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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 2 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. 3 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 !D I W Del iver unrivaled quality in everything we do. on . R Safety & Security C1 Achlevethe highest standards of safety& security ell Achieve best - m- class status in all City disciplines ® IC Mobility Infrastructure Quality Partnerships & Performance Management Development Volunteerism & Service Delivery e3PravWeattractive& C2 Pmvidetravel unique spaces for C4 Attract &keep top -tier buslnessesto driven dynamic& CS Promote cipportunities convenience within enjoyment of person el sustainable economic for partnerships& City &region Interests environment volun[eerinvoivement 02 collaharate with 1 113 Enhance resident select partners to quality of life & business Implement service sustainabiiity through solutions tourism e4 Provide B-11 mprove high qual It performance of a50ptimize customer de five ry &operational I use of service processes technology Provide Financial Stewardship F1 Adhere to financial management F2 lnvestto provide &maintain HAchievefisalwelln— F4 Establish &maintain principles & budget high quality puhliussets standards effective Internal controls Is- Promote Learning & Growth Ll Ensure our people L2 Enhance leadership UAttractdeveiop& L4 Recognize& L5Empowerinformeo understand the strategy& capabilities to deliver retain a skilled reward high decision- makingatall levels how theyopntributoto it results \ workforce performer in the organization a 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: 5 • 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. 0 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 7 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. 0 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. 0