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HomeMy WebLinkAboutR2008-041RESOLUTION NO. ADD A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON' S 2009 STATE LEGISLATIVE PROGRAM FOR THE 81sT TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 81St Texas Legislature will commence in January 2009; and WHEREAS, appraisal caps, revenue caps, general government, and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its legislative program for the 81th Texas Legislature, attached as Exhibit "A"; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. That the City of Denton's 2009 Legislative Program for the 81St Texas Legislature is adopted as set forth in Exhibit "A," incorporated herein and made a part of this resolution for all purposes. SECTION 2. That the Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the 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 and City council and City Staff and through other appropriate means. PASSED AND APPROVED this the 9`~ day of December 2008. MARK A. BURROU ,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO~/ED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~ L~ CityofDenton 2009State Legislative Program State of Texas st81 Legislative Session Asapproved bytheDentonCityCouncil onDecember 9, 2008 TABLE OF CONTENTS City of Denton Mayor and Council Contact Information 2 City Manager, City Attorney and City Staff Contact Information 3 2009 State Legislative Program Adopting Resolution 4 General Legislative Policy 5 Denton’s Highest Legislative Priorities 6 Revenue and Taxation 7 Land Use Resource 11 Utilities 12 Transportation 14 Public Safety 15 General Government 17 City of Denton 2009 State Legislative Program October 9, 2008 Page1 City ofDenton City Council Members Mailing Address for allof Council:215E. McKinney, Denton, TX 76201 The City Hall Phone number forCouncil – 940-349-7717 Mayor Mark Burroughs Cell: 940-390-9702 mark.burroughs@cityofdenton.com Office: 940- 382-4357 Mayor ProTem– AtLarge Place 5 Pete Kamp Home: 940-566-5557 pete.kamp@cityofdenton.com Cell: 940-390-9137 Council Member – District 1 Charlye Heggins Home: 940-566-3479 charlye.heggins@cityofdenton.com Cell: 940-391-2339 Council Member – District 2 Rudy Moreno Home: 940-565-8301 rudy.moreno@cityofdenton.com Cell: 940-368-6228 Council Member – District 3 Jack Thomson Home: 940-382-5176 jack.thomson@cityofdenton.com Cell: 940-435-1943 Council Member – District 4 Chris Watts Cell: 940-391-4422 chris.watts@cityofdenton.com Council Member – AtLarge Place 6 Joe Mulroy Home: 940-382-3396 joe.mulroy@cityofdenton.com City of Denton 2009 State Legislative Program October 9, 2008 Page2 City Manager, CityAttorney and City Staff The Denton City Council andstaff aregladto provide information, research issues and testify onthe City ofDenton legislative issues. Municipal Offices: 940-349-8200 City ofDenton 215E. McKinney Denton, Texas 76201 www.cityofdenton.com George Campbell Anita Burgess CityManager City Attorney 940-349-8306 940-349-8336 george.campbell@cityofdenton.comanita.burgess@cityofdenton.com Howard Martin Jon Fortune Assistant City Manager Assistant City Manager 940-349-8232 940-349-8535 howard.martin@cityofdenton.comjon.fortune@cityofdenton.com Fred Greene John Cabrales Jr. Assistant City Manager Intergovernmental Relations Officer 940-349-8232 940-349-8509 fred.greene@cityofdenton.com john.cabrales@cityofdenton.com Lindsey Baker Assistant totheCityManager 940-349-8234 lindsey.baker@cityofdenton.com City ofDenton 2009 State Legislative Program December 9, 2008 Page3 GENERAL LEGISLATIVE POLICY PRESERVETHECITY’SSTRATEGICGOALS & INTERESTS STATEMENT OFPRESERVATION Asageneral policy, the City ofDenton seeks topreserve itscurrent authority to govern thecity, itscitizens, anditsproperty. The City will oppose any legislation viewed asdetrimental totheCity’sstrategic goals; orthatiscontrary tothehealth, safety, and welfare ofitscitizens; orthat mandates increased costs orloss ofrevenues; orthatwould diminish thefundamental authority oftheCity. SUPPORT LEGISLATION THAT ADVANCES THECITY’SSTRATEGICGOALS & INTERESTS STATEMENT OF SUPPORT TheCity supports any legislation viewed asadvancing theCity’sstrategic goals; or thatimproves the health, safety, andwelfare ofits citizens; orthat responsibly increases revenues; orthatadvances theCity’sauthority toconduct the public's business. The City will oppose any initiatives thatseek toerode municipal authority or thatotherwise haveanegative impact on municipal operations. FORMCOALITIONSWITHPARTIESTHATSHARE COMMONGOALSANDINTERESTSWITHTHECITY FORMATION OF COALITIONS TheCity will form strategic partnerships withcities, political subdivisions, andprivate sector entities that share common goals with theCity ofDenton. Additionally, the Citywillwork incoordination with organizations such astheTexas Municipal League (TML) when their adopted positions areinlinewith thelegislative objectives and goals oftheCity. The formation ofstrategic partnerships and coordinated efforts isintended toprovide theCity with astronger presence inthelegislative process. City ofDenton 2009 State Legislative Program December 9, 2008 Page5 Denton’sHighest Legislative Priorities The City ofDenton has adopted the following legislative