alatlve Program Page 41
Proposal
Ehm[nate charging mun~c~paht[es a $50 fee for serwng the Secretary of State w~th criminal complaints on
corporations who fad to register or maintain current informat~on w~th the secretary of state
Backfjround
Underthe Texas Code of Criminal Procedure, a peace officer must serve a criminal complaint on a corporation
by personally dehvenng the complaint to the corporation's registered agent If a registered agent has not been
designated or cannot w~th reasonable ddlgence be found, the peace officer must dehver It to the corporation's
president or v~ce-pres~dent If the peace officer ~s unsuccessful m dehvenng ~tto them, the criminal complaint
~s dehvered to the Secretary of State The Secretary of State charges a $50 fee for each complaint dehvery
i Recommendat, on , __
Waive the $50 fee charged by the Secretary of State to municipalities for delivery of criminal complaints on
corporations who fa~l to register or maintain current information w~th the Secretary of State
Allows mun~¢lpaht~es to readdy file code criminal complaints agatnst¢orporatdons who fall to reglsteror maintain
current mformat~on with the Secretary of State
City of Dallas 2001 State Legislative Program Page 4z
IProposal .................. ~
Create a brittle deposit system for glass and plasSc bottles
Currently, state law prowdes no financial mcen~ves for consumors to return Cass or plasBc ~oRIos to a
centralized fac~h~ for mcychng Such a system would reduce waste, encourage mcychng and save natural
resources The Q~ of Foal Wo~h is in the process of developing a leg~slaSve inltla~ve for mboduc~on in the
77t~ State Legislative Session to create a glass and plas~c bo~les recychng ~ncen~ve program The C~ of
Dallas suppo~s th~s m~atlve and will lend ass~s~nce to the CI~ of Foal Wodh m th~s effo~
IRecommendat, on
Suppod the creation of a bo~e deposit system for glass and plasSc bo~les
Impact
Crsat~oa of a boffio deposit s~stom wdl reduc~ waste, encourage recychn~ and save natural resourcas
Ctfy of Dellas 2001 Slate Legtslettve Pwgr~m Pege 43
Prol~osal
Amend the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code to increase the number of
benefits for Enterprise Zone Projects
Iaackground
The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code was created to ~dent~fy severely
distressed areas of the State and prowde state and local incentives to induce private ~nvestment m these
areas The process seeks to remove unnecessary government regulatory barriers to economic growth and
prowde tax incentives and economic development benefits to commumt~es and businesses The "Act" ~s one
of the primary incentives offered by the state Yet, ~t needs to have more ~ncenSves to the program so that the
program can be more versatile to help distressed areas of the state
IRecommendatlon __,
Amend the Enterprise Zone Act w~th the following addOJonal tncen~ves
I Increase the annual refund of sales and use tax and franchise tax reduc~on from $250,000 to
$500,000 per year, which would increase the five-year amount from $1 25 mdhon to $2 50 m~lhon
2 Allow for a credit of 100% of quahfied expenditures up to the allowable annual refund to
rehabd~tate buildings at least 20 years old
3 Prowde a credit of $500 for each new job created by the transfer of national or regional
headquarters, prowded that at least 50 jobs are created and are in support of the national or
regional headquarters
4 Allow for a credit of 100% of quahfied expenditures up to the allowable annual refund on all
building materials for residential housing budt m an Enterprise Zone, a minimum of 500 housing
umts per development
Ilmpact
The proposed changes would give the Enterprise Zone Act more fiex~bd~ty and make ~t more effective as an
incentive tool
C~ty of Dallas 2001 State Legislative Program Page 44
Endorse the Legislative Agenda of the Texas Clean A~r Work~ng Group (TCAWG) which wdl be presented to
the 77~h Legislature's regular session The Legislative Agenda includes a resolution of legislative priorities that
the TCAWG will urge for adoption by the Legislature m an effort to preserve Texas air quality and promote
economic presperlty
In addCaon, the TCAWG wdl present three detaded white papers that address some of the s~gn~ficant ~tems that
w~ll be presented to the Legislature White paper topics are
Local government ~nlt~at~ves
Alternative fuel Incentives
Creatlonlof a fund to encourage early smog reduction
I Background
On January 21, 2000, the TCAWG held a Legislative Briefing for legislators and their staff at the State Capitol
An Intenm Legislative Pohcy Statement was presented to prowde a general framework of priority ~ssues for
legislative consideration The following points were ~temtzed ~n the Interim Legislative Pohcy Statement
Develop an ~ntegrated strategy to reduce mobde source emissions
Develop innovative financial incentives for commercial emissions reduction
Support the leffect~ve ~mplementaf~on and enforcement of the State Implementation Plan (SIP) emission
reduction measures
The TCAWG ts a collection of federal, state officials and local officials as well as business leaders from areas
classified as non-attainment and near non-attainment of Federal clean a~r standards The purpose of the
working group ~s to coordinate the SIP development, tmprove support from TNRCC and EPA of nonatta~nment
areas efforts toward compliance, and budd legislative support for a un~fied clean a~r agenda that wdl allow
Clean A~r Act comphance
I Recommendation
To support the Legislative Agenda and the white papers which w~ll be presented to the 77~h Legislature's
regular session
Im act ...........................
The intent of the Leg~slatJve Agenda ~s to acknowledge the partnerships and common goals of those members
representing the Texas Clean A~r Working Group ~n their efforts to attain and maintain comphance with the
Federal Clean A~r Act of 1990
Q~y r;f Datl~s 2001 Slate Leg~slaf~ve Program Page 4~
I Proposal
Amend the Texas Tax Code SecfJon 312 211 - Local Tax Incentives for Brownfields Redevelopment
IBackl~round ~
The 1997 Legislature made ~t possible for local government to offer ad valorem property tax abatements to
property owners that perform brownfields cleanup and redevelopment Texas Tax Code Section 312 211
allows municipal or county taxing authont~es to prowde property tax abatements for certain brownfields
properties that have been cleaned up through the Texas Voluntary Cleanup Program To be ehg~ble, the real
property must be located ~n a designated re~nvestment zone, not be an ~mprovement property financed by
tax ~ncrement financing, have received a Voluntary Cleanup Certificate of Complebon, and have had ~ts
property value adversely affected by the release of hazardous substance or contaminants according to two ~11
pnor appraisals by the appraisal office
I Recommendat~on ~11
Amend the "Act" by ehmmatmg the last ehg~b~hty cntena-"and have had the property value adversely affected ~11
by the release of hazardous substances or contaminants according to two prior appraisals by the appraisal ~11
office"
I Impact
Ehmmatmg the ehg~b~l~ty criteria wdl allow c~es to offer th~s local tax incentive No c~ty m Texas has offered
the Incenbve because of the d~fficulty of meeting this particular ehg~bd~ty criterion
City of Dallas 2001 State Legislative Program Page 46
Proposal~*
Amend the Texas Tax Code, Sec~on 113 001, to authonze mun~c~paht~es to secure hotel occupancytax I~ab~hty
by fil~ng a lien on the owner's property
Background b
The State of Texas has the authority under Section 113 001 of the Tax Code to secure hotel occupancy tax
habli~ty by a'hen Municipalities do not have the authonty to secure hotel occupancy tax hab~hty by filing a hen
on the property
Recommendation ~
Amend the Statute to grant the authority to municipalities to secure hotel occupancy tax habdlty by filing a I~en
on the owners property
Im act ~
The intent of the proposed legislation is to secure local hotel occupancy tax hab~hty to establish the habdlty as
a matter of record with the county deed records This legislation would ensure that the habd~ty would be
secured when the property changes ownership
City of Dallas 2001 State Legislative Program Page 47
Amend Section 312 204 of the Property Redevelopment and Tax Abatement Act (Tax Code Chapter 312) to
allow tax abatements for taxable real property w~th e~ther the owner or the leasehold owner or tenant
IBack round
Section 312 204 prowdes that a c~ty eligible to enter into tax abatement agreements may agree m wr¢~ng w~th
the owner of taxable real property to exempt a port, on of the value of the real property or of tangible personal
property located on the real property for a period notto exceed 10 years
Recommendation
Amend the statute to allow c~t~es to enter ~nto tax abatement agreements w~th e~ther the owner of the taxable
real property or the leasehold owner or tenant
Im act
The amendment would benefit the City of Dallas by allewatmg the substantial admlmst~atlve burden of
contracting w~th both owner of the real property and the leasehold owner or tenant In order to comply w~th State
law In many instances, ~t ~s the leasehold owner or tenant who ts making the improvements or mvestJng m
the tangible property m the remvestment zone
City of Dallas 2001 ,State Legislative Program Page 48
[Proposal ............................................... [~
To amend Subchapter D, Chapter 502 of the Transportation Code and/or other appropriate chapter(s) to
address the I~cense plates of registered vehicles
lBackground , ~
Heretofore, ~n ~ndlvldual could purchase a vehicle, either from an automobile dealer, or from another individual
and the license plates that were affixed to the vehicle at the hme of purchase would follow the new owner This
practice has been w~dely misused, and we have seen the results of th~s practice ~n the form of d~sm~ssed
parking c~tat~ons and traffic cases being overturned Please note that th~s proposed legislative change ~s
already law in some of our surrounding states and other areas of the country
I Recommendatlon ~
To encourage proper transfer of btle, I~cences and other fees associated with the sale of a private vehicle, we
recommend the following
1 That I~cense plates remain the property of the red, at owner of the vehicle
2 That new owners of private vehicles be required to purchase new I~cense plates, thus becoming solely
responsible for that plate un+al It Is returned to the County
Ilmpact .~ ~
The C~ty w~ll be better able to serve ~ts clbzens tf th~s proposal passes m the following manner
1 The chances of ma~Img parking bckets and nobces to rightful owners w~ll be ~ncreased CdJzens w~ll no
longer have to send notarized documents to the Parking Adjudication Office or to T~cket Processing and
Collections showing proof of ownership or proof of sale (This act w~ll greatly reduce the paperwork for
staff)
2 D~sm~ssed parking c~tat~ons w~ll be reduced, thus allowing the Qty an opportunity to increase parking
revenue
City of Oatles 2001 Slate £egt$1at~ve Program Page 4g
Amend the Texas Tax Code, Section 111 016, to authorize municipalities to hold liable any persons who
receive or collect taxes
Section 111 106 of the Tax Code enhances the State of Texas' abd~ty to collect all types of taxes, ~ncludmg
Hotel Occupancy Tax Th~s law provides that any person who receives or collects a tax from another person
holds the amount so collected m trust for the benefit of the State and ~s I~able to the State for the full amount
collected, plus any accrued penalties and interest on the amount collected Th~s law prowdes thatthe personal
liability created w,th respectto the tax collected extends to individuals responsible for the control or supervision
of the collection, accounting, and remittance of the taxes so collected and held ~n trust Responsible
ind~wduals are defined to be partners, officers, managers, directors and employees who are under a duty to
perform an act w~th respect to the collection, accounting, or payment of taxes owed to the State The
d~ssolution of a corporation, association, I~m~ted I~ab~l~ty company, or partnership does not affect a responsible
individual's I~abd~ty under this law
I Recommendation
Amend the statute to grant the authority to municipalities to ~mpose personal I~ab~l~ty on persons who receive
or collect taxes from another person, who hold the collections In trust for the benefit of the munlclpallty, and
who are I~able to the municipality for the amount collected plus any accrued penalties and interest on the
amount collected, i e, Local Hotel Occupancy Tax, Short-Term Motor Vehicle Rental Tax
Iml~act~
The intent of the proposed leglsla~Jon ~s to enhance the mun~clpai~tles' ab~hty to collect Hotel Occupancy Tax
and short-term Motor Vehicle Rental Tax
City of Dallas 2001 State Legislative Program Page 50
Amend the Government Code to allow the Ctty of Dallas to partlctpate tn the State General Services
Commission's contract for travel services to allow the Qty to receive reduced a[rfare for Crty-related travel
I ac roun
The Travel Management Section of the General Serwces Commission provides centralized management and
coordination of state bus~ness travel The Travel Management section administers the State Travel
Management Program (STMP), which ts designed to help state agencies manage state travel expenditures,
mon~tor the state's travel activity, and prowde travel serwces to state agencies, resulting m a more efficient use
of taxpayer dollars One way tn whtch the STMP helps state agencies is by negotiating contracts with alrhnes
for reduced atrfare for state travel
Chapter 2171 055 of the Government Code includes wording whtch allows county of'tic,als to pa~c~pate ~n the
GSC's contract for travel serwces However, c~ty officials cannot participate
JRecommendatlo.
Amend Sect~o n 2171 055 of the Government Code to allow the Qty to parttctpate ~n the State General Serwces
Commission's contract for travel services
Ilmpact
Passage of th~s legtslat~on would reduce travel costs for Qty officials
C~ty of Dallas 2001 State Legislative Program Page 51
IPr°POsal ~ _ ~ ~~
Amend SB 1504 to allow c~es to contract w~th the Department of Pubhc Safety and/or court,es for the purpose ~1~
of denying vehicle registration renewal for Individuals with outstanding parking f~ckets ~1~
The Qty has had over 500,000 outstanding tickets, totaling over $18,000,000 ~n uncollected revenue Our ~1~
citizens know that there ~s no serious recourse ~f their parking tickets are not paid In a t~mely manner
I~Rec°mmendat~°n ~~~,~,~
Amend SB 1504 as follows
1 C~t~es reportto the Texas Depadment of Public Safety (DPS) and/or counties the license plate number
associated with a person's outstanding parking cltabons
2 DPS and/or counties sends the c~t~zen a not~ce of non-renewal
3 C¢~zen pays the Qty a d~spos~t~on fee of $30 for the outstanding parking c~tat~ons payable to the State
and/or county The Qty, ~n turn, not~fles the appropriate entJt~es that the parking fines have been pa~d
and the State and/or county now sends the c~t~zen the paperwork for renewal of their vehicle ~1~
reg~strabon
~act ~1~
The Qty wdl be better able to serve ~ts c~t~zens ~fthe proposal passes ~n the Texas legislature because
1 The level of awareness for payment of parking t~ckets wdl be at an all-t~me high ~1~
2 Qt~zens wdl be more apt to comply w~th the spent of the law
City of Dallas 2001 State Legislative Program Page 52
Amend the Property Code Section 11 004 and Section 12 001 to require d~sclosure of sales price when
recording deeds that convey an ~nterest ~n real property
IBackgr°und
Texas ~s onelof only a handful of states that does not have a sales price d~sclosure provision with the transfer
of ownership The law which requires all property to be appraised at 100% of market value can be d~fficult
w~thout adequate information, particularly on nonstandard res~den~al properfJes or h~gh-end properties
Recommendation
Amend the statute to include a provision for disclosure of sales price when recording deeds that convey an
~nterest =n real property
I,m,act ,
The intent of the proposed leg~slaave changes would allow for more accurate appraisals and more equity
among property owners ~n the overall tax burden
City of Dallas 2001 State Legislative Progr~rn Page 53
Pro osal ~
Amend the Texas Local Government Code Section 42 021 Extent of Extraterntonal Jurlsd,ctlon (ET J) or
Section 43 051 Authority to Annex L~m~ted to Extraterritorial Junsd~c~on ~
IBack~lround ~ ~
Senate B~II 89 of the 76'h Legislature, 1999, prowded a comprehensive mod~fica~on to procedures and
requirements by which municipalities may process and complete annexa~on acbwf~es These efforts seemed ~1~
designed to restrict mun~crpal annexabon act~wty by expanding planning requirements, modifying serwce
provision regulations and sh~f~ng some powers, ~nclud~ng sanc*aon capab~hty, to newly annexed areas
Specifically, these restrictions have made ~t unclear ~f Dallas has un~lateral annexabon capablhty to the full ~1~
extent of Its 5-mrle extraterritorial jurisdiction east of Lake Ray Hubbard ~P
I Recommendation ~ ~I~1~
Amend the Texas Local Government Code to clanfy the relat~onshlp between a mun~clpahty and rts annexation ~1~
capabhty within ~ts ETJ And, ~f a munlc~pahty ~s restricted from exerclslng full rights w~thm ~ts ET J, a method ~
for assigning the ETJ to other mun~clpahtles Is needed ~1~
An amendment would either allow Dallas to annex consistent w~th ~ts ETJ or ehm~nate ETJ rights ~n areas ~1~
where ~t ~s determined that Dallas cannot annex I~
C~ty of Dallas 2001 Sta~e Legislative Program Page 54 ~
Allow the Qty to charge interest on dehnquent municipal hotel taxes and the additional two percent hotel taxes
author[zed by the Bnmer Bdl
leackeround
Whde the Q~'s hotet occupancy tax ordinance prowdes ~or the collection of interest on dehnquent hotel taxes,
the state I~w authonzmg the collec~on of the mumc[pal hotel occupancy tax (Chapter 351, Tax Code) and the
additional ~o percent hotel tax, prowded for m Chapter 334, Local Government Code does not specifically
prowde for the collection of rnterest on dehnquent hotel taxes A~so, the state law authorizing the collection
of a state hotel tax (Chapter 15~, Tax Code) and coun~ hotel tax (Chapter 352, Tax Code) specifically
provides for the collection of interest m the case of dehnquent state or county hotel taxes The Qty ~s m the
process of collecting overdue taxes, interest and penalties from dehnquent hotel operators, however, our
authomy to collect interest on dehnquent taxes has been questioned The Qty's authon~ to charge interest
on dehnquent taxes needs to be clearly authorized by state law
Recommendation ~
35~ 004, ~oc~l Gowrnm~n~ Code, ~s amondod as follows
fi 35~ 004 Tax Golloctton
(a) lhe mumc~p~l ~ornoy or othor a~ornoy ~c~n~ for tho mun~c~pahty may bnn~ su~t a~amst a person who
~s required to eolloct tho tax ~mposod by th~s chaptor ~nd pag tho collections o~er to tho mumc~pah~ and
who has faded to filo a tax ropo~ or pay tho tax duo to collect the tax not pa~d or to enlom tho pomon from
operating a hotel ~n ~e mumc~pah~ un~l the tax ~s pa~d or the repo~ filed, as apphcable, as prowded by
the couP's order In addlt~on to the amount of any t~ owned under this chapter, the person ~s hable to
the mumc~pah~ for the mumclpah~'s reasonable a~orney's fees and a penal~ equal to 15 percent of the
total amount ofthe tax owed Delinquent taxes draw interest at the rate of 10 percent per year be~mn~nq
30 days a~er the date on which the tax was due
IIm act
Th~s legislation w~ll allow the C~W to collect interest on dehnquent mumc~pal hotel taxes
C~y ofDaflas 200~ .State Leg~a~a[~ve Program Page 55
JPro osal
I Amend the Texas Property Tax Code, Section 34 05(a)
"(a) If property ~s sold to a taxing unit that ~s a party to thejudgment or which made ap¢cat~on for a
tax warrant, the taxing untt may sell the property at any t~me by public or private sale"
ri Amend the Texas Property Tax Code, Section 34 05(e)
"(e) The sheriff selling real property, or sublect to subsections (h) and (0 hereof, the presiding officer
of a taxrng unit to whrch the property rs b~d off pursuant to th~s section or the employee named tn the
qovernlnq charter or code of that tax~nq untt as authorized to execute deeds shall execute a deed to the
property conveying to the purchaser the right, tttle, and Interest acquired or held by each taxing untt that
was a party to the judgment foreclosing tax liens on the property or owed taxes and any mun~clpal health
and safety I~ens as specified in the tax warrant The conveyance shall be made subject to any remaining
nght of redemption at the time of the sale
III Amend the Texas Property Tax Code, Section 34 05(¢
"(g) A taxing umt to which property ~s b~d off may recover ~ts costs of upkeep, mantenance,
enwronmental cleanup, and1 ~fthe property ts a nutsance or urban nuisance, or hazardous as determined
by a municipality or court, demolition from the resale proceeds without further court order"
IV Amend the Texas Property Tax Code, Section 34 05(h)
"(h) In I~eu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that purchased the
property may sell the property at a private sale Consent of each taxing unit entitled to recetve proceeds
of the sale under thejudgment or the tax warrant ~s not required Property sold under thts subsecbon may
not be sold for an amount that ~s less than the lesser of
(1) the market value specified in thejudgment of foreclosure or the tax warrant, or
(2) the total amount of the judgments against the property or the total amount of the taxes and any
mun c pa health and safety Irens on the property
V Amend the Texas Property Tax Code, Section 34 06(c)(1)
"(c) The purchasing taxing unit shall first retain an amount from the proceeds to reimburse the unit for
reasonable costs, as defined by Section 34 21, ~ncurred by the unit for
(1) maintaining, preserving, safekeeping or, tf the property Is a nutsance or urban nufsance, or
hazardous as determined by a munrclpal~ty or court, demolttlon of the property
VI Amend the Texas Property Tax Code, Section 34 21(g)(2)
(2) 'Costs' Includes the amount reasonably spent by the purchaser for maintaining, preserwng,
safekeeping, and, ~fthe property ~s a nuisance or urban nutsance, or hazardous as determined by ,q
muntc~pal~ty or court, demolition of the property, ~nclud~ng the cost of"
VII Amend the Texas Property Tax Code, Section 34 21(g)(2)(F)
"and
(F) demoht[on ofthe property ~f a municipality or court orders the demolition ofthe property as a nuisance
or urban nuisance or hazardous"
C;ly of Dallaa 2001 ,State Legislative Program Page 56
Proposal, continued Amend the property tax coda
Background'
The foregoing sections of the Property Tax Code address O) resale procedures for foreclosed, but not seized,
properties, and (,) recovery of costs for ~mprovlng and safeguarding, but not demohshmg hazardous, tax
property, andI (110 the Code ~s ambiguous about who may execute tax deeds on behalf of the taxing unit
,
Recommendation
The Property Tax Code should be amended to allow for (0 resale procedures for foreclosed and seized
properties, (,) recovery of costs for ~mprowng, safeguarding and demohsh~nq tax property which ~s a nuisance
or urban nu~s, ance or hazardous as determined by a municipality or court, and ("0 the presiding officer on
behalf of the other taxing umts or the employee named ~n the governing charter or code of the taxing unit as
authorized to execute deeds to execute the deeds reselhng the property
Ilmpact ~,~
The intent of the proposed legislative changes ~s to (0 clear up ambiguity ~n the Code by clarifying that the
resale procedures for seized properties is the same as for foreclosed properties, (,) authorize the Qty to
recover from the resale proceeds as part of Its costs the demolition of tax foreclosed/seized property which
~s a nuisance or urban nuisance or hazardous, and (,0 allow for ease of execution of resale deeds by the C~ty
to expressly provide that only the signature of the trustee taxing unit who sells the property or the Qty Manager
~s required on the deed The amendments would not result m any cost expended by the Qty
City of Defies 2001 Stere Legl$1ot/ve Program Page
IPr°P°sal
Amend the Texas Alcoholic Beverage Code Section 104 (15) Defin~bons to add commercial packaging of a
beverage labeled "beer" as ewdence that ~t meets the definition of"beer" and the definition of "alcohol"
I Back~lround
The current law defines "Beer" as a malt beverage containing one-half percent or more of alcohol by volume
and not more that four percent of alcohol by weight, and does not include a beverage designed by label or
otherwise by a name other than beer
I Recommendation
Amend the statute to add commercial packaging of a beverage labeled "beer" ~s prima facle evidence that it
meets both the definition of "beer" and the defin~bon of "alcohol" for enforcement of this code
~act
Trial judges have sh~fted the burden to prove percentage of alcohol content to the state and are dismissing
cases w~thout sc~en~fic proof of percentage of alcohol content It ~s too cost prohibitive to conduct scientific
tests on beer to establish ~ts alcohol content for m~sdemeanor offenses This is dlffficult when prosecuting boot
legging and other cases mvolwng the Texas Alcoholic Beverage Code Th~s amendment Would assist peace
officers In taking enforcement action against alcohol related offenses (Sale to m~nor, bootlegging, etc )
C/ty of Dallas 2001 State Leglolat~ve Program
Page 58
Prol3osal ~
Amend the Texas Transportation Code, Section 545 420, Racing on H~ghways
Backoround ~ ~1~
The Texas Transportation Code states that a person may not participate m any manner m
A race ~1~
A vehicle speed competition or contest ~!~
A drag race or acceleration contest ~1~
A test of physlcal endurance of the operator of a vehicle or
An exhibition of vehicle speed or acceleration or to make a vehicle speed records ~1~
JRecommenciatlon l~
It ~s recommended that, upon first conwct~on of racing on a h~ghway, the court shall order the person conwcted
to pay a mandatory fine of $500 and perform between 20-40 hours of mandatory commumty serwce
Mandatory suspension of the driver's license for a period of not less than sixty days ~s also recommended ~1~
Upon a second conv~ct~on of racing on h~ghway, the penalty grade would be enhanced to a M;sdemeanor B
and the court shall order a mandatory suspension of the driver's license for a period of one year No
occupational hcense wdl be ~ssued upon second conviction ~1~
Impact .................. . ..........[~ ~1~
Everyday, all across the state of Texas, there are hundreds of dlegal street races held These dlegal events
cause mllhons m property damage, loss and, more ~mportantly, they claim hves The recommended sanctions
are progressive and would send a strong message to those individuals who desire to street race that th~s ~s
no longer just a ticket offense
C~ty of Dallas 2001 Stele Legislative Program Page 5g
Ensure that the Texas Department of Transportation is responsible for maintenance along highways within
urban areas
IBack~round ~
The Texas Department of Transportation has begun hm~t~ng ~ts secondary maintenance of h~ghways located
w~thm mumclpal corporate bruits Th~s maintenance includes mow~ng, watenng, trash p~ck-up and landscaping
[Rocommendatlon ~
~oqu~ro lexas Depa~ment of lranspo~abon to be the pa~ rospons~le for seconda~ maintenance act~w~
alon~ stato h~hways located wtthm municipal corporate boundaries
Ctty of Dalla~ 2001 State Legtslattve Program Page 60
, ENDORSEMENT ITEMS
~ C~ty of Dallas 2001 State Legislative Program Page 61
Amend the Texas Code of Criminal Procedures Subchapter A, Chapter 102, Arbcle 102 0172, by amending
the wording ~n section (d) and deleting Section (f) from the current wording to allow munlclpaht~es to collect
the $4 00 technology fee beyond the current expiration date of September 1,2005 and to provide the funding
mechanism for future system replacements
Back round
Dunng the 76~h State Legislative Session, Senate B~II 601 was approved allowing munlclpah~es to collect a
new $4 00 fee effective September 1, 1999 The referenced code gives courts the authority to collect and
utd~ze said funds to finance the purchase of technological enhancements for a mumc~pal court The current
statute only allows for enhancements and not for replacements once those technological enhancement
systems serve their capital life The use of technology will not be a one-time cost for the Court and ~t rs the
way ~n which most Court ent~t~es wrll be conducting bus~ness in the future Given thatthe fee has already been
introduced rnto the current Court operating structure, ~t would not require programming changes to ensure ~ts
continued collection Th~s fee would prowde Courts a funding mechanism to ensure the continued use, future
enhancements, and more effective and efficient operation to better serve the community
I°mmen"at'°n ..............
