HomeMy WebLinkAbout023471 RES - 10/27/1998A RESOLUTION
ADOPTING A STATEMENT OF POLICY FOR
THE CITY OF CORPUS CHRISTI REGARDING
LEGISLATION IN THE SEVENTY-SIXTH
TEXAS LEGISLATURE AND UNITED STATES
CONGRESS AND ACTIONS BY STATE AND
FEDERAL ADMINISTRATIVE AGENCIES
UNTIL AMENDED BY THE CITY COUNCIL.
WHEREAS, the 76th Texas Legislature convenes in January 1999, and the United States
Congress will also be in session during said legislative term; and
WHEREAS, the Legislature and Congress and their administrative agencies will
consider many measures and actions that affect the City of Corpus Christi; and
WHEREAS, it is necessary to provide guidance for City officers and representatives in
conducting legislative and administrative efforts and relations with other levels of government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS, THAT THE FOLLOWING IS ADOPTED
AS THE CITY'S LEGISLATIVE AND ADMINISTRATIVE POLICY UNTIL FURTHER
ACTION BY THE COUNCIL:
SECTION 1. GENERAL POLICY AND PROCEDURES
a. The City will support legislation and administrative actions that:
1. Will protect and enhance City revenues.
2. Reduce costs to the City.
3. Provide for more local control.
4. Protect those policies previously established through the Charter, ordinances,
resolutions, and master plans.
5. Provide increased educational opportunities for the citizens of Corpus Christi and the
region.
b. The City will oppose legislation or administrative actions that:
1. Undermine the principle of home rule and local self-government.
2. Result in loss of revenue or revenue growth to cities.
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3. Diminish the authority of cities to regulate and manage their growth and
development.
4. Nullify or undermine the City's policies contained in existing provisions of the
Charter, ordinances, resolutions, and master plans, unless such changes expand the
City's ability to manage its own affairs.
5. Diminish any existing authority of cities.
6. Impose mandates that require any expenditure by the City unless all costs of same,
including administrative as well as direct out-of-pocket costs, are fully reimbursed by
the mandating government.
c. The City Council will determine the City position on all legislative issues.
d. The City's Boards, Commissions, and Advisory Groups may not represent in oral
testimony or in writing a position on proposed legislation or administrative action unless
that position is first approved by the City Council.
e. Positions on legislative or administrative matters originating outside of the City Council,
but within the City's governmental framework shall be submitted to the City Manager for
review prior to consideration by the City Council.
f. The legislative or administrative positions herein approved, and others separately
approved by the City Council, shall be communicated to the legislative and congressional
delegations, to the Legislature and Congress, in general, and/or to the appropriate
legislative committees and administrative agencies or to others by members of the City
Council, the City Manager, staff persons, and consultants and others designated by the
City Manager.
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The City will coordinate its legislative and administrative program with other political
jurisdictions and provide assistance to those political jurisdictions where possible and
where there is a commonality of interest.
h. It is recognized that this policy will often be implemented in the context of great numbers
of voluminous proposals being considered within short time periods. City representatives,
under the direction of the City Manager, shall be authorized to act on behalf of the City
consistently with the necessarily broad policy concerns set forth in this policy.
i. In this policy, items are classified under three levels of importance, Priority, Actively
Support, and Endorse, as follows:
1. Priority means that the City will actively pursue and support (or oppose, as specified)
the policy including, if necessary, seeking introduction and passage of legislation.
2. Actively Support means the City will aggressively attempt to obtain passage of a
measure if it is introduced by some other entity (or actively oppose, as specified).
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3. Endorse means that the City will make its (support or opposition) known, but will
not actively pursue the issue.
