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HomeMy WebLinkAboutR2005-002S:\Our DocumentslResolutions\O5\Denton Final Legislative Program 79th session.DOC RESOLUTION No.!frJ,OO5-¿;O;2. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2005 STATE LEGISLATIVE PROGRAM FOR THE 79TH TEXAS LEGISLATURE; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 79th Texas Legislature will commence on January 11, 2005; and WHEREAS, public school finance issues, general government, and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its legislation program for the 79th Texas Legislature, attached as Exhibit "A", NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton's 2005 Legislative Program for the 79th Texas Legislation 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 Attorney, 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. SECTION 4. That the Mayor, City Manager and the City Attorney, or their designees are directed to communicate to the members of the Texas Legislature and actively oppose any legislation which diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority and City of Denton's ability to provide services to its citizens. SECTION 5. That all previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 6. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. S:IOur DocumentslResolutionsl05IDenton Final Legislative Program 79th session.DOC PASSED AND APPROVED this the /ØM day of (1zv7./LrJA~ t- ~ß~;: YjJJ 2005. ATTEST:JENNIFER WALTERS, CITY SECRETARYBy~.,t (j! nl¿.; .)APPROVED AS TO LEGAL FORM:HERBERT L. PROUTY, CITY ATTORNEY BY: ~ çG~Page 2 Exhibit A" City of Denton 2005 State Lee:islative Proe:ram State of Texas 79th Legislative Session As approved by the Denton City Council January 18,2005 TABLE OF CONTENTS City of Denton Mayor and Council Contact Information 3 City Manager, City Attorney and City Staff Contact Information 4 Denton's Hil!hest Lel!islative Priority Continue to urge the Texas Legislature not to adopt school finance reforms or tax changes that would negatively affect city revenues and economic development efforts 6 Erosion of Local Control over City Ril!hts-of-Wav Support TML in "seeking introduction and passage" of legislation that would require utilities in city rights-of-way to relocate at their cost for city construction projects and to impose fmanciaI penalties on utilities that fail to relocate. 8 Support TML in "seeking introduction and passage" of legislation that would limit the Public Utility Commission's (pDC) jurisdiction to ratemaking. 8 Tax and Finance Issues Oppose State initiatives that restrict a city's ability to fund necessary local services. Oppose legislation that would reduce the current 10 % appraisal growth cap or impose revenue caps of any type. 8 Oppose legislation that imposes a property tax freeze that can bè implemented by any mechanism other than council action. 9 State Fees/Agreements in Lieu of Fees Support legislation that repeals the drainage fee exemption for state entities. Support legislation related to the cost of city infrastructure, fire and police services. 9 9 Rel!ional Transportation Support legislation that would permit cities to exceed the two-percent local sales tax cap for regional transportation revenue purposes.9 TML Resolutions proposed bv the City of Denton Support legislation that would provide for a method of road assessment damages or increased fees paid by heavy trucks in using city, county or state roads. 10 Support legislation that would provide for fundiug options for maintenance and operation of city-owned or city/private partnersbips for convention centers, including hotels. Support legislation tbat would automatically remove the ad valorem tax exemption, for Higher Education Authorities, or reduces the ad valorem tax exemption to the ratio of student occupation. 10 10 Retain Local Control over Development Issues and Fees Oppose legislation that would erode city annexation authority. Oppose legislation that would erode city authority in the extraterritorial jurisdiction over annexation and special districts. 11 Oppose legislation that will reduce or eliminate development fees, exactions or building permits. 11 11 City orÐenton 2005 State Legislative Program January 18, 2005 Page I Table of Contents œal!e Two) Red Lil!ht Lel!islation Oppose legislation that would restrict 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.12 Workers' Compensation Reforms Support reform of workers' compensation law to control or reduce health care costs without putting injured employees at risk, including legislation that would create health care networks, improve back-to-work programs and establish other cost-reducing programs or procedures suggested by the Sunset Commission. 