Item 4LCITY OF
SOUTH LAKE
MEMORANDUM
October 31, 2012
To: Shana Yelverton, City Manager
From: Ben Thatcher, Assistant City Manager
Subject: Item 4L - City of Southlake Legislative Agenda
Action
Requested: Resolution 12 -050, Adopting a legislative agenda for the 83
Texas Legislative session.
Background
Information: Every two years the Texas Legislature meets in regular
session. Over the last several years the Legislature has
taken up a number of issues that were thought to be, by
some, an aggressive stance with regard to City's rights to
govern themselves in accordance with the desires of the
City's citizens. The City of Southlake wants to ensure that it
has the ability to preserve its current authority to govern the
City, its citizens and property.
The City has developed the attached draft legislative agenda
for consideration by the City Council. The City's General
Legislative Policy is:
STATEMENT OF PRESERVATION
As a general policy, the City of Southlake seeks to preserve its
current authority to govern the City, its citizens, and its property
in accordance with its strategic goals and interests. The City
will oppose any legislation viewed as detrimental to the City's
strategic goals; or that is contrary to the health, safety, and
welfare of its citizens; or that mandates increased costs or loss
of revenues; or that would diminish the fundamental authority
of the City.
STATEMENT OF SUPPORT
The City supports any legislation viewed as advancing the
City's strategic goals and interests; or that improves the health,
safety, and welfare of its citizens; or that responsibly increases
revenues, or that advances the City's authority to conduct the
public's business. The City will oppose any initiatives that seek
to erode municipal authority or that otherwise have a negative
impact on municipal operations, including but not limited to
legislation that would:
Honorable Mayor and City Council
City Legislative Agenda
Page 2 of 3
• Erode home rule authority;
• Detrimentally affect the City's financial position by
reducing revenue streams or increasing costs through
unfunded mandates;
• Erode the authority of Texas cities to manage and
control their rights -of -way or other public property and
to be reasonably compensated for such use;
• Erode current municipal economic development
authority;
• Erode the current authority of Texas cities to enact a
system and set the level of impact fees for new
development;
• Further restrict cities' ability to manage land uses or
adopt or amend zoning regulations;
• Erode municipal eminent domain authority; and
• Any legislative requirement requiring the City to
generate revenues for the State.
Partnerships
The City may form strategic partnerships with cities, political
subdivisions, and private sector entities that share common
goals with the City of Southlake. Additionally, the City will work
in coordination with organizations such as the Texas Municipal
League when their adopted positions are in line with the
legislative objectives and goals of the City. The formation of
strategic partnerships and coordinated efforts is intended to
provide the City with a stronger presence in the legislative
process.
The remainder of the legislative agenda is broken down into
the City's Legislative Issues and the Goals of the Legislative
Activities.
Each legislative issue is given a priority designation as
follows:
Seek passage of legislation dealing with the issue
Support legislation dealing with the issue
Oppose legislation dealing with the issue
The Legislative Agenda includes the following issues:
1. Local Budgeting Authority and Revenue Sources
2. Local Control of Land Use Planning and Zoning
3. Municipal Regulation of Urban Gas Drilling
4. Protection of Local Economic Development Authority
Honorable Mayor and City Council
City Legislative Agenda
Page 3 of 3
5.
TM RS
6.
Transportation
7.
Collective Bargaining
8.
Open Records
9.
Public Notices
10.
Public Safety
11.
Homestead Exemption
Financial
Considerations: It may be necessary for both the staff and members of the
City Council to travel to Austin during the legislative session.
Sufficient funds have been budgeted in the FY2013 budget
to cover these expenses.
Citizen Input/
Board Review: N/A
Legal Review: The City Attorneys have contributed to the language of the
proposed agenda.
Alternatives: The Council could rely on TML's legislative agenda and
educational efforts for the legislative session;
The Council could choose to not have a formal legislative
agenda and rely on the staff to bring individual issues before
the Council for your action. Because time is so often an
issue during the legislative session you may find that this
alternative puts the City in a "catch -up" position and /or
without the Council providing specific support for a position
on the issue, having the legislature suggesting that the
position is merely that of one Council Member or the staff;
Supporting
Documents: Resolution 12 -050
City of Southlake's proposed 2013 legislative agenda
Staff
Recommendation: Passage of Resolution No. 12 -050 adopting the City of
Southlake's Legislative Agenda.
