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HomeMy WebLinkAbout026045 RES - 12/14/2004 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM FOR THE SEVENTY-NINTH LEGISLATIVE SESSION FOR THE ST ATE OF TEXAS. WHEREAS, the 79th Texas Legislature convenes in January 2005; and WHEREAS, the Texas Legislature will consider many measures that may affect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for the City officers and representatives in conducting the City's legislative efforts and relations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the Legislative Program, which is attached to and incorporated into this resolution. SECTION 2. This Legislative Program remains in effect until amended by the City Council. SECTION 3. The City Manager is directed to distribute this Legislative Program to the local legislative delegation and solicit their advice and support. ATTEST: THE CITY OF CORPUS CHRISTI ~ ~--.-4 ~~ Samuel L. Neal, Jr. Mayor Armando Chapa City Secretary APPROVED: /51;' day of /Uve~ l!~~y ~jic/'~~ City Attorney ,2004. Reso 4 Legislative Program\MKF.lla Il?Rf)1:1 _ J. . Corpus Christi, Texas /41<- of / 1 QE1~'-.....e,,-- ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. LLJ~ Brent Chesney L~,{~.I i ,--1-- Javier D. Colmenero {~c Melody Cooper {~z.. Henry Garrett , LU;;y Bill Kelly L~~ Rex A. Kinnison 'V6-<LhJ- Jesse Noyola C~r Mark Scott C~jL- Reso 4 Legislative Program\MKF.lla ()2hn4~ CITY OF CORPUS CHRISTI Corpus Christi ***** AI-AmedcaCIIV , , . 2003 Legislative Program 79th Legislative Session including Federal Legislation November 2004 INTRODUCTION Prior to the commencement of each legislatiye session, the City of Corpus Christi staff, working with input from the City Council, other local interests, Texas Municipal League, and other cities, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities during the 140 days of the State legislative session. In each legislative session, the number of bills that are introduced is massive. For example, in the last regular legislatiye session (2003), there were 5,754 bills introduced, 1,403 actually passed, with Oyer 1 ,200 of the bills City-related, of which approximately 110 passed. Unfortunately a large percentage of the efforts by cities are necessarily directed at simply stopping bad pieces of legislation which would negatively affect cities. Over the past few legislative sessions, the City of Corpus Christi, with the tremendous support and action of our local legislative delegation, has had yery good success in not only stopping bad bills which would negatively impact us, but also in the passage of legislation which very positively affects us. The upcoming 79'" legislative session will undoubtedly consider many issues that are detrimental to cities and will be extremely complex. The entire session's outlook is overshadowed by the State's need to restructure public education. As in the past, the City anticipates working yery closely with our legislatiye delegation. In addition, we will continue to work with the Texas Municipal League (TML) as well as the yery active legislatiYe lobbying group of the eight largest cities (this latter group meets once a week during the legislative session with TML staff to coordinate action.) The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of policies and procedures. A separate section of Federal legislation issues is included at the end of the program and is considered to be a part of our oyeralllegislatiye effort. The communication ofthis legislatiYe program is carried out on a day-to-daybasis by the Special Assistant to the City Manager and the City's legislative liaison group, under the general direction of the City Manager after approval of the program by the City Council. The Mayor and City Council Members, as well as members of City staff including the Police and Fire Chiefs, the City Attomey, members of the her Office, and departments heads are called upon to testify in Austin and in Washington, on a case by case basis. 1 I. GENERAL POLICY AND PROCEDURES a. The City will support legislation and administratiye 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 the loss of revenue growth to the City. 3. Diminish the authority of cities to regulate and manage their growth and deyelopment. 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. 7. In any way endangers, nullifies, or transfers any of the City's water rights. ~. 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 goyernmental framework shall be submitted to the City Manager for reyiew prior to consideration by the City Council. 2 f. The legislative or administratiye positions herein approved, and others separately approyed 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 legislatiYe committees, committee members, and administrative agencies or to others by members of the City Council, the City Manager, staff persons, legislative liaisons and others designated by the City Manager. g. Where possible and where there is a commonality of interest. the City will coordinate its legislative and administrative program with other political jurisdictions in the region and proYide assistance to those political jurisdictions. h. The city will support the legislatiye program ofthe Texas Municipal League, except to the extent it conflicts with any policy herein. i. 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 consistent with the necessarily broad policy concerns set forth in this policy. j. 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 actiyely pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. 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). 3. Endorse means that the City will make its (support or opposition) known, but will not actiyely pursue the issue. 3 II. 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, and any measure which would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights-of-way, Franchise fees are essential to continuation of basic services. A yote to reduce franchise fees would be a yote 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 priyate purposes. b. State Hotel Tax for Beach Maintenance. The City supports legislation which would proYide State hotel tax funding for beach maintenance. ACTIVELY SUPPORT c. 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. d. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. e. Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity provisions in public works contracts. f. Mandated Fees. The City opposes legislation which would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would be clearly dedicated for programs beneficial to the City. ENDORSE g. Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal or appeal of an appraisal of a specific property. h. 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 receiye the proper amount of reyenue, The City opposes additional State or County fees or court costs on municipal courts. i. Sale otTo: Liens. The City supports legislation to authorize cities to sell tax liens, 4 III. ESSENTIAL INFRASTRUCTURE PRIORITY a. Water. 1. Protection of Water Rights. As its highest priority, 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 chalenge such water supply or water rights or the City's ability to expand such supply or rights, 2. Desai Projects. The City supports legislation to provide special set-aside funding for desalination programs and projects. 3. Free Market in Water. The City strongly supports legislation that would remOye barriers to a free market between willing sellers and buyers of water and water rights, subject to applicable laws for protection of the environment, and strongly opposes legislation that would create new barriers. 4. Water Conservation Districts a. The City supports legislation to establish a Ground Water Conservation District encompassing the entire City limits and possibly the entire County. b. The City supports correcting legislation removing portions of Nueces County from previously authorized Ground Water Conservation Districts. ACTIVELY SUPPORT b. Transportation. 1. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. 2. Funding for Construction and Maintenance. The City supports legislation that would increase the leyel and ayailability of state transportation funding for construction and maintenance. c. City Streets/Maintenance. Maintenance of City streets throughout the State is chronically under funded. The City strongly supports legislation which would allow cities to haye additional local reyenue sources specifically earmarked for street maintenance. 5 IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITY a. Development The City strongly opposes legislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. b. Regulation of Location of Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. c. Annexation Authority. The City opposes legislation that would erode current annexation authority. ACTIVELY SUPPORT d. Affordable Housing. The City supports affordable housing initiatives that do not undermine the City's regulatory authority to protect the public health, safety, and welfare. e. BuildingCodes. The City supports 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. Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. g. Condemnation Authority. The City opposes legislation that would erode condemnation authority. h. Dune Protection. The City supports city administered dune protection within a city'S limits and ETJ. ENDORSE i. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beyerage sales and consumptions and to provide flexibility to cities to undertake and contract for alcoholic beyerage sales in city-owned facilities. m. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. 6 v. CHILDREN AND YOUTH PRIORITY a. 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 ENDORSE b. CHIPS funding. The City supports expansion of the Children's Health Insurance Program to the greatest extent possible so that no child is left uninsured. 7 VI. EDUCATION PRIORITY a. Higher Education. The City supports legislation to adyance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M University-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 and expansion of the District to adequately reflect its service area. b. Support of Local School Districts. In general, the City supports the legislatiye programs of local school districts leading to enhancement of educational opportunities for citizens of Corpus Christi. c. Support for Job and Vocational Training. The City strongly supports the continuation and expansion of the Skills Development Fund. In addition, the City supports the efforts at skill training in our public schools as well as programs at DelMar. d. Dropout Prevention. The City strongly supports legislation to address problems inherent and endemic both causal and reflectiye of our area's high dropout rate. 8 VII. PUBLIC SAFETY AND HEALTH PRIORITY a. Emergency Service District The City supports legislation permitting 1/81t oyer the 2~ local Sales Tax cap for Emergency Service Districts. b. Child Safety Registration Fee. The City supports legislation to amend current law to increase the optional vehicle registration fee for child safety from $1.50 to $3.00 and to allow cities to impose the fee. c. Crime or Emergency Service District. The City supports changing the statute to use the City sales tax base for a City-created Crime or Fire Control and Preyention district so that City sales taxes are administered consistently. ACTIVELY SUPPORT d. Photographic Traffic Signal Enforcement: The City supports legislation that would allow cities to effectively employ photographic traffic signal enforcement. e. 911 Emergency Service Systems. The City opposes legislation that would hinder the City's operation of its 911 system, which would inequitably affect the Corpus Christi area on 911 funding, or which would limit its ability to charge a fee for 911 services. f. Court Appearance. The City strongly opposes any effort to allow a defendant to waive their personal appearance at a Municipal Court Trial other than those who also waive their right to a jury trial. OPPOSE g. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. h. Regulation of Scooters. The City opposed legislation that would erode the authority of a City to regulate scooters. 