12 Financial Disclosure Requirements Oppose the expansion of financial disclosure requirements beyond current law.13 Uniform Election Dates Oppose any changes to or elimination of uniform election dates.13 Support Leeislation that directlv benefits University of North Texas and Texas Woman's University Support full funding formulas for state universities and improved public education programs to to promote more college graduates. 13 Support Lel!islation that directly benefits Denton ISD Support increasing state funding for children with special needs, increasing the fiscal capacity of tbe school finance system and adding a factor to school funding for exempt state and federal property.13 City of Denton 2005 State Legislative Program January 18, 2005 Page 2 City of Denton City Council Members Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201 Voice Mail for all of Council - 940-349-8555 Mayor Euline Brock 1900 Westridge Denton, TX 76205 E-mail: euline.brock@citvofdenton.com Office: 940-349-7717 Home: 940-382-2436 Cell: 940-391-4940 Fax: 940-381-0106 Council Member - District 1 Raymond Redmon 1029 E. Hickory Denton, TX 76205 E-mail: raymond.redmon@citvofdenton.com Office & Home: 940-323-2301 Cell: 940-390-9475 Fax: 940-323-2300 Council Member - District 2 Pete Kamp 110 Friar Tuck Circle Denton, TX 76209 E-mail: pete.kamp@cityofdenton.com Office: 940-591-0308 Home: 940-566-5557 Cell: 940-390-9485 Council Member - District 3 Jack Thomson 1401 Amherst Dr. Denton, TX 76201 E-mail: iack.thomson@citvofdenton.com Home: 940-382-5176 Cell: 940-390-2296 Mayor Pro Tern - District 4 Perry McNeill 1508 Gatewood Drive Denton, TX 76205 E-mail: perrY.mcneil1@cityofdenton.com Office: 940-565-2364 Home: 940-591-6080 Cell: 940-390-9463 Council Member - At Large Place 5 Bob Montgomery 2329 E. Windsor Denton, TX 76209 E-mail: bob.montgomery@cityofdenton.com Home: 940-891-0051 Cell: 940-391-6545 Pager: 940-380-5140 Council Member - At Large Place 6 Joe Mulroy 124 Hollyhill Denton, TX 76205 E-mail: ioe.mulroy@citvofdenton.com Cell: 940-391-0049 Home: 940-382-3396 City ofDenton 2005 State Legislative Program January 18,2005 Page 3 City Manager, City Attorney and City Staff The Denton City Council and staff would be glad to provide infonnation, research issues and testify on the City of Denton 2005 Legislative Program. Municipal Offices: Michael A. Con duff City Manager 940) 349-8307 Kathy L. DuBose Assistant City Manager/Finance 940) 349-8228 Howard Martin Assistant City Manager/Utilities 940) 349-8232 Sharon Mays DirectorlElectric Utilities 940) 349-8487 City of Denton 215 E. McKinney Denton, Texas 76201 www.citvofdenton.com Herb Prouty City Attorney 940) 349-8333 Ed Snyder Deputy City Attorney 940) 349-8333 Jon Fortune Assistant City Manager/Public Safety and Transportation Operations 940) 349-8535 Betty Williams Director of Management and Public Infonnation 940) 349-8302 If you or your legislative staff needs assistance ftom Denton or has any questions, concerning Denton's legislative priorities, please contact: Dorothy Palumbo, Senior Assistant City Attorney/Legislative Coordinator 940) 348-8393, (940) 382-7923 FAX, or email: dorothv. pal umbo@citvofdenton.com. John Cabrales, Public Infonnation Officer 940) 349-8509, (940) 349-7444 FAX, or email: iohn.cabrales@citvofdenton.com City ofDenton 2005 State Legislative Program January 18.2005 Page 4 Denton's Le2:islative Priorities The City of Denton has adopted the following legislative issues as priority issues for the 79th Legislative Session. The City Council of the City of Denton has met in workshops, participated in legislative seminars and has received infonnation from city staff and various groups within the community to set these priorities. City ofDenton 2005 State Legislative Pmgmm January 18.2005 PageS Denton's Hie:hest Lee:islative Priority Continue to urge the legislature not to adopt any school finance or tax system reforms that would negatively affect City revenues and economic development efforts. Background: The City of Denton during the 41h Special Session of the 78th Texas Legislature passed Resolution No. 2004-012 urging the Texas Legislature not to adopt any school finance reform or tax system changes that would negatively impact city revenues or economic development efforts. Bills have been introduced in the 79th Texas Legislature on this issue. The City of Denton continues to urge the legislature not to pass this legislation by adopting the following resolution: RESOLUTION NO. 2004-012 A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONTINUING TO URGE THE LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE REFORM OR TAX SYSTEM CHANGES THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 23, 2004, the City of Denton, Texas passed ResoIntion No. 2004-012 urging the Texas Legislature not to adopt any school finance reform or tax system chauges that would negatively affect city revenues and economic development efforts; WHEREAS, the Texas Legislature was called into a Fourth Special Session and failed to pass school finance reforms; and WHEREAS, during the special session