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HomeMy WebLinkAboutResolution - 6086 - Approves 1999 State Legislative Package - 10_22_1998Resolution No. 6086 Item No. 51 October 22, 1998 RESOLUTION WHEREAS the Legislature of the State of Texas will convene on January 12, 1999 for the 76's regular session; and WHEREAS during the course of the session numerous issues will be presented to the Legislature that will affect the City of Lubbock; and WHEREAS City staff has developed a comprehensive package which outlines legislative initiatives, and is now recommended to be undertaken on behalf of the City; and WHEREAS the Texas Municipal League has also developed a legislative package for the upcoming session, certain portions of which have been included in the City's proposed 1999 legislative program; and WF�REAS the City of Lubbock recommends the adoption of the official 1999 State Legislative Program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1999 State Legislative Package attached hereto is hereby approved and adopted as the official 1999 State Legislative Program of the City of Lubbock. As certain significant issues arise during the course of the session, additional resolutions may be presented to the City Council stating the City's position on particular legislation. The State Legislative Program will then be amended to include any subsequent resolutions adopted by City Council. Passed by the City Council this 22nd da robe 19 Y SITT R ST: I i)A -A E%. Darnell, City Secretary APPROVED AS TO CONTENT: Ron Lewis, Assistant to the City Manager APPROVED AS TO eI First Assistant City Attorney SwUmbw 2.IM Resolution No. 6086 Item No. 51 October 22, 1998 City of Lubbock 1999 Legislative Package ITEM 51 City of Lubbock: 1999 Legislative Proposals October 22, 1998 Seek Introduction and Passage: • Defense Adjustment Funding for Military Base Closure Cities • Flood Control - Playa Lake ETJ regulation • Lake Alan Henry - Sam Wahl Recreation Area development authority • Emergency or "Rainy Day" Economic Development Funding • Citizens' Rights Issue - Clarification of Dissolution Provisions of E.D.C. • Designation of Lubbock as "The Music Crossroads of Texas" Support: • Allow Multiple Site Testing for Police Recruits (Police Chiefs/TML) • Hotel -Motel Tax exemption at point of purchase (TML) • Reduction of Municipal Court User Fees (TML) • Escheatment Process simplification • Funding for essential Public Health - Monitoring of House Concurrent Resolution 44 • Uniform Municipal Courts of Record Act • Lubbock Reese Re -use Authority "Clean-up" Legislation Oppose: • Electric Restructuring limiting LP&L's ability to compete • Erosion of local control for Franchise Agreement for Telecommunications Utilities and the use of the public right-of-way • Erosion of local control of Personnel Issues relating to Police and Fire (Police/Fire Chiefs' Association) Omnibus: • Omnibus Legislative Policy ,b,W,ud,.d6c Introduce and Seek Passage City of Lubbock Legislative Position Statement 1998 Contact., Business Development Kevin G. Walker 775.2980 Proposal The Lubbock Reese Re -use Authority (LRRA) is seeking an additional appropriation of $20 + million for the next biennium to continue the Defense Economic Adjustment Assistance (DEAAG) program. This is already under consideration by both Texas Department of Economic Development (TDED) and key legislators. While supporting another appropriation, LRRA and the City could build a coalition of other defense impacted communities, to expand the uses of DEAAG funds. Position Seek Introduction and Passage Background Funds were appropriated by the State Legislature for assistance to defense impacted communities through TDED. The appropriation for this biennium was $20 million in the DEAAG program. The DEAAG program specifically prohibits the use of the grant funds for Operations and Maintenance. The funds are for "bricks & mortar" and also for job creation and leverage of federal funds. Lubbock has successfully been the beneficiary of $6.083 million in grants, including $2 million for building renovations and $2 million for the purchase of equipment for the Texas Tech Institute of Environmental and Human Health, $2 million for the Mesonet project, and $83,500 for SPAG's small business revolving loan fund. Lubbock continues to use money from the DEAAG program to leverage additional funding through federal grants. Lubbock and the LRRA see other opportunities for the development of Reese Center with additional defense adjustment appropriations. Financial Impact Unknown Additional Information City of Lubbock Legislative Position Statement 1998 Contact: Director of Transportation Services Mildred Cox City Engineer Larry Hertel 775-2329 Proposal Support legislation which would allow the City of Lubbock to reduce the risk of flooding by controlling fill that may be placed in playa lake areas within a City's extra- territorial jurisdiction, or ETJ. Position Seek Introduction and Passage Background Playa lakes are an integral part of the drainage system on the plains of West Texas. This area is dependent on the playa lakes for surface drainage and flood control. Although not a widespread problem, fill has been placed in several playa lakes within Lubbock's ETJ. One small playa lake only a few hundred feet outside the city limits has been completely filled. Filling of a playa lake reduces it's holding capacity for stormwater, which can result in higher water surface elevations. If a playa lake should overflow, which many do, the reduced holding capacity results in more volume of stormwater draining to properties downstream. The reduced holding capacity will cause the overflow to occur sooner in the storm event with a probable higher rate of runoff. The City of Lubbock has the following two concerns: 1. These playa lake areas which are already affected by fill, or which may be filled in the future, could possibly come into the City in the future through annexation. At that time, the City will have to address the problems associated with the fill which could include mitigation of the, problem through excavation and disposal of the filled material. It is certainly possible that the citizens of Lubbock may have to.pay the expenses of this mitigation. 