City of Garland News Release:

Annual “Trash-Off” Set for May 9

Garland, Texas – March 27, 2009 -- It's spring cleaning time! Join the thousands of folks that will be out picking up litter. The Don’t Mess with Texas Trash-Off is an annual event that encourages Texans across the state to join forces to clean up Texas roadsides. An estimated 827 million pieces of litter will collect on our highways this year alone, which means we need your help more than ever.
 

Bring your family and friends to join Keep Garland Beautiful in the Don’t Mess with Texas Trash-Off on Saturday, May 9, 2009. Volunteers throughout the state remove litter from roadsides, city parks, neighborhoods, and waterways during this annual event. Meet at Audubon Park near the pavilion located at 342 Oates Rd., Garland, Texas 75043 from 8:30 a.m. to 11:30 a.m. to pick up trash. Or, pick a location of your choosing. If you know of a location that needs attention, please go there. The goal is to keep all of Garland beautiful!
 
If you, or your organization, are interested in participating in this city-wide effort, contact Glenna Brown at 972-205-3769 or by e-mail at gbrown@ci.garland.tx.us. The registration deadline to receive event tee-shirts is April 17, 2009. You will be mailed or emailed a Registration Form, the Bag Count Form, the Hold Harmless Agreement, and an event flyer for your information. Participants may register on the day of the event at 8 a.m. at event headquarters located near the Audubon Park Pavilion (342 Oates Road, Garland, TX 75043).
 
Should you need trash bags, gloves or trash “tongs,” please pick them up from the Keep Garland Beautiful booth at Audubon Park on the morning of the event. These are available on a first-come, first-serve basis. Also, it is vitally important that you count your trash. Keep Garland Beautiful wants to measure our success this year! Be proud!
 

Anyone visiting the nation's capitol in the last few years had to navigate all the construction of the multi-billion dollar Capitol Vistors Center. That is over and the Visitors Center is fully open. Much like the extension built for our Texas capitol, the Visitors Center is below ground and benefits from the same extensive natural lighting that is managed with ample skylights. Even with few windows on the walls, there is little sense that one is below ground.
 

This atrium area outside the Congressional Auditorium in the Capitol Visitors Center is seldom seen by most visitors. It was used as a reception area during our Transportation and Infrastructure Summit and we also used a meeting room nearby. Although the area is accessible to the public, it is not exactly on the beaten path. The windows appear to be open to the outside but actually open to a sky lit area.

My first visit to Washington DC was New Years Eve, 1974. Then and in numerous visits since, I had never been to the the Library of Congress. Sure, I had seen views captured in movies, such as National Treasure. This time I attended an event in the newer Madison Building and later received a tour of the Jefferson Building.
 
Don't repeat my mistake, visit the first opportunity you receive. There is so much history in the buildings and the collections that you wouldn't want to miss the chance to experience it for yourself.
 

The Library of Congress Great Hall: some members of the Garland delegation can be seen on the lower level. There is history in every inch of this picture. The Library was one of the first buildings to be lit with electric bulbs. They were such a novelty, no one thought to hide them behind shades, so they are still today clearly visible.

Councilmembers Athas and Willis visit Congressman Sam Johnson (center) at the Capitol in Washington DC last week. Congressman Johnson represents all of Council District 1 and is a regular visitor in Garland.

 

SAVE THE DATE

Sam Johnson announces homeownership promotion and foreclosure prevention seminar

Saturday, April 18th at 10 a.m. in Plano

 
On Saturday, April 18th at 10:00 a.m. in Plano, U.S. Congressman Sam Johnson (3rd Dist-Texas) will host a homeownership promotion and foreclosure prevention seminar. This event is free and open to the public and the press.
 
The seminar will take place in the Ballroom – Section C - of Collin College’s Spring Creek Campus located at 2800 East Spring Creek Parkway in Plano. Housing experts and credit counselors will join Johnson at the informative session.
 
"To assist those in need of mortgage counseling, I am hosting a homeownership promotion and foreclosure prevention seminar. If you are in a situation where you are facing foreclosure, having difficulty making your mortgage payment, or you are looking to purchase your first home, I encourage you attend this event," said Johnson.
 
Johnson represents portions of Dallas and Collin Counties. To learn more about this event, contact the Congressman’s office in Richardson at 972-470-0892.
 