by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes were offered by some members of the Legislature; and WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax administration by Texas cities; and WHEREAS, all Texas cities combined collect only 15.3 percent of all property taxes collected in the State of Texas, while schools collect more than 60 percent; and WHEREAS, between 1985 and 2002, the municipal share of all property tax revenue fell from 20.3 percent to 15.3 percent; and WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, to ensure public safety through police and fire departments, and to provide numerous essential services for city residents, who are 80 percent ofthe state's population; and City ofDenton 2005 State Legislative Program January 18,2005 Page 6 WHEREAS, Texas cities engage in numerous economic development activities that produce jobs and revenue for the entire State of Texas; and WHEREAS, cities must meet the challenges of homeland security and compliance with state and federal mandates many of which are unfunded mandates; and WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good stewards to taxpayers' money; and WHEREAS, it is the City of Denton, Texas higbest priority to continue to urge the Texas Legislature not to adopt legislation to limit the ability of cities to collect sales and property tax revenues or to set tax rates tbat would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of the State of Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the governing body of the City of Denton will continue to oppose all school finance reforms or tax system changes by the Texas Legislature that negatively impact tbe ability of the City to provide basic essential services, conduct economic development activities, and ensure public safety by limiting our ability, beyond the provisions of current law, to collect property tax or sales tax revenues. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 23rd day of March, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: City ofDenton 2005 State Legislative Program Page 7 January 18,2005 Erosion of Local Control over City Ri!!hts-of-Wav Support TML in "seeking introduction and passage" of legislation that would require utilities in city rights-of-way to relocate at their cost for city construction projects and to impose financial penalties on utilities that fail to relocate. Support TML in "seeking introduction and passage" of legislation that would limit the Public Utility Commission's (PUC) jurisdiction to ratemaking. Background: Historically, most utilities were required by franchises and state law to relocate their facilities at their cost when the relocation was required for a public work's project. Some utility companies are arguing that Chapter 283 of the Texas Local Government Code (H.B. 1777) altered state law. Denton has experienced delay in public work's projects due to this confusion and a clarification of state law IS necessary. There are no current federal or state laws that reduce the authority of cities to exercise police powers for the protection of the health, safety, and welfare of the public in connection with the use of city streets and rights-of way by telecommunication companies and other entities providing service. Cities may impose numerous kinds of regulation on entities that use the city's right of way. These regulations will withstand legal challenge because they are reasonably connected to protection of the health, safety, or welfare of the public. Denton opposes any new legislation that limits the ability of cities to control the right of way. Cities collect franchise fees as compensation for the use of the right of way. These fees reimburse the public for the use of the right of way. Denton opposes any legislation that limits cities' ability to collect franchise fees. TML has placed these issues in their highest category. Tax & Finance Issues Oppose State initiatives that restrict a city's ability to fund necessary local services. Oppose legislation that would reduce the current 10 % appraisal growth cap or impose revenue caps of any type. Oty ofDenton 2005 State Leg;,lative Program Jaouary 18. 2005 Page 8 Oppose legislation that imposes a property tax freeze that can be implemented by any mechanism other than council action. Background: During the 4th Special Session, the City of Denton adopted a resolution that urged the Texas Legislature not to adopt school finance reforms that would adversely affect city revenues and economic development efforts. The city testified and wrote numerous letters during the session. The city continues to oppose state initiatives that restrict a city's ability to fund necessary local services. TML has also placed these issues in their oppose category. State Fees/Agreements in Lieu of Fees Support legislation that repeals the drainage fee exemption for state entities. Background: During the 2003 regular session, the