2. There are dozens of playa lakes that are currently outside the city limits, but within the City's ETJ, which are in drainage systems that would overflow into the City. Fill in these playa lakes will result in more runoff and at a higher rate of discharge into the City's drainage system. Maintaining the holding capacity of these playa lakes is critical to drainage and flood control needs of the Lubbock area. This proposed legislation is not intended to impact normal agricultural operations. Dumping of imported material in a playa lake area is not consistent with normal farming operations. It is our belief that most farmers in this area would recognize the benefit of maintaining the holding capacity of the playa lake on their land. Of probably most importance to the farmer is the knowledge that runoff not stored in the playa lake could cause flooding problems in other areas - on either their land or their neighbor's land. Research of existing law or regulations have not indicated a sufficient means to control fill of playa lakes. Trash or rubbish could probably fall under some existing solid waste or health regulations but dirt or certain other materials would probably not be covered.. Likewise, regulatory control over fill operations by the Corps of Engineers in wetland areas would not provide adequate protection. The Corps would only have wetland control in their area of jurisdiction. Typically, the wetland delineation in a playa lake is a very small area so that fill could continue to be placed in the playa lake, but outside the wetland delineation. In any case, a determination would have to be made on a case by case basis of how much, if any, of the playa lake area is within the Corp's area of jurisdiction. Providing legislation for the City to control filling of playa lakes within it's ETJ will assist the City in managing the stormwater system in reducing the risk of flooding. The City would be able to address the fill in these lake areas as they occur without having to depend on federal or state agencies with very limited authority in dealing with this issue. Financial Impact As previously stated, mitigation costs could occur in removing fill from playa lakes. Legal costs could be incurred by the City or it's citizens if flood damages could be traced to upstream playa lakes which have been filled. Of most concern would likely be the costs associated with any flood damages which may be caused by fill in upstream playa lakes. Additional Information The intent of this proposed legislation is to reduce the risk of flooding by allowing the City to control any filling operation in a playa lake that would have an adverse effect on the drainage system of the city or it's ETJ. City of Lubbock Legislative Position Statement 1998 Contact: Proposal Seek to allow zoning and development within and upon those lands known as the "Sam Wahl Recreation Area" at Lake Alan Henry. Position Seek Introduction and Passage Background An addition to Section 231 of the Local Government code to allow the City of Lubbock and/or private developers to develop or defease the lands comprising the Sam Wahl Recreation Area. Financial Impact Unknown Additional Information City of Lubbock Legislative Position Statement 1998 Contact: Don Vandiver City Attorney Proposal Support legislation supplementing the Texas Emergency or "Rainy Day" Fund for utilization where exigent circumstances create economic concern. Position Seek Introduction and Passage Background The Emergency or "Rainy Day" fund created in the early 1990's has approximately $58.3 million for emergency assistance. The proposed legislation would create specific criteria for the utilization of this fund to assist in; (1) the retention of existing businesses; (2) prevent a reduction of jobs, and; (3) the creation of new job opportunities. The proposal would explore utilization of the fund in a manner.similar to the successful program that the Texas Department of Economic Development has implemented with regard to base closure cities. Financial Impact Unknown Additional Information City of Lubbock Legislative Position Statement 1998 Contact., Proposal Support legislation relating to a procedure for the dissolution of economic development corporations created pursuant to the provisions of Article 5190.6 (4)(13) of Vernon's Annotated Civil Statutes. Position Seek Introduction and Passage Background Support legislation that creates a procedure within the existing. statute to dissolve an economic development corporation and its supporting sales tax created pursuant to Section (4)(B) of Section 5190.6 of Vernon's Annotated Civil Statutes. Financial Impact Unknown Additional Information City of Lubbock Legislative Position Statement 1998 Contact: Proposal Seek legislation designating the City of Lubbock as "The Music Crossroads of Texas". Position Seek Introduction and Passage Background Seek legislation recognizing the influence of Lubbock and West Texas natives in the development of "Texas" music. Designate the City of Lubbock as "The Music Crossroads of Texas" noting the