Amend the Texas Code of Criminal Procedures Subchapter A, Chapter 102, A~cle 102 0172, by amending
the wording ~n section (d) and deleting Section (f~ from the current wording to allow mun~c~pahtles to collect
the $4 00 technology fee beyond the current expiration date of September 1,2005 and to provide the funding
mechanism for future system replacements The proposed a~cle changes are as follows
"(d) A fund deslqnated by th~s arbcle may be used only to finance the purchase oftechnoloqical enhancements
for a municipal court or municipal court of record, "Change to
(d) A fund des qnated by th~s a~cle may be used only to finance the purchase of technoloqical
systems for a municipal court or municipal court of record,
and delete section (0,
(f~ Tbs art~cte expires September 1, 2005 Delete
The intent of the proposed legislative change would allow the Qty to address and fund the ongoing cost of
technology systems and the prows~on of pubhc safety serwces
Note Collection is estimated at a minimum of $400,000 annually
City of Dallas 2001 3,am Legislative Program Page 02
sal
I Propo .................... ~.=~..~_~..._~~ ~- -. ..... ... ................
Amend the Texas Transportation Code, Title 7, Vehicles and Traffic, Subbtle C, Rules of the Road, Sec~on
550 065, Release of Accident Report and Certatn Information Relating to Accidents, (e) to allow for an ~ncrease
~n the cost that can be charged for a copy of an accident report
Background
Section 550 065 of the Texas Transportation Code, Subtitle C, (e), reads 'q'he fee for a copy of the peace
officer's report Is $4 The copy may be certtfied by the department of a law enforcement agency for an
additional fee of $2 The department may issue a cert~fica~on that no report is on file for a fee of $4"
Recommendatmn
Amend Sec~on 550 065, Sub,tie C, of the Texas Transportatton Code, Release of Acctdent Reports and
Certain Information Relating to Accidents (e), to allow local law enforcement agencies to recover the full cost
assoctated w~th prowdmg cop~es of accident reports
Im act
~ P
Increasing the cost of accident reports would allow for full recovery of costs dtrectly related to productng the
reports, clerical processing *ame, copying and paper costs
Page
C~ty of Dallas 2001 Stere Legislative Program
IProposal
Amend A~cles 45 036 and 37 07 to the Texas Code of Crlmlnal Procedure so that It clearly states that trials
~n municipal court shall not be bifurcated and that punishment evidence shall be admissible ~n the trial
Iaack~round
There are no prows~ons ~n the law requiring or preventing bifurcation of trials in mumc~pal court Section 2(al
of Article 37 07 requires b~furcatJon for all trials except those In municipal or justice courts
I Recommendat~on
~ ....'~-'"~......**~'...*~:~...~'..~'...~..~......~-'~'~..~' ~¢A~4~&~ *** ~ ~~ ....~\.. ::.. ::. - iL;X......1......~
Amend Arbcle 45 036(b) of the Texas Code of Criminal Procedure so that it clearly states that the trier of fact
wdl determine both guilt or innocence and punishment in one thai Also add a subsection (c) which states that
the punishmentev~dence as described m Section 3 ofArt~cle 37 07 shall be admissible m the trial Additionally,
add a section (j) to Article 37 07 which states that punishment evidence including other Class C misdemeanors
shall be admissible In the prosecut~on's case-m-chief in a case tried In mumclpal court
The ~ntent of the proposed legislative changes ~s to clearly state that trials ~n municipal court shall not be
b~furcated and that punishment ewdence (including Class C misdemeanors) shall be admissible m the ~'lal
This will allow prosecutors to introduce evidence of multiple violations and would be particularly useful in code
comphance cases
City of Dallas 2001 State Legislative Program Page 64
Proposal
Amend Chapter 45 of the Texas Code of Criminal Procedure to prohibit sevenng of offenses which have been
consolidated orjomed for trial
Back~rou ~ .~~~
There are no, prows~ons m the law preven~ng a defendant from sevenng of offenses consohdated for
Section 3 04(a) of the Texas Penal Code g~ves the defendant an absolute right to sever offenses which have
been joined or consolidated for trial
~ Recommendatmn ~~
Create a new sec~on m Chapter 45 which states that a defendant ~n municipal cou~ shall not have the right
to sever offenses which have been consolidated or joined for ~al under Sectton 3 02 of the Texas Penat Code
Th~s section wou d apply to the same criminal episode as defined ~n Section 3 01 of the Texas Penal Code or
offenses comm~ed at the same location
The intent of the proposed leg~sla~ve change ~s to conse~e judicial and prosecutor~al resources by allowing
prosecutors to t~ defendants w~th mulbple housing or other ordinance wolat~ons at the same ~me
~ Page
C~ty of Dailas 200~ State Legislative Program
Amend Article 27 14(d) of the Code of Cnm~nal Procedure, to allow for the citation to serve as the charging
document for all purposes including trials and warrant ~ssuance
ADcle 27 14(d), of the Code of Cnmmal Procedure makes ~t imposs~ble for the court to accept pleases of"no
contest" and "not guilty" on all Class C m~sdemeanor cases for the purposes of accepting fines, placing
defendants on deferred d~spos[bon, part-pay contracts, work-release programs, and other forms of
adm~mstrat~ve processing w~thout the necessity of dra~ng a formal sworn complaint that meets the
requirements of chapter 45 Consequently, the dra~ng, notarizing, filing, ~magmg and retrieval of some 800
complaints a day ~s avoided w~th concomitant sawngs m expenditures As ~t presently stands, the statute
makes an expllc~t excep~on of ~not gudty" pleas (cases requesbng atnal) and leaves un-addressed the
question of cases for which a warrant ~s being ~ssued
Recommendation ~
In as much as there ~s no essential ~nformat~on ~n the sworn complaint that ~s not explicitly contaned or
derivable from the c~tatlon (the c~ta~on being the sole document or mforma*Jon upon which the sworn complaint
~s drafted), the c~tat~on could serve as the charging Instrument for an offense for all purposes ~ncludlng thais
and warrant ~ssuance
It is therefore recommended that ART 27 14(d), CCP be amended as follows
Present Statute If written not~ce of an offense for which maximum possible punishment ~s by fine only or of
a v~olat~on relating to the manner, time, and place of parking has been prepared, delivered, and filed with the
court and a legible duplicate copy has been g~ven to the defendant, the written not~ce serves as a complaint
to which the defendant may plead "gullty~, "not gudty", or"nolo contendere'' Ifthe defendant pleads "not guilty"
to the offense, a complaint shall be filed that conforms to the requirements of Chapter 45 of th~s code, and that
complaint serves as an ongmal complaint A defendant may waive the filing of the sworn complant and elect
that the prosecu~on proceed on the written not~ce of the charged offense if the defendant agrees ~n writing with
the prosecution, s~gns the agreement, and files ~t w~th the court
Suggested Revts~on If a wntten or electronically generated not,ce of an offense (c~tatmn) for which the
maximum possible punishment ~s by fine only or ~f a wolabon relating to the manner, t~me, and place of parking
has been prepared, dehvered, and filed w~th the court and a legible paper copy of the c~tatlon has been
delivered to the defendant, the c~tat~on serves as a complaint for all purposes of the court, ~nclud~ng the
acceptance of pleas of"gudty", "not guilty", or"nolo contendere", the adjudication of the case at trial or m open
court, and the ~ssuance of a Capias Pro F~ne or Al=as Warrant of Arrest, w~thout the necessity of filing a sworn
complaint meeting the requirements of the Chapter of thls code
City of Dallas 2001 State Legislative Program Page 60
Proposal, continued A~.nsnd Article 27 14(d) of the Code of Criminal Procedure, to allow for the citafl°n t° serve as the
charging document for all purposes Including trmls and warrant issuanse
Imoact ~-~
1 The quahty of the charging ~nstrument would be improved, m that ~t would come d~rectly from the hand of
the ~ssumg officer bnng~ng the charge, whereas the formal complaint ~s a second-hand, "as-told-to"
document whose veracity or accuracy can only be ascertained by companng ~t to the c~tat~on By ~1~
ehmmatmg a deputy clerk of the court as an intermediary, the introduct~on of m~stakes or inaccuracies m
the charging instrument can be ehmmated ~1~
2 Thru amendment would also allow the department to avoid making a further 800 sworn complaints a day,
permuting the re-allocatJon of 4-6 poslt~ons m Data Entry and Imaging to other duties in which there is a ~1~
lack of staff, ~ e, collections, customer assistance, off-site Ioca~ons, etc
Page 67
City of Dallas 2001 State Legislative Program
Take a portton of the state excfse tax pa~d by wholesalers and manufacturers of alcohohc beverages and use
~tfor economic development tn urban areas which have h~gh levels of unemployment, declining neighborhoods,
and htgh concentrations of hquor related businesses If ctt~es m Texas w~th a population greater than 250,000
would each get 1% of the exc~se tax, they would have an annual source of revenue for economic development
The exc~se tax ~s tmposed on the first sale of distilled spirits, vmous hquor, hquor prescriptions, and
manufactured beer The Comphance Department of the Texas Alcohohc Beverage Commission (TABC)
receves and processes monthly exc~se tax reports and ensures that proper taxes have been pa~d The
alcoholic beverages become taxable when the beverages are sold at the retail level
The TABC was estabhshed m 1935 as the state regulatory agency covering all phases of the alcohohc
beverage ~ndustry m the State of Texas The dubes of the Commission include regulating sales, taxation,
~mpo~latton, manufacturing, transpor~ng, and adve~s~ng of alcohohc beverages The TABC collects ~n excess
of $170 mdllon annually ~n taxes and fees Approximately 25% of the excise tax a~ds ~n financing the state's
public schools and 75% of the tax ~s credited to the general revenue fund Currently, there are approximately
231 estabhshments that sell alcohol m the Fair Park area
J Recommendation
Allow mumc~pahtles to receive a porbon of the state excise tax pard by wholesalers and manufacturers of
alcohol beverages and use ~t for economic development In urban areas which have high levels of
unemployment, dechnmg neighborhoods, and htgh concen~'atJons of hquor-related businesses
These urban designated areas would have the ablhty to attract ~nvestment capRal by leveragmg the exc~se tax
funds toward major economic development projects For example, ~t would be eas~er to start a Tax Increment
Ftnancmg Dtstrlct (TIF) with a constant source of ~ncome that the excise tax would prowde Presently, the
existing tax base m Southern Dallas makes ~t d~fficult to estabhsh a TIF There are numerous other ways that
these funds could be used to spur economic development m an urban area such as Southern Dallas
City of Dallas 2001 State Legislative Program Page ~8
Legislative Briefing and Recommendations for TML Resolutions
I TML Resolutions
We have outlined the potantlal legislative issues for the 77th Legislative Session After
rewewmg these ~ssues, please Identify legislative issues for TML resolutions that you
would hke to present at the TML Annual Conference Resolutions to be presented to the
2000 TML Annual Conference must be passed at one of the September C~ty Cotmcfl
Meetings
We have formed legislative subcommittees w~th representatives from the C~ty Manager's
Office, Finance, Human Resources, Pohce/F~re, Utthtles, Planmng and Engmeenng,
Parks and Recreation, Legal, Library Services and Economic Development At this
t~me, no ~ssues were ~dentlfied for TML resolutions The majonty of departments has
been working with TML and has brought their issues to the TML Pohcy Committees or
they are plannmg to work with their Affiliate organizations to bnng the issues forward
The City of Raehardson has wntten to the Mayor for your support at the TML Annual
Conference for Photographic Red Light Enforcement This legislation would require the
photo of the wolator to be taken of the rear of the vehicle to maximize pnvacy of the
driver, have population requirements, require a city council to approve the enforcement
teehmque and to ensure that the revenue be used in a proper manner
II. Prior TML Resolutions
Dunng the 1999 TML Annual Conference the City of Denton sponsored 2 resolutions
that passed These resolutions are as follows
1 TML to support legislation discouraging the formation of water districts
within a C~ty's ETJ and mumclpal boundaries and remowng reqmrements that
mumclpahtles must purchase the water district's assets prior to annexation and
reqmnng prior notice and prior pernnsslon of the mumclpahty before
formation within a city's ETJ
2 TML to support mumclpahtles rights to assess ~mpact fees for services such as
road, water and wastewater services, drainage uttht~es and flood control
faelhtles and to oppose any legislation that would d~mmlsh or ehmmate full
cost recovery of infrastructure by mumc~paht~es associated with development
These resolutions and resolnt~ons passed at the 2000 TML Annual Conference to be held
in November will be presented to the TML Board in December to estabhsh the TML
Legislat~ve Policy
III. TML Policy Committees and other Legislative Issues During the Interim
Regulation of Development - Land Use Issues
1 Impact Fees and other development fees
2 Btuldmg Moratoria
3 Plat approvals
4 Manufactured Home regulation
5 Subdivision Regulation and approval
6 Zomng authority- minimum lot size
7 Affordable Housing
8 Building regulations
The lntenm committees have been momtormg the effects of S B 89, the annexation
statute, HB 1704, the vested nghts statute and S B 138, the Rehglous Freedom and
Restoratwn Act
The TML Pohey Committee on Development Issues has formed a subcommittee to
study impact fee ~ssues who will report to the mare committee on September 11, 2000
The committee voted to recommend that TML oppose legislation that would erode the
authonty of c~t~es to regulate the locauon of manufactured housing The committee
recommended opposing any legislation that would erode annexation authority or
condemnation authority Two resolutions that were delayed until the September
1 lmeetmg were proposed legislation that would require a c~ty's permission before eertmn
districts could annex land wlthln the ETJ and any proposed legislation that would allow a
city to assume facilities and debt from water chstncts All of these issues directly affect
Denton and should be closely momtored
Natural Resources
The TML Pohcy Committee on Natural Resources met and took thc following action
1. Funding of TNRCC Water Programs
To endorse legislation that would allow the agency greater flexibility to move money
from one account to another m order to meet ~ts needs
To oppose legislation that would increase fees prod by water and wastewater permit tees
To oppose legislation that would authorize collection of state and local sales taxes on
water or wastewater service sales
To take no position on legislation that would (1) ~ncrease the amount of general revenue
appropriated to the agency for water and wastewater programs, (2) authorize counties to
collect a tax or fee and submit it to the state, (3) authorize the use of petroleum storage
tank fees for water and water quality programs, and, (4) decrease or ehmanate ex~stlng
water and wastewater programs
2 Texas Water Development Board
No poslt~on on legislation that would transfer water rights jurisdiction to the Board
3. Sections 401 and 404 Certlfieatmns
Support any leg~slatlon that would prevent TNRCC from expanding the scope of its
activities beyond that required by law
4. Storm water Phase II Permitting
Support legislation that would prevent TNRCC from implementing any program that
wolates the 10th Amendment
$ Texas Mumcipal Gas Assoemtlon Issues
Support legislation that would (1) establish the right of cities to recover expenses related
to rate case and complaint dockets within a reasonable time and reqmre utlhtles to
recover rate case expenses out of stockholders' equtty when a rate case ~s found to be
unjustified, (2) provide mandatory effective dates for rate reductions and refunds when
these are awarded to cities by the Railroad Commission, (3) estabhsh and enforce
penalties to non-comphant utlht~es, and (4) transfer hearmgs of the Railroad Commlssmn
to the State Office of Heanngs Examiners
Other water issues may include water marketing, reuse, lnterbas~n transfers, (a bill was
introduced by Sen Brown that would have removed the jumor rights provlsaon from
mterbasln transfers), regulation of groundwater, pnvat~zatlon of water and wastewater
systems, mergers of water providers, and the formation of water districts m the ETS
Electric ~ssues can include (1) the ability of cities to control the right of way (2)
collecting fees or (3) endanger the electric utility to operate profitably or subject the
utility to more stnngent regulations Sharon Mays, D~rector of Electric Utilities, and
J~m Boyle will brief the council in more detail at a later date
Municipal Revenue and Taxation
The TML Pohcy Committee on Mumctpal Revenue and Taxation met and voted to
recommend that TML seek introduction and passage of legislation that would consolidate
all state court costs into one fee payable to the state and to oppose any sales tax
exemptions that aren't local exemptions
The committee asked the TML staff to develop alternatives to city/county revenue
~nequltles and to delay consideration of property tax exemptions until their next meeting
on September 8, 2000
General Government
The TML Policy Committee on General Government will meet on August 18, 2000
and will consider the following issues
1 Competitive Bidding - change threshold to 25,000
2 Llablhty for Joint Enterprises - TXDot v Able, No 99-0108 (July, 2000)
the Texas Supreme Court held the Houston Metro Transit Authority and
TXDot hable for a head on colhslon using a joint enterprise theory
3 Texas Public Llbranes- Eva Poole, Director of Library Services for the
C~ty of Denton asking for support for direct state aid for Llbranes and
~mproved access to electronic information
4 Underground Faclhtles -have a one call number for excavations
5 Council-Manager Form of Government - General Law cities to be able to
adopt by resolution
6 9-1-1 Systems - no state oversight of 9-1-1 systems
7 Uniform Election Dates - No uniform election date for Bonds
8 Design-Braid Contracts - allows the selection of a construction team
without having to use the lowest bid
9 Texas Department of Transportation Utility Accommodation Pohcy - not
applied uniformly throughout the state
l0 Open Meetangs - to clarify and provide that a citizen or a staff or council
member may comment or make announcements on non-agenda items in
open session so long as no dehberatlon occurs
11 Truck Land Designation within Urban Areas - designate specific lanes of
multiple lane freeways for use by 18 wheel tractor trailer trucks
IV. Tarrant County Mayors
On August 7, 2000 the Tan'ant County Mayors met and considered the following
resolutions
1 Opposing Proposed Legislation to L~mlt Texas Cities Authority to Levy
and Collect Impact Fees
2 Opposing Proposed Legislation Reducing Municipal Franchise Fees for
Public Utilities Restricting Municipal Authority for Management of Its
Rights-of-Way
3 Opposing Proposed Legislation Restricting C~t~es Authority to Regulate
the Location of Manufactured Housing
4 In Support of Proposed Legislation L~m~t~ng the Scope of Sales Tax Free
Hohdays
5 In Support of Rapid Transit Development m Tarrant County
6 In Support of Legislation to Improve Efficiency and Streamline
Implementation of State Transportation Measures
7 In Support to stop the D~vermon of State Transportation Funds from Non-
Transportation Purposes and to redirect the transportation fees and taxes
collected by DPS from the General Revenue Fund back to Fund 006
8 In Support of Optional Sales Tax Increase to Fund Rap~d Transit
9 Supporting Authority to Issue State Bonds for Transportation ProJects
resolutions were voted on to send to the Texas House of Representahves and the
Senate representing Tan'ant County and to TML requesting support
Potential Issues
the past legislative sessions bills have been Introduced on the following ~ssues
1 Erosion of Economic Development Authority
2 More stnngent hcensmg requirements for c~ty employees
3 Amendments to the Open Meetings Act or Pubhc Information Act
4 Invahdate or prohibit Indemmty Prows~ons ~n Contracts
5 Amendments to the Clvd Servme Statute
6 Broaden Collective Bargmmng Statute
7 Create special employment protecttons for public safety employees
8 Invalidate nepotism pohc~es
9 Amend Felony Forfeiture Act
10 Amend tory's authority to regulate handguns
11 Amend c~ty's authority to regulate smoking
12 Amendments to TMRS/F~re Retirement System
RESOLUTIONS SUBMITTED
TO THE
TEXAS MUNICIPAL LEAGUE
ANNUAL BUSINESS MEETING
November 18, 2000
Austin, Texas
Texas Municipal League
CONTENTS
Resolutions
Number Short Title Submitted By
1 Appreciation / Annual Conference Mayor Kenneth Ban:
TML President
2 Report of the TML Legislative Pohcy Committee Committee Chair Glenda Burdick,
on Regulation of Development Mayor, Rockport
3 Substandard Structures City of Lubbock
4 Report of the TML Legislative Pohcy Committee Committee Chmr Elz~e Odom,
on Mumelpal Revenue and Taxation Mayor, Arhngton
5 Sales Tax Data C~ty of Arlington
6 Tax Abatement / Personal Property City of Lubbock
7 Tax Abatement / Recapture C~ty of Lubbock
8 Park Funding C~ty of Denton
9 C1'nld Safety Fund C~ty of Leon Valley
10 Hotel Occupancy Tax C~ty of Lew~svflle
11 Tax Increment Fund City of Arhngton
12 Tax Increment D~stnct City of Arhngton
13 Report of the TML Legislative Pohcy Commgtee Committee Char Betty Jean
on Natural Resources Longona, Councllmember, Corpus
Christi
14 Par Quahty TML Region 13
15 Report of the TML Legislative Pohcy Cormmttee Committee Chair Lloyd Woods,
on General Government Mayor, Pla~nwew
16 Purchasing / Intemet Texas Purchasing Management
Assocmt~on and the Ctty of
College Station
17 Bid Errors City of Arhngton
18 Prequahfy~ng Bidders City of Arhngton
19 Competitive Bidding / Grants City of Arhngton
20 Leasing of City Property City of Arlington
21 Transfer of Land City of Arhngton
22 Venue Project City of Arhngton
23 Cancellation of Elections C~ty of Levelland
24 Calhng General Elections City of Lubbock
25 Unfunded Mandates City of Seabrook and Others
26 Beer Barrels C~ty of Arhngton
27 Serving Alcohol to Minors C~ty of Arlington
28 Sobriety Checkpoints City of Arlington
29 Local Option Liquor Elections City of Tatum
30 Cnmmal Trespass C~ty of Beaumont
31 Burglary of Vehicles C~ty of Arhngton
32 Home Rule Elections C~ty of Farmerswlle and C~ty of
Cehna
33 Fmr Labor Standards Act Texas Mumc~pal Human
Resources Assocmuon
34 Chapter 143 / Appointment of Assistants Texas Mumc~pal Human
Resources Association
35 Chapter 143 / Selection of Can&dates Texas Mumclpal Human
Resources Association
36 Chapter 143 / Ehmmatmg Vacant Posltaons Texas Mumclpal Human
Resources Association
37 Chapter 143 / Probationary Penods Texas Municipal Human
Resources Association
38 Rabies Vacclnatlons C~ty of Presidio
39 Wild Animals C~ty of North Richland Hills and
Others
40 Video Slot Machines City of Arhngton
41 Report of the TML Transportation Task Force Task Force Chair Lmda Harper-
Brown, Councllmember, Irving
42 Federal H~ghway Funding TML Region 13
43 Graduated Drivers' Licenses TML Region 13
44 Truck Penmttmg TML Region 13
45 Truck Routes City of La Grange
46 TxDOT / Traffic Signals City of North Rachland Hills
47 TML Member City Dues TML Board of D~reetors
1
A RESOLUTION
OF APPRECIATION TO THOSE
WHO CONTRIBUTED TO THE
SUCCESS OF THE 2000
TML ANNUAL CONFERENCE