SECTION 2. FINANCIAL INTEGRITY
PRIORITY
a. Franchise Fees. The City unalterably opposes any measure which would reduce the
City's existing franchise fees, the growth of those franchise fees, or its ability to charge
franchise fees. Franchise fees are essential to continuation of basic services. A vote to
reduce franchise fees would be a vote to increase Local ad valorem taxes or reduce basic
local services such as police, fire, roads, and parks, and would constitute a gift of public
property for private purposes.
b. 911 Fees. The City supports the right of cities to withdraw from 9-1-1 districts, and
opposes legislation which would prohibit withdrawal or require their citizens to continue
paying 9-1-1 fees to the State after withdrawal.
c. Hotel Tax/Convention Center Remodeling and/or Expansion. The City supports
legislation which would provide resources to expand and/or remodel the Convention
Center (the specific legislative initiative is being developed in coordination with the
Greater Corpus Christi Business Alliance and the Corpus Christi Hotel -Motel Association
and will be brought back before the City Council for future consideration).
ACTIVELY SUPPORT
d. Tobacco Settlement. The City supports legislation which would assure cities an
equitable share of the tobacco settlement for all municipal purposes.
e. Liability Law. The City supports legislation to reduce potential liability of
municipalities and municipal employees for torts and other actions and opposes
legislation which would increase such liability.
f. Statute of Limitations. The City supports legislation to create a two-year statute of
limitations for lawsuits aimed at invalidating municipal acts on the basis of procedural
error.
g. Year 2000 Liability. The City supports legislation immunizing cities from liability
relating to Year 2000 computer problems.
h. Sales Tax Information. The City supports legislation to allow cities to obtain sales tax
information on any entity that annually remits sales tax payments of more than $100,000.
i. Prompt Payment Statute. The City opposes legislation increasing the requirements of
the prompt payment statute.
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j. Indemnity Provisions. The City opposes legislation invalidating or prohibiting
indemnity provisions in public works contracts.
k. Mandated Fees. The City opposes legislation which would require a city to raise any
municipal fee and remit the revenue to the state.
ENDORSE
1. Prior Law Tort Claims. The City supports amendment of the Tort Claims Act to
provide that all municipal tort claims, including those prior to January 1, 1970, be
classified as governmental or proprietary based on present law.
m. Crime Victims Fund. The City supports legislation to allow local entities to share in the
revenue collected under the Crime Victims' Compensation Fund for eligible projects.
n. Appraisal Appeals. The City supports legislation to allow cities to challenge the
appraisal of a specific property.
o. Municipal Court Costs. The City supports legislation which would consolidate all State
court costs collectible by municipal courts into one fee payable to the State, and require
that, in case of partial payments, a city and the state will split the payments until both
receive the proper amount of revenue. The City opposes additional State fees or court
costs on municipal court.
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q.
Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens.
School Traffic Court Cost. The City supports legislation to reinstate the local option
court costs for a traffic offense that occurs in school zone or for unlawfully passing a
school bus.
r. State Mandates. The City supports legislation providing that a political subdivision
does not have to comply with or otherwise enforce a legislative mandate unless the State
Comptroller certifies that 75 percent of the cost of the mandate is funded by the State.
s. Truth in Taxation. The City supports legislation which would exclude new growth for
the purpose of determining notice and hearing requirements triggered by additional ad
valorem tax revenue.
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SECTION 3. ESSENTIAL INFRASTRUCTURE
PRIORITY
a. Water. The City supports legislation to protect the City's water supply and water rights,
and to enable the City to expand its water supply and rights, and strongly opposes
legislation which would diminish or challenge such water supply or water rights or the
City's ability to expand such. The City supports amendments to the Texas Water Code
which would remove unreasonable restrictions on interbasin water transfers, and which
would encourage use of market forces to distribute water and water rights subject to
reasonable environmental regulations.
b. Transportation.
1. JFK Causeway. The City supports immediate raising of the JFK Causeway.
Delaying action poses a serious safety risk to the public. The City supports
adding public safety to the Texas Department of Transportation funding criteria.
2. Cross Town Expressway. The City supports continuation of the funding one
category status of the Cross Town Expressway project which has been established
by the Texas Department of Transportation.
3. Equitable Distribution of Road Maintenance and Construction Revenues.
(a) The City strongly supports legislation assuring the equitable allocation of
transportation resources from the State.