important role that artists from the South Plains area have had and continue to have on music in the State of Texas and across the United States. Financial Impact Unknown Additional Information Mayor Sitton and the Lubbock City Council are dedicated to the expansion of the music production industry in the City of Lubbock and throughout the State of Texas. The increasing popularity of Buddy Holly in the United States, as well as his international appeal, has drawn much attention to the City of Lubbock as a music mecca. The Mayor and City Council have used this positive exposure to create future opportunities to develop the music production industry. Support City of Lubbock Legislative Position Statement 1998 Contact., Proposal Support legislative efforts allowing for multiple testing sites for the recruitment of police officers. Position Support Background State law prohibits municipalities from giving police recruitment examinations at multiple sites. Currently, the City of Lubbock is limited to testing candidates at one facility in the City. Candidates from outside the City are required to absorb the cost of transportation, lodging, etc. for traveling to Lubbock for this test., This adversely impacts the City's ability to gain a larger testing pool. Amending the current law would allow the City of Lubbock to test candidates in several cities across the State at the same time resulting in a larger pool of candidates. A larger pool of candidates would assist the City in filling vacancies in the Lubbock Police Department. Financial Impact Unknown Additional Information This legislative effort is being led by the Police Chiefs Association. City of Lubbock Legislative Position Statement 1998 Contact. Director of Management Services Anna Mosqueda Proposal Revise Hotel/Motel Tax legislation as it pertains to State and Federal Employees to: (1) include Municipalities in the State, Federal and Local Employees exemption (2) Waive the tax at the point of purchase of the hotel room instead of requiring the exempted entities to pay the tax and seek reimbursement, as was the former practice. Position Support Background Currently, the Tax Code waives hotel/motel tax payments for Federal and State employees that are traveling and engagedin the course of official duties for the governmental entity if the entity pays the hotel directly for the price of the room. The City of Lubbock, as a municipality does not receive an exemption on this same tax when employees travel and are engaged in the course of official duties for the City. Please see Tax Code below: Section 156.103 of the Tax Code under Subchapter C states: 115156.103. Exception - State and Federal Government (a) Subject to this section, this chapter does not impose a tax on: (1) the United States, this state, or an agency, institution, board, or commission of this state other than an institution of higher education; (2) an officer or employee of a state governmental entity described by Subdivision 1 when traveling on or otherwise engaged in the course of official duties for the governmental entity ; or (3) an officer or employee of a state governmental entity of the United States when traveling on or otherwise engaged in the course of official duties for the governmental entity if the governmental entity directly pays to the hotel the price of the room. (b) A governmental entity otherwise excepted under this section shall pay the tax imposed by this chapter and is entitled to a refund of the amount of tax paid in accordance with Section 156.154." This legislative proposal is to allow municipal employees traveling on or otherwise engaged in the official duties of the municipality to be relieved of the tax in the same manner as State and Federal employees. Also, as the Tax Code indicates in 156.103 (b), State and Federal entities must pay the tax and then seek reimbursement from the state and from the municipality. The administration costs to write a check for reimbursement to each State and Federal employee as they seek reimbursement for hotel/motel taxes that have been paid could be easily alleviated by allowing a waiver of taxes at the hotel room check in/check out. Financial Impact Assuming hotel room rates of $50/night, the impact on the City is $6.50 per room per night for all hotel accommodations the City of Lubbock pays for each traveling employee. Taxes received include real revenues and refunds payable to State and Federal employees who have up to 2 years to apply for those refunds. Thus, revenue amounts, upon which decisions are made, may be subsequently reduced by refunds. Additional Information Staff supports waiving hotel/motel tax for municipal employees. Staff supports tax avoidance for exempted parties rather than to pay the tax and seek a refund from the State and the City at a later date. City of Lubbock Legislative Position Statement 1998 Contact: Director of Management Services Anna Mosqueda Proposal Reduce or modify state court (user) fees for establishing payment for municipal court violation. Consider percent of total fine with some type of cap. Establish method whereby one consolidated remittance can be made to the state for municipal court fees. Position Support Background Municipal Courts in Texas collect a number of fees for state funds. Generally the fees are imposed on persons convicted of any criminal offense and range from one dollar to one hundred dollars . For the majority of collection efforts, cities are allowed to keep some of the fine money and some or all of the interest earned as a reimbursement for costs incurred in the collection and remittance of of fees. State court costs adversely impact municipal