WHEREAS, the Texas Mummpal League has concluded a conference that was h~ghly
mfonnat~ve and enjoyable, and
WHEREAS, the delegates to tins conference wish to express their sincere apprecmt~on to the mty
offimals and citizens of the City of Austin and to others who contributed to the success of our
conference,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tlns 2000 Annual
Conference of the Texas Mumc~pal League that the following officmls and orgamzatlons be
g~ven pamcular thanks and appr¢cmtmn for tnne and sm'v~ces rendered abundantly both pnor to
and dunng the conference
1 The Honorable Kark Watson, Mayor of the City of Austin, members of the Ausun
C~ty Council, and other officials and employees of the host mty, all of whom
contnbuted to the success of the 2000 Annual Conference
2 Speakers and program partm~pants who so ably addressed our vanous sessions
and served as chscussmn leaders, the c~ty officmls who presided over sessmns of
the League and departmental orgamzatlons, members of committees and the
Board of Directors of the Texas Mummpal League, members of the League staff,
and all others who partm~pated ~n the preparation of the conference program
PASSED AND APPROVED by the memberslup of the Texas Mummpal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bmr
Pres~dem
ATTEST
Frank J Sturzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity' TML Legislative Pohcy Committee on Regulation of Development
Brief Background: Tlus resolution xs the report of the TML Legislative Policy Committee
on Regulation of Development It represents the culmination of the study conducted by the
committee members In tbas resolution, the comnuttee makes ~ts recommendations regardrng
leg~slaUve pnontles
What the Resolution is Intended to Accomphsh: This resolution and the accompanying
committee report are intended to assist the memberslup and the TML Board in identifying
priority legislative issues Most, if not all, of the issues described in the report are self-explanatory
Any of the issues can be fully described and explained by committee members and/or the TML
staff during the Resolutions Committee meeting and the Annual Business Meeting
Statewide Importance. The issues addressed in this resolution and committee report are of
statewlde importance almost by defimtton The committee included members from each part of
the state, and the committee members carefully considered stateunde maportance - and other
factors - when making their recommendatmns
Submitted By: Comnuttee Char Glenda Burdlck, Mayor, Rockport
For further information Frank Sturzl
TML Executive Director
512-719-6300
2
A RESOLUTION
ADOPTING THE REPORT OF THE
2000 TML LEGISLATIVE POLICY COMMITTEE
ON REGULATION OF DEVELOPMENT
WHEREAS, the 2000 TML Leglslattve Policy Committee on Regulauon of Development was
appointed by TML President Kenneth Barr m early 2000, and
WHEREAS, more than 30 mumelpal offimals from cities of every size across the state served on
the committee, and
WHEREAS, the committee studied numerous issues relating to regulation of development, and
WHEREAS, the eormmttee has completed its work and has drafted the attached report,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the attached report of the TML Leg~slaUve
Policy Committee on Regulation of Development be accepted and adopted
PASSED AND APPROVED by the membersbap of the Texas Munmlpal League ttus 18t~ day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
ExecuUve Director
REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE
ON REGULATION OF DEVELOPMENT
Oppose legislation that would erode mummpal authority an any way or that would otherwise be
demmental to c~laes, including legaslatmn that would
a erode the authority of crees to regulate the location of manufactured housing
b erode current annexaUon authority
c erode condemnation authority
(Please note that th~s commattee formed a Subcommittee on Impact Fees That subcomnnttee has
not yet fimshed its work, It vail report d~rectly to the TML Board tmtfl the conclusion of the
2001 legaslat~ve session )
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: C,ty of Lubbock
Brief Background: If a property owner fails to complete a structure after a
reasonable length of t~me, a City has few options to correct problems that can follow An
incomplete structure often becomes a public safety danger as well as an eye sore to the
community The City has difficulty refusing extensions on building permits and
remedying the problem that these incomplete structures create, due to common law
property interests In such penmts
What the Resolutmn is Intended to Accomplish: Amend Chapter 214 of the
Texas Local Government Code to specifically include m the defimtlon of substandard
structure certam incomplete structures and provide for a procedure to revoke bmkhng
penmts of smd structures The Amendment would also change the standard of review on
appeal of an order of the Structural Standards Commission to mirror the appeal standard
of Zomng Boards of Adjustment
Statewlde Importance: Chapter 214 allows for the repmr, removal, or demohuon by
a city ora structure (1) that is dilapidated, substandard, or a hazard to the public safety,
(2) that is unsecured or inadequately secured, or (3) that is secured and still constitutes a
danger to the public However, this chapter ~s unclear as to ffthe city may ~ssue such an
order on a structure in instances where the owner has obtmned a building permit It is
possible that in such an mstance, the owner may claim that the structure ~s a "work-in-
progress" and cannot be a substandard structure as long as the permit is valid Further
comphcatmg tins are several Texas cases which state that the ~ssuance ora building
permlt is a property right Ttus makes it very difficult for a c~ty to refuse to issue such a
permit or revoke one vathout fear ora depnvauon of rights clmm Therefore, an owner
can conceivably continue to get btuldmg permits for a structure wthout making any
progress for compleuon Tlus proposed amendment would allow cities to regulate
incomplete structures as substandard when there is no substantial completion of the
structure
Section 214 0012(f) of the Texas Local Government Code sets the standard of judicial
review of mumclpal~tles' decisions made under ti-as chapter as the substantml evidence
rule This proposed amendment would lower th~s standard ofrewew to the arbitrary and
capricious standard This proposed amendment would then make Chapter 214 m~rror the
standard of revaew that decisions made by zomng boards of adjustment are given under
Chapter 211 of the Local Government Code
Submitted By: Name Tony Pnvett
Title' Director of Commtmlcatlons and Legislation
City Lubbock
Telephone: (806) 775-2280
3
A RESOLUTION
PERMITTING MUNICIPALITIES TO REGULATE
INCOMPLETE STRUCTURES AS SUBSTANDARD
WHEREAS, Texas mumclpahtms in the past have had difficulty in regulating incomplete
structures when the owners have refused to complete said structures, and
WHEREAS, structures that stand incomplete for lengthy periods of t~me can become
substandard, and
WHEREAS, the presence of smd structures can pose a threat to the health, safety, and welfare of
a municipality's citizens and can create a blight in urban areas, and
WHEREAS, Chapter 214 of the Texas Local Government Code has a mechanism whereby
mumcipahttes can regulate substandard structures,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at ti'ns 2000 Annual
Conference of the Texas Mumclpal League that the League seek introduction of and support the
passage of legmlatton amending Chapter 214 of the Texas Local Government Code to permit
mummpahtms to regulate incomplete structures as substandard
PASSED AND APPROVED by the memberstup of the Texas Mumcipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST,
Frank J Sturzl
Executive Dxrector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entaty. TML Legaslatlve Pohcy Committee on Mumcapal Revenue and Taxation
Brief Background: This resohition as the report of the TML Legxslative Policy Conumttee
on Municipal Revenue and Taxation It represents the culmination of the study conducted by the
eommatte¢ members In *2ns resolution, the committee makes ~ts recommendations regarchng
legislative pnonties
What the Resolution :s Intended to Accomphsh. This resolution and the accompanying
committee report are intended to assast the membership and the TML Board in identifying
priority legaslat~ve assues Most, if not all, of the assues described m the report are self-explanatory
Any of the assues can be fully described and explained by commattee members and/or the TML
staff dunng the Resolutions Cormmttee meeting and the Annual Business Meeting
Statewlde Importance' The issues addressed in this resohition and committee report are of
statewlde importance almost by defimtion The committee mehided members from each part of
the state, and the committee members carefully consadered statewlde importance - and other
factors - when malang their reconunendatlons
Submitted By- Committee Chmr Elzle Odom, Mayor, Arlington
For further reformation Frank Sturzl
TML ExeCutive D~rector
512-719-6300
4
A RESOLUTION
ADOPTING THE REPORT OF THE
2000 TML LEGISLATIVE POLICY COMMITTEE
ON MUNICIPAL REVENUE AND TAXATION
WHEREAS, the 2000 TML Legislative Policy Committee on Municipal Revenue and Taxation
was appointed by TML President Kenneth Birr in early 2000, and
WHEREAS, more than 30 mumclpal officials from ClUeS of every size across the state served on
the committee, and
WHEREAS, the committee studied numerous ~ssues relating to revenue and taxauon, and
WHEREAS, the cormmttee has completed its work and has drafted the attached report,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at flus 2000 Annual
Conference of the Texas Mumclpal League that the attached report of the TML Legislative
Pohcy Committee on Municipal Revenue and TaxaUon be accepted and adopted
PASSED AND APPROVED by the memberstup of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bmr
President
ATTEST
Frank J Sturzl
Executive Director
REPORT OF THE TML LEGISLATIVE POLICY
COMMITTEE ON MUNICIPAL REVENUE AND TAXATION
I Seek mtroduction and nassaee of leg~slatmn that would
A consohdate all state court costs mtn one fee payable to the state
B create an ~ntenm study (dunng 2002) of the equity (or lack thereof) of local
revenue sources for transportation projects
C amend current law to (1) increase the optional county vehicle registration fee
for child safety from $1 50 to $3 00; (2) reqmre a county to impose the fee ff
requested by a city or cities whose total population exceeds 2/3 of the total
population of the county, and (3) prohibit a county from resmndmg the fee
after ~t has been adopted m that manner
D allow a city to adjust its effective tax rate calculation to account for mandated
(statutonlyqmposed) reduetmns in general fund revenue
II Opnose legislation that would erode mumclpal authority in any way or that would
otherwise be demmental to crees, mchidmg legislation that would
A enact a sales tax exemption that ~sn't a local option exemption
B enact a property tax exemption that would be a substantial erosmn of the tax
base
C abolish the authonty ofctues to sue for dehnquent sales taxes or to .loin ~n an
attorney general's stat
D Repeal the reqmrement that the comptroller notify cities of dehnquent
amounts of sales taxes
III Take no nos~t~on on legislation that would enact a property tax exemption that
would be relatively low ~n cost and would serve some socml benefit
2001
TML RESOLUTION COVER SI~ET
Sponsoring, Ent~W Ctty of Arlington
~ Under current Texas law, (SecUon 321 3022 (a), Murll¢lpal Sales
and Use Tax, Texas Tax Code), a mumcipahty wth a population under 50,000 may
receave sales mx information from the comptroller of public accounts regarchng
businesses that renut more than $100,000 O0 m lOCal sales tax payments In the 1999
legislaUve session, the legislature broadened whwh mumclpahtles have the authonty to
recmve flus sales tax mformaUon to ineinde those mumeipalmes with population of less
than 275,000
What the Resoluuon as Intended to Aecomohsh The resolution urges the legislature
to adopt legislation winch would amend section 321 3022 of the Texas Tax Code to allow
all citaes to obtain sales tax reformation from the comptroller of pubhc accounts
regarding businesses that remit more than $100,000 00 in local sales tax reformation
S~!!~llitigtll~ Tins mfurma~on will assist mumexpalmes with their
eeonormc development efforts as well as prepanng their annual budgets Sales mx
revenues are playing a larger role m the planmug and development of local financml
mcenlaves Clearly understauchng the mapact of an econormc development pro3ect will
assist local econonuc development and elected officials to reahze the comprehensive
rarmfications of their decis~ons
Sales tax is also a sigmficant percentage of mumclpol governments' general fund
revenues Mumcipahlaes often experience flucV_~ons m their sales tax revenues Tlus
creates a sigmficant impact on their ablhty ~o provade public servaces The ability to
receive and analyze sales tax data will enable mumcipalmes to better forecast thetr sales
tax revenue
Submltted By Name Bob van Tll
Tatle Busmess Retention Speelallst
City City of Arlington
Telephone 817-459-6650
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
5
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND
THE TEXAS TAX CODE TO ALLOW ALL CITIES TO
OBTAIN SALES TAX INFORMATION FROM THE
COM?TROLLER OF PUBLIC ACCOUNTS
WHEREAS, under the Texas Tax Code, a mumc~pahty w~th a popular under 275,000 may
receive sales tax mformataon fi.om the Comptroller of Public Accounts regarding businesses that
remit more than $100,000 m local sales tax, and
WHEREAS, mumc~palmes with a populataon over 275,000 are excluded from receiving such
reformation, and
WHEREAS, t.has information will assist mumclpalmes with their economic development efforts
as well as prepanng their annual budgets,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the League support legislation amending Section
321 3022 of the Texas Tax Code to allow all mumclpalmes to obtain sales tax reformation fi.om
the Comptroller of Pubhc Accounts regarchng businesses that remit more than $100,000 in local
sales tax
PASSED AND APPROVED by the membership of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: C,ty of Lubbock
Brief Background: Cities can offer finanmal incentives for economic development in
the form of tax abatements Under current law, abatement is allowed only on real
property Tbas does not allow incentives for businesses that lease property, negating a
growing market for economic development attractmn
What the Resolution is Intended to Accomplish: Amend Chapter 312 of the
Tax Code to allow mumelpal tax abatement on personal property as well as real property
Statewlde Importance: Expanchng tax abatement gmdehnes wall help all Texas
mumelpallt~es m their econormc development efforts
Submitted By: Name Tony Pnvett
Title Director of Communications and Leglslataon
City. Lubbock
Telephone' (806) 775-2280
6
A RESOLUTION
RELATING TO MUNICIPAL TAX
ABATEMENTS ON PERSONAL PROPERTY
WHEREAS, Texas mumc~paht~es are currently able to offer tax abatement incentives on real
property, and
WHEREAS, mumcapalmes are currently unable to offer the same tax abatement mcenUves on
personal property, and
WHEREAS, tax abatement as a powerful tool winch can be used to spur economac development,
and
WHEREAS, Chapter 312 of the Texas Tax Code has a mechamsm whereby tax abatement on
personal property can be allowed,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tins 2000 Annual
Conference of the Texas Mumc~pal League that the League support legislation amending
Chapter 312 of the Texas Tax Code to permit munac~palltaes to offer tax abatement mcent~ves on
personal property
PASSED AND APPROVED by the membersinp of the Texas Mumcapal League tins 18th day of
November, 2000, at AusUn, Texas
APPROVED
Kenneth Bmr
President
ATTEST
Frank ~' Sturzl
ExecuUve D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Lubbock
Brief Background: C~ties that give financial incentives for job creation need to have
legal recourse to recapture those funds when businesses do not meet their contractual
obligations to the city
What the Resolution is Intended to Accomplish: Amend Chapter 312 of the
Tax Code to allow cities to recapture property taxes upon the fmlure of a business to
create a requisite number of jobs
Statewlde Importance: Provldlng a legal recourse mechanism for cities to use m
cases of businesses that do not fulfill job creation obhgatlons set out in tax abatemem
agreements v~ll assist all Texas municipalities in their economic development efforts
Submitted By: Name Tony Prlvett
Title' Director of Cornmumcatlons and Legislation
City. Lubbock
Telephone. (806) 775-2280
7
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD PERMIT
MUNICIPALITIES TO RECAPTURE PROPERTY TAXES
WHEREAS, Texas municipalities give financml incentives for the purpose of job creatmn an
their commumtleS, and
WHEREAS, currently there are no means of legal recourse when bustnesses fall to meet their
obhgatmns m tins regard, and
WHEREAS, fmanoml incentives reserved for smd job oreat~on have formerly been expanded m
vmn ~fthe revolved business failed to fulfill ~ts obhgat~ons, and
WHEREAS, the mechamsm to penmt mummpaht~es to recapture property taxes when businesses
fml to fulfill job creataon agreement obhgat~ons resides tn Chapter 312 of the Texas Tax Code,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumc~pal League that the League endorse legislation amending
Chapter 312 of the Texas Tax Code to permit mummpaht~es to recapture property taxes when a
business faals to fulfill job creatmn obhgat~ons as lind out ~n the abatement agreement
PASSED AND APPROVED by the membership of the Texas Mumc~pal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Denton. Texas
Brief Background. The City of Denton urges you to support amendments to state law to
prowde funchng for cities under the Conservatton and Remvestment Act (CARA/HR 701),
pending federal legislation CARA was overwhelmingly approved by the Umted States House of
Representatives and has been approved by the Umted States Senate Committee on Natural
Resources with a favorable amendment CARA/H K,701 ~s headed for passage by the 106th
Congress and the President has committed to s~gn the bill CARA is one of the most ~mportant
environmental bills m years and ns a City of Denton pnonty
CARA/HR 701 would provide funding for the state and local grant portmn of the Land and
Water Conservation Fund, the Urban Parks and Recreation Kecovery Program, and the Historic
Preservatmn Fund fi.om offshore o~1 dnlhng royalties Before federal fimd~ng for these programs
dechned, Denton made good use of these programs The legacy of these programs can be seen m
some of Denton's most ~mportant recreational famlmes, such as those at Ray Roberts Lake
The lack of federal funding ~n recent years has created a backlog of park and recreation needs in
conu'numtleS across the country These needs are especmlly acute m c~tles, such as Denton, that
arc expenenclng rapid growth The federal government instituted fees on offshore ml dnllmg for
the specific purpose of funding the Land and Water Conservation Fund CARA/HR 701 will
ensure that Denton and other cities m Texas can continue to offer first-rate park and recreation
faclhtles that can be enjoyed by all c~tlzens
What Is the Resolutmn Intended to Accomplish' Amend state law to allow for funding under
CARA
Statewlde Importance Federal funchng for conservation and re~nvestment programs ~n Texas
reties that, lS intended to supplement not replace current funding for conservation and recreation
facflmes
Submitted By Name Honorable Euhne Brock
Title Mayor
City Denton, Texas
Telephone: (940) 349-7717
$
A RESOLUTION
RELATING TO A STATE LAW THAT WOULD PROVIDE FOR
FUNDING UNDER H R 701, THE CONSERVATION AND
REIN'VESTMENT ACT, PENDING FEDERAL LEGISLATION
WHEREAS, Texas c~taes are committed to preserving their hastoncal and natural resources to
ensure that all mtazens wall have the opportumty to enjoy these resources, and
WHEREAS, the Umted States House of Representatxves overwhelmangly (by a vote of 315 to
102) approved H R 701, the Conservation and Re~nvestment Act (CARA) on May 11, 2000, to
estabhsh the Conservation and Remvestment Act Fund (CRAF), and
WHEREAS, CARA includes programs that wall preserve open spaces, waldhfe, and h~stonc
famhtaes, and
WHEREAS, CARA reqmres the Secretary of the Treasury to deposat into CRAF certmn Outer
Contanental Shelf revenues, undasbursed amounts under T~tle I of CARA, and certain interest
earned on CRAF investments and transfer all amounts deposated mto the CRAF as follows (1) to
the Secretary of the Intenor for payment of $1 ballaon to states for ampact assastance and coastal
conservataon, $125 mflhun of the Urban Park and Recreation Recovery Act of 1978, $100
malhon for the Nataonal H~stonc Preservataon Act, and $50 malhon to develop and amplement
Endangered and Threatened Specaes Recovery Agreements, (2) to the Secretaries of the Interior
and Agriculture for payment of $200 m~lhon for Federal and Indaan land restoranon, (3) to the
Secretary of Agriculture $100 m~lhon to carry out the farmland protecuon program under the
Federal Forestry Assistance Program and the Forest Legacy Program estabhshed under the
Cooperatave Forestry Asmstance Act of 1978, (4) to the Land and Water Conservataon Fund an
the amount of $900 mtlhon, and (5) to the Federal gad to Wfldhfe Restoration Fund (FAWRF)
estabhshed under the Federal ,Md m Wddhfe Restoratmn Act an the amount of $350 malhon, and
promdes that any shortfalls less than $2 825 bflhon m a fiscal year, after FY 2000, proportaonally
reduce such sums for that fiscal year, and
WHEREAS, CARA expresses the antent of Congress that amounts made available under the Act
are to supplement, and not detract from, annual appropnatmns for the Natmnal Park Service, and
WHEREAS, the Umted States Senate Energy and Nat. u, ra! R, esources..Com, m,.t~.ethaP..proved H R,
701 wath a friendly amendment and the ball will most l~Kely t)e passea t)y me ~uo congress ana
sagned by the Presadent, and
WHEREAS, Texas state law wall need to be amended to prowde for funding under CARA to
ensure that c~taes will receave the funchng as a supplement to and not an place of current funding
for conservataon and recreataon, and
WHEREAS, Texas c~taes desire changes m state law pursuant to the Conservataon and
Remvestment Act promchng state and local governments wath funds to preserve the
aforementioned resources,
NOW, THEREFOKE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mummpal League that the League support changes ~n state law to allow
funding fi.om CARA to ensure that cities receive fimdmg as a supplement to and not in place of
current funding for conservation and recreatmn to preserve open spaces, w~ldhfe, and h~stonc
facd~t~es
PASSED AND APPROVED by the membership of the Texas Municipal League th~s 18th day of
November, 2000, at Anstm, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
ExecuUve D~rector
2000
TML RESOLUTION COVER SI .ET
Sponsoring l~.nhty' Texas M,m,oipal Lea_eue - Re_men VII
(CH, TML ,~eSh.t~, and/or TML Region)
BnefBaok~o, ma' In 1997 the le~slsh,re passed a law that allowed cities with
po_wdahons of over 400_.000 to collect additional fees for traffic offenses committed
m school zones whmh smaller e.~tles were already collectm_~. The new law was
vv'r~ffen In *neb a WR_V that it a_~_nlied ONLY to lar_ffer cities and was therefore:
repealed in the ms_iorl _ty of T~'~as cities as only a few have populations m excess of
400.000. This efe~'~t/vely eane~l~t] many child safety_ _oro_fframs in smaller crees and
forced many of the m~es to realloeate fimdln_~ from other pr~ects m order to insure
the contimmtion of their school cros.~m? _retard _~ro_~'ams.