legislature enacted legislation that exempts state properties, state colleges and universities from paying municipal storm water utility fees. These state entities benefit from the flood prevention and storm water control provided by city storm water program. All entities should pay their fair share of the city's efforts to prevent flooding and to respond to costly federal mandates relating to storm water run-off. When state entities are exempted from municipal drainage fees, the remaining ratepayers make up the difference. This issue was placed in TML's support category. Support legislation related to the cost of city infrastructure, fire and police services. Background: TML adopted this legislative issue by the City of San Marcos. University communities bear the cost of providing city infrastructure, fire and police services. Universities make no direct payments to university communities. State law should expressly provide for state universities to enter into agreements in lieu of fees with cities in which they are located for the cost of infrastructure, fire and police services. TML placed this issue in their support category. Re2ional Transportation Support legislation that would permit cities to exceed the two-percent local sales tax cap for regional transportation revenue purposes. Background: The City of Denton participates in the Regional Transit Initiatives, Regional Transportation Council and the Dallas Regional Mobility Coalition. The City ofDenton 2005 State Legislative Program January 18.2005 Page 9 City is also a founding member of the Denton County Transportation Authority. The city will urge the state legislature to amend state law to allow a region wide local option election to increase the sales tax cap, or to boost the gasoline tax on a regional basis, or provide any other funding source for regional transportation needs. TML placed this issue in their support category. TML Resolutions DroDosed by the City of Denton Support legislation that would provide for a method of road assessment damages or increased fees paid by heavy trucks in using city, county or state roads. Background: Cities in North Texas are experiencing a tremendous amount of road damage as a result of gas well drilling in the Barnett Shale. Legislation is needed that provides for a method of assessing road damages and imposing appropriate fees to be paid by heavy trucks using city, county or state roads. The resolution is written broadly enough to apply to all heavy trucks that damage city roads, not just those trucks related to gas well operations. TML placed this issue in their support category. Support legislation that would provide for funding options for maintenance and operation of city-owned or city/private partnerships for convention centers, including hotels. Background: Many Texas cities need funding for the construction, maintenance and operation of convention centers. State legislation is needed to allow funding for maintenance and operation, of city owned or city/private partnerships for convention centers, including hotels. ' TML placed this issue in their support category. Support legislation that would automatically remove the ad valorem tax exemption, for Higher Education Authorities, or reduces the ad valorem tax exemption to the ratio of student occupation. Background: Chapter 53 of the Texas Education Code permits a city to create a higher education authority or a nonprofit corporation to exercise powers similar to those of an authority. The nonprofit organization could formerly issue tax-exempt bonds to buy dormitories outside the city that created the corporation. Chapter 53 was amended last legislative session to require these authorities locate their facilities in the cities that created the authority. City ofDenton 2005 Sta" L,gislativ, Program Janua<y 18,2005 Page 10 However, existing authorities have already located these dormitories in cities other than the city that created them. These bonds financing the dormitories are sold to investors and are paid off tTom the rent tTom the dormitories. To qualify under the law, the dormitories must be rented exclusively to students or others officially connected with a university. The tax-exempt bonds must be approved by the state attorney general's office. Some cities that have created higher education authorities contend that facilities they have constructed or acquired outside their extraterritorial jurisdiction are not subject to local ad valorem property taxes. The City of Denton proposes removing or reducing the ad valorem property tax exemption if these facilities are not rented to students. TML placed this issue in their support category. Retain Local Control over Development Issues and Fees Oppose legislation that would erode city annexation authority. Oppose legislation that would erode city authority in the extraterritorial jurisdiction over annexation and special districts. Oppose