HomeMy WebLinkAboutR2016-043Ik""ESOLUTION No. R2016-043
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF
DENTON'S 2017 STATE LEGISLATIVE PROGRAM FOR THE 85 1h TEXAS
LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 85" Texas Legislature will commence in January 2017; and
WHEREAS, appraisal caps, revenue caps, budgeting authority, revenue sources, and
many other legislative issues affecting local government will be considered; and
WHEREAS, the City of Denton desires to adopt its 2017 State Legislative Program for
the 85th Texas Legislature; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton's 2017 State Legislative Program for the 85th Texas
Legislature is adopted as set forth herein and made a part of this resolution for all purposes.
SECTION 2. The Mayor and City Council, City Manager, and the City Attorney, or their
designees, shall communicate the items included in the 2017 State Legislative Program to
members of the Texas Legislature.
SECTION 3. The City Manager, or his designee, is directed to draft appropriate
legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony
from the Mayor, City Council, and City Staff and through other appropriate means.
PASSED AND APPROVED this the day of IR
2016,
S WATTS, MY R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
LOS",
BY:
F - I M
XMI=
11 EF''11 11171 1!
1. City of Denton Mayor and Council Contact Information 3
Ii. City of Denton City Management Contact Information 4
111. 2017 State Legislative Program Adopting Resolution 5
IV. General Legislative Policy 6
7. Priority Legislative Agenda
I
VI. Discussion of Priority Legislative Issues
IN
F.
VII. General Legislative Agenda 12
Page 2
t itj of Denton, Cia Council Members
Mayor Chris Watts
Chris.Watts@cityofdenton.com
Sara Bagheri
At -Large, Place 6
Sara.Bagheri@cityofdenton.com
Dalton Gregory
At -Large, Place 5
Dalton.Gregory@cityofdenton.com
Joey Hawkins
District 4
Joey. Hawkins@cityofdenton.com
Kathleen Wazny
District 3
Kathleen.Wazny@cityofdenton.com
Mayor Pro Tem Kevin Roden
District 1
Kevin.Roden@cityofdenton.com
Keely Briggs
District 2
Keely.Briggs@cityofdenton.com
Page 3
City of Denton City Management
(940) 349-8200
215 E. McKinney
Denton, Texas 76201
www.cityofdenton.com
Todd Hileman
Gt M
o/ 0940)
anager
9 349-8307
Tc)dd.1lj)ej,-n,,iii@cityofdenton.com
Howard Martin
Assistant City Manager
Utilities
o/ (940) 349-8232
I-loward.Martin(c'
�,cityofdenton.corn
John Cabrales, Jr.
Assistant City Manager
( )erations
0'+ ('940) 349-8509
Johii.Cabrt i,les(i�cityo,f(iciiton.coi,ii
Lindsey Baker
Intergovernmental Relations/
Niblic Information 01"ficer
o/ (940) 349-8234
c/ (817) 994-7133
Anita Btirgess
City Attorney
o/ (940) 349-8336
Anita. Bt.irgess(�,-t),cityofdenton.com
Jon Fortune
Assistant City Manager
Develo ment Services
o/ (940 349-8535
Jon. Fo rtti ne(4cityofdenton.corn
Bryan Langley
Assistant City Manager
Finance & Administration
o/ (940) 349-8224
Bryanlangley @,cityofdenton.corn
Alison Ream
Administrative Services Manager
o/ (940) 349-8310
Aflson.Reatn( cityofdenton.com
Page 4
'.P,,ESOLUTION No. R2016-043
A RESOLUTION OF THE CITY OF DENTON-, TEXAS, ADOPTING THE CITY OF
DENTON'S 2017 STATE LEGISLATIVE PROGRAM FOR THE 85th TEXAS
LEGISLATURE; AND PROVIDING AN EFFECTIVE D.
WHEREAS, the 85'h Texas Legislature will commence in January 2017; and
WHEREAS,' appraisal caps, revenue caps, budgeting authority, revenue sources, and
many other legislative issues affecting local government will be considered; and
WHEREAS, the City of Denton desires to adopt its 2017 State Legislative Program for
the 851h Texas Legislature; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton's 2017 State Legislative Program for the 85th Texas
Legislature is adopted as set forth herein and made a part of this resolution for all purposes.
SECTION 2. The Mayor and City Council, City Manager, and the City Attorney, or their
designees, shall communicate the items included in the 2017 State Legislative Program to
members of the Texas Legislature.