What the Resolution is Intended to A0oomphsh: To re-estabhsh the child safety fund
fee for off~nses c~mmtttett in school zones for all Texas cities. It is Our belief that
the members of the Texas I~i~l~mwe did not inte.nd to reneal this adchtional fee in
smaller cities but rather to esfablish it in lar_~er Cities as w-ell.
Statewide _Importance All cihes in Texas sho~d be allowed to collect tbs
adrht~nnal fe~ which was intended to emnhasi~e the ~mnortance of child safety bv
stiffer penalhes for nffenses edmmitterl in scliool zones. ' -
Subzmtted By N~me. Marcy_ Meffe~.
T~tle Mayor
City' 1 ~ Valley
Telephone' (.210) 694-1391: extensmn 218
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
9
A RESOLUTION
RELATING TO LEGISLATION THAI] WOULD ALLOW ALL
CITIES IN TEXAS TO COLLECT ADDITIONAL COURT FEES FOR
TRAFFIC OFFENSES WHICH ARE COMMITTED IN SCHOOL ZONES
WHEREAS, prior to 1997, omas in Texas with populations under 400,000 were authonzed to
collect adchtaonal cinld safety court fees for traffic offenses winch were committed in school
zones, and
WHEREAS, the fees collected were used to establish many worthwhile child safety programs,
and the fees were also used to fund and enhance school crossing guard programs in many cities,
and
WHEREAS, in 1997, the Legislature authorized the collectmn of these chdd safety court fees m
cmos with populations m excess of 400,000, and cmos with populations under 400,000 could no
longer collect the fees, and
WHEREAS, some city officials don't think the Legislature intended to remove tins authonty
fi.om cities vnth populaUons under 400,000, but rather to authorize all cities in the state to collect
the addltmnal chid safety court fees for traffic offenses that are committed school zones,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at t/ns 2000 Annual
Conference of the Texas Mumclpal League that the League support legislation that would
authonze the collection of the adcht~onal cinld safety fund court fees, for traffic offenses winch
are committed m school zones, for all Texas cmos
PASSED AND APPROVED by the membersinp of the Texas Mummpal League th~s 15th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executave D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Lewlswlle, Texas
(City, TML Affiliate, and/or TML Region)
Brief Background: The Texas Tax Code provided,an exception from the hotel/motel
occupancy tax for those persons who pay for a room for at least thirty consecutive days
Many hotels/motels are speclahzmg their facilities to users staying thirty days or longer,
resulting in evasion of mumclpal zomng ordinances, ,unfal business advantage, and loss of
revenue for the State of Texas and all local governments who impose the tax
What the Resolution is Intended to Accomplish: This resolution is,intended
to show that the C~tv Couned of Lewlsvllle. Texas. supports an amendment to chal)ter 156
of the Tax Code of the State of Texas that will ehmmnte the exception form hotel/motel
neenpancy tax prnvsdad far stnya of more than 30 daya.
Statewlde Importance: Th,_. ~ov _~y~o.nt,,m ~ ~ ~+~o~o Iow ond
SubmItted By: Name: Steve Bacchus
Title' Assistant C~tv Manager
C~ty. Lewlsvllle, TX
Telephone' 972 - 219 - 3406
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
10
A RESOLUTION
REGARDING EXCEPTIONS FROM
HOTEL OCCUPANCY TAXES
WHEREAS, Section 156 001 et seq of the Tax Code of the State of Texas regarding hotel/motel
occupancy tax anposes a state tax of six (6) percent upon the price of a room in a hotel, and
WHEREAS, Section 351 001 et seq of the Tax Code of the State of Texas allows mumc~palmes
to impose a mumelpal tax upon the price of a room in a hotel, and
WHEREAS, Section 352 001 et seq of the Tax Code of the State of Texas allows counties to
impose a mumclpal tax upon the price ora room m a hotel, and
WHEREAS, Section 156 101 of the Tax Code provides an exemption from the tax for those
persons who use or possess a room in a hotel for at least thirty (30) consecutive days without
interruption in payment for that penod, and
WHEREAS, many hotels/motels specialize their facilities to users staying for 30 days or more,
thus exempting each user from the hotel/motel fee, and
WHEREAS, typical mumclpal zomng ordlnar~.c, es d. efine.ho.tels/m, otels as lodging to the
"transient" public, not lodging to pennanent monthly rate reslaems, ann
WHEREAS, the current exemption from the hotel/motel occupancy tax allows and encourages
an unfair advantage for businesses occupying hotel/motel zoning but operating more like
extremely high-density multi-family apartments, and
WHEREAS, Texas cities find that extended stay hotels meet all characteristics of the term
"hotel" as defined in the Code and should therefore be subject to the hotel occupancy tax, and
WHEREAS, Texas cities find that such exceptions result in loss of revenue for the State of Texas
and all counties and cities which unpose such tax,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tins 2000 Annual
Conference of the Texas Mummpal League that the League endorse an amendment to Chapter
156 of the Tax Code of the State of Texas that will revoke the exception from hotel occupancy
tax provided for stays of more than 30 days
PASSED AND APPROVED by the membership of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2001
TML RESOLUTION COVER SHEET
Spon~orin= Entatv Caty of Arlington
Braef Back=round Tax Code Chapter 311 should be amended to
clarify that competitive bidding is not required for certain
types of expenditures made from a tax increment fund if
competitive bidding would thwart the purpose of the statute
What tbe Resolution as Intended to AccomPlish The proposed
legislative amendment is 1nte~ded to clarify that
competitive bidding is not requzred for certain expenditures
made from a tax ~ncrement fund established under Chapter 311
of the Tax Code An example of the type of expenditure to
be excepted from competltlve bidding would be reimbursement
to a developer for public ~mprovements constructed and
funded by the developer in connection with the developer's
pro3ect in the tax increment finance district
Chapter 311 specifically says that money in the tax
increment fund belongs to the city, however, the statute
does not exempt any expenditure of the fund, such as
reimbursements to developers, from competitive bidding
requlrements
Statewide Importance Numerous c~t~es have created tax
· ncrement finance districts and funds within the past year
The proposed amendment would remove the rlsk that certain
agreements with developers would be subject to attack as
void due to failure to comply wath competitive bid laws when
competitive bidding would be in conflict with the purpose of
Chapter 311 and the permissible uses of tax increment funds
Submztted by Name Jeanene C McIntyre
Title A~slstan~ City Attorney/
Adm~nlst~atzve Law Section Head
City ArllnqtoD
Telephone (817) 459-5622
11
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD CLARIFY THAT
COMPETITIVE BIDDING IS NOT REQUIRED FOR CERTAIN TYPES OF
EXPENDITURES MADE FROM A TAX INCREMENT FUND IF COMPETITIVE
BIDDING WOULD THWART THE PURPOSE OF THE STATUTE
WHEREAS, Chapter 311 of the Tax Code states that money in the tax increment fund belongs to
the c~ty but does not exempt any expenditure of the fund, such as reLmbursements to developers,
from compet~Uve bidding reqmrements, and
WHEREAS, amending Chapter 311 of the Tax Code would remove the risk that certain
agreements wxth developers would be subject to attack as void due to failure to comply with
competitive bid laws when competmve bidding would be in conflict with the purpose of Chapter
311 and the permissible uses of tax increment funds,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the League endorse legislation which would
amend Chapter 311 of the Texas Tax Code to clarify that competitive bidding is not required for
certain types of expenditures made from a tax increment Rind if competitive bidding would
thwart the purpose of the statute
PASSED AND APPROVED by the memberslnp of the Texas Mumclpal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2001
TML RESOLUTION COVER SHEET
SDonsorina Entity City of Arlington
Sua=ested Resolution Support amendment of Tax Code,
Section 311 009(f), to delete the requirement that the one-
year term of the chairman of the board of directors for a
tax increment district begln January 1
What the Resolution ~s Intended to AccomDlxsh Allow local
control of the beginning date of the term of the chairman of
the board of directors of a tax increment relnvestment zone,
to be consistent with the beglnn~ng term of other city
boards and commissions and other tax increment board member
terms
Brief Back=round and Reason for Chan=e State law requires
the chairman's term to beg~n on January 1, the year
following the chairman's appointment To increase
efficiency of the appointment process, the City of Arlington
has been working toward having all boards, committees, and
commissions appointed by City Council to have terms that
beg~n on July 1 and expire on June 30 This includes the
board of d~rectors for the city's tax increment district
Because state law requires the chairman's term to begin on
January 1, the chairman's term begins on a date different
from the other TIF board members, and different from other
clty boards, commissions and committees
S~q~lficance to the City of Arian=ton: The proposed
amendment would make the beginning date Ior the TIP Board
chairman's term consistent with other TIF Board members and
C~ty boards, committees, and commissions
sub~ Name Jeanene C McIntyre
Title Assistant C~tv Attorney/
Aag~nls~rat~ve Law Section Head
City Arl~nqtQn
Telephone (817) 4~9-6883
12
A RESOLUTION
RELATING TO LEGISLATION AMENDING THE TAX
CODE RELATIVE TO THE DELETION OF THE REQUIREMENT
THAT THE TERM OF THE CHAIRMAN OF THE BOARD OF DIRECTORS
FOR A TAX INCREMENT DISTRICT BEGINS ON JANUARY 1
WHEREAS, SecB. on 311 009(f) of the Tax Code reqmres the term of the chaarman of the board
of directors for a tax increment district to begin on January l, and
WHEREAS, deletion of the commencement date requirement would give local control of the
commencement date allowing consistency of terms among other tax increment board members
and other city boards, commissions, and committees,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumc~pal League that the League endorse leg~slauon which would
amend Section 311 009(f) of the Tax Code by the deletion of the requirement that the term of the
chaarman of the board of &rectors for a tax increment &strict begin on January 1
PASSED AND APPROVED by the membership of the Texas Municipal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsonng Entity: TML Legislative Policy Commxttee on Natural Resources
Brief Background: This resolution is the report of the TML Legislative Policy Committee
on Natural Resources It represents the culmination of the study conducted by the committee
members In this resolution, the committee makes its recommendations regarding legislative
priorities
What the Resolution as Intended to Accomplish. Tlus resolution and the accompanying
committee report are intended to assist the membership and the TML Board in identifying
priority legislative issues Most, if not all, of the issues described m the report are self-explanatory
Any of the issues can be fully described and explained by committee members and/or the TML
staff during the Resolutions Committee meeting and the Annual Business Meeting
Statew~de Importance. The issues addressed m this resolution and committee report are of
statewade importance almost by defimtlon The committee included members from each part of
the state, and the committee members carefully considered statewlde importance - and other
factors - when making their recommendations
Submitted By' Committee Char Betty Jean Longona, Councllmember, Corpus Christi
For further information Frank Sturzl
TML Executive Director
512-719-6300
13
A RESOLUTION
ADOPTING THE REPORT OF THE 2000 TML LEGISLATIVE
POLICY COMMITTEE ON NATURAL RESOURCES
WHEREAS, the 2000 TML Legislative Pohcy Committee on Natural Resources was appointed
by TML President Kenneth Barr in early 2000, and
WHEREAS, more than 30 mumclpal officials from cities of every size across the state served on
the committee, and
WHEREAS, the committee studied numerous issues relating to natural resources, and
WHEREAS, the coinmlttee has completed its work and has drafted the attached report,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tins 2000 Annual
Conference of the Texas Mumclpal League that the attached report of the TML Legislative
Policy Committee on Natural Resources be accepted and adopted
PASSED AND APPROVED by the membership of the Texas Mnnmlpal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive D~rector
REPORT OF THE TML LEGISLATIVE POLICY
COMMITTEE ON NATURAL RESOURCES
I Su0nort leglslataon that would
A w~th regard to Sectaons 401 and 404 cemfieataons, prevent the Texas Natural
Resource Conservatmn Commission (TNRCC) from expanding the scope of
~ts acttvitaes beyond that reqmred by law
(Note Sections 401 and 404 of the Clean Water Act relate to
penmts for discharges into navigable waters )
B prevent the TNRCC from ~mplementmg any program that violates the Tenth
Amendment to the U S Constatutaon
C establish the right of crees to recover expenses related to rate case and
complaint dockets w~tlun a reasonable time and reqmre utflmes to recover rate
ease expenses out of stockholders' eqmty when a rate case is found to be
unjustified
D provide mandatory effective dates for rate reductions and refunds when these
are awarded to crees by the Railroad Cormmsslon
E establish and enforce penalties to be applied to non-comphant utilities
F transfer hearings of the Railroad Commission to the State Office of Heanng
Examiners
II, Endorse legislation that would
A allow TNRCC greater flexibility to move funds from one account to another
m order to meet its needs
III Opnose leglslataon that would erode mumclpal anthonty m any way or that would
othemase be detrimental to tortes, including legislation that would
A increase fees prod by water or wastewater permlttees
B impose state and local sales taxes on water or wastewater service sales
IV ~ on legxslatlon that would
A transfer water rights jurisdiction from the TNRCC to the Texas Water
Development Board
B increase the amount of' state genera! revenue approprmted to thc TNKCC for
water and wastewater programs
C requzre eountzes to zmpose a water or wastewater fee and submit it to the
state
D authorize the TNRCC to use petroleum storage tank fee revenue for water
and wastewater programs
E reduce or ehmmate existing water or wastewater programs earned out by the
TNRCC
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity TML Reg}on 13
(C~ty, TML Affiliate, and/or TML Region)
Br,ef Background
Resolut~on 010 was adopted by the TEX-21 coal~bon TEX-21 ~sa statew~degrassroots
transportation coalition consisting of mayors, counc~lmembers, c~ty managers, county officials,
chambers of commerce, and private bus~ness people
What the Resolution ia Intended to Accomplish
A comprehensive a~r quahty resolubon
Statewlde Importance
Th~s ~mpacts the statew~de transportabon network
Submitted By Name. Glenn A Repp
Title Region 13 Secretary
City C~ty of Duncanwlle
Telephone (972) 298-0213
14
A RESOLUTION
RELATING TO AIR QUALITY
WHEREAS, Transportation Excellence for the 21st Century (TEX-21) is a statewlde coahtlon of
caUes, counties, private businesses, chambers of commerce, metropolitan planmng orgamzaUons,
md other interested groups focused on improving transportation Infrastructure in the State of
Texas, and
WHEREAS, the Tex-21 Committee on Air Quahty, Roadway Safety, Design, and Constructton
Standards has formally adopted a scope that includes a remew of the state's clean mr efforts, and
WHEREAS, econormc activity in non-attmnment and near non-attmnment counties ~n Texas
represents the majonty of econonuc activity m the State of Texas, and
WHEREAS, *ar quality measures are designed to be remedial m non-attmnment areas and
preventative an attmnment areas, and
WHEREAS, the Texas Legislature has an important role to play in helpang all areas meet and
maintain the ozone standard whale at the same time mamtmmng a strong Texas economy, and the
federal ozone standard IS a significant challenge for Texas, and
WHEREAS, designation under the eight-hour ozone NAAQS could force mandatory measures
on non-attalnment regions of Texas, such as general and transportation conformity and new
source review, and
WHEREAS, mr quahty mapacts the public health as well as the economic health of our enUre
state, and
WHEREAS, a successful statewIde mr quahty compliance strategy can be accomplished thzough
a cooperatave approach in whach all regaons of the state recograze their roles and their
contribution to the problem, and
WHEREAS, the benefits of alternatives fuels (depending upon the type of alteruat~ve fuel)
include Up to 87% reduction an NOx emissions, carbon monoxade emission reductions of
approxnnately 70%, VOC emlsmons cut by up to 89%, sagraficantly lower particulate matter
(PM) and greenhouse gas ermssaons, little or no evaporatave enusmons,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at thas 2000 Annual
Conference of the Texas Mumeapal League that the ozone standard should be obtmned at the
lowest econormc and social costs consldenng effects on hfestyle to the cmzens of the state and
ItS region, local flexiblhty should be preserved at the haghest extent possible whale ensunng mr
quality standards are met, some emasslon control measures are best Implemented at the national
level, such as those on automobiles and consumer goods, and hence should be accelerated ~f they
contribute to attmument at lower costs and less adverse impacts than other controls, TNRCC is
encouraged to continue to conduct comprehensive mr quahty research that provades the scientific
mformatlon necessary to help with the design of ozone control strategies that can reasonably be
expected to reduce ozone formation and that funds be provided to use state-of-the-art mr quality
research modeling tools and momtormg equipment, the state legislature as encouraged to gave
anthonty and funding to local areas to create umovatave market-based mechamsras for reducang
NOx emissions, such as mobile source scmppage, repair, and retrofit, the legislature create
appropriate economxc Incentive programs related to emmston controls such as providing a
property tax exemption to businesses for pollution control facilities, legislation be created that
would target the reduction of on-road ve~cle NOx emissions through select,ye use of speed hm~t
adjustments, expanded mspectlon and mamtenance program and that state agencies be
sufficiently funded to ~mplement and enforce these control measures, there should be adequate
funding to create marketing and education programs ~for altematl?e, ?w e. mls?n ~
altemative~fuel-veh~cles (AFV) wath less than the requlrea occupants ye aaowea to nave ~u
Lane access, the State of Texas create a hcense plate with AFV designation and that those plates
be assessed a reduced tax, the legislature create state tax credxts for new and used factory-
manufactured and converted AFVs (including heavy-duty trucks), the State of Texas encourage
the mstallation of alternative fueling stations by g~vmg tax credits and grants for conversion of
conventionally fueled vehacles, the State of Texas g~ve tax incentives for the purchase of low-
emission passenger velueles and for the conversion of,conventionally fueled vehicles, the State
of Texas support lmtiatives to reduce area and non-road mobile source emissions consistent w~th
federal regulations, the State of Texas require, when appropriate, ns fleet of vehicles to use low
emission gasoline, the State of Texas encourage the development of trading eredats between
regions m different levels of air quality atta~nmant, mcenUves for emissions reducUons m the
commercml sector be enacted such as ad valorem tax lncent~ves, sales/use tax exemptions, and
francbase tax crecht for capxtal investment m research and development of innovative
technologies desxgned to reduce or remove axr pollutants or a combined strategy to effectively
target specific mdusmal sectors, finanexal incentives be provided for the deployment of polluUon
control eqmpment based on the provisions of the Property Redevelopment and Tax Abatement
Act and the Clean Axr Financing Act, tax mcenUves be targeted for capnal investment m low
emxss~on non-road eqmpment meluchng heavy construction equipment and a~rport ground
support eqtupment, the State of Texas prowde adequate funds necessary to ensure effecUve
enforcement of the State Implementation Plan's control measures, and a pubhe mfonnat~on
eampmgn addressing pubhc awareness of mr quality ~ssues, the benefits of compliance, and the
public's responslbflaty relating to mr quahty ~s needed on a statewlde basis
PASSED AND APPROVED by the memberstup of the Texas Mumclpal League tins 18t~ day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity. TML Legaslat~ve Policy Commattee on General Government
Brief Background: This resolutaon as the report of the TML Legislat~ve Pohcy Committee
on General Government It represents the eulmmatmn of the study conducted by the committee
members In th~s resolution, the eommattee makes ats recommendations regarding legaslauve
priorities
What the Resolulaon as Intended to Aceomphsh: This resolutaon and the aecompanyang
commattee report are antended to assast the membersbap and the TML Board an ldentlfymg
priority legaslatave assues Most, ffnot ail, of the assues described m the report are self-explanatory