courts because (1) state's court costs are complicated to administer and the amount cities are allowed to keep for their collection efforts are not sufficient to reimburse for bookkeeping and related administrative problems; (2) when setting an appropriate fine for an offense a judge must also consider that the defendant will also be paying state court costs; (3) when partial payments are made, the state court costs must be paid first before the city can keep any, of the fine. This requires cities to do all the up front work of collecting, but cannot keep any money until state court costs have been met. There is a history of state lawmakers viewing municipal court costs as a method for funding various state programs, with cities bearing the cost and responsibility for collection. In 1997, several bills were passed increasing state court fees, one in particular required various courts to collect a $25 dollar per violation fee from any person who elects to pay a fine, court costs or restitution over a period of time rather than immediately. The municipal court sends 50 % to the state monthly, keeps 50 % with 10 % of this amount to be spent for improving the efficiency of the administration of justice in the city. Although we will continue to monitor, this appears to be having the effect of reducing municipal court revenues. Revenues are forfeited because those who'cannot pay their fine up front choose not to pay at all rather than pay the fine plus the user fee or they are elect to set trail dates which creates a even greater back log problem. Financial Impact Significant savings could be achieved if bookkeeping and administration of remittances to the state could be consolidated; also if cities are to be responsible for all the bookkeeping and administration they need to be able to retain a proportionate share . We will evaluate collections specifically for Lubbock, however a statewide survey showed that in 1987 cities retained approximately 83 % with 17 % remitted to state; and, by 1991 cities kept 76 % with 24 % going to state. Additional Information City of Lubbock Legislative Position Statement 1998 Contact: Director of Management Services Anna Mosqueda Proposal Revise legislation governing escheatment process for municipalities. Position Support Background Current law does not require cities to escheat (revert to or return because owner cannot be located or identified) anything under $100 back to the state. However, cities must advertise anything between $50 and $100 in value. Legal notices are expensive and costs are not recovered by the value of the property. Financial Impact One ad in the A-J (3 column by approx. 5 inches) is approximately $700. Depending on the number of items to be advertised and the number of times the ad is required to run the cost of advertising is generally more the and amount recovered by the value of the property. Additional Information City of Lubbock Legislative Position Statement 1998 Contact. Director of Health & Community Services Doug Goodman Position Support Proposal Representative, Dianne White Delisi, R-Temple and Vice Chairman of the House Committee on Appropriations, sponsored House Concurrent Resolution 44 which brought together several groups to study public health. The organization is supposed to come back with recommendations and legislation to resolve the disparities and uncertainties in public health infrastructure, funding, definitions and roles and responsibilities. We need to follow the legislation as it effects the City of Lubbock. Background There are four committees working on this problem with one committee responsible for developing Model Legislation/Financing. Questions being asked (not complete list) consist of: 1. Should definitions and/or lists of "essential public health services" be codified into state law? 2. Should the State of Texas make it policy that every resident of Texas is entitled to essential public health services? 3. Which level of government - state, local, or both/shared - should have the ultimate responsibility for the essential public health services? 4. How should essential public health services be delivered in areas where there are city and county health departments with overlapping geographic and political jurisdictions? Financial Impact The committee is researching options in providing funds to pay for essential public health services. One option discussed is the tobacco settlement. Could bring funds to the City of Lubbock to pay for existing services and/or be used to expand services. City could look at forming a City -County Health District or a multi-city/county health district. Additional Information The legislation is to be submitted in December. At this time, we must monitor and wait until the legislation is submitted before we can determine if we are for or against the proposal. City of Lubbock Legislative Position Statement 1998 Contact: Judge Jan Blacklock Matthews and Judge Robert A. Doty Proposal Support legislation amending the "Uniform Municipal Courts of Record Act" Sections 2, 5, 7, 10, 13, and 14. Position Support Background Support legislative efforts to amending the Uniform Municipal Courts of Record Act creating more consistency in the law. Financial Impact Reduction of administrative costs. Additional Information City of Lubbock Legislative Position Statement 1998 Contact: Proposal Support the Lubbock Reese Re -Use Authority's (LRRA) legislative efforts to: 1) clean- up language to correct property descriptions; 2) clean-up language regarding board appointments; and 3) extending the Joint Airport Zoning Board. Position Support Background LRRA is seeking clean-up language