Saturday, April 18th
10:00 a.m. – 12:00 p.m.
Homeownership promotion and foreclosure prevention seminar
U.S. Congressman Sam Johnson
Collin College
Ballroom - Section C
2800 E. Spring Creek Parkway
Plano

 

 
Having spent several days in Washington DC for two conferences, I have several things I want to report but finding enough time is a challenge. I also have some pictures that I took that you might enjoy seeing. So, when I don't have time to write about one view, I'll try to post the other kind. This is my favorite.
 

UPDATE: This picture represents Transportation and was taken in the Washington Metro system. Part of the time I spent in Washington was with Mayor Ron Jones at the Transportation and Infrastructure Summit. Now the thoughts that were to accompany that picture:
 
Every leap in transportation has seen a corresponding expansion for mankind: the horse, the Erie Canal, paddle boats, the Model-T, the airplane, and the Interstate Highway system are just samples. Roads and highways are the lifeblood of our economy. And, frankly, that lifeblood, the health of our highway system, is deteriorating.
 
The only reason that is true is lack of money. There is a lack of money because we don't have a sustainable funding source. People understand that to have the benefits of police and military protection we must fund them and we do that through taxes. The necessity of roads and highways is indisputable, first for economy and secondly for security, and that too must be funded.
 
For decades, we have paid for our highways with a gas tax levied on each gallon. The more you traveled and used the highways, the more you paid because you used more fuel. The more efficient your vehicle, the less you paid, and the more inefficient, the more you paid. The level of tax could be adjusted to our needs to build and maintain our highways. It worked fine until (1) we quit raising the tax to match inflation and need, both at the federal and state levels, and (2) we started diverting the tax for other uses. Now we are in a double mess. The Federal Highway Trust fund is broke, already requiring emergency appropriations this last year. The granting legislation expires this year, yet we have zero consensus in Congress on how to proceed.
 
Compounding the problem is that we have neglected all other forms of transportation, such as transit, ports, regional airports and air control systems. (The airline industry as a whole is somewhat an exception but it has been essentially self-funded.) We no longer have a plan for future transportation and we have inadequate funding for necessary improvements and maintenance in the present.
 
As part of President Obama's 2010 budget, he plans to introduce a cap-and-trade system to regulate carbon dioxide. Even though much of the money from such a initiative would be a tax on transportation (and utilities), none is planned for transportation. [I mention that initiative as introduction to the next topic, not as an endorsement.] There is a great deal of talk, such as by Transportation Secretary Ray LaHood, for a new tax that would be calculated on vehicle miles traveled. In some ways its not too different than the fuels tax: the more you travel, the more you pay. However, it is a radical divergence in every other respect.
 
Using satellite and cellular technology (a prominent suggestion), government would measure every mile you drive. A bureaucracy would have to be created to manage the collection of the tax; technology and databases would have to be established. The fuel tax is blind and non-discriminatory. The VMT (vehicle miles traveled) tax has the ability to be "tweaked." It would be higher for "gas guzzlers" and lowered for fuel-efficient vehicles, such as hybrids — all at rates determined by Congress and bureaucrats. Though I've not heard it specifically mentioned, it could be adjusted for income levels or other "desirable" or "undesirable" classes. In the end, it could be applied as unevenly as the income tax. There is not even a hint in any of the mouths mentioning it that it would be blind and non-discriminatory.
 
Beyond fairness, there is a privacy issue.
 
I would rather see the fuel tax increased to address the undeniable problems of worsening infrastructure and congestion that we face and that will continue to worsen. I would support some limited diversion of that tax revenue for other transportation infrastructure for an established limited period, such as fifteen years. I don't mind that those with the more efficient vehicles will be paying less for use of our roads (there is, for now, generally the advantage of less wear and tear on the roads) or that electric and natural gas vehicles will be able to drive without paying the tax. I think almost everyone would agree that moving toward alternative fuel and electric vehicles are worthy goals over that same period (even though our individual reasons may be quite different and may come from opposite perspectives). My reasons are: conservation is always a worthy goal and over-dependence on foreign energy is a security risk in the long-run and an economic risk in the short-run.
 
All that said, it is obvious that the gas tax will not work for much longer. Theoretically, in the not distant future, we may not use gasoline to power hardly any vehicles. At that time, we'd be just as broke as we are today.
 