Any of the xssues can be fully described and explained by committee members and/or the TML
staffdurmg the Resolutmns Commattee meeting and the Annual Business Meeting
Statew~de Importance. The assues addressed an this resoltuaon and commattee report are of
statewld¢ Importance almost by defimt~on The conumtte¢ included members from each part of
the state, and the commattee members carefully considered statew~de amportance - and other
factors - when malang thear recommendaUons
Submitted By: Commattee Chart Lloyd Woods, Mayor, Phunmew
For further mformataon Frank Sturzl
TML Executave Director
512-719-6300
15
A RESOLUTION
ADOPTING THE REPORT OF THE
2000 TML LEGISLATIVE POLICY COMMITTEE
ON GENERAL GOVERNMENT
WHEREAS, the 2000 TML Legislative Pohcy Committee on General Government was
appointed by TML President Kenneth Barr in early 2000, and
WHEREAS, more than 100 mummpal offimals from e~tles of every size across the state served
on the comrmttee, and
WHEREAS, the eomrmttee stud~eA a w~de variety of mumc~pal issues, and
WHEREAS, the committee has completed its work and has dratled the attached report,
NOW, THEREFOR.E, BE IT RESOLVED by the delegates assembled at ttus 2000 Annual
Conference of the Texas Mummpal League that the attached report of the TML Legislative
Pohcy Committee on General Government be accepted and adopted
PASSED AND APPROVED by the membership of the Texas Mumelpal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bmr
President
ATTEST
Frank J Sturzl
Executive Dtrector
REPORT OF THE TML LEGISLATIVE POLICY
COMMITTEE ON GENERAL GOVERNMENT
I Seek Introduction and oassage of legislation that would
A chmmate or reduce the hablhty exposure of a mty for a claim based on a joint
enterprise theory
B allow clues to enter into "deslgn-bmld' contracts
II Suonort leglslat~on that would
A increase from $15,000 to $25,000 the procurement amount at which a city would
be reqmred to seek compeuuve bids
B increase support of Texas pubhc hbranes through TexShare and the Library of
Texas for improved access to electromc reformation
C increase direct state md for public hbranas, so long as there is no grant conditions
that protublt non-resident fees
D allow reties to employ photograptuc traffic signal enforcement
III Opnose legtslatlon that would erode municipal authority in any way or that would
otherwise be demmental to cities, mcludmg legislation that would
A allow a city to adopt the c~ty manager form of government by ordinance instead of
election
B dxmlmsh the authority of cities to operate their own, independent 9-1-1 emergency
service systems
C enact the Umform Computer Informatlon Transaction Act or any other act that
would negatively impact a city's use of software
IV ~ on legislation that would reqmre that all mummpal elections be held on
one of the four uniform elect~on dates
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: Texas Purchasing Management Association
(City, TML Al~tiate, ancot TML Region)
Brief Background: Chapters 252, 262, 263, and 271 of Se Local Government Code make it difficult to
ntd*Te the h~[~lii~t and ele_e~on_!e technology In the orocuremant prgcess We age reqmred to receive "sealed" bids,
which does not allow for b~ddars to return bids by Facsimile or ~espond to downloaded bids froin the Interact
electromeally~ We also are reautred to pubhcly adverse each reqgast for b~d/proposa~ In the ~ewspaper published
m our c~ty two tunes within 14 days These adverO_ sem~nts are vagy costly, and due to the widespread use of the
lnternet, are ~nna,dered ..,,~-.s~ly In today's workolace Last sessiop, the leg'~lature passed a bill, which chagges the
StateofTexasvlatheGenetal ServlcasCnmm~mntoutd~zeelectlt°nlcc°mnlerceinthe~rpurchasingpr°cess We
want to InnTor our ~t~t~ta~ to allow mumcipalltlas and cotlntl~S to receive bids electronically and advertise
alectromcally, as well as, m the newspaper
What the Resolution Is Intended to Accomphsh: A~aending our st~mtes to allow E-coininercc and to
be able to ,,~h~ ~he hi~iii~[ to the best 0ossible adw~ta~e to th~ enUty will Cut costs and allow for efficient and
effective usc of pubhc 6,nd, and m~,,ower In the urocureinent orocess Most ent~t~es curreqtly receive facsimile
bids m£ui:~aally and we want to be able to receive ¢arrnal b~ds alect~omcally as well
Statewlde Importance. Technology m m olace today, to se~d and receive electromc u-ansmlss~ons safely and
securely and anlelwlment~ to the _~[,~.i;a~ ago needed to bnnR ~mume~paht~as Into the 21st Century Utfl~mg
technology ~o our umaost will sUaar.-,'.,ne the urocess and will ~t~!~e tax~aver dollars tn the Inost efficient, effective
and econoinical u~oc~ss ooss~ble
Submitted By: Name: Para K~rkland - President - TPMA
T~tle: Purchasing M~n~ ~oe-r
C~ty: C~ty of Pachardson
Telephone: (972) 744-4132
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
16
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD ALLOW
FOR USE OF E-COMMERCE AND HIGH TECHNOLOGY
WHEREAS, Chapters 252, 262, 263, and 271 of the Local Government Code make it difficult to
utlhze the Interact and electromc technology m the procurement process, and
WHEREAS, using technology to receive facstmfle bids and posting bad advertasements on the
Internet would save taxpayers dollars and would provade efficaent use of manpower and
technological advancement, and
WHEREAS, the State of Texas passed legaslat~on during the 1999 session which mandated an E-
Commerce program for state entrees but amendments allowing the use of technology to the
Local Government Code are necessary to enable mumclpahtaes to partampate an the state's
program through the Cooperatave Purohasang Program of the General Services Commlssaon, and
WHEREAS, technology as m place today to send and receave electromc transmassaons safely and
securely and amendments to the statutes are needed to bnng mumc~palmes anto the 21st century,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at thas 2000 Annual
Conference of the Texas MUmclpal League that the League endorse the passage of a bill
amending the Texas Local Government Code, Chapters 252, 262, 263, and 271, to enable the use
of technology m the procurement process
PASSED AND APPROVED by the memberslup of the Texas Mumclpal League ttus 18t~ day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
Executwe Dtrector
2001
TML RESOLUTION COVER SHEET
S on orin Enter = City of Arlington
Brie~= During the last leglslat~ve session, the
legislature amended Section 252 043(a) of the Texas Local
Government Code which relates to the award of competlt~vely
bid contracts The amended provided that a bid that has been
opened cannot be changed for the purpose of correcting a b~d
error, but it preserved the b~dder's common law r~ght to
withdraw a bid due to a mater~al mistake in the bid Thls
amendment implies that a b~d containing a bid error can still
be accepted by the municipality as long as the bidder did not
desire to w~thdraw h~s bld due to material mistake On a unit
price contract, the bid error could occur in e~ther a
~ndlvldual line ~tem, the total price bid, or both Chapter
252 is silent, however, on which figures should be used in
determining whether the b~d is the lowest responsible bidder
S~nce the b~d cannot be altered, the 1mpllcat~on ~s that the
mun~c~pallty should use the total amount bid, however, Section
252 047 requires that payment on a unit price contract be made
on the actual quantity constructed or supplied In a b~d
contaln~ng an error, payment by unit price, regardless of
whether the error is in the unit price or the total bid price,
will result in a total payment d~fferent than what was b~d and
awarded If an error occurred ~n calculatlng the total bid
price, but payment is made on unit price, a municipality could
end up paying more for the contract than the total bid price,
theoretically th~s could even result in awards to contractors
who were not really the lowest b~dder
What the Resolution is Inten4-d to Accomplish: The resolution
urges the leglslature to adopt legislation which would provide
guidance on awarding contracts on bids which contain bid
errors and payment thereunder Such legislature should result
· n the conflict which can ar~se between Sectlons 252 043 and
252 047, and ensure that the lowest responsible bidder obtains
the bid and that the munlclpallty only pays the lowest price
for the project
Statewide Importance' An ambiguity in the law would be
clarified and every Texas city would be assured that they were
awarding and paying the lowest possible price on a project
~ Name Terls Solls
Title Assistant Cltv Attorney
City ArlinGton
Telephone (817) 459-6881
17
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE TEXAS LOCAL
GOVERNMENT CODE TO PROVIDE GUIDANCE ON AWARDING CONTRACTS ON
BIDS WHICH CONTAIN BID ERRORS AND PAYMENT THEREUNDER
WHEREAS, dunng the last legislative session, the legislature amended Sectmn 252 043(a) of the
Local Government Code relative to the award of competitively bid contracts by the addmon of
language that states that "A bid that has been opened may not be changed for the purpose of
correcting an error in the bid pnce This chapter does not change the common law right of a
b~dder to withdraw a bid due to a material mistake ~n the bid", and
WHEREAS, fins new language implies that a bid containing an error may still be accepted by a
mumclpahty, but that the bid itself cannot be changed to correct the error, and
WHEREAS, on a umt pnee contract, the error may occur in a line item, in the total amount bid,
or both, and
WHEREAS, Chapter 252 is silent as to winch figure should be used in determlmng the lowest,
responsible bidder, however, since the bid cannot be changed, the implication is that
mumclpahtms should use the total amount bid, even with a umt pnce contract, and
WHEREAS, Section 252 047 of the Local Government Code reqmres that payment on a umt
price contract be made on the actual quality constructed or supplied, however, in a bid containing
a bid error, even if the estimated quantity is correct, payment by unit price will result in a total
payment different from what was bid and what was awarded, and
WHEREAS, ff munlclpalltmS cannot alter bids to correct obvious bid errors, then municipalities
need guidance on awarding bids containing bid errors and the appropriate payment method under
Section 252 047,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Municipal League that the League endorse leg~slatmn that would amend
Section 252 043 and Section 252 047 of the Texas Local Government Code to provide gmdance
on awarding bids winch contain bid errors and payment thereunder
PASSED AND APPROVED by the memberstup of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Smrzl
Executive D~rector
2001
TML RESOLUTION COVER SHEET
Sponsorina Entztv: City of Arllngton
Brzef Backaround= Chapter 252 of the Texas Local Government
Code requires munIcipalities to award contracts required to
be competitively b~d to the lowest responsible b~dder It
1s unclear from the Local Government Code what processes can
be utilized prior to submission of b~ds to determine
responsible bidders Obta~nlng qualified b~dders ~s
necessary ~n order to ensure quality pro3ects are obtained
at a reasonable price
What the Resolution is Intended to AccomDlxsh: The
resolution urges the legislature to adopt legislation which
would amend Chapter 252 of the Texas Local Government Code
to clarify that mun~clpal~t~es may pre-qualify b~dders prior
to the subm~Sslon of blds under Chapter 252
Statewide Importance: This legzslatlon would asszst every
Texas city in obtaining qualified contractors on public
projects which are requzred to be competztzvely bid under
Chapter 252 and ensure an effzclent use of taxpayer dollars
on such projects
Name Terls Solzs
Title Assistant Czty Attorney
City Arlznaton
Telephone (817) 4~9-6881
18
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE
TEXAS LOCAL GOVERNMENT CODE TO CLARIFY THAT
MUNICIPALITIES MAY PREQUALIFY BIDDERS
WHEREAS, Chapter 252 of the Texas Local Government Code requires mumcapahtles to award
certain contracts to the lowest raspons~ble b~dder, and
WHEREAS, at is unclear what processes may be utflxzed by a mumc~pahty prior to submassaon of
bads m determnung responsable bidders, and
WHEREAS, to ensure that mumclpalmes receive quahty work at the best price and that the
contractor awarded the bxd has the capablhty and the capacaty to perform the work,
mumc~pahtles need to uUhze processes such as pre-quahficauon,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tlus 2000 Annual
Conference of the Texas Mumcapal League that the League endorse legxslatxon that would amend
Chapter 252 of the Texas Local Government Code to clanfy that mumcapalmes may pre-quahfy
bidders pnor to the submxssaon ofb~ds to determine responsible bxdders
PASSED AND APPROVED by the membership of the Texas Mumcapal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
ExecuUve Dxrector
2001
TML RESOLUTION COVER SHEET
Spon~orin= Entity: City of Arlington
Brief Back=round: Chapter 252 of the Texas Local
Government Code requires expenditures of over $15,000 to
be competitively bid It is unclear whether a grant of
funds made by a municipality iS an expenditure which
would require grants to be competitively bid in
accordance with Chapter 252 Municipalities receive
money from the federal and state governments and
hotel/motel occupancy taxes which is granted to entities
in the community to address specific needs As the
services provided are often unique to the entity
providing them or specifically tailored by an entity to
meet a need in the community, the granting of money to
the entity does not lend Itself to easy application of
the competitive bidding statute
What the Resolution is Intended to Accomplish: The
resolution urges the legislature to adopt legislation
which would amend Section 252 021 and/or Section 252 022
of the Texas Local Government Code to exempt the grant
of municipal funds derived from federal or state grant
funds or hotel/motel occupancy taxes from the
requirements of Chapter 252 when those funds are granted
to a non-profit entity for use in serving a public
purpose
Statewide Importance: An ambiguity in the law would be
clarified and every Texas city would be allowed greater
flexibility in addressing the various public purpose
needs of its community
Name Terls sol~s
Title Assistant City Attorney
City ArlinGton
Telephone (817) 459-6881
19
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE TEXAS LOCAL
GOVERNlVJENT CODE TO CLARIFY THAT GRANTS MADE BY A MLrNICIPALITY ARE
NOT SUBJECT TO COMPETITVE BIDDING REQUIREMENTS
WHEREAS, the City of Arlington and other Texas reties receive funds from appropnat~ons,
loans, and/or grants from the federal and state governments and from hotel/motel occupancy
taxes which are granted to ent~tles for use m serving a pubhc purpose, and
WHEREAS, these types of grants are aimed at addressing specific needs in the community and
do not lend themselves to easy apphcat~on of the competmve b,d statute, as most of the services
be,ng requested and provided are umque to the ennty promdmg the service or are tailored by an
entity to address a particular need in the community, and
WHEREAS, it ~s unclear whether Chapter 252, which reqmres "expenditures" of over $15,000 to
be competitively b~d, also applies to "grants" made by a mumc,pahty, and
WHEREAS, a public purpose is accomplished by the granting of mumcipal funds to non-profit
ent~tles which provide various services to the pubhc,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumclpal League that the League endorse legislation that would amend
Chapter 252 022 of the Texas Local Government Code to exempt the grant of mun, mpal funds
derived from federal or state funds or from hotel/motel occupancy taxes from the requirements of
Chapter 252 when those funds are granted to a non-profit entity for use in serving a public
purpose
PASSED AND APPROVED by the membership of the Texas Mumclpal League thas 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
Executive Director
2001
TML RESOLUTION COVER SHEET
SDonsorin= Entitv~ City of Arlington
Brief Baokaround= Sectmon 253 001 of the Texas Local
Government Code requmres that land owned, held, or clammed
by a munmcmpalmty as a publmc square or park may not be sold
unless the mssue of the sale ls submmtted and approved at an
electmon Section 272 001 of the Texas Local Government
Code requmres that before land owned by a munlcmpalmty may
be sold or exchanged, not~ce and bzddzng requzrements must
be complzed with Under the current state of the law, bt ms
unclear whether the lease of munmcmpal property ms a
conveyance requmr~ng an elect~on, notmce and bmddmng
What the Resolution is Intended to AccomDlmsh: The
resolutmon urges the legislature to adopt legmslatmon whmch
would amend Sectmon 253 001 and Sectmon 272 001 of the Texas
Local Government Code to exempt the leasing of munlcmpal
property from electmon, notmce and bmdd~ng requmrements
under these sectmons
Statewide Importance: An ambiguity mn the law would be
clarmfled and every Texas city would be allowed greater
flexlbmlmty managmng themr property wmthout the time and
expense assoczated wmth electmons, notices and bmddmng
Subtt~ Name Ter~s SoiLs
Tmtle ASsm$tant C~tv Attorney
Cmty Arlmn~ton
Telephone (817) 4~9-6881
20
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE TEXAS LOCAL
GOVERNMENT CODE TO CLARIFY THAT LEASE OF CITY PROPERTY IS NOT
SUBJECT TO ELECTION, NOTICE, OR BIDDING REQUIREMENTS
WHEREAS, Section 253 001 of the Texas Local Government Code reqmres that land owned,
held, or clmmed by a mumc~pahty as a pubhc square or park may not be sold unless the msue of
the sale ~s submttted and approved at an elect~on, and
WHEREAS, Section 272 001 of the Texas Local Government Code requires that before land
owned by a mumc~pahty may be sold or exchanged, notice and bidding reqmrements must be
comphed with, and
WHEREAS, under the current state of the law, it is unclear whether the lease of mun~mpal
property is a conveyance under Section 253 001 or Sectmn 272 001 such that would reqmre an
oleo'non, noUce, and bidding, and
WHEREAS, since leased property remains property of the mumc~pahty, mun~clpalmes should be
able to manage their properties by leasing without the time and expense assomated w~th electrons
and b~ddmg,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumclpal League that the League endorse legislation that would amend
Section 253 001 and Section 272 001 of the Texas Local Government Code to clarify that leasing
of mummpal property ~s exempt from elecuon, not,ce, and b~dd~ng reqmrements
PASSED AND APPROVED by the membership of the Texas Mummpal League th~s 18~h day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Ban'
President
ATTEST
Frank J Sturzl
Executive D~rector
2001
TML RESOLUTION COVER SHEET
Sponsorin= Entxtv City of Arlington
Braef Back.round With the exception of Local Government
Code Chapter 334 (1 e venue pro]ects/Brlmer Bill), current
statutes do not create an exceptaon from state notice and
bid requirements for the transfer of land to a private party
in furtherance of an economic development objective
authorized by state law The not!ce and bid requarement is
inconsistent with the objectives of certain economic
development statutes, however, without a specific exceptaon,
cities wall be at risk af they transfer land without goang
through the notace and bad process prior to transferring
city land to a private party
What the Resolutaon is Intended to AccomDlash The
resolution would support an amendment to Local Government
Code Chapter 253 to allow a caty to sell, lease or convey
property an conjunction with economic development projects
authorazed by statute, without complying with notice and bid
requirements that apply to the conveyance of public
property
Statewide Importance Cltaes have been granted broad
authority to structure programs and transactions with
pravate parties to accomplish economac development
objectives to benefit the state and cities The purpose of
some economic development statutes is thwarted if cities
must competitively bad a conveyance of land that is part of
an economic development agreement with a particular party
However, if catles do not comply with the notice and bid
requirements and there is no specific exception to the
requirements, they run the risk that a particular
transactaon will be challenged for failure to comply with
notice and bid requirements
Submitted bY Name Jeanene C McIntvre
Title Asslsta~ City Attornev/
Administrative Law Section Head
City Arllnaton
Telephone (817} 459-6883
21
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE TEXAS LOCAL
GOVERNMENT CODE RELATIVE TO THE TRANSFER OF LAND TO A PRIVATE
PARTY IN FUTHERANCE OF AN ECONOMIC DEVELOPMENT OBJECTIVE
AUTHORIZED BY STATE LAW
WHEREAS, current statutes do not create an exemptaon from state notace and bad reqmrements
for the transfer of land to a private party an furtherance of an economac development objecUve
authorized by state law, and
WHEREAS, the notate and bid reqmrements are mconsastent wath the objectives of certain
eeononne development statutes,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumc~pal League that the League endorse legaslat~on that would amend
Chapter 253 of the Local Government Code to allow a caty to sell, lease, or convey property m
conjunctmn w~th economic development projects authorized by statute, wathout complying w~th
notate and bad requirements that apply to the conveyance of pubhc property
PASSED AND APPROVED by the membership of the Texas Mumc~paI League th~s 18th day of
November, 2000, at Austm, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executave Darector
2001
TML RESOLUTION COVER SHEET
SDonsorin= Entity= City of Arlangton
