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HomeMy WebLinkAbout027083 RES - 12/12/20061 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM FOR THE EIGHTIETH SESSION OF THE LEGISLATURE OF THE STATE OF TEXAS. WHEREAS, the 80th Session of the Texas Legislature convenes in January 2007; WHEREAS, the Texas Legislature will consider many measures that may effect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for the City's 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 City of Corpus Christi Legislative Program, 80th Legislative Session. which is attached to and incorporated into this resolution. SECTION 2. The 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 C OF COR S CHRISTI of Armando Chapa ' Garre City Secretary Mayor APPROVED: 6r" day of December, 2006. ,__._1 R. J ( ning First Assistant City Attorney For City Attorney R66301A1 DOC, 027083 Corpus Christi, Texas of Dt (WV j1' , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott R66301A1.DOC C 2 7O c0 2 CITY OF CORPUS CHRISTI Legislative Program 80th Legislative Session December 2006 INTRODUCTION Prior to the commencement of each legislative 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 legislative session (2005), there were more than 5,300 bills introduced, almost 1,400 actually passed, with over 1,200 of the bills City - related, of which 105 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 last few legislative sessions, the City of Corpus Christi, with the support of our local legislative delegation, has had very 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 80t" legislative session will undoubtedly consider many issues that are extremely complex, many of which will be detrimental to cities. The entire session's outlook appears bleak at this time with a large number of anti -city bills already pre - filed. During the upcoming session we anticipate attacks on a number of city programs ranging from annexation to the use of red light cameras. In addition, we anticipate this session to have major water legislation to be filed, much of which could be detrimental to cities such as Corpus Christi that have adequately planned, made preparation for, and paid for water resources sufficient to serve our citizens. As in the past, the City anticipates working very closely with our legislative delegation. In addition, we will continue to work with the Texas Municipal League (TML) as well as the very active legislative lobbying group of the 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 overall legislative effort. The communication of this legislative program is carried out on a day -to -day basis 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 Attorney, members of her Office, and departments heads 2 are called upon to testify in Austin and in Washington, on a case by case basis. 3 I. GENERAL POLICY AND PROCEDURES a. The City will support legislation and administrative actions that: Will protect and enhance City revenues. 2. Reduce costs to the City. 3. Provide for more local control. 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 - govemment. 2, Result in the Toss of revenue growth to the City. 3. Diminish the authority of cities to regulate and manage their growth and development. 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. 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 4 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, committee members, and administrative agencies or to others by the Mayor, the City Manager, the Special Assistant to the City Manager, other 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 provide assistance to those political jurisdictions. The city will support the legislative program of the Texas Municipal League, except to the extent it conflicts with any policy herein. 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. in this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: 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. 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 actively pursue the issue. 5 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 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. State Hotel Tax for Beach Maintenance. The City supports legislation which would provide State hotel tax funding for beach maintenance. ACTIVELY SUPPORT 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. Municipal Court Costs. The City opposes additional State or County fees or court costs on municipal courts. h. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. 6 in 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 challenge such water supply or water rights or the City's ability to expand such supply or rights. 2 Desal Projects. The City supports legislation to provide special set -aside funding for desalination programs and projects. 3. Aquifer Storage and Recharge. The City strongly supports the ability of cities to form and operate aquifer storage and recharge districts under recently passed water conservation legislation. 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 level and availability of state transportation funding for construction and maintenance. City Streets /Maintenance. Maintenance of City streets throughout the State is chronically under funded The City strongly supports legislation which would allow cities to have additional local revenue sources specifically earmarked for street maintenance, 7 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. 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. Building Codes. 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. i. Redemption Periods. The City supports a further reduction in the redemption period for tax foreclosed properties in order that a more aggressive infill redevelopment program may be established. ENDORSE j. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions and to provide flexibility to cities to undertake and contract for alcoholic beverage sales in city -owned facilities. k. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes 8 V. CHILDREN AND YOUTH ACTIVELY ENDORSE 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. 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. 9 VI. 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 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 legislative 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 Del Mar. d. Dropout Prevention. The City strongly supports legislation to address problems inherent and endemic both causal and reflective of our area's high dropout rate. 10 VII. PUBLIC SAFETY AND HEALTH PRIORITY a. Emergency Service District. The City supports legislation permitting 1/8¢ over 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 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 Prevention district so that City sales taxes are administered consistently. Court of Record. The City supports legislation that would allow the municipal court to become a court of record, thereby making the court much more viable. ACTIVELY SUPPORT e. Photographic Traffic Signal Enforcement: The City opposes legislation that would prohibit or hamper cities effectively employing photographic traffic signal enforcement. f. 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. g. 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 h. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. 11 VIII. UTILITIES PRIORITY a. Compensation for Right -of -Way Use by Utilities. The City strongly supports the ability of a city on behalf of its citizens to be adequately compensated for the use of city lands and right -of -ways by utilities. b. Right-of-Way Control. The City opposes legislation that would erode the authority of cities to manage and control their rights -of -way and other public property. c. Video/Cable Regulation. The City opposed the ability of a video /cable operator to cancel existing franchise agreements and supports an adequate compensation for the use of city rights -of -way as well as local oversight of video /cable with regard to quality and customer service. d. Solid Waste. The City opposes any legislation that would negatively affect the financial viability of municipally owned and operated solid waste collection and disposal facilities. e. WiFi. The city opposes any legislation that prohibits or obstructs the ability of a city to provide WiFi and /or contract for its citizens. 12 IX. ENVIRONMENT PRIORITY 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. d. Parks and Recreation Funding. The City strongly supports increased funding for the Texas Recreation and Parks Account Local Park Grant Program. ACTIVELY SUPPORT 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. 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. 13 X. PERSONNEL Reserved ACTIVELY SUPPORT 14 XI. ECONOMIC DEVELOPMENT PRIORITY a. Military. The City supports continued funding and legislative 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 4B of the Development Corporation Act to provide greater local flexibility in presenting projects to the voters individually or combined. c. Economic Development Areas. The City strongly supports legislative initiative to provide stronger and more powerful economic development tools for local, State or Federally created or designated Economic Development Areas. ACTIVELY SUPPORT d. Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. e. Childcare. The City supports increased, sustained State funding for childcare. f. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. g. ENDORSE 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. 15 XII. EFFICIENT ADMINISTRATION 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 attorney general's suit. d. Notification of Delinquent Amounts 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 recover 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 that would 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 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 Tess than a quorum. The City opposes making the Act more restrictive. 16 FEDERAL LEGISLATION /ACTION A. CDBG /HOME Funding. The City has found Federal funding of the 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. B. Diversion to State. The City supports direct Federal funding of programs to cities and generally opposes funding to cities being routed through State government. Homeland Security. Due to greatly increased costs of local security activities, the City supports continued and increased direct Federal funding of homeland security to cities. Military. The city strongly supports legislation /funding /actions to maintain our local areas' military facilities as one of the City's highest priorities. 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, RTA and the Port in their efforts to secure favorable legislation and /or funding. Protection of Right of Way Fees and Authority. The City strongly supports its traditional authority to charge rental value to private 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. 17