RESOLUTION NO. 12 -050
A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, ADOPTING A LEGISLATIVE AGENADA FOR THE 83 TEXAS
LEGISLATIVE REGULAR SESSION.
WHEREAS, Home Rule Charter of the City of Southlake, Texas, was approved by the
voters in a duly call Charter election on April 4, 1987; and,
WHEREAS, the City Council recognizes the need for the City to preserve its current
authority to govern its citizens, budget and property; and,
WHEREAS, the Texas Legislature has in the past adopted legislation that has impacted
the City's ability to govern its citizens, budget and property; and,
WHEREAS, the City Council recognizes the importance of the City being fully involved
in the legislative process; and,
WHEREAS, the City Council had deemed that the recommended legislative agenda
reflects the strategic goals and interests of the City,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS THAT:
Section 1. All of the findings in the preamble are found to be true and correct and the
City Council incorporates said findings into the body of this resolution as if copied in its
entirety.
Section 2. Exhibit A is hereby adopted as the Legislative Agenda for the City of
Southlake, Texas for the 83 Regular Legislative Session.
Section 3. The different elements, issues or priorities, as adopted, and as amended
from time to time, shall be kept on file in the office of the City Secretary of the City of
Southlake, along with a copy of the resolution and minute order of the Council so
adopting or approving same.
Section 4. This resolution shall become effective on the date of approval by the City
Council.
PASSED AND APPROVED ON THIS 6 TH DAY OF NOVEMBER, 2012
CITY OF SOUTHLAKE
John Terrell, Mayor
ATTEST:
Alicia Richardson,
City Secretary
Exhibit A
CITY OF
SOUTHLAKE
City of Southlake
2013 Legislative Agenda
83 rd Texas Legislative Session
TABLE OF CONTENTS
I.
II.
III
General Legislative Policy .... ...............................
Goals of City Legislative Activities ........................
Legislative Issues ............... ...............................
Page 3
Page 4
Page 5
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GENERAL LEGISLATIVE POLICY
STATEMENT OF PRESERVATION
As a general policy, the City of Southlake seeks to preserve its current authority to govern the City,
its citizens, and its property in accordance with its strategic goals and interests. The City will oppose
any legislation viewed as detrimental to the City's strategic goals; or that is contrary to the health,
safety, and welfare of its citizens; or that mandates or results in increased costs or loss of revenues; or
that would diminish the fundamental authority of the City.
STATEMENT OF SUPPORT
The City supports any legislation viewed as advancing the City's strategic goals and interests; or that
improves the health, safety, and welfare of its citizens; or that responsibly increases revenues; or that
advances the City's authority to conduct the public's business. The City will oppose any initiatives
that seek to erode municipal authority or that otherwise have a negative impact on municipal
operations, including but not limited to legislation that would:
• Erode home rule authority;
• Detrimentally affect the City's financial position by reducing revenue streams or
increasing costs through unfunded mandates;
• Erode the authority of Texas cities to manage and control their rights -of -way or other
public property and to be reasonably compensated for such use;
• Erode current municipal economic development authority;
• Erode the current authority of Texas cities to enact a system and set the level of impact
fees for new development;
• Further restrict cities' ability to manage land uses or adopt or amend zoning regulations;
• Erode municipal eminent domain authority; and
• Any legislative requirement requiring the City to generate revenues for the State.
Partnerships
The City may form strategic partnerships with cities, political subdivisions, and private sector entities
that share common goals with the City of Southlake. Additionally, the City will work in
coordination with organizations such as the Texas Municipal League when their adopted positions
are in line with the legislative objectives and goals of the City. The formation of strategic
partnerships and coordinated efforts is intended to provide the City with a stronger presence in the
legislative process.
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GOALS OF CITY LEGISLATIVE ACTIVITIES
The fundamental goal of all City of Southlake legislative activities is to produce positive
outcomes for the citizens of the City of Southlake as a whole. Numerous proposals in the Texas
Legislature have the potential to seriously impact the ability of the City to carry out its overall
mission. By taking a proactive role in monitoring and commenting on proposals in the Texas
Legislature, we are working to ensure that the citizens of the City of Southlake can continue to
enjoy the quality of life they have come to expect and deserve.
