City delays action on sidewalks due to election

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May 8, 2007, 2:04PM
City delays action on sidewalks due to election

By SESHADRI KUMAR
Chronicle Correspondent

City Manager Frank Simpson told Missouri City City Council Monday night that he has allocated $150,000 in the preliminary 2007-08 municipal budget for sidewalk repairs in anticipation of the city taking over the responsibility of walkway maintenance.

City Council had an agenda item to receive the status report and authorize staff to amend ordinances relating to sidewalks as recommended by the sidewalk subcommittee.

But, the council could not act on the item as outgoing Councilman Bob Burton, in whose district the sidewalk repairs and the infrastructure ordinance have become an election issue, wanted to table the item.
Both the candidates have some ideas on the issue. As my term ends, my participation won't continue. Let my successor have an opportunity to fully participate in the debate, Burton said.

Burton urged council not to discuss the matter any further, and said, It is appropriate for people in District C to have their elected representative participate. If discussed now, it won't allow full participation.

Mayor Allen Owen said the agenda was only to authorize staff to prepare an ordinance and ample time would exist for debate in the future.
But, Assistant City Attorney Caroline Kelley told council the ordinance is not yet ready.

While agreeing to table authorization of the ordinance, Owen said council could discuss the status report and Kelley agreed. Burton was not pleased with the discussion.

Councilman Jerry Wyatt asked one of the candidates, Barbara Gibson, if she had any objection to council discussing the sidewalk issue. Gibson said she had no objection.

The other candidate, Kevin Tunstall, was not present. Tunstall had initially raised the issue and urged the city to delete the ordinance that placed liability for sidewalk repairs on residents.

Owen quoted a First Colony resident as saying that the First Colony Community Association had issued him a notice asking him to repair the city walk. The city did not ask the resident to repair the sidewalk, he said.

We can't prevent the candidates from saying that residents have to replace the sidewalks," but he wanted to clarify that the city will accept the responsibility.

Councilman Buddy Jimerson objected to published letters by some residents who said that the city will ignore the sidewalk issue after the election. If people believed that the city will not take care of sidewalks, that is untrue, Jimerson said.

Simpson said the budget allocation for sidewalk repairs will not involve issuing any new debt. Regarding trees, the city will continue negotiations with homeowners' associations and include appropriate language in the ordinance. The ordinance is not being delayed intentionally, but it should be comprehensive with inputs from homeowners associations, residents and the city administration, he said.

According to the background material provided by the city, in 1998 the city had 1.6 million linear feet of sidewalks, with an estimated replacement value of $63 million. At that time, 95 percent of the sidewalks were more than five years old and required some level of maintenance.

Golf course

Owen told the City Council that the Texas House of Representatives on Monday approved HB 3232 that would prohibit golf courses and country clubs such as Quail Valley Golf Course from closing without adequate public hearing.

This bill prohibits a new plat from being approved until each municipal authority reviewing the new plat conducts a public hearing on the matter at which interested parties and citizens have an adequate opportunity to be heard, present evidence, and submit statements or petitions for consideration by the municipal authority.

Owen went to Austin to testify and lobby for the bill and developers opposed it, he said. After some changes to satisfy developers, the bill was approved 138 to 0, Owen said. Now, the bill is in the Senate.

TIRZ reports
In other matters, Simpson told City Council that the city had failed to file the appropriate reports regarding its Tax Investment Reinvestment Zones with the Texas Comptroller of Public Accounts.

The issue was raised by Tunstall during public comments at a recent council meeting.

Simpson accepted responsibility for the lapse, but said it involved no criminal penalty or any other penalty. Steps are being taken to correct the mistake, he said.

The TIRZ reports are public and are available with the city secretary. Also, every year, the TIRZ accounts are audited and the audit reports are public, he said.

TIRZ reports have been sent to the Attorney General and the rating agencies, Simpson said. Adequate oversight exists, he said.
http://www.chron.com/disp/story.mpl/nb/fortbend/news/4785765.html

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