(b) The City supports legislation that mandates the distribution of any county
imposed vehicle registration road and bridge assessment to cities on an
equitable and proportionate basis.
SECTION 4. COMMUNITY PROTECTION AND DEVELOPMENT
PRIORITY
a. Annexation. The City strongly opposes legislation which would erode annexation
authority of cities.
b. Windstorm Insurance. The City supports windstorm insurance legislation which
assures full replacement cost coverage to presently existing building codes, and exclusion
from windstorm building regulations for parts of the city outside the coverage area.
c. Marine Archeological Repository Funding. The City supports legislation which at a
minimum provides equitable funding to the City's Museum from any state allocation of
funds for marine archeological repositories.
ACTIVELY SUPPORT
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d. Affordable Housing. The City supports affordable housing initiatives which do not
undermine the City's regulatory authority to protect the public health, safety, and welfare.
e. Building Codes. The City supports legislation maintaining and expanding municipal
authority to select building codes and make local amendments as determined by local city
councils, and opposes legislation eroding such authority such as by mandating adoption
of particular codes.
f. Platting. The City supports legislation that would: 1) repeal the "five acre exemption"
in the platting statute; 2) direct the county clerk to require that deed filing include an
affidavit verifying compliance with subdivision requirements. The City opposes
legislation which would weaken municipal platting regulatory authority.
g.
GIS. The City supports legislation that provides: 1) if a city does not collect records
preservation funds, it may provide access to geographic information data at low cost or
no cost to requestors; 2) when a city provides this access, it may set charges of providing
copies of the GIS database; and 3) such charges may include data collection costs, system
operation costs, and an estimation of the value of the information on the commercial
market.
h. Historic Courthouse Preservation. The City supports full State funding for
preservation of historic courthouses for which preservation is feasible.
Extraterritorial Jurisdiction. The City supports legislation: 1) to protect and strengthen
cities' authority in their extraterritorial jurisdiction; 2) to require a seller of property in
the ETJ to fully disclose to a buyer that the subject property is in the ETJ and subject to
annexation.
j. Eminent Domain.
domain authority.
k. Vesting Statute.
vesting statute.
The City opposes legislation which would erode municipal eminent
The City opposes legislation which would re-enact the so-called
ENDORSE
1. Plumbing Inspectors. The City supports legislation to replace current regulations
relating to plumbing inspectors, by establishing qualifications for taking the state
plumbing inspector exam and maintaining a plumbing inspector license.
m. Electrical Licensing. The City opposes legislation which would impose a statewide
electrical licensing law.
n. Impact Fees. The City supports legislation to simplify the procedures required for the
development and revision of impact fees.
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o. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen
city authority to regulate alcoholic beverage sales and consumptions.
p. Group Homes. The City supports legislation to protect and strengthen city authority to
regulate group homes.
q. Manufactured Housing. The City supports legislation to protect and strengthen city
authority to regulate manufactured housing.
r. Library TexShare Program. The City supports legislation allowing public libraries to
become members of the TexShare program.
SECTION 5. CHILDREN AND YOUTH
PRIORITY
a. Latchkey Program. The City supports legislation to clarify that its Latchkey Program is
a governmental function for purposes of tort liability, and to establish liability protection
for such municipal programs at the same limits as that of school districts.
b. Juvenile Crime. The City supports legislation to reduce crime and delinquency among
children and youth, to promote their development and well-being, and continued funding
of CYD programs.
ACTIVELY SUPPORT
c. Children's Health Insurance Program. The City supports funding the Children's
Health Insurance Program from tobacco settlement funds, and supports development of a
long-term funding plan to ensure funding availability for children's health care.
d. Specialized District Court/Family Court. The City supports creation of a specialized
district court or family court for Nueces County to handle cases for Child Protective
Services and the Juvenile Justice Department.
ENDORSE
e. Safe Schools Act. The City opposes weakening of the Safe Schools Act.
