Item 4GCITY OF
SOUTHLAKE
MEMORANDUM
September 8, 2014
To: Shana Yelverton, City Manager
From: Ben Thatcher, Assistant City Manager
Subject: Item 4G - City of Southlake Legislative Agenda
Action
Requested: Resolution 14-037, Adopting a Legislative Agenda for the 84tn
Texas Legislative session.
Background
Information: Every two years the Texas Legislature meets in regular session,
with the next one slated to begin on January 13, 2015. A
substantial amount of topics for discussion and bills for
consideration by our State Legislators involve issues that ultimately
impact municipalities across the State of Texas. Many times, policy
decisions are made at the state level with the expectation that such
policy be implemented and managed at the local government level.
Therefore, it is important for the City of Southlake to ensure that it
preserves its current authority to govern the City, its citizens and its
property. This proposed Resolution is to adopt a formal Legislative
Agenda on behalf of the City to serve as a framework for its actions
and activities during the upcoming 84t" Texas Legislative session.
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 or results in increased costs or loss of
revenues, or that would diminish the fundamental authority of the
City and the City Council that has been elected to govern.
STATEMENT OF SUPPORT
The City supports any legislation viewed as advancing the City's
strategic goals and interests; or that improves the health, safety,
Honorable Mayor and City Council
City Legislative Agenda
Page 2 of 3
and welfare of its citizens; or that responsibly increases revenues;
or that advances the City's authority to conduct the public's
business.
STATEMENT OF OPPOSITION
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.
The remainder of the Legislative Agenda is broken down into the
City's Legislative Issues and the Goals of the Legislative Activities.
The Legislative Agenda includes the following issues:
1. Local Budgeting Authority and Revenue Sources, and City
Debt
2. Local Control of Land Use Planning, Zoning and
Development Regulation
3. Municipal Regulation of Urban Gas Drilling
Honorable Mayor and City Council
City Legislative Agenda
Page 3 of 3
4. Protection of Local Economic Development Authority
5. Texas Municipal Retirement System
6. Transportation Infrastructure and Systems
7. Water
8. Collective Bargaining
9. Open Records
10. Public Notices
11. Public Safety
12. Aircraft Noise and Air Space Utilization
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 FY 2015 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 14-037
City of Southlake's proposed 2015 Legislative Agenda
Staff
Recommendation: Passage of Resolution No. 14-037 adopting the City of Southlake's
Legislative Agenda.
RESOLUTION NO. 14-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 84th TEXAS
LEGISLATIVE REGULAR SESSION.
WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by
the voters in a duly called Charter election on April 4, 1987; and,
WHEREAS, the City Council recognizes the need for the City to preserve its current
authority to govern the City, its citizens, and its property; and,
WHEREAS, the Texas Legislature has in the past adopted legislation that has impacted
the City's ability to govern the City, its citizens, and its 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, for the 84th Texas 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 16TH DAY OF SEPTEMBER, 2014.
CITY OF SOUTHLAKE
By:
John Terrell, Mayor
ATTEST:
Lori Payne,
City Secretary
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2015 LEGISLATIVE
AGENDA
4
The City of Southlake's 2015 Legislative Agenda
for the 84th Texas Legislative Session.
Table of Contents
I. General Legislative Policy........................................................................................................Page 3
II. Goals of City Legislative Activities...........................................................................................Page 4
III. Legislative Issues......................................................................................................................Page 5
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Ir
lime
General Legislative Policy
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 and the City Council that has been elected to govern.
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.
Statement Of Opposition
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;
• Any legislation 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 organizatigns 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 � stronger
presence in the legislative process.
V a
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Goals Of City Legislative Activities
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. 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 84th Texas Legislative Session.
CITY OF SOUTHLAKE STRATEGY MAP
The City of Southlake provides municipal services that support the highest quality of life
for our residents, businesses, and visitors. We do this by being an exemplary model of
balancing efficiency, fiscal responsibility, transparency, and sustainability.