BrieBa~_~round: Chapter 334 of the Texas Local Government
Code relates to sports and community venue pro3ects
Section 334 041{e) provides that the competitive bidding
laws do not apply to the planning, acquisition,
establishment, development, construction, or renovataon of
an approved venue project However, it is not clear what
all is encompassed by the phrase, ,,competitive bidding
laws "
What the Resolution as Intended to Accomplish: The
resolutaon urges the legaslature to adopt leglslataon which
would amend Sectaon 334 041(e) to clarafy that the phrase,
"competitive bidding laws" ancludes any procurement law,
ancludlng the Professional Servaces Procurement Act
Statewide Importance= An ambagulty in the law would be
clarlfaed and every Texas caty would be allowed greater
flexablllty in the planning, acquisition, establishment,
development, construction, or renovation of an approved
venue pro~ect
Name Terls Solls
Title Assa~ta~ City Attorney
City Arlan~ton
Telephone (817) 45,9-6881
22
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE TEXAS LOCAL
GOVERNMENT CODE TO CLARIFY THAT THE PROFESSIONAL SERVICES
PROCUREMENT ACT DOES NOT APPLY TO AN APPROVED VENrUE PROJECT
WHEREAS, the legislature enacted Chapter 334 of the Local Government Code relative to
sports and commumty venue projects, and
WHEREAS, pursuant to § 334 041(e), the eompetxt~ve blddxng laws do not apply to the planning,
acqmsmon, estabhshment, development, construction, or renovation of an approved venue
project, and
WHEREAS, at as unclear whether the reference to "competmve b~ddmg laws" also encompasses
the Profesmonal Services Procurement Act,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumc~pal League that the League endorse legxslatlon that would amend
SeeUon 334 041(e) of the Local Government Code by the addmon of the phrase, "and any
procurement laws, mcludmg the Professmnal Sennces Procurement Act," after the words, "The
competatave btddmg laws, mcluchng Chapter 271," xn order to clarify that all procurement laws
are exempted from the appheatmn to planmng, aeqmsatmn, estabhshment, development,
constmcUon, or renovauon of an approved venue project
PASSED AND APPROVED by the memberslup of the Texas Mummpal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J S~rzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity. City of Levelland
Brief Background: Texas Election Code, Chapter 2, Subchapter C permits a city to cancel a
general election if all candidates are unopposed However, {}2 051 is applicable only to general
elections, and not to special elections called to fill a vacancy for the remmnder of a term arising
during an office holder's term due to resignation, death or dlsquahficatlon
What the Resolution in Intended to Accomplish Ttus resolution is intended to extend Texas
Election Code Chapter 2, Subchapter C to permit cancellation of special elections in which one
candidate is mnmng unopposed Attached is text of Section 2 051 including the proposed
amendment
Statewide Importance' This vail perrmt mumclpaht~es m which vacancies m mumclpal offices
occur to avoid the expense of special elections when only one candidate is running unopposed
Fiscal Note. Neither the State nor any political subdivision to which this applies will ~ncur any
expenditure by mason of this proposed amendment The only fiscal ~mpact will be to ehmmate the
costs of conducting special elections in which only one candidate is mnmng unopposed
Submitted By Name: CHRIS WADE
T~tle. City Secretary
C~ty. City of Levelland
Telephone: 806-894-0113
23
A RESOLUTION
CONCERNING AMENDING THE TEXAS ELECTION
CODE RELATING TO UNCONTESTED ELECTIONS
WHEREAS, cities continuously seek to save money by eliminating unnecessary expenditures,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Municipal League that the League endorse an amendment to the Texas
Eleetaon Code, Chapter 2, Subchapter C, to permit cancellation of special elections when only
one candidate Is nmmng unopposed
PASSED AND APPROVED by the memberstup of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Lubbock
Brief Background: Currently, the Mayor of a munlclpallty calls general elections
while the govermng body calls other elect~ons This is an lnconslstem process for what
basically a mlmstenal functaon by elected officials
What the Resolution is Intended to Accomplish: Amend Chapter 3 of the
Election Code to change the authority to order a general election to the govermng body of
the polmcal subdivision
Statewlde Importance: Consistency m calling elections is important because it adds
legitimacy, simplicity, and eqmty to the process from which many Texans have become
dlscormected
Submitted By: Name: Tony Pnvett
T~tle. Director of Communications and Legislation
City' Lubbock
Telephone. (806) 775-2280
24
A RESOLUTION
RELATING TO CHANGING THE AUTHORITY TO ORDER A GENERAL
ELECTION TO THE GOVERNING BODY OF THE POLITICAL SUBDIVISION
WHEREAS, general elect~ons for political subdivisions in Texas have been ordered by the
mayor, and
WHEREAS, other electaons are called by the governing body of the pollttcal subdivision, and
WHEREAS, consistency m calling elections is important in that it adds legmmaey, slmphcay,
and equity to the process from which many Texans have been disconnected, and
WHEREAS, Chapter 3 of the Texas Election Code embodies the legal basis for the calhng of
electaons in the pohtlcal subdlxaslons of Texas,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Municipal League that the League endorse leglslaUon amending
Chapter 3 of the Texas Election Code to change authority to order a general elecuon to the
governing body of the polmcal subdivision
PASSED AND APPROVED by the membership of the Texas Municipal League this 18~h day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Ban'
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVER SHEET
Sponsonng Entity: Cq ty of Seabrook~ Harr~ s Cqunty
(City, TML Afflhate, and/or TML Region)
Br, efBackgrounfl: The Leq~slature ~s asked tO enact new laws each session
that ~f approved and signed have the effect o~ ~mposlnq new unf.,,nded mandates
on Texas Cities In some cases, prooonents a~o
or limit the authority of c~ties to regulate their co.unities
What theResolutlon is Intended to Accomphsh' Th~ re~nlut~nn w~ll cnmmlm~e~
the concerns of Texas c~ties of the legislature so that special ~nterest
legislation that would ~nfr~nge upon the deleqated authority of City Councils
would not be enacted
StatewldeImportance: Thas w~ll protect the authority of C~ty Councils to
serve their citizens without losing authority or hawng unfunded mandates
~mDosed bY the state
Submitted By: Name: Jack C Fryday
Title: Mayor
C~ty: Seabrook
Tdephone: (281) 291-5600
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
25
A RESOLUTION
RELATING THE ESTABLISHMENT OF UNFUNDED MANDATES
AND EROSION OF THE POWERS OF TEXAS MUNICIPALITIES IN
REGARD TO THE GOVERNANCE AND MANAGEMENT OF CITIES
WHEREAS, Texas crees have been created and empowered by the people to carry out the
protection of the mutual health, safety, and welfare of thexr cxtizens, and
WHEREAS, the Texas Constitution grants the power to carry out these sacred duties by elected
officials for the cxtles having been elected by the citizens whom they are directly accountable to,
and
WHEREAS, the prudent and responsible management of the affairs of the cities of Texas
reqmres that pubh¢ officials have the maximum ability and powers to meet their sworn duties
wxthout the maposmon of mandates that reqmre the expenditure of local tax revenues and the
erosion of local controls, and
WHEREAS, the Texas Legislature has enacted legislation in the past that erodes the power of
local government to control the acUvmes and functions of their crees, and
WHEREAS, the introduction and passage of legislation that erodes local governmental authority
or places unftmded mandates upon our crees threatens ,the sovereign powers delegated to Texas
cities by file ConstxtuUon,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Municipal League that the League, an association of the cities and
towns m Texas acting for the common good and m the best interest of the citizens of Texas, does
hereby urge the Texas Legislature to refrain from introducing, consldenng, or passing legislation
that would
1 Create new obligations on the part of Texas crees to provxde non-traditional services
to its cmzens without the necessary funding to carry out the sprat and prowslons of
such leg~slation, and
2 Create new statutes that limit or remove the rights of Texas c~Ues to control land uses,
business, development, or the enfomement of environmental impacts that affect their
lands or emzens, and
3 Create exemptions for other governmental ~gencles, special districts, or other political
sub&ws~ons that would allow the maposlti0n of projects, programs, or developments
w~thout first obtaining penmas~on of the local city an wlnch such actions are
proposed, and
4 Granting of exempUons, hcenses, or powers that would in any way overrule, set
aside, or prowde any exemptions to local land use powers or provisions of the mty
charters of Texas crees
PASSED AND APPROVED by the membership of the Texas Mumclpal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executave Darector
(Identical resolutaons were received from the City of E1 Lago, the City of Shoreacres, and the
City of Morgan's Point )
2001
TML RESOLUTION COVER SHEET
SDonsQrin= Entity City of Arlington
Br e B c ou d In Arlington, and in cities across Texas,
law enforcement officIals have encountered groups of minors
having keg parties Subsequent to taking actions against
the minors for obvious violations such as minors in
possession, public lntoxlcatlon, etc , the beer kegs are
seized Customers of alcohol beverage retailers must leave
a cash deposit for beer barrels, half barrels, and kegs
However, there is presently no way to trace these kegs to
the retailer, and subsequently to the person who put up the
deposit and made the alcohol available to minors
What the Resolutzon is Intended to AccomPlish The
resolutIon is intended to seek support from t~e Texas
Municipal League to work in con3unctlon with the City of
Arlington to pursue possible changes to state law or
adminIstrative regulations by the Texas Alcoholic Beverage
Commission that would impose the requirement of placing
identifying markings on beer barrels, half barrels, and kegs
so that they can be traced to the retailer where they were
purchased and consequently to the adult who purchased the
alcohol
Statewlde Importance Many cities in Texas have problems
with minors possessing and consuming alcohol Any changes
in state law of the type proposed could have positive
effects statewlde for enforcement of the Texas Alcoholic
Beverage Code
Name S~m W Goodall
Title Assistant C~tV Attorney/
Police Lecal Advisor
City Arlington
Telephone (817) 459-5622
26
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE ALCOHOLIC
BEVERAGE CODE OR THE ADMINISTRATIVE REGULATIONS OF THE TEXAS
ALCOHOLIC BEVERAGE COMMISSION TO REQUIRE THE PLACING OF
IDENTIFYING MARKINGS ON BEER BARRELS, HALF BARRELS, AND KEGS SO
THAT THEY CAN BE TRACED TO THE RETAILER
WHEREAS, keg parties involving nnnors are abundant, and the minors are prosecuted for the
obvious violations of the law, but there is no way of knowing who actually made the alcohol
available to the minors, and
WHEKEAS, alcohohc beverage retailers require a cash deposit for beer barrels, half barrels, and
kegs, but at thxs time there is no way of tracing these containers back to the retailer, and
WHEREAS, the requirement of placing identification markings on beer barrels, half barrels, and
kegs would allow these containers to be traced to the retailer and subsequently the person who
put up the deposit and made the alcohol available to the minors,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the League support legislation wluch would
amend the Alcoholic Beverage Code or the adnnmstratlve regulations of the Texas Alcoholic
Beverage Comn'nsslon to reqmre the placing of ldenUf3nng markings on beer barrels, half
barrels, and kegs so that they can be traced to the retailer and subsequently the person who made
the alcohol available to the minors
PASSED AND APPROVED by the membership of the Texas Mumctpal League flus 15th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J gturzl
ExecuUve Dxreetor
2001
TML RESOLUTION COVER SHEET
Sponsorina Entity: City of Arlington
Brae B c round: Arlington and cities across Texas with
businesses that hold alcoholic beverage permits face the
problems of alcohol being served to minors with resulting
problems Many of these offenses occur during "teen nights"
or "college nights" which are a~med at bringing large
numbers of minors into these clubs Present law prevents
sale of alcoholic beverages to minors To allow permit
holders to hold such activities, and to allow minors to
enter and remain in such clubs is to encourage them to drink
alcohol and to violate the law During bar checks of clubs
located in Arlington, officers have found that on "college
night" or "teen night" minors are present and are being
served alcohol
W~hat the Resolution Ks Intended to AccomDlish= The
resolution is Intended to seek support from the Texas
Municipal League to work in conDunctlon with the City of
Arlington to pursue possible changes to state law that would
control such activity by minors and alcoholic beverage
permit holders
Statewide ImDortance~ All municipalities with businesses
that hold alcoholic beverage permits face a problem of teen
drinking and possession of alcohol This legislation would
assist law enforcement in controlling such activity and
reducing alcohol offenses involving minors
Name Sim W Goodall
Title Assistant Cltv Attorney/
Police Leqal Advisor
City Arllncton
Telephone (817) 4~9-5622
27
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND
THE ALCOHOLIC BEVERAGE CODE RELATIVE TO MINORS ON
THE PREMISES OF ALCOHOLIC BEVERAGE PERMIT HOLDERS
WHEREAS, at as unlawful for a manor to purchase or attempt to purchase an alcohohc beverage
and to consume or possess an alcohohc beverage, and
WHEREAS, at ~s unlawful to sell an alcohohc beverage to a manor or to purchase or make
available an alcohohe beverage to a minor, and
WHEREAS, the adrmss~on of minors into premtses that hold alcohohc beverage permtts
increases the hkelthood of alcohohc beverages being consumed by minors, and
WHEREAS, amendments to the Alco'hohc Beverage Code relative to regulataon of manors on the
premases of alcohobc beverage penmt holders would decrease alcohol offenses anvolwng
rmnors,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumc~pal League that the League support legaslatmn whach would
regulate minors on the prennses of alcoholic beverage penmt holders by amending Chapter 106
of the Aleohohe Beverage Code by the add~tmn of S ectmn 106 031 to read as follows
§ 106.031 Minors on the Premases of Aleohohe Beverage Permit Holders
(a) It shall be unlawful for any alcohohc permit holder to hold a teen mght or college mght
on ats premises unless the bar as closed
Co) M~nors on Premises
It shall be unlawful for any nunor to enter and remain ~n any place ~n whach alcohohc or
malt beverages are sold, prepared, or d~spensed as the pnmary source of revenue, w~th
the following exceptmns
(1) When accompamed by ins parent or guardaan who ~s at least 21 years of age, m a
dmang or waatmg room wath an adult not later than 10 00 p m ~f the d~mng or
wmt~ng area is par~ of the licensed room aud the estabhshment receaves over 50% of
~ts revenue excluding cover charges, f~om food
(2) When the hcensed room or rooms are not epen for the sale or daspensang of alcohohc
or malt beverages, employees of the hcensee under the age of 21 may be permitted ~n
the course of their employment to work ~n the room or rooms
PASSED AND APPROVED by the membersbap of the Texas Mummpal League thru 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Bart
Presxdent
ATTEST
Frank J S~xa'zl
Executive D~rector
,
2001
TML RESOLUTION COVER SHEET
SDonsorin~ Entity City of Arlington
Brae B c r nd In Arlington, and in cities across Texas,
property owners and automobile dr~vers have had to contend
w~th drunken drivers, many of whom are aggressIve and all of
whom present an ~ncreaslng danger to the dr~v~ng public
State legislation zs requzred to authorize sobriety
checkpoints SB No 398 was submitted last year, but fa~led
to pass
What the Resolution is Intended to Accomplish The
resolution is ~ntended to seek support from the Texas
Municipal League to work in con]unction w~th the C~ty of
Arlington to pursue enactment of legislation to authorize
sobriety checkpoInts C~tles w~th entertainment dlstr~cts
have intoxicated dr~vers departing clubs, and drivers
leaving private part~es who endanger themselves and the
driving public These checkpoints would serve to deter such
activity by making it known to those considering such
activity that they will l~kely be subjected to having their
sobriety checked, and to encourage them to e~ther use a
designated driver, call a tax~, or not dr~nk
Stat,ewide Importance Not only municipal and county law
enforcement personnel, but also Texas Department of Safety
officers face the problem of drunk dr~v~ng, especially
during holiday per~ods This would provide all law
enforcement w~th a valuable tool to a~d in reducing death
and ln3ury to the citizens of Texas on our streets and
highways Our h~ghways and roadways w~ll become safer for
ourselves, our families and the travelzng publzc Any
changes in state law of the type proposed would have
posltlve effects statewlde
~ Name Sim W G0odall
Title Assistant C~tV Attornev/
Police LeGal Advisor
C~ty Arllncton
Telephone (817) 4~9-5622
28
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE CODE OF
CRIMINAL PROCEDURE TO AUTHORIZE SOBRIETY CHECKPOINTS
WHEREAS, drank drivers present an lncreaslng danger to the public, and
WHEREAS, a similar bill authorizing sobriety checkpoints was submitted dunng the last
legislature but foaled, and
WHEREAS, sobriety checkpoints would deter drunk drivers by making it known to those
consldenng such actavlty that they will hkely be subjected to having their sobriety checked,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the League endorse leglslauon winch would
amend the Code of Cmmnal Procedure to authorize sobriety checkpoints
PASSED AND APPROVED by the membershap of the Texas Mumclpal League tins 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST'
Frank J Smrzl
ExecuUve Darector
2000
TML RESOLUTION COVER SHEET
Sponsonng Entaty: CaW of Torero- Texas
( Catv. TML affihate, and/or TML Remon]
Brief Background: The City of Tatum as s'~mat~d m two c0unUes and is not authorized
under the Texas Alcohohc Bevem~,e Code to hold a mtv wade local ovtaon electaon
What the Resolutaon Intended to Accomplish: The mtroductaon and oassa~e of leg~slaUon
whmh mod, ties the reamrements for antholn~,n~ the holdm~ of a caw w~de local ootaon elecuon
to allow a CaW located m more than one county the abflatv to hold a local ootton elecUon
Statewide Importance' There are aoorox~matelv 105 crees m the State of Texas which are
situated w~thm the mnsdmuonal bo, mdar~es of more than one county Crees that are not satu-
ated m more than one county are anthonzed to hold local oouon elecUons under the Texas
Alcohohc Beverage Code. thereby cre~t,n~ an unfa, r satuataon for c~taes that are situated m more
than one county The mulU-countv reties should have the same authonW for local ontton
electrons as non-multl-counW crees
Submitted By: Name: Bob Hams
T~tle: Mayor
City: Tatum. Texas
Telephone: 903-947-2260
29
A RESOLUTION
R.ELATING TO LEGISLATION WHICH WOULD MODIFY THE REQUIREMENTS
FOR AUTHORIZING THE HOLDING OF A CITY WIDE LOCAL OPTION
ELECTION TO ALLOW A CITY LOCATED IN MORE THAN ONE COUNTY
THE ABILITY TO HOLD A LOCAL OPTION ELECTION
WHEREAS, approxnnately 105 cities in the State of Texas are wlthm the jurisdictional
boundaries of more than one county, and
WHEREAS, the office of the Attorney General of Texas, through opnnon No JM-468, has
opined that
The Texas Constltutmn, Article XVL, section 20, requires that the Legislature
shall enact a law or laws whereby the qualified voters of any incorporated
town or city may, by a majority vote of those voting, determine from time to time
whether the sale of intoxicating liquors for beverage purposes shall be prolublted
or legalized within the proscribed limits , and
The aforementioned section is not self-enacting, and
The county commissioners court does not have anthonty or power to order and
chrect a local option elect~on m a city lying partly m two counties, and
WHEREAS, although the Texas Constitution mandates that the legislature shall enact laws
authorizing local option elections m all c~t~es, the current prowsmns of the Texas Alcohohc
Beverage Code effectively prohibit the cmzens of a mty w~th~n more than one county from
holding a local option electron regarding all but one entitlement regulated by the TABC, and
WHEREAS, the continuance of the ex~sttng statutory prows~ons creates mequmes among Texas
reties, granting voting nghts contained wholly within one county, and
WHEREAS, at as our desire and behef that mumclpalmes should have the right to govern their
local affmrs,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tlus 2000 Annual
Conference of the Texas Mumclpal League that the League support legislation that would
modify the reqmrements for authonzmg a local option election to allow a municipality in more
than one county the ablhty to hold such an election
PASSED AND APPROVED by the membership of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVER SHEET
SPONSORING ENTITY' City of Beaumont
BRIEF BACKGROUND.