SECTION 6. EDUCATION
PRIORITY
a. Higher Education. The City supports legislation to advance and obtain sufficient
support for education in this area, especially legislation to enable Texas A&M — Corpus
Christi to operate as a strong and viable four-year university, including special item
funding; and legislation to insure adequate funding for the operation and programs of the
Del Mar Junior College District, including Full Formula Funding.
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b. Health Education Center. The City supports legislation to establish a Health Education
Center at Texas A&M — Corpus Christi.
c. Regional Public Safety Training Academy. The City supports legislation to enable
development of a Regional Public Safety Training Academy in Corpus Christi.
ACTIVELY SUPPORT
d. South Texas/Border Initiative. The City supports continued funding of the South
Texas/Border Initiative,
SECTION 7. PUBLIC SAFETY AND HEALTH
PRIORITY
a. School Crossing Guards. The City supports legislation requiring counties, at the request
of cities or school districts representing at least 85% of the population of the county, to
increase road and bridge taxes by $1.50 to fund school crossing guards.
b. Fire Control and Prevention District. The City supports legislation permitting the
creation of Fire Control and Prevention Districts similar to Crime Control and Prevention
Districts.
ACTIVELY SUPPORT
c. Pawnshops. The City supports legislation which would 1) require licensed pawnshops to
provide electronic access to local law enforcement agencies of all pawn transactions, 2)
and which would protect and strengthen cities' authority to regulate pawnshops.
d. Liability Limit Outside of Jurisdiction. The City supports legislation that would limit
liability against City emergency service providers when requested to provide service on
an emergency basis in another jurisdiction.
ENDORSE
e. Community Service for Minors. The City supports legislation to eliminate the
requirement that mandatory community service imposed on a minor convicted of certain
alcohol or tobacco offenses be alcohol or tobacco -related.
f. Rabies Vaccinations. The City supports legislation to authorize designated local rabies
control authorities to vaccinate animals under their control for rabies and to obtain
vehicle owner records from law enforcement agencies in the course of their required
duties.
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Impoundment of Uninsured Vehicles. The City supports legislation to authorize the
impoundment of motor vehicles that are not covered by insurance.
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h. Nuisances. The City supports legislation which would allow a city to pursue nuisance
remedies against the owner of a multi -unit residential property who knowingly permits
certain violent criminal offenses to occur on the property.
J.
Paint Sniffing. The City supports legislation to repeal Section 485.018, Health and
Safety Code, which prohibits a city from enacting an ordinance that requires a business
establishment to display abusable glue or aerosol paint in a manner that makes the glue or
paint accessible to patrons of the business only with the assistance of personnel of the
business.
Amusement Rides. The City supports legislation that would strengthen the inspection,
training, accountability, and safety requirements and regulations for the operation of
amusement rides.
k. Felony Forfeitures. The City opposes legislation which would detrimentally change the
existing felony forfeiture statute.
1. Smoking Regulation. The City opposes legislation which would weaken city authority
to regulate the sale, distribution, advertising, display, or promotion of tobacco products.
m. Peace Officers. The City opposes legislation to authorize additional entities to employ
and commission peace officers.
SECTION 8. UTILITIES
PRIORITY
a. Electric Industry Deregulation. The City supports electric industry deregulation
legislation but only if it 1) fully preserves municipal authority over rights-of-way or other
public property; 2) fully preserves municipal authority to impose a right-of-way fee that :
a) is equal to that received prior to competition, and b) increases with growth; 3) ensures
that all citizens will benefit through lower rates; 4) assures that electric system reliability
and service quality will be maintained at standards equal to or better than the reliability
and service standards which exist today; 5) allows cities to serve as aggregrators; 6)
provides checks and balances against concentration of market power through takeovers,
mergers, acquisitions, or other means; 7) protects the ability of a municipally owned
utility (MOU) to operate profitably, continues to exempt MOU's from regulation by the
Public Utility Commission, and protects the financial integrity of any city.
b. Right -of -Way Control. The City opposes legislation which would erode the authority of
cities to manage and control their rights-of-way and other public property.