Garland Power & Light News Release:
 

GP&L Receives National Recognition for Reliable Electric Operations

WASHINGTON, D.C., March 23, 2009 – Garland Power & Light is one of 60 of the nation’s more than 2,000 public power utilities to earn Reliable Public Power Provider (RP3®)[1] recognition from the American Public Power Association for providing consumers with the highest degree of reliable and safe electric service. Paul Allen, vice president, engineering at Nashville, Tenn., Electric Service and chair of APPA’s RP3 Review Panel, presented the designees on March 23, during the association’s annual Engineering & Operations Technical Conference, held in Austin, Texas.
 
“RP3 designees are shining examples of excellence in utility operations,” said Allen, “These utilities are currently providing their communities with a high level of reliable and safe service while focusing on future improvements.”
 
The RP3 recognizes public power utilities that demonstrate proficiency in four key disciplines: reliability, safety, workforce development and system improvement. Criteria within each category are based on sound business practices and represent a utility-wide commitment to safe and reliable delivery of electricity.
 
“We’re thrilled to join the ranks of RP3 designees around the country,” said Ray Schwertner, electric utility director of GP&L. “This recognition is a testament to the quality work our employees do everyday.”
 
This is the fourth year that the RP3 award has been offered. APPA is the national organization representing more than 2,000 not-for-profit, community- and state- owned electric utilities. It is located in Washington, D.C.
 
[1] RP3® is a registered service mark of APPA.
 

Tomorrow the First Tier Suburbs Council will meet here in Washington DC as part of the National League of Cities conference. This will be my first official meeting since being named as a Vice Chair of the FTS Steering Committee. I'm excited about the program tomorrow and to have been a part of developing it:   Staying Redevelopment Ready through the Economic Crisis Conan Smith, Washtenaw County Commissioner and Executive Director, Michigan Suburbs Alliance, Redevelopment Ready Communities Program Carl Deidrich, Councilmember, Maricopa, Arizona, Redevelopment District Plan William Hudnut III, Founder and Principal, Bill Hudnut Consultants LLC; Senior Resident Fellow Emeritus for Public Policy, Urban Land Institute; Former Mayor, Indianapolis, Indiana; Former Councilmember and Mayor, Chevy Chase, Maryland; Founder, First Tier Suburbs Council Conan Smith spoke to the Steering Committee at our meeting last spring. They have developed a program to measure if communities are redevelopment friendy. They look at zoning rules, the permitting process, and other elements that gives developers confidence they can have their projects approved and started within reasonable parameters.   I don't know much about the Redevelopment District being used in Maricopa but I'm looking forward to finding out more.   I always enjoy seeing and hearing William Hudnut. Author of such books like Cities on the Rebound: A Vision for Urban America and Halfway to Everywhere: A Portrait of America's First-Tier Suburbs, he was among the earliest to notice the decline in first ring suburbs and to challenge it. I first met him at the Greater Dallas Planning Council's Metromorphis symposium on first ring suburbs. He spoke last year to the North Texas Commission's annual luncheon.   While here, there will be opportunities to hear prominent speakers from the administration and to attend workshops on a variety of subjects. Monday's opening session will be addressed by Sen Susan Collins (Maine). Other speakers will include Steven Chu, Energy Secretary, Lisa Jackson, EPA Adimistrator, Eric Holder, Attorney General, Shaun Donovan, HUD Secretary, Ray LaHood, Transportation Secretary, Valerie Jarrett, White House Advisor and Assistant of the President for Intergovernmental Relations and Public Liaison, and Janet Napolitano, Homeland Security Secretary. Wednesday we will have time to visit with our North Texas Congressional delegation.

 
UPDATE: The meeting was televised and is available on NLC TV.
 

Mayor Ron Jones, LeAnn Rimes, and Douglas Athas in the Dirksen Senate Office Building

 
Mayor Ron Jones, Transportation Director Robert Wunderlich, and I are in Washington, DC, for the 2nd Annual Transportation & Infrastructure Convention. While there are representatives from 30 states, this is very much a Texas affair. Organized by Irving, there are many representatives from Texas. Mayor Jones and I attended a Texas High Speed Rail & Tranportation Corp. meeting early this morning before moving to the convention, which was meeting in the Dirksen Senate Office Building.
 
As we were entering, it was impossible to not notice another Garlandite, LeAnn Rimes. I introduced myself, mentioned Garland, and she was very enthusiastic and polite. I gave her a little history of recent happenings in the city and told her we'd love to have her come back for a community homecoming event. She said she would love to. I also gave her my Garland lapel pin. Mayor Jones joined us for the picture above and they chatted for a few moments. He remembered being at a Garland event with her when she was 12-years-old. [I'm not sure she remembered.] She was then escorted her direction and we were hussled ours.
 