SECTION 3. The City Manager, or his designee, is directed to draft appropriate
legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony
from the Mayor, City Council, and City Staff and through other appropriate means,
PASSED AND APPROVED this the Aa day of -2016.
fl, WATTS, MAY, R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
M.
BY:
Page 5
�
Axl
. ...... . .....
BY:
Page 5
SI-A I E � M E [ SIF 9 E
The fundamental goal of the City's legislative activities is to produce positive outcomes for the
citizens of Denton 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 Denton can continue to enjoy the quality of life they have come to expect and
deserve.
STATEMENT OF PRESERVA
As a general policy, the City will oppose any legislation viewed as detrimental to the City's strategic
goals or would limit home rule authority; is contrary to the health, safety, and welfare of its citizens;
mandates increased costs or loss of revenues; or would diminish the fundamental authority of the City.
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 or other nicans;
• 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; and
• Further restrict cities' ability to adopt or amend zoning regulations or annex property in a
city's extraterritorial jurisdiction.
STATL;MEN_J OF_�f_LJVMRT
The City supports any legislation that would advance the City's strategic goals and interests; improve
the health, safety, and welfare of its citizens; and responsibly increase revenues.
[�QRM, COALITIOIN,S
The City will form strategic partnerships with other cities, political subdivisions, private sector and
non-profit entities, and other appropriate stakeholders that share common goals with the City of
Denton. 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.
P L L,(LI_SLLA:f PVL
EI �S:S_tj ES
QMose legislation that would impose a revenue cap, lower the rollback rate, or
otherwise restrict the ability of the City's elected governing body to set its own
budget or raise the necessary revenue to provide services to City residents and
businesses.
Su,212or legislation that preserves local land use authority.
0
Mose legislation that would erode local land use authority by restricting the
ability of cities to zone or rezone properties.
•I� �•I NU• NN 01111 1 11111
• Oppose legislation that would deregulate Municipally Owned Utilities or
amend their governing structure.
• Sul)Wrl, lekrislation that wouldpreserve Municipally Owned Utilities'governing
structure and ability to maintain a diversified energypor�folio.
•
kA
Preserve Local 11 rAin Aytilorl tv and Reyenue Sources
own budget or raise the necessary revenue to provide services to City residej
nts and
businesses.
During the last several Texas Legislative Sessions, proposals have been set forth that would
severely limit the ability of cities to set their budgets or raise adequate revenues to carry out their
fundamental functions. For example, numerous proposals to "cap" local revenues and property
appraisals have been filed in the Texas Legislature. Every elected official in the City of Denton is
sensitive to the tax burden our citizens and businesses pay, and is accountable to the local
electorate for the decisions they make. We are also mindful, however, that it takes a great deal of
flexibility with our local budget to meet the unique demands for services while at the same time
preserving the high standards our community expects.
PROBLEM
Revenue and appraisal caps undermine the ability of local governments to meet the individual
needs and circumstances of their cities. Additionally, one -size -fits -all "caps" violate the
fundamental principle of local control. Citizens and businesses have numerous opportunities to
provide input to the City of Denton's budget and tax rate -setting processes. Most importantly, the
citizens of our City get to voice their approval or disapproval of our budgeting performance and
tax rates every time we hold a municipal election.
Unfortunately, extremely low appraisal and revenue caps can produce numerous problems. For
instance, appraisal caps shift the inequitable tax burden to businesses and new homeowners. This
inequitable shift can produce serious long-term negative consequences for the local economy.
Revenue caps, on the other hand, require the City to cut services, delay critical road and facility
maintenance, delay or eliminate public safety equipment and facility upgrades, or take on more
debt to fund local projects and services. These types of "caps" are particularly harmful to a city
like Denton, because it prevents the City from adequately dealing with the infrastructure needs
brought on by tremendous population growth.
It is inappropriate for the State of Texas to expect local governments to provide numerous public
services with no funding from the State, while at the same time unduly restricting the ability of
local governments to raise the necessary levels of revenue to provide the required services.
SOLUTION
If revenue caps are going to be applied to local governments, they should be applied uniformly to
the state budget, as well. In short, the same rules should apply to all levels of government. The
State could also supplement local government funding as other states that impose revenue caps
have done.
Page 8
JTJI I 10 It Ily-1411 MULE 4se, xvun,rlyry
rezone properties.