Mumc~pal law enforcement officers are often called upon by bus~ness and residential
property owners regarding "trespassers" on their property Pursuant to Penal Code
Section 30 05(D), Cnm~nal Trespass ~s a Class B or Class A misdemeanor offense
Accordingly, charges must be filed with and prosecuted by a d~stnct attorney's office In
many iunsd~ctlons ~t ~s d~fficult to get charges filed and prosecuted A city may be d~stant
from the district attorney's office or county court which would handicap prosecution, or the
c~ty may be located ~n multiple counties creabng logistic problems and d~sparate prosectlon
depending on tn which county the particular part of the c~ty where the v~olat~on occurred
~s located
WHAT THE RESOLUTION IS INTENDED TO ACCOMPLISH'
The resolution seeks support for inflating and strongly supporting legislation allowing home
rule c~tles to adopt a municipal ordinance (Class C violation) creating an offense if
someone enters or remains on property or in the building of another without effective
consent w~thln the boundanes of the mumc~pahty The legislation would allow wolat~ons
to be filed and prosecuted ~n municipal court, enhancing the prospects of prosecution and
prowdlng uniform enforcement/prosecution w~thm the municipal boundaries
STATEWlDE IMPORTANCE:
The penalty grade for cnrmnal trespass was raised from Class C to Class B pnmanly at the
request of rural land owners The proposed legislation would not ~mpact rural property
owners Legislation would i~ot re(~ulre but would enable a home rule mumc~pahty to adopt
a criminal trespass ordinance Law enforcement officers would have the option of issu~ng
a municipal court cltabon or arresting a violator, if circumstances warranted, and filing a
misdemeanor criminal offense w~th the appropnate district attorney's office for prosect~on
in county court Cnm~nal trespass is a significant offense impact~ng law enforcement in all
home rule mumclpaht~es
SUBMITTED BY Name Tom Scofield
T~tle Chief of Pohce
C~ty Beaumont
Telephone (409) 880-3801
30
A RESOLUTION
RELATING TO CRIMINAL TRESPASS
WHEREAS, the penal offense of criminal trespass is of major concern to bus~ness and
residential property owners in home rule cities, and
WHEREAS, mumclpal law enforcement officers are often called upon to enforce criminal
trespass statutes, and
WHEREAS, m the Penal Code, Section 30 05, cnnnnal trespass ~s currently classed as a Class B
or Class A rmsdemeanor, and
WHEREAS, the current statutory classification reqmres that a violation be filed w~th the district
attomey's offices for prosecution m county court, and
WHEREAS, it would be effective and efficient to prosecute criminal trespass violations in home
rule cities' muraclpal courts,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the League support legislation which would
authonze a home rule city to adopt, as a local ordinance, legislation creating an offense of
cnnnnal trespass pumshable as a Class "C' misdemeanor which would be prosecuted in
mummpal court
PASSED AND APPROVED by the membership of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST:
Frank J Sturzl
Executive Director
2001
TML RESOLUTION COVER SHEET
SDonsorin= Entity City of Arllngton
Brief ack ou d In Arlington, and in c~tles across Texas,
munlclpalltles have seen an Increase ~n burglaries of
vehicles We have arrested many repeat offenders, but find
that because the offense is a misdemeanor the offenders are
soon released and are out on the street committing more
burglaries of vehicles Some prosecuting attorneys are not
interested ~n taklng these cases to a 3ury because they are
property m~sdemeanors Increasing the punishment should
lead to more prosecutions and a greater deterrent
What the Resolution is Intended to Accomplish The
resolution is intended to seek support from the Texas
Municipal League to work 1n conjunction with the City of
Arlington to pursue ~ncreased punishment for burglary of
vehicles from a Class A m~sdemeanor to a state 3a~l felony
when two prior convictions of burglary of a vehicle have
been received
Statewide Importance Most cities have increasing problems
with burglary of vehicles Any change in state law of the
type proposed could have positive effects statewlde
~ Name S~m W G0odall
T~tle Asslstant C~tv Attorney/
Police LeGal Advisor
City Arl~ncton
Telephone (817) 459-5622
31
A RESOLUTION
RELATING TO LEGISLATION THAT WOULD AMEND THE TEXAS PENAL
CODE TO INCREASE THE PUNISHMENT FOR BURGLARY OF VEHICLES
WHEREAS, currently burglmy of a vebacle ~s a Class A m~sdemeanor, and
WHEREAS, repeat offenders are arrested, but because the offense is a m~sdemeanor, the
offenders are soon released and out on the street committing more burglaries of vehacles, and
WHEREAS, mereasmg the pumshment for burglary of vebacles would lead to more prosecutions
and be a greater deterrent to these crimes,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mume~pal League that the League support legislation wbach would
~ncrease the pumshment for burglary of vehmles by amendxng Section 30 04(c) of the Texas
Penal Code to read as follows
(c) An offense under tl, as secuon as a Class A misdemeanor, except wath two
prior conv~ct~ons of burglary of a vehicle, the pumshment shall be enhanced to a
state jarl felony
PASSED AND APPROVED by the membershap of the Texas Municipal League th~s 18th day of
November, 2000, at Austm, Texas
APPROVED
Kenneth Bart
President
ATTEST
Frank J Sturzl
Executive D~rector
200O
TML RESOLUTION COVER SHEET
Sponzormg Entity CITY OF CELINA
Brief Background. General Law Crees have been restricted m the development of
property out~lde the Corporate Limits and can only work vath a ½mde ETS related to
Sub Division Regnlatlons Many issues are considered just beyond that d~ance w~thout
the input of the Oenerel Law City General Law Cities suffer the greatest unpact upon
the current Tax Payers and Property owners when the corporate hrmts expand Planning
/'or the rapidly growing areas o£the State will only enhance our ability to draw the
structured economic grow~ required to keep Texas on the Top
What the resolution ts Intended to Aecompliah' We are tEnng to allow the rapidly
growing crees and counties w~tban the North Texas area to address the needs of the
future, now Planning for that future and willing to provide the services required along
w~th that plan, can aecomphsh thzs We realzze that thas zs a specific needs resolutmn
w~th the effects of urban sprawl m mind Being able to address the growth patterns of the
ETJ' will a¢comphsh a numb*r of ~tems that we see as extremely ~mportant for this area of
the State It should be noted that we are not trying to gan blanket acceptance of the
resoluaon/'or the State, however, the area where we s~t zs experiencing the strongest and
most explosive growth withan the Nation
S~atewlde Importance We feel that pmper~y values and the rights of property
owners will be preserved whzle allowing the economic growth of the area to continue
l~egwnally, these ~ssues will effect and have a lasting mapact on the heritage of our State
Proper planning for the area will only have the type of posit:ye reactwn that will result m
suuctured growth occumng, manageable by cities of all sizes
Submitted By Name Larry Bartlett
Title' City Administrator
C~ty City of Cehna
Phone.(972) 382-2682 #14
e-mail, flremar~alrmafl net
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
2000
TML RESOLUTION COVER SHEET
Spensorlng Entity. The City of Farmeravllle
Brief Baokground: The City of Farmeravllle is a small city (2,700 populabon)
located In eastern Collln County, one of the most rapidly growing counties in the
country In such a position, the City Council finds that urban problems and
sprawl leave the City ~n a vulnerable'position to regulate these problems To
have the maximum authority available to determine the type and manner of
growth In the Cgy, the Coun¢ll asks that the option of Home Rule be made
available
What the Resolution le Intended te acGomplleh The City Council hopes by
the passage of the Resolution to call attention to the above problems for small
c~es ,n metropolitan counties and urge consideration of prowdlng the option of
Home Rule for such municipalities
Statewide Importance: Urban sprawl is a growing threat to small communities
located in most, If not all, of the counties surrounding the major metropolitan
centers of the state such as Austin, Houston, and San Antonio
Submitted by:
George G Crump
Mayor
CK7 of Farmeravllle
972-782-6151
32
A RESOLUTION
RELATING TO AMENDMENTS TO THE GENERAL LAW OF THE STATE
OF TEXAS THAT, UNDER CERTAIN CIRCUMSTANCES, WILL ALLOW
CITIES WITH A POPULATION OF TWO THOUSAND FIVE HUNDRED
(2,500) OR MORE TO HAVE THE OPTION OF HOME RULE
WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Dallas/Fort
Worth Metropolitan Planmng Orgamzat~on are forecasting that the population of the Dallas/Fort
Worth area will increase by two n'nlhon e~ght hundred thousand (2,800,000) by 2025 A D, and
WHEREAS, NCTCOG estimates that Colhn County will account for twenty percent (20%) of
the aforemenUoned growth, and
WHEREAS, the growth rate experienced by the Cny of Farmersvflle, the Cny of Cehna, and
other less-developed areas will likely be greater than the growth rate m already developed areas,
and
WHEREAS, the City of Farmersvflle and the City of Cehna desire to prepare adequately for
growth through the adoption of comprehensive land use planning, and
WHEREAS, the City of Farmersvflle and the City of Cehna, as general law c~t~es, are
handacapped by their mablhty, under the general law of the State of Texas, to ensure
umncorporated areas will develop m ways consistent with the concept of a comprehensive plan,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumc~pal League that the League endorse amendments that will permit
general law crees of two thousand five hundred (2,500) or more m populauon, and that are
located in metropolitan counties where extensive growth is projected, to have the option of local
home rule
PASSED AND APPROVED by the memberslup of the Texas Mumclpal League ttus 18th day of
November, 2000, at Austan, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
(The City of Farmersv~lle and the Clty of Cehna subnutted virtually ~dent~cal resoluuons, each
wnh a separate cover sheet )
2000
TML RESOLUTION COVER SHEET
Sponaoring Entity Texas Mumc~pal H~tman Resources Association
Brief Background: Section 142 0015 governs overbme for F~refighters
and Pohce Officers ~n the State of Texas In 1987, governments were required to
follow the Fair Labor Standards Act In a past attempt to mesh the state law w~th
the federal law, 142 0015 was changed for Flrefighters and not for Police
Officers
What the Reeolutmon la Intended to Accomphah Th~s would make the state
law agree with the Fair Labor Standards Act for Pohce Departments and make
them equal w~th F~re Departments
Statewmde Importance. Th~s would reduce overtime costs ~n police
Departments and s~mpllfy compllance to one federal law
Submlt+.ed By Name Jim Parrlsh
Title D~rector of Human Resources
City Amarillo
Telephone. 806 378-4295
33
A RESOLUTION
I~ELATING TO HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE AND
POLICE DEPARTMENTS IN A CITY WITH A POPULATION OF MORE THAN 10,000
WHEREAS, Section 142 0015 of the Local Government Code currently regulates the hours of
labor and vacation for members of the fire department in a mty w~th a populatmn of more than
10,000 by providing that fire departments are subject to the Fair Labor Standards Act, and
WHEREAS, no current provision of Chapter 143 of the Texas Local Government Code provides
that pohce departments are subject to the Fmr Labor Standards Act (FLSA), and
WHEREAS, the Texas Mummpal Human Resources Association (TMHRA) is of the oplmon
that mgmficant rexlucUons m cost and habthty exposure under the FLSA may be actueved by
amenrhng Section 142 0015 of the Local Government Code so as to make police departments
subject to FLSA,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mummpal League that the League support legislation amending Sectton
142 0015 so as to make police depa~h~ents subject to the FLSA
PASSED AND APPROVED by the membersl'np of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST'
Frank J Sturzl
Executive D~rector
200O
TML RESOLUTION COVER SHEET
Sponsoring Ent,ty' Texas Mumclpal Human Resources Association
Br,ef Background. Section 143 014(c) governs a Police or Fire Chief's
ability to appoint employees to positIons d~rectly below them ~n rank Otherwise
they must h~re on the bas~s of who scores the h~ghest on a cognitive test
Cognitive tests are not predIctive of leadership skills
What the ReeolutEon Is Intended to Accompl,eh This change would allow a
Police or F~re Chief in larger c~es to have more power to appoint their closest
assistants and therefore manage their departments more efficiently
Statewide Importance Assists F~re Chiefs and Police Chiefs ~n managing
their departments
Submitted By. Name. J~m Parnsh
TEfle. D~rector of Human Resources
City Amanllo
Telephone: 806 378-4295
34
A RESOLUTION
RELATING TO APPOINTMENT AND REMOVAL OF A PERSON
CLASSIFIED IMMEDIATELY BELOW A DEPARTMENT HEAD
WHEREAS, Section 143 014(c) of the Local Government Code currently provides for the
number of pos~t~ons, munechately below department head, that may be appointed by the
department head m a c~ty that ~s covered by Chapter 143, and
WHEREAS, the Texas Mumcapal Human Resources Association (TMHRA) and the Texas
Pohce Chefs Assocaataon are of the opnuon that pohce chaefs and fire ctuefs will be better able
to manage thear departments ff they are able to appoint the persons ~mmed~ately below them
rather than on the bas~s ora cogmt~ve test, and
WHEREAS, police chefs and fire chiefs will be better able to manage their departments ~f they
are able to appoint more person ~mmed~ately below them than the number currently permitted by
law,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumc~pal League that the League endorse legislation that would amend
Section 143 014(c) so as to better enable pohce chiefs and fire chtefs, ~n c~t~es covered by
Chapter 143, to better manage their departments by penmtung them to appoint the persons
nnmed~ately below them rather being required to promote candidates on the bas~s of a cogmt~ve
test and so as to allow pohce chiefs and fire cluefs to be better able to manage their departments
by enabhng them to appoint a greater number of persons nnmedlately below them than the
number currently perrmtted by law
PASSED AND APPROVED by the membership of the Texas Mumcapal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity' Texas Municipal H[Jman Resources Assoc~abon
Brief Background Section 143 025(~) reequ~res that police and fire
applicants be considered for appointment ~n order of their scores on a wntten
examlnabon Th~s would change the law to allow scores ~n a statistically
s~gn~ficant band to be considered equal
What the Resolution ms Intended to Accomplmsh' There is no way to predict
that a person who makes a 95 on a cogmtmve test w~ll perform better as a
fireflghter or police officer than a person who makes a 93 Through a statistical
analysis a band cf scores can considered equal Th~s would allow a Chief to
consider many other qualifications beyond a written score to determme who ~s
the most qualified
Statewide Importance This change would assist F~re Chiefs particularly mn
going further down a list to find candidates with better skills than s~mply one
cnterla of cognmbve reasoning
Submitted By' Name. J~m Parnsh
Tiffs: D~rector of Human Resources
City. Amarillo
Telephone' 806 378-4295
35
A RESOLUTION
RELATING TO ENTRANCE EXAMINIATIONS AND THE PROCEDURE FOR
FILLING BEGINNING POSITIONS FOR FIRE FIGHTERS AND POLICE OFFICERS
WHEREAS, Sections 143 025(0 and 143 026 of the Local Government Code regulate the hmng
of entry level fire fighters and pohee officers m order of highest ranPang on a written
examination m cities covered by Chapter 143, and
WHEREAS, the Texas Mummpal Human Resources Association (TMHRA) IS of the opinion
that the current system does not necessarily provide for the selection of the most qualified
candidates, and
WHEREAS, the TMHRA is of the opmmn that candidates who are m a statlsucal band of scores
show equal cogrntlve skalls, and
WHEREAS, the TMHRA believes that additional qualifications other than cognitive scores
should be considered to determine the most qualified candidates,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tins 2000 Annual
Conference of the Texas Mummpal League that the League endorse legislation to amend
143 025(0 and 143 026 to provide for the select,on of candidates from a test using statlstmal
score banding m reties covered by Chapter 143
PASSED AND APPROVED by the membersinp of the Texas Mummpal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity Texas Mumclpal Human Resources Assoc~abon
Brief Background: Section 143 026(a) guarantees that any vacancy that
occurs In a fire or police classified pos~bon be filled Cities need to be able to
adjust the number of pos~tions that they have ~n any classification ~n order to
adjust to changing needs w~th~n a community
What the Resolution Is Intended to Accomplish The change w~ll allow a
c~ty to eliminate a pos~t~on w~thout hawng to temporanly promote an employee for
one pay penod and then to demote him/her once the pos~t~on ~s eliminated
Stetewide Importance' This would allow c~tles to determine the number of
pos~t~ons needed ~n each class~fication w~thout creating a property right in a
poslt~on
Submitted By Name Jim Parrlsh
Title' Director of Human Resources
City Amanllo
Telephone. 806 378-4295
36
A RESOLUTION
RELATING TO THE PROCEDUPd~ FOR MAKING APPOINTMENTS FOR FIRE
FIGHTERS AND POLICE OFFICERS
WHEREAS, Section 143 036(a) of the Local Government Code currently prowdes that, ~n a city
covered by Chapter 143, when a vacancy occurs m a non-entry pos~t~on that ~s not appointed by
the depa~ent head the vacancy must be filled, and
WHEREAS, the Texas Mumclpal Human Resources Association (TMHRA) ~s of the opinion
that better management of resources may be achieved by emending Section 143 036(a) so as to
perrmt a mumclpahty's govermng body to elmnate the posmon w~thm sixty (60) days after the
date the vacancy occurs,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mummpal League that the League endorse legislation amending Section
143 036(a) so as to penmt a mumc~pahty's govermng body., ~n a mty covered by Chapter 143, to
chromate the posmon w~thm sixty (60) days after the date me vacancy occurs
PASSED AND APPROVED by the membership of the Texas Mummpal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST,
Frank J Sturzl
ExecuUv¢ Director
2000
TML RESOLUTION C(3VER SHEET
Sponsoring Entity' Texas Mumc~pal HHman Resoumes Association
Brief Background: Section 143 027(a) requires that a Fireflghter or
Police Officer serve a probationary penod of 12 months from the date they are
h~red Th~s would change that bme period from 12 months to 18 months
What the Resolution Is Intended to Accompl,sh Lengthemng the
probationary period would allow Fire Chiefs and Police Chiefs more ttme to these
trainees for cruc;al pubhc safety poslbons Most academies are 18 weeks long
That leaves 34 weeks of field tralmng Th;s weuld allow for a full year of field
training and observat;on after classroom work
Statewide Importance Th~s would ensure that we have fully trained
F~refighters and Pohce Officers on our City streets It ~s particularly important for
Police Officers who exercise independent judgement m volatile s~tuabons
Submitted By' Name' Jim Parnsh
Title. Director of Human Resources
C,ty' Amanllo
Telephone: 806 378-4295
37
A RESOLUTION
RELATING TO THE PROBATIONARY PERIOD FOR
FIRE FIGHTERS AND POLICE OFFICERS
WHEREAS, the probattonary penod for pohce officers and fire fighters is established by Section
143 027(a) of the Local Government Code for crees covered by Chapter 143, and
WHEREAS, the current probationary period for police officers and fire fighters is twelve (12)
months beglnmng on that person's date of employment; and
WHEREAS, the Texas Mumclpal Human Resources Assomatlon (TMHRA) and the Texas
Pohce Chtefs AssocmUon are of the opmmn that extending the probanonary period to e~ghteen
(18) months would promote the well-being and safety of the pubhc,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at thts 2000 Annual
Conference of the Texas Mumc~pal League that the League support legtslat~on extending the
probaUonary period ofpohce officers and fire fighters to eighteen (18) months m crees covered
by Chapter 143
PASSED AND APPROVED by the membership of the Texas Mumc~pal League this 18th day of
November, 2000, at AusUn, Texas
APPROVED
Kenneth Barr
President
ATTEST,
Frank J Sturzl
Executive Darector
2000
TML RESOLUTION COVER SHEET
Sponsoring Enffiy:
(City, TML Affiliate, and/or TML Region)
Brief Background: Currently. st. nte law reoutres that ammal~ (doRs. ca~s. and feffets~ be
vacemsted for rabies bv fo~ mnnth~ of ~e O~V vete~n~s ~e ~tow~ to rove mb~es
vaccl~uons Smte law ~so~am~s ~at zmmals' w~ch f~l ~der~e con~l °f a mmcmahw'
be vaccm-ted befo~ be~n~ ~ooted to ~e comm~W~or m~ed to ~e~r o~e~ ~ ~e C~W of
P~mdlo. the closest veten~v~ is ~o~d 86 miles away he~ce, many ~mmals do not
c~reut va~mat~ons ~ls forces ~e mW to e.thzmy~ many zmmal~ ~at could ~ ~ to
their o~e~ or adopted to the
What the Resolution is Intended to Accomphsh: Tlus resolution should suooort the Texas
State Le_o~!~ture oa~m~ a bill that would allow state certified animal control officers to
~dm~r.~ rabies vaccinations to ammals that come vnder their control Th~s bill could also be
bracketed to limit this orol~ull to counties with smal! Ooon!~t~on denmtles Ult~mately~ thl~ will
increase vac¢:~.m~ons tn these ¢ornl~ nnmes, whmh ~moroves safew and health in the commumtv
Ststew~de Importance: Ttus ~s lmoortant for lmorovln~ the health and safety of rural
commumtles across the state Even thoui,.h flus resolution focuses on rural areas. ~t can improve
health ~n the ennre state because of moblhtv in our modem socleW, which makes It easy for thc
spread diseases This wdl also benefit the nubhc beyond health and safety reasons because it
will expedite the nrocess of remmmo .~mal.q to their owners and adootlng out ammals to the
public
Submitted By: Name: Barrg L Sullivan
Title: C~W A_dm*mstrator
Cl~/-* CIw of Presidio
Telephone: (915~ 229-3517
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
38
A RESOLUTION
RELATING TO PASSING A RABIES BILL THAT WILL ALLOW STATE-CERTIFIED
ANIMAL CONTROL OFFICERS TO ADMINISTER RABIES VACCINATIONS
WHEREAS, thc City Council of thc City of Presidio, Texas finds that many animals which are
required to have rabies vaccinations have not been vaccinated for rabies in the City of Presidio,
and
WHEREAS, the concern over the spread of tables is a legitimate health concern of the city, and
WHEREAS, the State of Texas allows only licensed vetennanans to give rabies vaccinations,
and
WHEREAS, the State of Texas requires that animals that are under the control of the city anunal
shelter be vaccinated before they are r¢1¢ased to the public, and
WHEREAS, there ~s not a hccnsed veterinarian within 86 miles of the city, and
WHEREAS, thc city is forced to euthamz¢ animals that could be adopted or returned to people in
the community,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Municipal League that thc League endorse a bill that (1) will allow
state-certified animal control officers to administer rabies vaccinations, and (2) will reqmre
mandatory traimng for state-certified ammal control officers
PASSED A.ND APPROVED by thc memberslup of the Texas Municipal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVERSHEET
Sponsonng Entity CxrV 0fNorth R~ehland Hills
Brief Background There has been a recent exvl~on m the ~nvate ownersluv of dangerous wdd
ammal~ such as hons. tlc,ers, cougars, bears, eh~mpa~n~ees, etc Tbas ownerstup has created a dan~er
to pubhe safet-v throat, haut the state W~thm the last few years there have been numerous reported
~ttaeks by these ammalg on clt~an~ (many of whom were children'} resultm~ m severe injury and
death Texas currently has no statew~de retaliation of the ownership of these ammals and even
thou~_h some mume.~?alme~ have attemnted re_w~lanon through ordinances, because of the close
prO~x!m~tv Of other mnmm?aht~a$ and unmeorp_ orated areas w~thm go~!ntleS, local regulation is
insuffiemn~' Thc mm~mnm re?lat~on needed is to reamre the owner ofa danoerons wdd anmml to
re~ister the ammal Wlth the local flr~mal control authority, mmntam habllltv insurance of at least
$100,000 to cover any ,4amazes to l~roperty or ln_larV or rip,th to persons caused by the annnal~
securely and humanely cane the animal_ alld nromde adce_uate care for the anaml
What the Resolution ~s Intended to Accomphsh The resglutxon Is mtcnrled to scek support f~om the
Texas Mnmetpal League to work m comunctmn wtth other interested part~¢s to ~romde chain,es to
state law to reonlate the ownerslun of these dan?erous wild ammal~ to ensure the ~ubhc safety and
the humane trt-~atmerlt of the annnals
Statew~de Importance Mmucmal re~nlatmn of these ~lmmal~ iS sporadic and ineffective because
neighboring mnnlm?almes Inav not effectively regulate these ammal~ and because there Is no
regn!~t~nn w~thm the nmneorv0mt_e0 areas ofthe ~ate Since these amma!~ know no boundaries, the
kcepm~ of these anlmal.q II1 the vlcmltv ofa rmmlell~ahty could pose a threat to the catzens wtthm the
mnme.~psl! _ty Any state re~flatmn of the _tyne pronosed would have a nos~t~ve affect on ~ubhc safety
statew~de
Subrmtted by Name Pam Burney, R S
T~tle Enwronmental Sermces Dtrector
C~ty North P-richland Hills
Telephone ( 817 ) 427-6655
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM
39
A RESOLUTION
RELATING TO CHANGES IN STATE LAW TO REGULATE
THE OWNERSHIP OF DANGEROUS WILD ANIMALS
WHEREAS, there has been a dramatic increase in the private ownership of dangerous wild
antmals such as hons, tigers, cougars, jaguars, bears, chimpanzees, and others throughout the
State of Texas, and
WHEREAS, the unregulated ownership of these ammal$ poses a threat to the public safety, and
WHEREAS, local regulataon of the ownership of these animals as insufficient because of the
inconsistent regulation and enforcement from mty to Clty and the vast mount of umncorporated
land w~thin the state, and
WHEREAS, almost every other state w~thm the Umted States has some form of regulation of
ownership of dangerous vald animals to protect the pubhc safety and ensure the humane
treatment of the ammals,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumc~pal League that the League support the statewlde regulation of
ownership of dangerous wild ammals by reqmnng, at a m~mmum, the owner to register the
ammal, maintain habahty insurance of at least $100,000 to cover death or mjury to persons or
damage to property caused by the animal, house the animal in a primary enclosure of adequate
s~ze and strength, and properly care for the animal
PASSED AND APPROVED by the membership of the Texas Mumc~pal League this 18th day of
November, 2000, at Auatm, Texas
APPROVED
Kenneth Ban'
Premdent
ATTEST
Frank J Sturzl
Executave D~rector
(Identical resolutions were submitted by the City of Mont Belvleu and the C~ty of Azle )
2001
TML RESOLUTION COVER SHEET
SDonsorin= Entity City of Arlington
Brae~ A few years ago, the Texas Legislature
amended the Penal Code to provide an exception to the
proh~bltzon of gambling to allow prizes of less than F~ve
Dollars ($5 00) in value The slot machine industry has now
moved 1nto Texas and ~nstalled hundreds and perhaps
thousands of 8-1lners in neighborhood shopping centers,
programmzng payoffs to Five Dollar ($5 00) limits per play
The Attorney General has opined these devlces violate the
gambling laws Litigation has ensued
What the Resolutaon is Intended to AcComplish This
resolution is intended to close a perceived loophole in the
gambling law that might allow slot machines to operate
throughout Texas
Statewide Importance There ~s a prollferatlon of 8-
11hers in shopping centers, clubs, and convenience stores
throughout the state
Submztted by Name Sim W Goodall
Title Assistant C~tV Attorney/
Police Leqal Advisor
City Arl~ncton
Telephone (817) 4~9-5622
40
A RESOLUTION
RELATING TO LEGISLATION PROHIBITING THE OWNERSHIP, MANUFACTURING,
COMMEKCIAL TRANSFER, OR POSSESSION OF VIDEO SLOT MACHINES
WHEREAS, Chapter 47 of the Texas Penal Code protnblts the ownerslup, manufactunng,
commercial transfer, or possession of any gambhng device, and
WHEREAS, the Texas Legislature has amended Chapter 47 of the Texas Penal Code so as to
create an exceptton permlttmg gambling m wlmch prizes are less than five dollars ($5 00), and
WHEREAS, the slot/arcade machine industry has installed video slot machines in stores and
shoppmg center m neighborhoods in the State of Texas, and
WHEREAS, these video slot machines are programmed so as to permit pnzes of five dollars
($5 00) or less per play, and
WHEREAS, the term '¥er play" has been perceived to be sufficiently broad so as to permit
programming that results in pnzes in excess of five dollars ($5 00), and
WHEREAS, the Attorney General of the State of Texas has opined that video slot machines
violate the provisions of Chapter 47 of the Texas Penal Code, and
WHEREAS, htlgatnon has ensued resulting in unequal enforcement of the law governing such
maclunes, and
WHEREAS, mummpalmes and the clttzens of the State of Texas have an interest m the uniform
and effecttve enforcement of thc cnmmal laws of this State,
NOW, THEREFORE, BB IT RESOLVED by the delegates assembled at tlus 2000 Annual
Conferanc¢ of the Texas Mumclpal League that the League support legislation that would
protnblt the ownershtp, manufactunng, commercial transfer, or possession of video slot
maclunes watlun the State of Texas
PASSED AND APPROVED by the membership of the Texas Mummpal League this 18th day of
November, 2000, at Austm, Texas
APPROVED
Kenneth Bmr
President
ATTEST
Frank J Sturzl
Executive D~rector
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity. TML Transportataon Task Force
Bmef Background Tins resolutaon is the report of the TML Transportation Task Force
It represents the culmination of the work undertaken by the task force members In tins resointaon,
the task force makes xts recommendataons regarding legislative priorities
What the Resolutaon is Intended to Aceomphsh. Tins resolutson and the accompanying
task force report are intended to assxst the membersbap and the TML Board in xdentafymg
pnonty leg~slaUve ~ssues Most, ffnot all, of the ~ssues descnbed ~n the report are self-explanatory
Any of the ~ssues can be fully descnbed and explained by task fome members and/or the TML
staff during the Resolutxons Cormmttee meeUng and the Annual Business Meetang
Statew~de Importance: The ~ssues addressed ~n ttus resolution and task force report are of
statew~de ~mportance almost by defimt~on The task force included members from each part of
the state, and they carefully considered statewtde unportance - and other factors - when making
their recommendaUons
Submitted By Task Force Chart Lmda Harper-Brown, Councfimember, Irving
For further mformatmn Frank Stur71
TML Exeout~ve D~rector
512-719-6300
41
A RESOLUTION
ADOPTING THE REPORT OF THE TML TRANSPORTATION TASK FORCE
WHEREAS, the 2000 TML Transportation Task Force was appointed by TML President
Kenneth Bart in rind-2000, and
WHEREAS, more than 25 municipal officials from cities of every s~ze across the state served on
the task force, and
WHEREAS, the task force considered numerous issues relating to transportation, and
WHEREAS, the task force has completed its work and has drafted the attached report,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at tins 2000 Annual
Conference of the Texas Mummpal League that the attached report of the TML Transportation
Task Force be accepted and adopted
PASSED AND APPROVED by the mernberstnp of the Texas Mummpal League this 18th day of
November, 2000, at Austm, Texas
APPROVED
Kenneth Ban'
President
ATTEST
Frank J Sturzl
Executive Director
REPORT OF THE TML TRANSPORTATION TASK FORCE
The Texas Mumclpal League Transportation Task Force recommends that the
League endorse legislation that would
1 increase the level and avaflablhty of state transportation funding for
construction and maintenance,
2 streamline the Texas Department of Transportation to make it more
effective and efficient,
3 improve highway safety and incident managemem, or
4 facilitate the creation and expansion/enlargement of mass transit
systems
2OOO
TML RESOLUTION COVER SHEET
Sponsor,ng Entity TML Region 13
(C~ty, TML Affihate, and/or TML Region)
Brief Background
Resolubon 001 was adopted by the TEX-21 coalition TEX-21 is a statewlde grassmots
transportation coalit~on consisting of mayors, councllmembers, c~ty managers, county officials,
chambers of commerce, and pnvate bus~ness people
What the Resolution ~s Intended to Accompheh
A Resolution commending members of the Texas Congressional Delegation for their efforts ~n
securing a m~mmum 90 5% rate of return to Texas ~n TEA-21, and encouraging them to remedy
the mult~-mllhon dollar annual loss of funding to Texas from FHWA D~scret~onary Programs
Statewlde Importance'
Th~s ~mpacts the statew~de transportation network
Submitted By Name Glenn A Repp
Title Region 13 Secretary
City C~ty of Duncanwlle
Telephone' (972) 298.0213
42
A RESOLUTION
RELATING TO FEDERAL HIGHWAY FUNDING
WHEREAS, Transportation Excellence for the 21st Century (TEX-21) is a statewlde coalition of
cities, counties, private businesses, chambers of commerce, metropohtan planning organizations,
and other anterested groups focused on nnprovlng transportation infrastructure m the State of
Texas, and
WHEREAS, since implementation of the North American Free Trade Agreement (NAFTA), the
State of Texas has experienced a slgmficant increase m lntematlonal trade that has diversified the
economy and lowered suscepttbflaty to domestic econonnc downtums, and
WHEREAS, the TEX-21 Comrmttee on Intcrrnodal Transportation and NAFTA Corridors and
the Comrmttee on Transportation Finance have formally adopted a scope that includes a review
of federal funding levels, and
WHEREAS, in 1998, due to the great leadership exhibited bY stm, embers of the Texas
Congressional Delegation, the Transportation Equity Act for the 21 Century (TEA-21) was
made law and included a rmmmttm guarantee to states ofg0 5%, and
WHEREAS, since passage of TEA-21, Texas has received a rate of return of approximately 50%
on Federal Highway Administration (FHWA) discretionary funding, which results in a loss of
millions per year m transportation infrastructure funding, and
WHEREAS, the FHWA discretionary program "National Comdor Plarmtng and Development
and Coordinated Border Infrastructure Program" has criteria which favor border areas that
expenance sigrnficant NAFTA trade traffic, and
WHEREAS, the State of Texas accounts for approximately 85% of the entire border with
Mexico, and accounts for 80% of all NAFTA track traffic in the United States, and
WHEREAS, other states are receiving a tugher and dispropomonate rate of return for this
chscreUonary program wtuch does not meet the needs as adenufied by the Congressionally
enacted funding criteria, and
WHEREAS, the 50% rate of return on FHWA discretlonary programs has resulted in an overall
rate of return to Texas of approxmaately 88%, which is below the minimum guarantee of 90 5%,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mummpal League that the members of the Texas Congressional
DelegaUon are to be commended for their efforts dunng the passage of TEA-21 to guarantee a
mlmmum of 90 5% rate of retum to the State of Texas, and that the members of the Texas
Congressional Delegation are hereby encouraged to work with the executive branch to enforce
funding cntena and increase the rate of return to the State of Texas for FHWA d~scretlonary
programs, which at least meets the 90 5% rate of return
PASSED AND APPROVED by the membersinp of tho Texas Mummpal League tins 18'h day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Dxrector
2000
TML RESOLUTION COVER SHEET
Sponsor,ng Entity TML Region 13
(C~ty, TML Affiliate, and/or TML Region)
Br,ef Background
Resolution 013 was adopted by the TEX-21 coaht~on TEX-21 is a statew~de gmssmots
transportation coalition consisting of mayors, counc~lmembers, c~ty managers, county officials,
chambers of commerce, and pnvate bus~ness people
What the Resolution la Intended to Accomplish
A Resolution for the Stats of Texas to ~mplement a program of graduated dnvers' hcenses
Statewide Importance.
Th~s ~mpacts the statewide transportation network
Submitted By Name. Glenn A Repp
Title. Region 13 Secretary
City C~ty of Duncanwlle
Telephone: (972) 298.0213
43
A RESOLUTION
RELATING TO GRADUATED DKIVERS' LICENSES
WHEREAS, Transportation Excellence for the 21st Century (TEX-21) Is a statewlde coahtmn of
clues, coun'nes, pnvate businesses, chambers of commerce, metropohtan planning orgamzatmns,
and other interested groups focused on ~mprowng transportation ~nfrastmcture in the State of
Texas, and
WHEREAS, the TEX-21 Committee on Air Quahty, Roadway Safety, Design, and Construction
Standards has formally adopted a scope that includes a review of roadway safety, and
WHEREAS, teens account for only seven percent of all drivers but are involved in 20 percent of
all crashes; and
WHEREAS, vetucle crashes are the leading cause of death for teenagers, and
WHEREAS, a 16 year-old driver with one passenger ~s 39 percent more hkely to be kalled m a
crash then one driving alone, and with two passengers the hkehhood of a fatal crash lumps to 89
percent more than ~f driving alone, and when three or more passengers are ndmg w~th a 16 year-
old the hk¢lhhood soars to 182 percent,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumclpal League that the League endorse a graduated drivers' hcense
program m order to reduce the accident rates of teenage drivers
PASSED AND APPROVED by the membership of the Texas Mumc~pal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Burr
President
ATTEST
Frank J Sturzl
Executive Director
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity TML Region 13
(C~ty, TML Affihate, and/or TML Region)
Brief Background
Resolut~on 014 was adopted by the TEX-21 coalition TEX-21 ~sastatew~degrassroots
transportation coalition consisting of mayors, counc~lmembers, city managers, county officials,
chambers of commerce, and pnvate business people
What the Resolution is Intended to Accomplish
A Resolution for the State of Texas to change the overweight truck permitting system to g~ve a
h~gher pnonty to safety concerns and ~nfrastructure damage
Statewlde Importance
Th~s ~mpacts the statew~de transportation network
Submitted By Name' Glenn A Repp
Title Region 13 Secretary
City City of Duncanwlle
Telephone' (972) 298.0213
44
A RESOLUTION
RELATING TO TKUCK PERMITTING
WHEREAS, Transportation Exeellenee for the 21st Century (TEX-21) is a statewlde coalition of
cxt~es, counties, private businesses, chambers of commerce, metropohtan planmng orgamzations,
and other 'interested groups focused on unprovlng tral~sportatlon mfxastrueture m the State of
Texas, and
WHEREAS, the TEX-2! Committee on Air Quahty, Roadway Safety, Design, and Construction
Standards has formally adopted a scope that includes a review of roadway safety, and
WHEREAS, trucks exponentmlly increase maintenance costs and increase traffic congestion,
and
WHEREAS, damage caused by overweight trucks, particularly to off-system bridges, is a serious
safety issue,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that the League endorse an over-weight truck
penmttmg system to give a higher priority to safety concerns and infrastructure damage, and
that, at the very least, trucks should not be allowed to cross bndges when their weight exceeds
the posted weight hm~ts
PASSED AND APPROVED by the membership of the Texas Mumelpal League this 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank .l Sturzl
Executwe Director
2000
TML RESOLUTION COVER SHEET
Sponsoring Entity:
City of La Grange
Brief Background:
The C~ty of La Grange has been trying to develop a mandatory truck route m order
to protect the travehng pubhc around an unsafe roadway m our commumty for
many years Under current law, crees can only designate a mandatory truck route
when the route xs entirely w~thm the mumelpahty The reqmrement that the
designated route be w~thln the boundaries of the mumelpahty does not allow th~s
What the Resolution Is Intended to Accomplish:
The proposed legislation would allow small c~t~es workang w~th the county and
state to develop mandatory truck routes to protect the travehng public
Statewide Importance:
Will allow all crees to regulate truck traffic to protect the safety of the c~t~zens of
th~s State regardless of the slze of the commumty
Submitted By: Dawd R. Noak
Mayor
City of La Grange
979/968-5805
45
A RESOLUTION
RELATING TO LEGISLATION WHICH WOULD ALLOW CITIES TO ESTABLISH
MANDATORY TRUCK ROUTES NOT WHOLLY WITHIN THE MUNICIPALITY
AND TO REGULATE TRAFFIC ON A STATE-MAINTAINED ROADWAY
WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of
importance to local govermng bodaes around the state, and
WHEREAS, the Annual Conference is scheduled for November 15, 2000, in Austin, and
WHEREAS, under current law, small cities have limited ability to manage vehicle traffic
traveling though their communities, in that mandatory truck routes must be entirely within the
boundaries of the municipality, and
WHEREAS, this legislation is necessary in order to protect the safety and well-being of the
traveling public,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2000 Annual
Conference of the Texas Mumclpal League that TML endorse legislation that would give cities
the authority to mandate designated track routes on a roadway not entirely within the
mumclpahty
PASSED AND APPROVED by the membershtp of the Texas Mumelpal League ti'ns 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive Director
2OOO
TML Resolution Cover Sheet
Sponsor,ng Entity C~ty of North P, ichiand Hdls
Brmf,Background The Texas Department of Transportation (TxDOT) currently
~nstalls, maintains and operates all traffic s~gnal systems on TxDOT maintained
roads and h~ghways for all cities of less than 50,000 populabon This
arrangement worked out well until onset of the rap~d urbamzat~on and growth of
Texas c~t~es has occurred IN all metropolitan areas ther~ ~s a movement to
connect and ~ntemonnect traffic s~gnal systems to provide ;'or eas~er and freer
flow of vehicular traffic Th~s movement ~s usually coordinated by the largest
local Metropohtan C~ty and TxDOT Most urban, metropohtan c~t~es of
populations of less than 100,000 have TxDOT maintained roads traversing them
that need to be coordinated on a regional bas~s W~th the advent of s~gnal
preemption systems, a new and ~mportant aspect of coordination ~s revolved
Many c~bes between the 50,000 and 100,00 population level do not have the
resources avadable to support these complex ~ntegrated traffic s~gnal systems
What the Resolution Is Intended to Accomphsh Assign the respons~bdlty for
all costs of traffic s~gnal and traffic s~gnal preemption systems ~nstallatlon,
operabon and maintenance on the Texas Department of Transportation
maintained roads and h~ghways for all c~t~es of less than 100,000 population to
the Texas Department of Transportation
Statew,de Importance If the c~ty population ceding of 50,000 ~s not raised to
100,000 for traffic s~gnal and traffic s~gnal preemption systems ~nstallabon,
operation and maintenance on Texas Department of Transportation maintained
roads and h~ghways, severe negabve ~mpacts could be felt by Texas C~t~es and
the traveling pubhc which Include
· City budget ~mpacts that act as Unfunded Mandates on Texas C~bes
· Lack of resources for c~bes w~ll negatively ~mpact the future ~nstallat~on,
operation and maintenance of these critical Infrastructure systems
· Traffic s~gnal systems, especially ~n metropohtan areas, need to be
coordinated on a regional bas~$ for efficient traffic movement,
economic development, emergency response and security
Subm,tted by Name Greg V~ck
T~tle Managing Director
C~ty North R~chland Hdls
Telephone 817-427-6009
46
A RESOLUTION
RELATING TO A NEW POLICY OF THE TEXAS DEPARTMENT OF
TRANSPORTATION (TxDOT) FOR CITII~S TO iNSTALL, MAiNTAiN,
AND OPERATE TRAFFIC SIGNALS WITHiN THEIR CORPORATE
LIMITS TO CITIES WITH POPULATIONS OF 100,000 OR GREATER
WHEREAS, the current state pohcy regardtng the ~nstallauon, mmntenance, and operation of
traffic s~gnals on the state haghway system m incorporated c~t~es of less than 50,000 populatmn
calls for the Texas Department of Transportation (TxDOT) to be responsible for such dutaes
when requested by the mty council, mayor, or caty manager, and
WHEREAS, such pohey forces moderately-sazed caUes to face exponentml leaps m the quantity
of traffic sagnals they will have to assume responmbflaty for mamtatmng and operating, and
WHEREAS, ~t has been determined by TML that at as more appropriate for TxDOT to own,
operate, and maintain traffic sagnals and assocmted devines on roadway facfl~ties wtth~n the
corporate caty hrmts until such ¢~ty reaches a populataon of 100,000 or more when the c~ty will
have enough resources to handle such an increase m responsthfltty, and
WHEREAS, the costs assocmted wath smd transfer wall be a large burden on such mtaes,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at th~s 2000 Annual
Conference of the Texas Mumcapal League that the League express ~ts support for a change m
state pohcy to set the populataon levels at less than 100,000 for ancorporated cmos for whmh the
Texas Department of TransportaUon install, mmntmns, and operates traffic s~gnals upon request
by the caty council, mayor, or caty manager
PASSED AND APPROVED by the membership of the Texas Mummpal League th~s 18th day of
November, 2000, at Austan, Texas
APPROVED
Kenneth Bmr
Premdent
ATTEST
Frank J Smrzl
ExeeuUve D~rector
47
A RESOLUTION
INCREASING TML MEMBER CITIES' DUES
WHEREAS, TML member city dues were last ~nereased In 1997 and have been ~ncreased only three
times dunng the past 15 years, and
WHEREAS, current member c~ty dues, when adjusted for inflation, are lower than they were an 1988, and
WHEREAS, even with a ten percent dues increase, roughly one-half of the League's member crees will
pay less then $45 per month in dues, more than three-fourths vall pay less than $150 per month, and 90
percent will pay less than $250 per month, and
WHEREAS, the cost of prowdmg the League's serwces conUnues to climb, and
WHEREAS, the TML Board has unanimously determined that it is m the best interest of the League to
raise 1ts member cities' dues,
NOW, THEREFORE, BE IT RESOLVED that TML member city dues shall be increased by ten (10)
percent, and
BE IT FURTHER RESOLVED that this increase shall be effective for ali TML member city dues
payable on or after January 1, 2001
PASSED AND APPROVED by the Board of D~rectors of the Texas Mumclpal League th~s 15~
day of November, 2000, at Austin, Texas
APPROVED
President
ATTEST
Frank J SUazl
Executive Director
PASSED AND APPROVED by the membership of the Texas Mumc~pal League th~s 18th day of
November, 2000, at Austin, Texas
APPROVED
Kenneth Barr
President
ATTEST
Frank J Sturzl
Executive D~reetor