Senator Kay Bailey Hutchison was the opening speaker. Because she serves on the Commerce, Science, and Transportation Committee, she was able to address a wide range of transportation issues. The only two individuals she mentioned during her address were District 1 residents: Mayor Jones and Gary Thomas, President/Executive Director, DART.
 
Today we heard from a wide range of industry speakers. It was a good day setting the stage for tomorrow. There was a reception afterwards in the newly constructed Capitol Visitors Center.
 
Tomorrow we will hear from numerous members of Congress: Rep Ralph Hall (TX), Rep Louie Gohmert (TX), Rep John Mica (FL), Rep John Boozman (AR), Rep Howard Coble (NC), Rep Elijah Cummings (MD), Rep Peter DeFazio (OR), Rep Eleanor Holmes Norton (DC), Rep James Oberstar (MN), Rep Nick Rahall (WV), Rep Timothy Bishop (NY), Rep Mario Diaz-Balart (FL), Rep Eddie Bernice Johnson (TX), Rep Tom Perriello (VA), Rep Albio Sires (NJ), and Rep Donna Edwards (MD).
 
All in all, I thought it was a very Garland day!
 

Monday was the last day to file for office in the Garland City Council elections scheduled for May 9. Five offices on the Council were expiring. Every one of the incumbents was eligible to re-run because none had reached his term limit. Offices expiring were Mayor Ron Jones, Preston Edwards (Dist 3), Barbara Chick (Dist 6), Rick Williams (Dist 7), and Darren Lathen (Dist 8). All have filed for re-election.
 
No one filed to run against any of the current office holders except for Mayor. Dino Quintanilla and Christopher Ott have both filed for that office. The complete list of candidates and their applicatons are posted on the City Secretary's webpage. The other races will eventually be cancelled and the only applicants declared the winners. There will be a citywide election but only for Mayor.
 
For the third year, we will have a televised debate between the candidates. The moderator will be District 1 resident Don Baynham. I'm sure there will be several candidate forums in the community. It is important that you fairly assess the candidates and that you participate!
 

Eastfield College to Host
Garland Mayoral Candidate Forum

Garland, Texas – Eastfield College is hosting a forum for candidates running for Garland Mayor, Garland’s only contested race in the May 9 municipal election. Don Baynham, Associate Vice President for Outreach and Advancement at Eastfield College, will moderate the forum.
 
The forum is scheduled for Thursday, April 16 at 7 p.m. in the Council Chamber of Garland City Hall, 200 N Fifth Street. The forum will also be broadcast live on CGTV, the City’s government access cable channel. CGTV is available on Time Warner Cable channel 16, on Verizon FIOS TV channel 44 and is streamed live on the City’s website.
 
Garland citizens are invited to submit questions to be used during the forum. Questions may be submitted by April 10, 2009 online at www.ci.garland.tx.us, by email to scook@dcccd.edu, by fax to 972-860-8324, or by mail to:
 
     Sharon Cook
     Director of Marketing & Communications
     Attn: Garland City Council Forum
     Eastfield College
     3737 Motley
     Mesquite, TX 75150
 
Please include “Garland City Council Forum” in the subject line of email and fax submissions.
 
Eastfield College personnel will evaluate the validity of the submitted questions and have the option of combining similar questions or eliminating questions that are inappropriate in nature (i.e., personal attacks on individuals or questions that are vulgar in nature).
 

What you don't see about Garland

1:17 PM Mon, Mar 09, 2009
Letter to the Editor
 
Re: "Office budget busted -- Neumann overspends by $8,000, annoying more frugal members" and "Inquiry to focus on officials' trips -- Full-scale internal probe promised of pricey N.Y. travels," Feb. 28 Metro.
 
What you don't read about Garland are stories like the one in Saturday's Metro section regarding Mesquite council members taking lavish trips at taxpayer expense.
 
What you don't read about Garland are stories like the one in Saturday's Metro section regarding a council member in Dallas far exceeding his $16,400 office budget.
 
The eight Garland City Council representatives don't have an office budget or an office. What you don't read about Garland are articles frequently appearing in the Metro section where a local municipality has "suddenly" discovered a huge budget shortfall -- and now drastic cuts will be necessary.
 