Over the past few legislative sessions various proposals have been introduced to restrict the ability
of cities to enforce their traditional land use controls. Specifically, legislation that requires cities to
compensate landowners any time a zoning classification change is effected (often referred to as a
"downzoning"), has come dangerously close to becoming the law. Under these proposals, cities
would have to compensate landowners, even if the proposed zoning changes did not interfere with
the current or intended use of the property. In addition to compensating landowners for zoning
changes, proposals have been considered that would require compensation for numerous types of
city regulations. For example, previously proposed legislation would have required cities to
compensate landowners if they restricted the ability of patrons to smoke on premises or limited
the time of day that alcohol could be served. All of these types of local restrictions have been
debated under the theory of "regulatory takings."
Additional legislative proposals would have prevented cities from ever changing the zoning
classification of a property if any type of basic permit or site plan has been filed with any
governmental entity. Since 1999 the Texas Legislature has continually expanded the "permit
vesting" statute to include different aspects of city land use authority. The expansion of the
"permit vesting" statute is beginning to interfere with the ability of cities to impose orderly,
efficient, and comprehensive land use and development plans for their communities.
PROBLEM
Restricting the ability of cities to properly regulate land uses ultimately prevents them from being
able to respond to the needs and demands of their citizens. For example, land use controls are used
to keep undesirable businesses from locating in neighborhood -type settings. Additionally, one of
the main reasons people live in cities is to have the protection of a regulated land use system. In
short, when a home or business locates in a particular city they do so, in part, to ensure that an
incompatible structure will not be placed next to their property.
SOLUTION
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. This 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.
The State should be very cautious in proscribing solutions that are only applicable to individual
situations because of the vast differences between cities in this large state.
Page 9
Preserve Commlinity Ownership and Operation of Denton,.,Municipal
Electric
tmends their governance authority.
ISSUE
Recent State Legislative sessions saw bills introduced regarding partial deregulation for specific
Municipally Owned Utilities (MOU). Ultimately, none of the bills passed into law. However, this
type of legislative pressure toward specific MOUs can have a widespread, negative impact and
unforeseen consequences on MOUs throughout the state. Municipalities owning an electric utility,
such as in Denton's case, retain local regulatory authority through its main governing body, the
City Council. It is the role and choice of these City Councils to determine each MOUs energy
future by exercising its authority whether to opt in to the deregulated market or to retain its local
authority. In April, 2001, the Denton City Council took a wait-and-see approach and exercised its
authority choosing not to opt in to deregulation. To date, there has been no viable reason for
Denton to enter into the deregulated market.
Requiring MOUs to participate in the retail deregulated market essentially eliminates the
authority of the governing bodies of MOUs and forces them to operate under the same
guidelines as investor owned utilities. Historically, DME electric rates have remained stable and
competitively priced. Mandating that an MOU participate in the deregulated market not only
increases its financial burden, but also ensures that the increased costs are passed through to the
DME ratepayers, thus placing DME at a -in �j�
)et Live disadvantgoe in the electric market. In
addition, should an MOU such as that owned by the citizens of Denton be required to opt in, it
mitigates the strategic measures that the local citizens have enacted such as requiring more
renewable resources and higher reliability from their MOU.
PIZO13LEM
Austin Energy's (AE) rate issues have raised the deregulation issue and it is anticipated that
legislation will be proposed to deregulate all or a portion of AE. The opt -in discussions
concerning AE may be expanded to include all MOUs. For Denton to enter the deregulated
market, the additional operating expense would be substantial. The current and additional
operating expenses could be spread across a smaller customer base should customers exercise
their "power to choose." A reduction in DE's customer base would ensure that its remaining
customers would have to absorb the increased costs in the form of higher electric rates.
SOLUTION
MOUs must preserve the local authority and governing structure to provide affordable electric
service and energy portfolio diversity to its ratepayers.
Page 10
Preserve Community Ownership and,01 cration of.Denton Municipal
Electric
fro
The City of Denton is a nationally recognized environmental leader because of its continued
diversification of DME's energy portfolio. At no additional cost to its ratepayers, DME provides
more wind energy per capita than any other city in the United States and offers one of the largest
rebates for the installation of renewable energy generation in Texas. The City of Denton and
DME recognize the importance of reducing the overall dependence on fossil fuel generation,
while, at the same time being fiscally responsible to its citizens and ratepayers. As part of an
overall goal to increase the renewable portfolio while protecting rates and reliability, the City
Council approved a plan to be 70% renewable by 2019. The plan is projected to save Denton's
ratepayers $500 million over the next 20 years, cut emissions by over 70%, and reduce natural
gas usage by 37%.