9 VIII. UTILITIES PRIORIlY a. Electric Industry Deregulation. The City supports continued electric industry deregulation legislation but only if it (1) fully preserves municipal authority over rights-ot-way or other public property and (2) fully preserves municipal authority to impose a right-ot-way tee that: (a) equal to that received prior to competition (b) increases with growth; (c) ensures that all citizens will benefit through lower rates; (d) 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; (e) allows cities to serve as aggregators; (f) provides checks and balances against concentration ot market power through takeoyers, mergers, acquisitions, or other means; (g) 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; (h) holds a city harmless oyer time vis-a- vis revenue. 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 . c. Line Counts. If the Public Utility Commission does not adopt a rule governing authorized review to verify access line counts, the City supports legislation that would: (1) require such a rule to be adopted by a certain time; or (2) require telecommunications providers to submit to an independent, verifiable audit of access lines. d. Access Lines. If the Public Utility Commission does not act to broaden the current definition of "access line" to incorporate new services as they arise, the City supports legislation to revise the definition to ensure that cities receiye adequate and consistent compensation when new services are offered by telecommunications providers. ACTIVELY SUPPORT e. 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) leyy 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. f. Wireless Local Area Networks (LAN). The City supports legislation that clarifies the ability of a City to provide LANs for its citizens. 10 IX. ENVIRONMENT PRIORITY a. 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. b. National Estuary Program. The City of Corpus Christi actively supports State funding of the local National Estuary Program. It is an important priority that the program continue to be funded, possibly at an elevated level. c. Regional Water Planning. The City supports continued funding of regional water planning. ACTIVELY SUPPORT d. Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and deyelopment. e. Beach Cleaning. The City supports full State funding of the beach cleaning program. f. 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. g. 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. h. Solid Waste. The City supports legislation that would enhance its ability to maintain adequate funding for the operation of its present and. future landfills or that would strengthen city authority over landfill operations, and the City opposes legislation that would undermine adequate funding of city landfills, impose regulations more stringent than federal law, or erode city authority over landfill operations. 11 X. PERSONNEL ACTIVELY SUPPORT Reserved 12 XI. ECONOMIC DEVELOPMENT PRIORITY a. Military. The City supports continued funding and legislatiye support of the Texas Strategic Military Planning Commission and other efforts to preserve existing military bases in Texas. b. Ballot Language for Economic Development Sales Tax. The City supports amendment of Sections 4A and 48 ofthe Deyelopment Corporation Act to proYide greater local flexibility in presenting projects to the voters individually or combined. c. Economic DevelopmentAreas. The City strongly supports legislative initiative to provide stronger and more powerful economic development tools for local, State or Federally created or designated Economic Deyelopment Areas. ACTIVELY SUPPORT d. Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. e. Child Care. The City supports increased, sustained State funding for child care. f. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improyed access to electronic information. g. E-Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local goyernment's ability to collect sales tax on commerce over the Internet. ENDORSE g. 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. 13 XII. EFFICIENT ADMINISTRATION PRIORITY ACTIVELY SUPPORT a. Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. b. Property Tax Exemption. The City opposes legislation that would enact a property tax exemption that would shift the burden to other taxpayers and that would be a substantial erosion of the tax base, c. Delinquent Sales Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attomey general's suit. d. Notificationof DelinquentAmounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. e. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to rate case and complaint dockets within a reasonable time and require utilities to recoyer rate case expenses out of stockholders' equity when a rate case is found to be unjustified. f. Water or Wastewater Permittees Fees. The City opposes legislation thatwould increase fees paid by water or wastewater permittees. g. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligations outside of economic development. ENDORSE h. Open MeetingsAct 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 restrictiye. 14 FEDERAL LEGiSLATION/ACTION A. Packery Channel. The City strongly supports legislation/action to continue the North Padre Island Storm Damage Reduction and EnYironmental Retention Project to its completion. B. CDBGIHOMEFundlng. The City has found Federal funding ofthe CDBG and HOME Program to be essential to the continued wellbeing and revitalization of the City. Therefore, the City strongly supports continued and increased funding for the programs. C. Diversion to State. The City supports direct Federal funding of programs to cities and generally opposes funding to cities being routed through State goyernment. D. Homeland Security. Due to greatly increased costs of local security actiYities, the City supports continued and increased direct Federal funding of homeland security to cities, E Military. The city strongly supports legislation/funding/actionsto maintain our local areas' military facilities as one of the City's highest priorities. F. Coordination with Local Agencies. Whenever possible and particularly where there is a commonality of interest, the City will support local agencies or units such as the County, RT A and the Port in their efforts to secure fayorable leg islation and/or funding. G. Protection of Right of Way Fees and Authority. The City strongly supports its traditional authority to charge rental yalue to priyate companies for the use of valuable public rights of way, and to reasonably regulate the rights of way for the benefit of the public. The City strongly opposes any dilution of its traditional authority. 15