issues as prioritystissuesforthe81TexasLegislativeSession.The City Council oftheCity of Denton has met inworkshops, participated in legislative seminars and has received information from city staff and various groups within thecommunity to set these priorities. Continue tourge the legislature not to adopt any legislation, which would negatively affect City revenues and economic development efforts. legislation that would mandate areduction intheOpposeo current 10% caponannual appraisal growth. legislation that would impose arevenue capof anyOpposeo type, including areduced rollback rate, mandatory tax rate ratification elections, lowered rollback petition requirements, orexclusion of the new property adjustment ineffective rate and rollback rate calculations. legislation that imposes aproperty tax freeze that canOpposeo beimplemented byanymechanism other than council action. legislation that would require that the adoption ofaOpposeo new sales tax forproperty taxrelief shall result inalower property taxrollback rate for theadopting city. legislation that supports local control ofbudgetingSupporto process and decisions. legislation that would enact any sales tax exemption thatOppose would substantially erode thesales taxbase. legislation that would lengthen orbroaden thescope ofOpposeo the current sales tax holiday. any legislation that would impose asales tax holidayOpposeo fortextbooks. legislation that authorizes Transportation ManagementSupport Areas within Texas toform Transportation Districts forthepurpose ofcalling elections forvoters todetermine ifthey want toincrease City ofDenton 2009 State Legislative Program December 9, 2008 Page6 fees and taxes to fund aregional rail system and surface projects that will reduce regional congestion. legislation that would provide municipalities theauthority toSupport regulate and enforce zoning, building codes, and property maintenance codes within extraterritorial jurisdictions (ETJ). Revenue and Taxation legislation that would allow acouncil-option city homesteadSupport exemption ofup to 30percent. legislation that would require mandatory disclosure ofrealSupport estate sales prices. legislation thatwould authorize the State ofTexas to optintoSupport the Sales Tax Streamlined Project. legislation that would allow municipalities toaudit aSupport taxpayer’srecords forsales tax compliance, and ensures theequal tax treatment oftaxpayers, regardless of their sales method. legislation that would significantly increase the thresholdSupport requirements for determining whether awarehouse, storage yard, or manufacturing plant can beconsidered aplace of business ofthe retailer for sales taxsourcing. legislation that would require the Comptroller ofPublicSupport Accounts tonotify theaffected municipalities andafford each the opportunity tohear and dispute the facts inaccordance with established procedures prior toany reallocation ofsales tax revenue. legislation thatwould require theComptroller ofPublicSupport Accounts toonly make the reallocation ofsales tax prospectively when the net impact is between multiple municipalities. legislation that would convert the sales tax reallocationSupport process from aministerial process into amore formalized administrative process that would, at aminimum, require prior notice toall affected parties and impose atime limit ofthree years on the right ofaclaimant torequest arefund. City ofDenton 2009 State Legislative Program December 9, 2008 Page7 legislation that would permit alocal-option municipal courtSupport fee onconvictions inMunicipal court tobe used tooffset fuel costs. legislation that would clarify that only value lost toaSupport senior/disabled tax freeze should beexcluded from effective property tax rate calculations. legislation that would enact the following changes toSectionSupport 255.003 oftheTexas Election Code (thestatute prohibiting theuseof public funds forpolitical advertising): a.provide aclarification inthe statute, orby Texas Ethics Commission rulemaking, of the meaning of “advocate” for purposes ofthestatutory prohibition, including (ifpossible) illustrative examples oflegal and illegal content; b.provide that amember of amunicipal governing body does notviolate the statute ifthat person’sonly action was tovote tospend public funds in away that complies with the law atthe time ofthe vote; c.provide that acivil penalty imposed under the statute bars criminal prosecution forthe same conduct; d.provide that aviolation ofthestatute by anindividual requires aculpable mental state bythe actor (e.g., knowing, intentional, orreckless action); e.provide that an individual cannot be punished for violating the statute based solely onthe conduct of athird party; f.require that the Texas Ethics Commission make a preliminary, formal finding that acomplaint is not frivolous before acomplaint may proceed, and require the Texas Ethics Commission togive its reasons for such afinding; g.provide that itisanaffirmative defense tocivil orcriminal prosecution under the statute that the accused acted in reasonable reliance on acourt order or awritten interpretation ofthestatute contained inanopinion ofa court ofrecord, the attorney general, theTexas Ethics Commission, ortheattorney for the