Garland's managing director of budget and research does not let surprises happen. What you don't read about Garland are stories of internal bickering and petty jealousy. What you don't read about Garland are stories of credit card abuse a la DISD. In sum, Garland citizens have a right to be proud of their city and how it is run.
 

Rick Williams, Garland City Council member

 

 
I'd hoped to comment similarly on those stories recently in the Dallas Morning News. My purpose would have been to say, "Not here!" However, Councilman Rick Williams, Dist 7, has said it for me.
 
Obviously, when we have such tight budgets and we have city employees constantly having to do more with less, things aren't always rosy and other problems do arise. So that we wouldn't have those sorts of problems is much of the reason I chose to run for Council. Credit certainly goes to the Council for not being ... how do you say ... stupid! But much of the credit goes to City Manager Bill Dollar and a staff of city employees managing and acting professionally. While I do regularly challenge them (that's my job, right?), I am very pleased with our city staff members and the job that they do on behalf of the city.
 
We had a tight budget last year and we'll have an even tighter one this year. Anticipating and preparing for those eventualities is something that Garland has done well. It will be tough on all parties: city employees and residents. However, you won't pick up the paper and learn we "forgot" to account for several million dollars or that we are riding around it limosines.
 

The B-17 "Liberty Belle" thrilled north Garland residents Saturday and Sunday with views of the historic craft.

 
Adults and children across north Garland, outside enjoying the beautiful weather, were able to catch sight of a World War II B-17 Flying Fortress as the "Liberty Belle" crossed and returned over the city on Saturday and Sunday.
 
According to the Dallas Morning News, Metro section, March 4, "One of only 14 WWII B-17 planes that still fly, the Liberty Belle is making a tour across the country. Between 1935 and 1945, there were 12,732 B-17s produced, and many were lost in combat."
 
Flying out of Addison Airport, flights gave passengers the rarest of opportunities to experience the ride taken by thousands of airmen during the war. If you missed your chance, you can take advantage of the upcoming spring break to get another chance in Burbank next week and Bakersfield the week following. For more information on the fully restored craft, photos, and its appearance schedule, visit the Liberty Belle website.
 

Orchids are just one of the flowers grown by students in Naaman Forest High horticultural classes,
some shown here with instuctor Karen Forbes (far right). Photos by Linda Jaresh.

 
Garland ISD's open enrollment policy makes it possible for students to attend any campus. Because there is only one high school in District 1, our local high school students may or may attend Naaman Forest High School. For those that do attend NFHS, they have the opportunity to take horticultural classes, one area of specialization that the high school is very well known.
 
Linda Jaresh (we served together on the Plan Commission) writes and photographs for the Garland News. She loves taking pictures. She was gracious enough to share some of her recent photos taken during a horticultural class as Karen Forbes, the instructor, and her students prepare for the upcoming Livestock and Plant Sale, March 27-28, at the Special Events Center.
 
To get a sampling of the offerings for the show and the results of the students hard work, visit the Photo Album on this page.
 

There are numerous homeowner and neighborhood associations in District 1, the highest concentration in the city. For our homeowner associations, some have hired property managers and some are self-managed. Virtually all have some common property that must be maintained; maintenance that the city, like most other Texas cities, seeks to avoid responsibility. The HOA's, through annual assessments, take care of their neighborhoods, work to support their property values, and do so without being a burden to taxpayers citywide.
 
There are thousands and thousands of such associations across the state and country. In Texas every two years, dozens of bills are filed for consideration by the Legislature that would affect HOA's, most of them negatively. Every association is unique: its by-laws and deed restrictions will be different than other associations. A bill written with one neighborhood in mind can be devastating to hundreds or thousands of others.
 
A bill introduced last session would have limited board members to a total of six years. Why? The Legislature doesn't limit their own terms; they don't mandate city council terms; they don't seek to limit the terms of other corporate boards. An HOA is a nonprofit corporation that exists through a contractual relationship with its members. The effect would be to make sure board members have limited experience and once they do know the jobs of managing an association well, they would have to step down. Austin doesn't know what is best in your neighborhood. I'm much closer and I freely confess I don't know what you need as well as you do.
 
The only statewide organization that represents neighborhoods is Texas Neighborhoods Together. Board members come from all over the state and everyone serves voluntarily. Garland is represented by TNT and currently has two board members: Lee Smith and myself. I invite you to check TNT's website for its Legislative Agenda and a synopsis of the bills filed this session that affect neighborhoods. You can also sign up for e-mail alerts.
 