ACTIVELY SUPPORT
c. Franchise Requirement for PUC Certificate. The City supports legislation which
would require an applicant for a Service Provider Certificate from the Public Utility
Commission to obtain a city franchise.
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d. Underground Facilities Notification. The City opposes legislation that would amend
the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid by a facility
operator, 2) levy a fee on an excavator, 3) raise the registration fee unless the fee is
determined on a more equitable basis, and 4) require mandatory participation by cities as
Class B operators.
ENDORSE
e. Use of Water Courses. The City supports legislation which assures the unlimited right
of cities to use water courses in the state to discharge permitted wastewater.
SECTION 9. ENVIRONMENT
PRIORITY
a. Effluent Use. The City supports legislation that would assist the innovative use of
wastewater effluent, including diversion into estuaries in lieu of water release
requirements from reservoirs.
b. Air Quality. The City supports continued allocation of financial resources for near non -
attainment areas, which is essential for those communities striving to remain within
federal guidelines for air quality.
ACTIVELY SUPPORT
c. Parks and Recreation. The City supports additional funding for State grants to cities for
park acquisition and development.
d. Beach Cleaning. The City supports full State funding of the beach cleaning program.
e. Oil Spill Response Program. The City supports continued and expanded State support
for the Oil Spill Response Program and the location of a major center in the Corpus
Christi area.
f. Drainage/Stormwater. The City opposes further unfunded mandates with respect to
drainage and stormwater, and supports increased State programs to assist in solving such
problems.
g.
Solid Waste. The City supports legislation which would: 1) create/continue state
incentives for demonstration projects of volume -based solid waste rates; 2) allow for a
refund of a portion of the solid waste tipping fee for cities that voluntarily institute
volume -based solid waste rates; 3) create/continue state incentives for cities to
voluntarily adopt yard waste bans; 4) allow creation of solid waste management districts;
5) require the TNRCC to adopt the EPA's "503" rules relating to land application of
sludge and to encourage cities to pursue beneficial use of sludge rather than landfilling;
6) prohibit the TNRCC from enacting a landfill standard more stringent than federal law,
and/or require the TNRCC to allow maximum flexibility for landfills under federal law.
The City opposes legislation which would: 1) require cities to adopt volume -based solid
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waste rates or full -cost accounting procedures for solid waste services; 2) eliminate
existing incentives for demonstration projects of volume -based solid waste rates; 3)
impose a ban on yard waste; 4) eliminate existing incentives for cities to voluntarily
adopt yard waste bans; 5) require landfills to further identify the source of solid waste
accepted at the landfill; 6) expand the authority of counties or other entities to regulate
the siting of landfills that are part of a regional solid waste plan; 7) mandate waste
separation beyond current law; 8) mandate recycling beyond current law; 9) mandate
composting; 10) increase the solid waste tipping fee or change the allocation formula in
such a way that grants to cities — from funds generated by the fee — are endangered; 11)
erode the authority of cities to provide solid waste services in newly annexed areas.
SECTION 10. PERSONNEL
PRIORITY
a. Fire Fighter Pensions. The City supports legislation enabling pension increases for
Corpus Christi Fire Fighters who retired prior to May 21, 1973.
b. City Medical Providers. The City supports legislation to include city employees who
provide medical services within the same limits on liability applicable to other city
employees.
ACTIVELY SUPPORT
c. Emergency Response. The City opposes legislation which would erode current
municipal authority to establish standards relating to response of non-resident employees
to civil emergencies or which would in any other way, erode current municipal options
regarding residency policies.
d. Collective Bargaining Law. The City opposes legislation which would broaden current
law regarding adoption of collective bargaining.