political subdivision for which theaccused serves. legislation that would extend the authority ofproperty- Support taxing entities toengage inproperty taxabatements. legislation that would create anew council-option city salesSupport tax forproperty tax relief that may exceed thetwo-percent local cap. City ofDenton 2009 State Legislative Program December 9, 2008 Page8 legislation that would significantly increase the three-saleSupport requirement under current law for determining whether a warehouse constitutes aplace of business forsales taxsourcing. legislation that would apply hotel occupancy taxes toRVSupport parks, except for stays oflonger than 30 days. legislation that would increase future local parks funding. Support legislation thatwould adopt theparks study called forbySupport H.B. 12 (2007), thus binding future legislatures tofull local parks funding. legislation that would require theGeneral Land OfficeSupport GLO) to do the following: (a) inform any affected city oftheGLO’s intent topurchase ordevelop land within thecity oritsETJ; (b) seek permission from affected cities for any proposed project todevelop land owned bytheGLO; and (c) adhere tothe affected cities’ development regulations when developing land owned bytheGLO. legislation that would simplify theeffective tax rateSupport calculation for notice purposes only, provided the legislation would have noeffect ontheunderlying effective taxrate and rollback tax rate calculations themselves, nor upon the hold harmless exemptions to those rates. legislation thatwould modify theSuper Freeport propertySupport tax exemption statute tomatch therelated constitutional amendment. legislation that would remove the four-year sunset for futureSupport street maintenance sales taxelections. legislation that would provide that hotel taxes aredueontheSupport final cost of the hotel room totheguest. legislation that would permit, butnot require, pooledSupport collateral for public deposits, provided the legislation contains the following features: (1) arequirement that banks provide 102- percent collateralization; (2) accurate reporting and tracking of collateral amounts; and (3) arequirement that pledged securities be City ofDenton 2009 State Legislative Program December 9, 2008 Page9 held bythecomptroller or other third party designated bythe comptroller. legislation that would impose destination-based sales taxOppose sourcing. anylegislation that would enact any detrimental amendmentsOppose tothe provisions ofSenate Bill 5orerode the provisions ofSenate thBill5 (79 Legislature, Second Called Session). legislation thatwould substantially modify thecurrentOppose procedures of appraisal arbitration in away that would substantially harm taxing entities orappraisers. legislation that would erode the concept that appraisals mustOppose reflect the true market value ofproperty. legislation that would impose new mandatory homesteadOppose exemptions orexemption increases. legislation that would impose new property tax exemptionsOppose that substantially erode the tax base. legislation that would impose aproperty tax freeze that canOppose beimplemented byanymechanism other than council action. legislation thatwould remove the authority ofacity tocollectOppose itsown property taxes. legislation that would automatically defer property taxes forOppose seniors. egislation that would expand to other groups theavailabilityOpposel ofproperty taxdeferrals. legislation that would permit another entity to impose aOppose property taxoncity-owned property. legislation that would extend the “Prop 2” pollution controlOppose property taxexemption toprocesses, facilities, or endproducts. City ofDenton 2009 State Legislative Program December 9, 2008 Page10 legislation that would allow other local governments orOppose districts not under the control ofthecity to reduce existing city sales taxes through theenactment ofnew sales taxes. legislation thatwould limit theuseof city economicOppose development incentives based onancillary social or economic goals. legislation thatwould expand election requirements forOppose issuance of any city debt. legislation that would require acitytogive special preferenceOppose to local depository banks orto public funds investments that would benefit thelocal economy. legislation that would cut state appropriations for futureOppose local parks grant funding. legislation that would create earmarks oflocal parks grantOppose funds. legislation that would require mailed notice of tax rates. Oppose legislation that would prevent acityfrom applying hotelOppose occupancy taxes onthefinal cost ofthehotel room tothe guest, or prohibit acity from suing any entity necessary tocollect such hotel occupancy taxes. legislation that would require municipalities toparticipate inOppose apooled collateral program formunicipal funds. Land Use and Resources legislation that would amend Chapter 245 of the Texas LocalSupport Government Code to clarify vested rights language inthe following manner: a.Narrow the definitions of “permit” and “project in 245.001. b.Delete the term “plan for development” insections 245.002(a)(2) and 245.002(a-1), and the term “property classification” from 245.004(2). City ofDenton 2009 State Legislative