Any legislation that eliminates MOUS' authority to determine and maintain a diversified energy
portfolio is fiscally irresponsible to the ratepayers. While some areas are more suited for specific
types of renewable generation, not all utility scale generation is appropriate in all locations. For
example, the cost of constructing and operating solar energy generation can be prohibitive.
While solar costs have declined over recent years, the capital costs, scarcity of land, lack of
electric infrastructure, and diminished levels of generation output, as compared to conventional
generation, can substantially drive the cost per megawatt -hour of solar energy production
upward.
It is unrealistic and cost prohibitive for the State of Texas to expect MOUS to provide
economically priced electricity to its citizens, while requiring a diversified energy portfolio that
includes predetermined amounts of specific renewable sources without funding from the State.
SOLUTION
MOUS must preserve the community authority and governing structure to provide affordable
electric service to its ratepayers. If energy portfolio diversity becomes a requirement, MOUS
should have the option to determine which renewable generation source is most suited to each
MOU's service area. If a generation requirement is mandated, it should be applied uniformly to
investor owned utilities, cooperatives, and MOUs. In addition, the State should supplement local
government funding of the construction of utility scale renewable generation to offset the impact
to the citizens of Denton.
Page 11
GENERAL LEGISLATIVI
AGENDA
RLygnim alILI JaIatiQn
• Support legislation that would improve the appraisal process to ensure equal and
uniform application of property taxes.
• Oppose legislation that would restrict the ability of cities to impose and collect
municipal impact fees from new developments.
• Seek introduction and passage of legislation that would amend the Tax Code by
adding the City of Denton to the bracketed list of municipalities authorized to utilize
Hotel Occupancy Tax (HOT) funds for enhancement and upgrading of city -owned
and existing sports facilities or fields, which provide significant economic benefit to
the community.
Land Uso and, Resources
• Support legislation that would provide municipalities the authority to regulate
and enforce building codes and property maintenance codes within the
extraterritorial jurisdiction (ETJ).
• Oppose legislation that would reduce a -municipality's authority and discretion to
approve the creation of a special district within a city's incorporated area or ETJ,
including the expansion of a district's boundaries or powers.
• Oppose legislation that would erode city annexation authority, including but not limited
to the elimination or restriction of the use of limited purpose annexations or the addition of
election or consent requirements.
• Oppose legislation that would reduce or eliminate development fees, exactions
(or impact fees), or building permits.
• Oppose legislation that would restrict cities' ability to adopt or amend zoning
regulations or the applicability of those regulations to existing projects, including but
not limited to the creation of any property rights or vesting in a zoning and use
classification or any restrictions regarding downzoning.
• Support the preservation of municipal authority to reduce the effects of oil and gas
development on city residents.
• Support legislation that would allow local governments to enact ordinances relating to
health and safety regulations as applied to gas drilling and production activities and to
reduce the effects of oil and gas development on city residents.
• Support legislation that would enhance local regulations related to oil and gas
operations.
Page 12
• Oppose legislation that would erode local control of existing authority and regulations of
gas well operations as articulated in HB 40 (84th Legislature).
Support legislation that would allow cities to enact ordinances regulating zoning and
development free from exception/exemption, including but not limited to imposing
limitations on the availability of the Freeze Law under Chapter 245 of the Texas Local
Government Code.
ulififics
• Support legislation that preserves Congestion Revenue Rights (PCRRs) assigned to
municipal utilities in exchange for supporting the nodal market construct.
• Support legislation that preserves the Community Regulation of Municipal Electric
Utilities.
• Support legislation that protects the ability of governmental entities to maintain
confidentiality of certain critical documents and activities.
• Support legislation that requires market participants and Retail Electric Providers
(REPs) to be properly capitalized before they are allowed to participate in the ERCOT
market.
• Support legislation that requires proper credit requirements for the startup of Retail
Electric Providers (REPs).
• Oppose legislation that requires municipal electric utilities to pay uplifted charges for
those ERCOT Retail Electric Providers (REP) that declare bankruptcy or for any other
ERCOT short pay charges.
• Oppose legislation that would extend electric subsidies provided by municipal utilities
to four-year state universities, upper level institutions, Texas state technical colleges, or
other special groups.
• Oppose any legislation that will increase ERCOT Fees.
• Oppose legislation that will restrict MOUs from building transmission infrastructure
outside their service area.
• Oppose legislation that provides any further exemptions to the drainage fee.
• Oppose legislation that would impose state "tap fees" or any other type of state charge
on municipal water systems.
• Support legislation that would raise the exemption amounts for public works projects in
the Texas Engineering Practices Act.