To give a little perspective and history of bills that affect mandatory associations, I'm pleased to post this information from Sharon Reuler, who represents clients involved with property owner associatons. She is well known in Garland to several local architects and builders.
 

2009 MUSINGS ON TEXAS POA BILLS

Prepared by Sharon Reuler
Revised March 5, 2009

 
POA or HOA?
 
POA is the acronym for “property owners association” – any mandatory association of property owners, residential or non-residential, condominium or non-condo. HOA is the acronym for “homeowners association.” To date, most of the POA Bills have been limited to residential contexts, so POA and HOA may be used interchangeably without harm. However, the term “homeowners association” is not likely to appear in the text of the POA Bills. Why not? Because Texas statutes use and define “property owners association” – even when referring to residential-only developments. In the Texas codes, “homeowners association” is not a defined term. Also, do not assume that condominium associations are not POAs. Depending on the statute, they are.
 
WHAT IS A "POA BILL"?
 
People who monitor legislation could easily disagree about where to draw the line in identifying POA Bills. In a broad context, many parts of the Texas statutes have some affect on POAs or on the people who live in common interest communities, such as laws dealing with real property, property taxes, nonprofit corporations, land use, creditor rights, crime, schools, roads, and utilities. In a narrow context, only statutes that refer to "property owners associations" or "condominium" might be considered "POA Bills." My perspective is slightly broader than the narrowest context, and is attuned to bills relating to the development of planned communities and the marketing of homes in planned communities. I mention this because my list of POA Bills may look different from lists generated by others who monitor this subject. The best part is that you are not limited by what you get from me or anyone else. It is easy to do your own research by using the Texas Legislature's incredible search engine that allows you to search all bills for certain words. www.capitol.state.tx.us
 
LAST SESSION - 2007
 
In 2007, I identified 20 bills as "POA Bills." Of those, only 6 became law before the session ended. Of the 6 new laws in 2007, only 2 applied statewide. The other 4 were "bracketed" to the Houston area.
 
THIS SESSION - 2009
 
What happened to the 14 POA Bills that were filed during the 2007 session, but did not become law? Well, some of them were filed again for the 2009 session.
 
The most prominent of these are the batch of nine POA Bills authored by Senator Royce West of Dallas. Senator West chairs the Senate Intergovernmental Relations Committee ("IGR"), the committee in which the POA Bills are heard on the Senate side of the Capitol. In 2007, and again this session, Senator West is filling an "omnibus bill" (S.B. 429) comprised of many single-issue individual POA Bills. Because of its length and range of topics, SB 429 appears to be "comprehensive" - written as a whole in which all the parts work together. Not so. The sections of Senator West's SB 429 are largely independent of each other. The several parts of SB 429 have also been filed as 8 smaller bills. So, although Senator West filed 9 POA bills, one of the nine contains the meat of the other eight.
 
From bill filings alone, Senator West is taking the lead on POA bills in the Senate. Most POA bills will be channeled to the Senate Intergovernmental Relations Committee, chaired by Senator West. So, his influence will be substantial In the House, Representative Burt Solomons is garnering attention for his omnibus POA bill (HB 1976) and his concept of a Texas constitutional amendment to prohibit assessment lien foreclosures on homesteads (HJR 76). Especially in the House, many other lawmakers are involved with POA legislation.
 
WHERE DO THE BILLS COME FROM?
 
There is no single source of POA Bills. Homeowners have discovered that the fastest and cheapest way to make a change in their HOA’s governing documents and practices is to have a public law that overrides the private restrictions. It's the job of a lawmaker to come to the aid of a constituent who has a grievance that is capable of being addressed with a state law, even if the constituent has access to other means of relief – such as the political processes within his HOA or the courthouse for a declaratory judgment, both of which can be cumbersome, costly, and uncertain. Some bills originate with industries that have goods and services to sell, such as satellite television, rain sensor lawn irrigation, and solar panels. And, some bills are initiated by well-intentioned lawmakers, organizations, and individuals who want to make the world of HOAs a better place.
 