Program December 9, 2008 Page11 c.Provide that any plan for development that initiated a project following the 2005 amendments, butprior tothe 2009 amendments, can be terminated ifaconsistent permit application has not been filed (and approved) within 2years ofthe effective date ofthe 2009 amendments. d.Provide that section 43.002 is the exclusive vehicle for vesting property rights inadvance ofannexation. legislation that would address thefailure of utility companiesSupport to relocate their facilities inatimely manner asrequired bycurrent law. legislation that would allow voters inthe ETJ to vote onOppose whether any proposed ordinance or ordinance amendment shall apply inthe ETJ. legislation that would reduce amunicipal authority andOppose discretion toapprove thecreation ofaspecial district within acity’s incorporated area orETJ, including the expansion of adistrict’s boundaries orpowers. legislation that would erode city annexation authority. Oppose legislation that would erode city authority in theOppose extraterritorial jurisdiction over special districts. legislation thatwill reduce or eliminate development fees, Oppose exactions or building permits. legislation that will restrict cities’ ability to adopt oramendOppose zoning regulations, orvest orotherwise create aproperty right ina zoning classification. Utilities legislation that will preserve Congestion Revenue RightsSupport PCRRs) assigned to municipal utilities inexchange forsupporting the nodal market construct. legislation that will require autility rate study that comparesSupport the statewide utility rate, including electric, water, and natural gas, City ofDenton 2009 State Legislative Program December 9, 2008 Page12 toother Sunbelt states to ensure Texas maintains ourstatus asa premier location for future or expanding business ventures. legislation that allows municipal utilities toparticipate inSupport Competitive Renewable Energy Zone (CREZ) transmission construction effort without fear oflosing or jeopardizing their tax- freestatus. legislation that preserves the Self Regulation of MunicipalSupport Electric Utilities. legislation thatprotects theability ofgovernmental entitiesSupport tomaintain confidentiality ofcertain critical documents and activities. legislation thatadds wind resources tothetransmission gridSupport in astaged manner that will ensure the most cost-effective build-out oftransmission facilities, maintain grid reliability and avoid the potential for future stranded investment oftransmission facilities. legislation that takes acautious and measured approach toSupport any potential carbon orgreen house gas regulation such thatthe state of Texas does not inadvertently implement standards more rigorous than federal requirements. legislation that phases intheconcept oftime-of- use pricingSupport inconjunction with advanced metering technology where appropriate. legislation that clarifies that the 20% discount onelectricSupport service to universities ended September 1, 2007 based ontheexpress terms of Section 63 ofSenate Bill 7 (76th Legislature, 1999). legislation that requires market participants and RetailSupport Electric Providers (REPs) tobe properly capitalized before they are allowed to participate intheERCOT market. legislation that requires more stringent credit requirementsSupport forthe startup ofRetail Electric Providers (REPs). legislation that requires municipal electric utilities topayOppose uplifted charges forthose ERCOT Retail Electric Providers (REP) that declare bankruptcy orfor anyother ERCOT short pay charges. City ofDenton 2009 State Legislative Program December 9, 2008 Page13 legislation that would extend electric subsidies provided byOppose municipal utilities tofour-year state universities, upper level institutions, Texas state technical colleges orliberal arts colleges. legislation that exempts anyfurther exemptions totheOppose drainage fee. any legislation that would limit orprohibit acity'sability toOppose make and sellcompost/mulch products, inside and outside ofthecity limits. any legislation that will increase ERCOT Fees. Oppose Transportation legislation that would mandate theTexas Department ofSupport Transportation and the Texas Transportation Commission toallow that locally collected toll revenues remain inthe region where they were collected, and be administered bythe region using policies established inthe region. legislation that allows forgreater flexibility bycities tofundSupport local transportation projects; amend orotherwise modify theTax Code tohelp cities fund transportation projects; and provide municipalities additional funding options and resources toaddress transportation needs that the state and federal governments are unable toaddress. legislation that would fund options forthehighwaySupport infrastructure in Texas such asincremental transit sales taxless than cent, aone-percent gasoline sales tax, a1.75-percent motor vehicle sales tax, additional vehicle registration fees, alocal option gas tax, a vehicle motor tax, anew resident impact fee, oratransportation property tax. legislation that would exempt cities and counties from theSupport state requirement topayTxDOT’sproject administrative costs when cities and counties are