The City of Southlake has formally adopted strategic priorities and objectives as outlined in a
Strategy Map, shown below. This Map will guide the City Council in the ongoing process of
evaluating legislative positions on the key issues of the 83 session of the Texas Legislature.
City of Southlake Strategy Map
The City of Southlake provides municipal services that support the highest quality of life
for our residents and businesses. We do this by delivering outstanding value and
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LEGISLATIVE ISSUES
1. Local Budgeting Authority and Revenue Sources
As a municipal government which provides important and essential services to its
citizens, the City of Southlake will monitor any legislation that would unduly restrict the
ability of the City to set its own budget or raise the necessary revenue to provide services
to City residents and businesses. As it relates to this position, the City will:
• Support legislation that:
i. Simplifies the effective tax rate calculation for notice purposes only,
provided the legislation would have no effect on the underlying
effective tax rate and rollback tax rate calculations themselves, nor
upon the hold harmless exemptions to those rates.
• Oppose legislation that:
i. Establishes a municipal revenue cap;
ii. Further restricts annual appraisal increases;
iii. Imposes a tax freeze or tax cap;
iv. Imposes any unfunded mandates;
V. Restricts ability to impose and collect municipal impact fees from new
developments;
vi. Imposes any requirement to raise current state fees on local fines;
vii. Imposes new fees that result in the City collecting funds on behalf of
the State;
viii. Lowers the rollback threshold or the rollback rate at which an election
is triggered;
ix. Establishes new exemptions from or diminishes the City's ability to
collect sales or property taxes, or municipal fees; or
X. Results in a significant reduction to the City's tax base.
2. Local Control of Land Use Planning and Zoning
The ability of most cities to manage growth and development is based on the Texas
constitution's home rule provisions. Cities are allowed to amend charters and pass
ordinances as long as they do not conflict with the constitution or general laws enacted by
the state legislature. The bottom line means that each home rule city can make its own
decisions about what planning tools and techniques are most appropriate to its situation
unless those tools have been proscribed by the Texas legislature. As it relates to this
position, the City will:
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• Support legislation that preserves local land use authority.
• Oppose legislation that:
i. Erodes local land use authority by restricting the ability of cities to zone
or rezone properties; or
ii. Restricts a city's ability to adopt or amend zoning regulations, or
otherwise create a property right in a zoning classification.
3. Municipal Regulation of Urban Gas Drilling
Southlake is located within the boundaries of the Barnett Shale's natural gas deposits.
Efforts to drill and transport this important natural resource affect Southlake citizens,
property owners, businesses and visitors. The City seeks legislative changes to grant
local governments additional authority and oversight over gas pipelines located within
municipal boundaries; and will monitor legislation related to gas well drilling,
particularly language that is related to drilling in urban areas. As it relates to this
position, the City will:
• Support legislation that:
Support legislation that would strengthen cities ability to regulate and
monitor gas wells and gas pipelines.
• Oppose legislation that:
i. Establishes model rules relating to municipal regulation of gas drilling,
gas pipelines, or other gas- related equipment; or
ii. Weakens, strips, erodes or preempts the ability of cities to regulate gas
pipeline locations or gas drilling operations, production or equipment.
4. Protection of Local Economic Development Authority
Over the years, the City has utilized many different economic development tools and
efforts to bring new investment to Southlake. During each legislative session these
varying tools are the subject of much consideration and debate. It is in the City's interest
to closely monitor these discussions and legislative activities as it potentially impacts our
ability to use resources in building effective economic development programs and offer
incentives to attract community investment. As it relates to this position, the City will:
• Support legislation that provides local governments the ability to expand local
economic development efforts.
• Oppose legislation that would erode current authority to participate in local
economic development projects, including but not limited to, the ability to provide
tax abatements and Chapter 380 economic development agreements.