• Oppose any legislation that would limit or prohibit a city's ability to make and
sell compost/mulch products inside and outside of the city limits.
Page 13
• Support legislation that would protect the ability of the City to be adequately
compensated for any use of its rights-of-way.
• Oppose legislation that would erode the City's authority over the management and
control of its rights-of-way.
Oppose any legislation that would erode the City's authority to require utility companies
to pay the costs of relocating their facilities in a timely manner as required by current
law.
• Support legislation that would address the failure of utility companies to relocate
their facilities in a timely manner as required by current law.
Transl)ortation
• Support legislation that would include solid waste collection vehicles, as well as other
municipal utility vehicles, into the current Texas Move Over Law (Texas Transportation
Code 545.157).
• Support legislation that would retain limited authority for TxDOT to enter into
public-private partnerships on specific projects.
• Support legislation that would identify additional transportation revenue to enhance
statewide and regional ability to maintain and improve transportation infrastructure,
and that would provide metropolitan areas with flexible solutions to solve problems
and ensure that areas contributing to transportation solutions will not be penalized with
a loss of traditional transportation funding.
Support legislation that would constitutionally protect all revenues in Fund 6 and
discontinue the diversion of transportation revenues to non -transportation purposes, and
appropriate all revenues from highway user fees and taxes to fund transportation.
• Support legislation that would index the motor fuels tax to reduce the decline in
purchase power of transportation funding.
• Support legislation that would increase vehicle registration fees to address
transportation funding needs.
• Support legislation that would enforce existing regulations and penalties of driving
requirements (e.g. vehicle registrations, driver licenses, and vehicle insurance).
• Oppose legislation that would remove or negate the strictly voluntary nature of highway
turnbacks.
• Oppose legislation that would create a Regional Mobility Authority in the four county
area of North Central Texas including Dallas, Denton, Collin and Tarrant Counties for
the purpose of administering funds received through revenue sharing agreements.
• Support legislation that directly benefits Denton County Transportation Authority, if
such proposals do not adversely affect the City's interest.
Page 14
J`UJ2 Ul" Sa WY
• Support legislation that would require 100 percent reimbursement of costs incurred
by cities for services provided during emergency evacuation and shelter operations
resulting from an emergency evacuation ordered by the governor or the governor's
Division of Emergency Management.
• Oppose legislation that further restricts a city's ability to implement a photographic red
light enforcement system to use cameras at traffic lights and impose a civil penalty for
running the light.
• Support legislation that would clarify regulations related to open carry in municipally
owned facilities that are contractually operated by non-profit or private entities.
• Support legislation that would clarify where open carry is prohibited in a municipally
owned court office building.
• Oppose legislation that would restrict a city's authority to use license plate readers by
law enforcement agencies.
• Oppose legislation that would prohibit use of Association Business Leave by
authorized public safety Association members, as provided in existing meet and confer
agreements.
General Government
• Oppose state preemption of municipal authority in the regulation of payday lenders,
unless proposed legislation provides adequate protections from aggressive and
harmful lending practices.
• Support legislation that heightens environmental standards, improves air and
water quality, and protects the health, safety, and welfare of Texans.
• Support legislation that would exempt cities from any federal collective
bargaining legislation that may become law in the future.
• Support legislation amending Section 11.1825 of the Tax Code by adding that
community housing development organizations (CHDOs) must receive an exemption
from taxation from any affected municipality prior to receiving a tax-exempt status
from the local property appraisal district.
• Support legislation that would provide additional state funding for local and
regional initiatives related to reducing the number of homeless persons and those at
risk of homelessness in our community.
• Support legislation that would provide state funding to assist local non -profits in
providing adequate and coordinated mental health services throughout Denton
County.
0 Support legislation that would provide funding for Early Childhood Programs,
Page 15
including full-day service pre -kindergarten programs.
• Support legislation that directly benefits UNT and/or TWU, if such proposals do not
adversely affect the City's interest.
• Support legislation that directly benefits Denton ISD, if such proposals do not adversely
affect the City's interest.
• Oppose legislation that would further reduce funding to Denton ISD, if such proposals
do not adversely affect the City's interest.
PoNitions Apiwoved by City Council without Unanimous Consent
0 Oppose legislation that would increase state regulation of local ballot language. (6-1)
• Support legislation that would provide a statewide ban on the use of hand-held devices
while operating a vehicle, provided more stringent city ordinances are not preempted.
(5-2)
• Oppose legislation that would restrict a municipal government's ability to regulate
short-term lodging rentals from online listing platforms. (6-1)