CONCERN - UNINTENDED CONSEQUENCES
 
Most of the bills seek to protect homeowners in established subdivisions from perceived abuses by the directors, managers, and attorneys of the property owners associations. The problem (from my perspective) is that the bills typically assume that all planned developments in Texas - all POAs - are alike. They do not recognize the diversity of planned developments. A law written for a subdivision of detached houses may have weird outcomes for a subdivision of townhomes or duplexes. A law that targets a homeowner-elected board of directors may have dire consequences for a developer-appointed board. A law that addresses a circumstance in large subdivisions with nominal common areas and low assessments may be detrimental to small subdivisions with extensive common areas (and common services) and high assessments.
 
Another more technical problem is that the POA bills typically refer to other state laws for definitions, or they amend current laws. Because of our crazy quilt lawmaking, Texas statutes have multiple definitions for terms like "property owners association." To the uninitiated, the definitions seem interchangeable. However, subtle differences make one definition apply to condos as well as non-condos, while another applies to non-condos only. For example, a bill that is tied to Chapter 202 of the Texas Property Code is likely to apply to condos as well as non-condos. Whereas the same bill - if tied to Chapter 209 of the Texas Property Code - will not apply to condos.
 
HISTORICAL PERSPECTIVE
 
CONDOMINIUMS. Texas has comprehensive statewide laws for the creation and operation of properties that are condominium in ownership. The Texas Uniform Condominium Act was enacted in 1993 as Chapter 82 of the Texas Property Code. Its predecessor, the Texas Condominium Act, was enacted in 1963 as (now) Chapter 81 of the Texas Property Code. Neither act has been much amended, indicating that they more-or-less "work" as written. In addition to the two comprehensive condominium acts, condominium developments are also subject to some of the other state laws regulating "property owners associations" or "restrictions" in general.
 
PLANNED DEVELOPMENTS. For the other types of mandatory membership common interest developments, there is no statewide comprehensive law in Texas. Texas has not adopted the Uniform Common Interest Ownership Act, or the Uniform Planned Community Act. There appears to be no support for comprehensive legislation in this era. Instead, Texas has been adopting laws in a piecemeal fashion thus creating a crazy quilt of applicable statutes. Most of the "POA laws" are congregated in Title 11 of the Texas Property Code, which is titled "Restrictive Covenants." These are the laws in the "200" series - Chapter 201 and onward. Several other "POA laws" are found in Chapter 5 of Title 2 ("Conveyances") of the Texas Property Code. What is particularly maddening, some of the POA laws are not statewide in application - they are "bracketed" to apply to a particular geographic area - or a single development - within the state.
 

February's reported crime incidents were very close to January's. What looks like no rise, is still much higher than we typically see. The high numbers are still driven by thefts. The number of incidents in January/February about double September/October. The percentage from shoplifting dropped significantly but other types of theft, often less than $50, rose. While these thefts are usually concentrated in the retail/commercial areas, it was even more true in February.
 
There was a jump in reported sexual assaults but it appears from the data that three of the incidents were related.
 
Burglaries and unauthorized uses of a vehicle balanced to almost exactly the same.
 
For residents, incidents were very low. For businesses, it was a bad month.
 
If you want to review the areas that have reported incidents over the last month, download the complete report here for address-by-address information that includes your neighborhood.
 

An aerial view of the Provence neighborhood and so much more. Click graphic for larger version.

 
This aerial of the Provence neighborhood off Brand and Talley Rds shows a lot more than just one neighborhood. Provence is in the center. Phase I is about complete and Phase II is underway. In the foreground is a portion of Clear Creek Estates off Murphy Rd. Behind Provence is the the Fairways at Firewheel, which is literally surrounded by golf course.
 
To the right are multi-acre parcels off Talley Rd, one of the few areas with room for horses and whatever. The Branding Iron Restaurant and Firestation 10 are a little further. Across Brand Rd is Firewheel Estates and a part of Firewheel Farms 2.
 
State Highway 190 crosses left to right. A little hard to see is Naaman Forest High School, the Special Events Center, the new Hyatt Hotel, and the backs of Wal Mart and Sam's Club.
 
The highway the left is Lavon Dr and just out of the frame is Firewheel Town Center.
 
A little hard to discern in the background is downtown Dallas and a string of tall buildings that run to the right along the tollway.
 
Is that Fort Worth in the corner on the right?
 
District 1 and Firewheel: Close to everywhere. Particularly as the crow flies.

When campaigning for this office, I frequently heard requests for web-based access to Council meetings. In truth, that process was already underway by Dorothy White and her department, which broadcasts the meetings. Now comments are quite common from residents that they watched a meeting live, the next morning, or evening, or some other time.
 

