Item 9BCITY OF
SOUTHLAKE
MEMORANDUM
February 12, 2014
To: Shana Yelverton, City Manager
From: Ben Thatcher, Assistant City Manager
Subject: Item 9B — Amending the City's Legislative Agenda
Action
Requested: Approval of Item 9B amending the City's 2013 Legislative
Agenda to include a formal position regarding the aircraft
noise and airspace utilization over Southlake city limits.
Background
Information: Every two years the City of Southlake adopts a formal
legislative agenda as the Texas Legislature meets in regular
session. Recently the City has been asked by several parties
to state its official position to the recent increase in aircraft
noise and airspace utilization over the City of Southlake. The
FAA has also started implementing a new aviation
technology program among its airports called NextGen, to
which the City has participated in its public comment
process.
By amending the City's current legislative agenda the City
wishes to preserve the well -established airspace utilization
corridors that were agreed upon during the 1980s and have
since guided our City's development and infrastructure
investment.
As you know each issue in the City's legislative agenda 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
This amendment adds a 12t" issue to the City's agenda
called "Aircraft Noise and Airspace Utilization." The
proposed position is one that supports legislation and/or
regulatory policies that:
"Protect the City's previously agreed upon method for using
airspace over its city limits within the well -established corridors
that have guided our City's development and investment. "
Honorable Mayor and City Council
City Legislative Agenda Amendment
Page 2 of 2
Financial
Considerations: N/A.
Citizen Input/
Board Review: N/A
Legal Review: The City Attorneys and legislative consultants have
contributed to the language of the proposed agenda.
Alternatives: The Council could choose not to have a formal legislative
position on this matter and continue to work on these issues
informally as the City deems appropriate.
Supporting
Documents: City of Southlake's amended 2013 legislative agenda
(the amendment is item 12 on pg. nine of the agenda)
Staff
Recommendation: Passage of Item 913 amending the City of Southlake's 2013
Legislative Agenda.
SOUTHLAKE
City of Southlake
2013 Legislative Agenda
83rd Texas Legislative Session
I.
II.
III.
TABLE OF CONTENTS
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 83rd session of the Texas Legislature.
City of Southlake Strategy Map
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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:
• 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 funding
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:
i. 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.
12. Aircraft Noise and Air Space Utilization
The City of Southlake has historically worked with the Federal Aviation Administration
and DFW Airport to minimize negative consequences or compatibility issues arising
from the close proximity of the City to the airport. In the late 1980s, the City worked
with airport planners to identify the best methods of addressing land use incompatibility
issues, resulting the the development of Air Corridor Utilization Zones to clearly identify
areas of overflight impact to minimize noise compatibility issues. This agreement has
guided the City's land use regulations.
Recent changes in usage characteristics on runway 13R/31L have resulted in aircraft
flying over the City outside established corridors. This, along with the City's
understanding that the FAA is moving forward with a program called Next Gen, has
prompted the City to establish a legislative position on aircraft noise and air space
utilization. As it relates to this position, the City will:
• Support legislation and/or regulatory policies that:
i. Protect the City's previously agreed upon method for using airspace
over its city limits within the well -established corridors that have
guided our City's development and investment.
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