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5. TMRS
The City of Southlake desires that an appropriate retirement system be provided to its
current and former employees through the Texas Municipal Retirement System, one in
which the needs of retired employees are balanced with the needs of taxpayers. To
achieve this end, the City supports legislative changes which will provide cities
participating in the Texas Municipal Retirement System with the flexibility needed to
adequately balance these needs. As it relates to this position, the City will:
• Support legislation that:
i. Allows a city (for purposes of the Texas Municipal Retirement System
(TMRS) return -to -work provision) to define 'full time" as 1, 000; 1, 250;
or 1,500 hours annually, so long as such a change would not endanger the
federal tax status of TMRS; or
ii. Creates additional, flexible, cost -of- living adjustment (COLA) options
under the Texas Municipal Retirement System that are not retroactive to a
retiree's date of retirement, such options to possibly include one -time
increases tied to increases in the consumer price index or flat percentage
increases.
6. Transportation
The City of Southlake believes that the ability of the North Texas region to work
cooperatively is essential to the viability of this community and that of the entire region.
A primary element of regional cooperation is a transportation system that seamlessly
allows movement of people and goods throughout the area. As a member of the North
Texas region, the City of Southlake is committed to finding transportation solutions to
facilitate movement to, from and through Southlake and the surrounding area. As it
relates to this position, the City will:
• Support legislation that:
i. Allows for greater flexibility by cities to fund local transportation
projects; amend or otherwise modify state law to help cities fund
transportation projects; or provide municipalities with additional
options and resources to address transportation needs that the state and
. federal governments are unable or unwilling to address;
ii. Discontinues the diversion of transportation revenues to non -
transportation purposes and appropriate all revenues from highway user
fees and taxes to fund transportation; or
iii. Provides additional funding to the Texas Department of Transportation
for transportation projects that would benefit cities, so long as existing
. funding formulas are, followed.
7. Collective Bargaining
The City of Southlake believes that the decisions affecting the employment relationships
between employers and employees are best made at the local level by the elected officials
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who represent the citizens of the local governments in which these individuals work, and
not at the state and federal government. As it relates to this position, the City will:
• Support legislation that:
i. Exempts as many cities as possible from any federal collective bargaining
legislation that may become law in the future.
• Oppose legislation that:
i. Expands the current meet - and - confer law.
8. Open Records
Under the Texas Public Information Act (the Act), the general rule is that any member of
the public has a right to access any information that is collected, assembled, or
maintained by or for a city. The Act applies to all city records, regardless of format.
During the last few years the City of Southlake has been inundated with information
requests, and as a result has begun to make available quite a bit of information via the
City's website. As it relates to this position, the City will:
Support legislation that:
Authorizes the City to satisfy public information requests by directing the
requestor to the City's website when the requested information is located
there.
9. Public Notices
In Texas the local government code requires municipalities to publish public notices in
the local newspaper. With the use of the internet the City would be interested in
providing this same service in a more efficient, less expensive and well organized way.
As it relates to this position, the City will:
Support legislation that:
i. Allows a municipality to publish legal notices on a city's website versus the
existing newspaper publication which costs taxpayers unnecessary money.
10. Public Safety
The City of Southlake has a few major traffic corridors within its boundaries such as
State Highway 114, Farm to Market Road 1709, and Farm to Market Road 1938. The
City also seeks to have a safe and secure roadway system and as such the City would
support legislation that enhances this goal. As it relates to this position, the City will:
• Support legislation that:
i. Authorizes DWI checkpoints.
• Oppose legislation that:
i. Erodes or repeals red light camera authority.
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11. Homestead Exemption
The Southlake City Council has twice passed an ordinance offering a onetime fixed
dollar homestead exemption to Southlake residents when setting the tax rate and adopting
the budget. Each time Tarrant Appraisal District has had issue with the City's ability to
do so stating that these ordinances were contradictory to the State's tax code saying that
exemptions are only allowed in the form of a percentage of the appraised value and not a
fixed dollar amount. The City's attorneys argue that as a home rule city, Southlake has
the authority to adopt an ordinance which does not conflict with state law, and since the
tax code does not address a fixed dollar amount then the City has the right to pursue this
as an option. As it relates to this position, the City will:
• Support legislation that:
i. Clarifies authority of a municipality to offer a 'fixed dollar amount"
homestead exemption.
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