The totally revised format for On-Line CGTV makes watching a city broadcast much easier.

 
Several other area cities have followed our lead and have made their meetings accessible over the web.
 
Meanwhile, those broadcasts have been improved! The meeting runs in its entirety but viewers can jump to the sections they prefer. To make that possible, the agenda is also posted with the broadcast.
 
Finding previous showings is even easier with the new listings. The Specialty broadcasts used to be a challenge because you could see the date of the broadcast but you didn't know the subject matter. Also a thing of the past.
 
It's hard to say without sounding self-serving but we are all trying to make government transparent and accessible. Please use the opportunity to keep abreast of meetings and other broadcasts. For good or bad, your life won't be the same.
 

Garland Water Utilities Press Release:

Garland Water Drought Contingency Plan Available for Review

Garland, Texas – March 2, 2009 – Drought has become a fact of life in Texas. In 1997, the Texas Legislature directed the Texas Commission on Environmental Quality (TCEQ) to adopt rules establishing common drought plan requirements for water suppliers. Under the amended Title 30, Texas Administrative Code, Chapter 288, which became effective on January 10, 2008, the next revision of the City of Garland’s water conservation and drought contingency plan must be submitted to the TCEQ no later than May 1, 2009, and every five years thereafter, in order to coincide with the regional water planning process.
 
Garland Water is finalizing its water conservation and drought contingency plan in preparation for submittal to the TCEQ. The proposed City ordinance amendments that have resulted from the revised plan are currently available for review at www.ci.garland.tx.us, prior to being presented to the Garland City Council in April for approval.
 
For additional information regarding TCEQ conservation and contingency plan requirements, go to www.tceq.state.tx.us. For information regarding Garland Water Utilities, go to www.garlandwater.com.

As special as Trout Lilies and exciting as the first appearance of Bluebonnets, every Texan gets two Independence Days. March 2 is Texas Independence Day, the birth of the Republic of Texas on March 2, 1836. While in the Capitol last week, I showed a recently-arrived Texan the portraits of several Texas presidents that held office before Texas joined the Union.

The Texas Declaration of Independence; Source: Wikipedia

All Texans study Texas history throughout school, including post-secondary if that education is received in Texas, whether the student is a Texan or an immigrant. While the rest of the world may not recognize March 2 as any more than the day that follows March 1, the results of the day are very widely known, with the Battle of the Alamo being probably the best-known result (and movies).
 
We grow up being told that Texas is the only state with the right to secede. I know of no such right but it's fun to think it anyway. During the recent presidential campaign, there was some flap about Sarah Palin's husband being part of a political party that advocated secession for Alaska. Most of the country, according to the press, were going, oh, how horrible. Didn't seem like such a big deal to a Texan. Heck, if they leave, we'd be the biggest state again. They have lots of oil, but so do we and we can refine it.
 
Happy birthday, Texas, the only state as big as its myths.
 
UPDATE: The Dallas Morning News recently ran a story describing the discovery of a note during a research project at SMU that ordered copies of the Texas Declaration of Indepence. Good timing, huh?
 

The magical trout lily blooms in the Spring Creek Forest Preserve

 
Two tours Saturday by Tom Frey, Garland Parks and Recreation Department, and by members of the Preservation Society for Spring Creek Forest highlighted the seldom seen Trout Lily (Erythronium albidum) and the unique character of the preserve. The first tour was not crowded, maybe because the temperature was not much above freezing. Mr Frey began the tour with a description of the very special Trout Lily, showing that much of the plant is underground.
 
The Trout Lily blooms as early as mid-February. The entire blooming period will only be a few short weeks. It is highly selective of its environment, demanding moist, loose, loamy soil. Our Trout Lilies are the white variety, which range from Nova Scotia across the Appalachians and as far west as ... well, here, North Central Texas. The blooms will not appear until the plant has matured, after about seven years.
 
Spring Creek Forest Preserve is part of the Dallas County Trail and Preserve System but is not maintained by the county. Maintenance is through a special arrangement with the Garland Parks and Recreation Department and the Preservation Society. The society has regular meetings and guest speakers that address the special nature of the preserve and North Texas. Work days and other events outdoors give plenty of opportunities to see, besides the trees and other plants, the wide range of birds and other fauna common to the area. Follow the link above to join and to receive regular updates from Barbara Baynham, Society president.