to several pieces of legislation from the 75' Texas Legislature. These efforts include allowing the LRRA to stagger board appointments and extending the Joint Airport Zoning Board to provide height limitations on new construction in surrounding areas. Financial Impact Unknown Oppose City of Lubbock Legislative Position Statement 1998 Contact: Proposal Monitor legislation that offers a choice to consumers through local control of utility rates and support competition that offers fair choices to consumers and equitable benefits to all classes of electric customers. Position Oppose Background The City of Lubbock recognizes that major changes are underway in the electric utility industry. However, public power systems in Texas have specific concerns about proposals for retail deregulation. Consumer Choice and Equity: (1) electric consumers of all types and sizes are entitled to fair choices and equitable benefits from any restructuring of the industry; (2) the City of Lubbock shares the concerns of many parties that retail deregulation could mean unequal access to energy services and affordable electricity. Large industrial and commercial customers with market power may receive the greatest benefits to the detriment of small residential and business customers. Reliability: (1) reliable electric service must be assured in any competitive market. Municipal Financial Integrity: (1) proposals to restructure the electric utility industry must protect the financial integrity of municipalities; (2) investments made by municipal electric utilities to serve existing retail customers must be fully recovered. Market Issues: (1) a healthy wholesale market for electricity is important and allows all customers to benefit from competition, (2) truly competitive electric markets must not be dominated by a handful of powerful competitors. Local Control: (1) public power systems are community -owned, locally controlled, and have a proven record of low electric rates and quality service; (2) additional state regulation of public power is not necessary. Financial Impact Unknown Additional Information Any deregulation or restructuring of the electric industry must address the concerns outlined above and must provide protections for municipal utility consumers and their cities. Those protections are best provided by continuing the successful system of local control for municipal electric utilities. City of Lubbock Legislative Position Statement 1998 Contact: Proposal Oppose legislation resulting in the erosion of local control of "Franchise Agreements for Telecommunications Utilities" and the use of the public right-of-way. Position Oppose Background The City of Lubbock opposes any legislation that would have a negative impact on local control of Municipal Franchise Agreements for Telecommunications Utilities. More restrictive measures may result in a decrease of the City's control over the use of utility easements thus adversely affecting the public and the public right-of-way. Financial Impact Unknown Additional Information City of Lubbock Legislative Position Statement 1998 Contact., Fire Chief Steve Hailey 775-2630 Proposal The "Meet and Confer" issue will probably be submitted again by the Police and Fire Fighters Unions. Last session's language was very permissive and hard to argue against, however, this legislation could lead to collective bargaining. Position Oppose Background The intent of this legislation is to allow changes to be made, at the local level, in Chapter 143, that would normally take an act of the Legislature. The language sounds good at first, but City officials are opposed for two main reasons. The first is that this legislation would require the City to officially recognize the Union as a bargaining agent. The second reason is that this would be an opening that could eventually lead to binding collective bargaining. Financial Impact If this legislation were to be passed, the financial impact would probably be minimal at first, but it would have the potential to have a much larger impact later. Additional Information Omnibus City of Lubbock Legislative Position Statement 1998 Contact. Proposal Omnibus Legislative Policy - Historically, a small part of the City's legislative efforts have been devoted to padding beneficial bills that will enable Home Rule cities to better perform their functions. An exhaustive effort has been expended on preventing passage of detrimental bills. In many cases, these bills are attempts to bypass City Council and taxpayers, or to change the fundamental authority granted to municipalities. Position Support/Oppose (as appropriate) Background Due the large number of bills introduced and the fast pace of the legislative process, it is always practical for the City Council to consider and adopt formal statements of policy on each piece of proposed legislation. Therefore, the City of Lubbock will support legislation that will benefit the City and oppose all bills that meet one or more of the following criteria: 1. Undermine the principles of Home Rule and local self-government. 2. Mandate increased costs to cities, including environmental mandates and state unfunded mandates; 3. Result in the loss of revenue to cities or changes the authority of the city to generate revenue; 4. Result in diminishing the fundamental authority of cities in a manner consistent with the best interest and the health, safety, and welfare of the general public. Financial Impact The adverse impact of each detrimental bill must be determined separately. Additional Information This policy will assist the City's consultants in expediting measures to defeat detrimental legislation.