e. State Fire and Police Civil Service. The City supports amending the State Fire and
Police Civil Service law to: 1) permit entrance examinations for police officers to be held
at different locations; 2) redefine the probationary period for police officers to be either
12 or 18 months from the date of licensing; 3) permit score -banding in entrance
examinations; 4) require dismissal of police or fire personnel convicted of a felony
without civil service appeal; 5) permit full list certifications for all candidates who pass
the entrance examination; 6) extend the alternative promotional system provision to fire
departments; 7) extend experience provisions to fire fighters; 8) authorize civil service
commission to appoint independent expert to conduct conclusive medical/mental
examinations; 9) define "working day;" 10) define "year of injury leave;" 11) permit
cities to pool resources to develop and administer entrance exams; 12) require police
officers and fire fighters to notify their departments if arrested or convicted of a crime;
13) extend the time to hear appeal of disciplinary action from 30 to 45 days; 14) include
"deferred adjudication" as a conviction; 15) clarify that there is no appeal from decision
of panel of physicians; 16) allow filling of a position following a determination that the
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officer is physically or mentally unable to perform his duties; 17) allow the civil service
commission to set additional standards for a beginning position; 18) allow the civil
service director to certify three "suitable" candidates from the entrance eligibility list; 19)
restrict payment of up to 90 days sick leave to only one time for persons involuntarily
separated and who return to the classified service; 20) permit score banding on
promotional exams; 21) permit full list certification of all candidates who pass
promotional exams; 22) eliminate the option of requesting a third party hearing examiner.
ENDORSE
f. TMRS Options. The City supports legislation, supported by TMRS, which would either
enhance the current lump sum distribution option offered by TMRS or create a deferred
retirement option plan.
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Internal Investigations. The City opposes legislation which would create special
employment rights for any group of public employees who may be the subject of internal
investigations.
h. Mandated Job Protection. The City opposes legislation that would erode the
employment -at -will doctrine.
i. Nepotism. The City opposes legislation that would invalidate any city nepotism policies.
SECTION 11. ECONOMIC DEVELOPMENT
PRIORITY
a. Military. The City supports continued funding and legislative support of the Texas
Strategic Military Planning Commission.
b. Spaceport. The City supports efforts to procure the Spaceport for South Texas.
ACTIVELY SUPPORT
c. Economic Development Authority. The City opposes Legislation which would erode
municipal economic development authority.
d. Child Care. The City supports increased, sustained State funding for child care.
ENDORSE
e. Executive Sessions. The City supports legislation to permit a governing body to discuss
economic development incentives in executive session.
f. Proprietary Information. The City supports legislation to assure that proprietary
information provided during the economic development application process be
confidential under law.
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g.
Waiver of Agricultural Rebate. The City supports legislation which would allow a city
the option of waiving the payment of three years of recalculated property taxes when
agricultural land is converted to a different use.
h. Rail Policy. The City supports development of a rail policy to protect our citizens from
monopoly railroads.
i. Workforce Development. The City supports local control over employment training
programs, continuation of Smart Job training grants and the Skills Development Fund,
and State funding for adult literacy programs.
SECTION 12. EFFICIENT ADMINISTRATION
ENDORSE
a. Open Meetings Act. The City supports legislation clearly exempting from the Open
Meetings Act attendance by a quorum at public community events, and clarifying
restrictions on meetings in less than a quorum. The City opposes making the Act more
restrictive.
b. Open Records Act. The City supports legislation which would change the date by
which requested information must be released after receiving a decision from the
Attorney General from 10 calendar days to 15 business days, and to change the date to
file suit challenging a decision of the Attorney General from 10 calendar days to 15
business days from receiving the decision.
c. Municipal Court Fees. Repeal the statute imposing a court fee on any person who seeks
to pay a fine over time rather than immediately; or if that fails, legislation that would
clarify the statute by: 1) defining "immediately," and 2) stating whether the fee is to be
collected per offense or per defendant.
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ATTE T:
ARMANDO CHAPA, City Secretary
L L. N L JR. Mayor
yor
THE CITY OF CORPUS CHRI',
APPROVED THIS THE )3 DAY OF Og, fa tete— , 1998:
JAMES R. BRAY, JR., CITY ATTORNEY
1_�,L
r
Corpus
Christi, Texas
4111 day of CCIt b(JcJ
, 1998
The above resolution was passed by the following vote:
Samuel L. Neal Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
ADr. David McNichols (2 fl
023471