providing thefunding for state highway projects included inTxDOT’sUnified Transportation Program. legislation that would expand the provisions ofTxDOT’sSupport Pass Through Toll Program that allow acounty todesign and City ofDenton 2009 State Legislative Program December 9, 2008 Page14 construct ahighway improvement onthestate’shighway system to apply toboth cities and counties when thecity orcounty is providing the funding for any project included in TxDOT’sUnified Transportation Program, provided that the reimbursement provisions ofthe Pass Through Toll Program would notapply tothis expansion oftheprogram. legislation that would exempt from the two-percent cap onSupport local sales tax any local sales tax committed to transportation projects, provided such tax permits each affected city to approve the enactment ofthe tax within itsjurisdiction. legislation that would constitutionally protect allrevenues inSupport Fund 6and discontinue thediversion oftransportation revenues to non-transportation purposes, andappropriate allrevenues from highway user fees and taxes tofund transportation. legislation that would index themotor fuels taxtoreduce theSupport decline inpurchase power oftransportation funding. legislation that would create aRegional Mobility AuthorityOppose 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. Public Safety legislation thatexpands the grandfathering clause ofnewlySupport classified civil service positions to municipalities that donot meet the population requirement outlined incurrent legislation. legislation that permits local regulations toprohibit theSupport ownership, possession, harboring, maintenance, transportation, or sales of specific breeds ofdogs within alocal municipality and/or support therepeal oflegislation which prohibits breed-specific regulations byhome rule municipalities and local municipalities. legislation that would require 100percent reimbursement ofSupport costs incurred bycities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by thegovernor orthe governor’sDivision of Emergency Management. City ofDenton 2009 State Legislative Program December 9, 2008 Page15 legislation that would amend Article 102.01111(a)(1) oftheSupport Texas Code ofCriminal Procedure toprovide that adefendant convicted ofafelony oramisdemeanor shall pay afeeof $15.00 rather than the current fee of $5.00 forthe services ofapeace officer inissuing awritten notice toappear incourt following violation ofa traffic law, municipal ordinance, orpenal law ofthestate, or making an arrest without awarrant. legislation that would provide consistency and uniformity inSupport the compliance deadlines andfees forcompliance dismissals ofclass C' misdemeanors. legislation that would amend Article 27.14(b) of the Code ofSupport Criminal Procedure by eliminating theneed tosend acertified letter ifaplea isreceived through the mail with nopayment and touse regular mail initsplace. legislation that would amend Article 43.05(b) and 45.045(a) Support ofthe Code ofCriminal Procedure toallow adefendant arrested on capias pro fine tobebrought immediately or the next day before the court oramagistrate atthe jail. legislation that would make theimpoundment ofavehicleSupport optional upon adefendant'sconviction ofasecond "novehicle liability" charge and that impoundment may beordered by justice courts of the sheriff and by municipal courts ofthe chief law enforcement officer ofthe municipality. legislation that would allow judges tosuspend adult driver'sSupport licenses for failure to appear orfornon-compliance with judicial orders onclass 'c' misdemeanor cases filed inmunicipal and justice ofthe peace courts. legislation that would amend Article 103.0031(i) oftheCodeSupport ofCriminal Procedure to allow courts with acontract with a collections vendor torefer cases that were filed prior toJune 18, 2003, and toadd theprescribed collection fee inorder toincrease compliance with judicial orders and enhance safe communities. legislation that further restricts acity’sability toimplementOppose aphotographic red light enforcement system touse cameras at traffic lights and impose acivil penalty forrunning thelight. City ofDenton 2009 State Legislative Program December 9, 2008 Page16 General Government legislation that heightens environmental standards, improvesSupport air and water quality and protects the health, safety, and welfare of Texans. legislation that would exempt cities from any federalSupport collective bargaining legislation that may become law inthe future. legislation that would enact the Community Building CodeSupport Administration Grant Actof 2007 orsimilar legislation iffiled in Congress in 2009. legislation amending Section 11.1825 oftheTax Code bySupport adding that community housing development organizations CHDOs) must receive anexemption from taxation from any affected municipality prior toreceiving ataxexempt status from the local property appraisal district. legislation that directly benefits UNT and/orTWU, ifsuchSupport proposals donot adversely affect thecity’sinterest. legislation that directly benefits Denton ISD, ifsuchSupport proposals donot adversely affect thecity’sinterest. City ofDenton 2009 State Legislative Program December 9, 2008 Page17