legislation that will reduce or eliminate development fees, exactions or building permits. Background: During the past five years Denton has allocated major staff recourses and spent significant sums on creating a development strategy, embodied in the Denton Plan, 1999-2020, and the Denton Development Code. Denton citizens do not want these efforts to be undermined by legislation eroding local control. The city needs to retain local authority over annexation, development fees, and building permits to implement these plans. Denton provides water and wastewater to its own citizens and also provides water and wastewater services through interlocal agreements with many smaller cities in Denton County. There are 12 tTesh water supply districts in Denton County. The City of Denton has had problems with a tTesh water supply district forming inside the city limits and had to file litigation. Fresh water supply districts tTequently have substandard intTastructure and cannot serve the development that the district projected at build out. These systems are not required to bid competitively and are very expensive. Developers will often structure the debt to include a bond balloon payment. This balloon payment is usually due around the time the system is failing. Cities are then pressured to take over the district through annexation and are forced to spend Œy of D,nton 2005 Sta" Legislativo Pmgram January 18.2005 Page 11 substantial sums to correct the problem. This is the same problem Houston faced in the early 80s. Denton will urge legislators to exercise caution when creating special districts and make sure that special districts notifY and receive permission from cities before forming. Photo2raphic Red Li2ht Le2islation Oppose legislation that would restrict 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. Background. During the 2003 legislative session, SB 1184 passed and amended the Texas Transportation Code to all cities to use cameras at traffic lights and impose a civil penalty for running the' red light. Each year in the United States more than 800 people die and over 200,00 are injured in crashes that involve running of a red light. Texas is ranked fourth in the nation for death rates in red- light crashes. In one Texas city that implemented right light photo systems, the Insurance Institute for Highway Safety reported a twenty-nine percent overall reduction in injury crashes. Other Texas cities have implemented this program. Denton is in the process of implementing the ordinance. Whether to implement this type of system should be a local decision that is made by the local government. Workers' Compensation Reforms Support reform of workers' compensation law to control or reduce health care costs without putting injured employees at risk, including legislation that would create health care networks, improve back-to-work programs and establish other cost-reducing programs or procedures suggested by the Sunset Commission. Background. The House Business and Industry Interim Committee is studying this issue along with Representative Burt Solomons, who is the chair of the Sunset Advisory Commission. Denton supports these reforms to contain the costs of workers' compensation. TML has placed this issue in their support category. City ofDenton 2005 State Legislative Program January 18,2005 Page 12 Financial Disclosure Requirements Oppose the expansion of financial disclosure requirements beyond current law. Background. H.B. 1606 passed last legislative session late in the last day of the session with a provision added on in conference committee to apply financial disclosure requirements to cities over 100,000 in population. This bill as sent to the committee applied only to cities over 350,000. Denton opposes any changes to financial disclosure requirements. TML has placed this issue in their "oppose" category. Uniform Election Dates Oppose any changes to or elimination of uniform election dates. Background. H.B. 1549 (2003 regular session) moved the May general election date from the first Saturday to the third Saturday. During the 3rd special session this legislative issue was a TML priority, since moving May elections to the last Saturday would create significant problems for many Texas cities. Legislation sponsored by Representative Denny and Senator Nelson passed, returning the May election date to the first Saturday in May. Denton opposes any modification of the uniform election dates. TML has placed this issue in their "oppose" category. Support Le2islation that directly benefits UNT and/or TWU Support legislation that directly benefits UNT and/or TWU, if such proposals do not adversely affect the city's interest. Support Le2islation that directly benefits Denton ISD Support legislation that directly benefits Denton lSD, if such proposals do not adversely affect the city's interest. City of Denton 2005 State Legislative Program January 18. 2005 Page 13