PROVIDE FINANCIAL STEWARDSHIP
F1Adhere to financial management 1 F2 Invest to provide & maintain ' F3 Achieve fiscal wellness standards I F4 Establish& maintain effective
principles & budget high -quality public assets internal controls
PROMOTE LEARNING & GROWTH
Ll Ensure our people 12 Enhance leadership L3 Attract, develop LS Empower informed
L4 Recognize & reward 11 Foster positive
understand the strategy & capabilities to deliver & retain a skilled decision -making at all levels
how they contribute to it results workforce high performers in the organization employee engagement
Legislative Issues
Legislative Issues
Local Budgeting Authority, Revenue Sources, and City Debt
As a municipal government that 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 Council 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:
• 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:
• Lowers the rollback threshold or the rollback rate at which an election is triggered;
• Establishes a State -mandated municipal revenue cap;
• Further restricts or caps annual appraisal increases;
• Restricts the City's ability to issue debt as a means of funding its capital improvement program, or imposes
unnecessary and costly burdens on the taxpayers to issue debt;
• Imposes a State -mandated tax freeze or tax cap;
• Imposes any unfunded mandates;
• Restricts a municipality's ability to impose and collect municipal impact fees from new developments;
• Imposes any requirement to raise current state fees on local fines;
• Imposes new fees that result in the City collecting funds on behalf of the State;
• Establishes new exemptions from or diminishes the City's ability to collect sales or property taxes, or municipal
fee;
• Results in a significant reduction to the City's tax base.
Local Control of Land Use Planning, Zoning and Development Regulation
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, zoning and development regulatory authority.
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Legislative Issues
Oppose legislation that:
• Erodes local land use authority by restricting the ability of cities to zone or rezone properties;
• Restricts a city's ability to adopt or amend zoning regulations, or otherwise create a property right in a
zoning classification;
• Preempts the City from adopting development regulations it deems necessary for the preservation of the
City's quality of life (e.g., tree preservation);
• Is detrimental to the existing vested rights statute.
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. As
it relates to this position, the City will:
Monitor legislation related to:
• Gas well drilling, pipeline regulation and any other industry regulation that is related to drilling in urban
areas.
Support legislation that:
• Strengthens a municipality's ability to regulate and monitor gas wells and gas pipelines or otherwise
grants local governments additional authority and oversight over gas pipelines located within municipal
boundaries.
Oppose legislation that:
• Establishes uniform laws relating to municipal regulation of gas drilling, gas pipelines, or other gas -related
equipment;
• Weakens, strips, erodes or preempts the ability of cities to regulate gas pipeline locations or gas drilling
operations, production or equipment.
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:
SuppolAegislation that:
• 'des local governments the ability to expand local economic development efforts.
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Legislative Issues
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.
Texas Municipal Retirement System
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:
• 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.
Transportation Infrastructure and Systems
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.
Traffic management initiatives are a high priority for the City of Southlake, including capacity enhancements,
traffic control, public information, and implementation of alternative modes of transportation. 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:
• Provides cities with additional funding options and resources to address transportation needs that the state and
federal governments are unable or unwilling to address;
• Discontinues the diversion of transportation revenues to non -transportation purposes;
• Provides additional funding to the Texas Department of Transportation for transportation projects that would
benefit cities, so long as existing funding formulas are followed.
Water 01
The City of Southlake understands that access to long-term, adequate water supply is essential to the health and
vitality of the community. Recent challenges related to drought conditions underscored the need for to -term
planning related to supply and distribution, not only for Southlake, but for the region and the State. En ring
that we have an adequate supply of clean, affordable water protects public health and the economy. As it relates to
this position, the City will:
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Legislative Issues
Support legislation that:
• Advances the implementation of the State Water Plan.
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 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:
• Ensures that decisions related to the use of collective bargaining, meet and confer and other employment
processes are made at the local level.
Oppose legislation that:
• Mandates specific employment processes for municipalities by the State or Federal government.
Open Records
The general rule under the Texas Public Information Act (the Act) 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 municipal 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 certain public information requests by directing the requestor to the City's
website when the requested information is available on the site.
Public Notices
State laws require municipalities to publish certain notices in the local newspaper. However, with the use of
the Internet, the City could publish the same notices in a more efficient, less expensive, more meaningful and
well organized way. As it relates to this position, the City will:
Support legislation that:
• Allows a municipality to publish legal notices on a city's website versus the existing newspaper publication
whAh costs taxpayers unnecessary money.
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Legislative Issues
Public Safety
The City of Southlake has several 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:
• Authorizes sobriety checkpoints.
Oppose legislation that:
• Erodes or repeals red light camera authority.
Aircraft Noise and Air Space Utilization
The City of Southlake has historically worked with the Federal Aviation Administration (FAA) and the Dallas/
Fort Worth International 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 in the development of Air Corridor Utilization
Zones to clearly identify areas of over flight 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:
• 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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