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R2017-003 2017-01-09 RESOLUTION NO. R2017-3 A Resolution of the City Council of the City of Pearland, Texas, adopting a State Legislative Agenda for the 85th Session of the Texas Legislature. WHEREAS, local government is the most direct and frequent point of contact with its residents; and WHEREAS, the process for local government is a public and participatory process whereby the actions of local governments are subject to the public scrutiny of the residents; and WHEREAS, local government is responsible for providing critical and emergency services for prevention and planning every day; and WHEREAS, local governments are the first responders in local emergencies, understanding that County, State, and Federal resources are likely days or more away from the start of major incidents; and WHEREAS, the ability of local government to provide those services is dependent on the ability to have the necessary resources and authority to carry out its responsibilities; and WHEREAS, local government officials are elected by the residents they represent to provide a wide array of services; and WHEREAS, state representatives and senators are charged with working in the best interest of the citizens they represent; and WHEREAS, residents of the state of Texas expect elected government officials representing local governments to make every effort to be informed on the needs of the constituents and the local government to ensure that local governments have the necessary authorities and resources in which to fulfill the desired needs of the citizens who have elected them; now, therefore, RESOLUTION NO. R2017-3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That City Council members will meet with area state representatives and senators to discuss the City's legislative agenda and provide both information and assistance on all matters relating to bills and other legislative matters that come before the Legislature to ensure that they have the resources to call upon in making decisions that impact the lives of their constituents. Section 2. The City of Pearland shall proactively seek the filing and passage of any legislation identified as being sought in Exhibit A. Section 3. The City Council and staff shall work with TML, peer cities in the State and other appropriate entities to jointly pursue the passage or defeat of legislation that is listed as "supported" or"opposed" by the City of Pearland in Exhibit A. Section 4. The City Manager and his staff shall: a. Take all necessary actions to inform Pearland residents of the City's legislative agenda; b. Encourage residents to make every effort to be aware of the local and state governing and legislative process and expect their elected representatives from all levels to seek a proactive and positive relationship that does not pass a burden from the State to the County or City without providing the tools and resources to undertake the added responsibility. Section 5. That it believes it is incumbent of all legislators to work in concert with City and County government to ensure that the entire governing process is as effective as possible and, to that end, seek input and advice from the local level of government on issues that have a direct impact on their ability to undertake their responsibilities. Section 6. That it trusts elected representatives of state government to fully understand the implications of legislation they act upon to ensure there are no negative impacts on the 2 RESOLUTION NO. R2017-3 community and to strongly support and take all actions necessary in furtherance of the attached legislation agenda, as it may be amended from time to time. Section 7. That it believes the state legislative body should not exempt its members any regulation that they impose upon any other member of a political subdivision unless it can clearly be shown that there is a clear and compelling need to do so. Section 8. That it adopts the 2017 Legislative Agenda as shown on Exhibit A, attached to and incorporated into this resolution by reference. PASSED, APPROVED and ADOPTED this the 9th day of January, A.D., 2017. TOM REID MAYOR ATTEST: AOp:. Y• NG LPFING,r'MC/ :�`• /\ :"'_ Y SEPT"ETARY ' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A Resolution No. R2017-3 Exhibit "A" THE CITY OF PEARLAND, TEXAS 2017 STATE LEGISLATIVE AGENDA Position Statements The City of Pearland's Legislative Agenda is organized the categories of Local Control, Keeping Families Safe and Healthy, Expanding Business Growth, and Increase Efficiency and Reduce Waste. In addition,we have indicated which of the City's six Strategic Priorities are supported by each position statement. The City's Strategic Priorities are Fiscal Responsibility, Safe Community, Healthy Economy, Engaged Community, Sustainable Infrastructure, and Parks, Recreation & Events. These priorities establish what the City strives to accomplish and provides a framework for the City to focus on long term priorities while also making a connection to our everyday actions which serve the residents and business community of Pearland. Local Control Local government officials are custodians of the public trust in way that should maximize the benefit of taxpayer dollars to its residents and businesses that reside in our City. The City of Pearland is able to meet the need of its citizens because our elected officials have the authority to set a balance budget, levy tax rates appropriate with the community's needs, annex, provide zoning and much more. Property taxes are locally reviewed and determined and provide 20%of local operating revenues. In support of local control,we have the following legislative priorities: Municipal Powers and Authority • Oppose any legislation that erodes home rule authority and control over local governance priorities ✓ Fiscal Responsibility ✓ Engaged Community • Oppose legislation that would require expenditures by the City without a source of revenue provided by the State. ✓ Fiscal Responsibility Protect Municipal Revenue • Oppose changes to the current property and sales tax systems as well as other income producing structures that would cause the City to lose revenue or the ability to raise revenue, including lowering the appraisal cap or lowering the effective tax rate provision and unfairly shift taxes to other taxpayers. ✓ Fiscal Responsibility • Oppose legislation that would restrict the ability of municipalities to issue debt through either General Obligation or Certificates of Obligation bonds. ✓ Fiscal Responsibility ✓ Sustainable Infrastructure Land-Use Regulation and Annexation • Strongly oppose legislation that would restrict the zoning authority of cities,would restrict a city's ability to adopt or amend zoning regulation, or vest or otherwise create a property right in a zoning classification. ✓ Safe Community ✓ Healthy Economy ✓ Engaged Community Page 1 City of Pearland,Texas * 2017 Legislative Agenda Exhibit A • Oppose legislation that would allow special districts to form in a city or its extraterritorial jurisdiction without the city's permission,or that would impose additional requirements on cities relating to special districts. ✓ Fiscal Responsibility ✓ Engaged Community • Protect the current annexation laws that allow for municipalities to expand their borders,grow their tax base, and provide safe-guards for adjacent properties. ✓ Fiscal Responsibility ✓ Safe Community ✓ Healthy Economy • Oppose any legislation that would limit the City's ability to enact building code requirements or assess building inspection fees. ✓ Fiscal Responsibility ✓ Safe Community ✓ Healthy Economy Keeping Families Safe and Healthy The City of Pearland has built a strong reputation as being a safe environment for families and businesses to call home. Multiple generations remain in our community and new residents choose our community because we provide excellent public safety through police,fire,and code enforcement,while providing multiple parks and recreation services for all ages to enjoy. We ask that the State also consider the importance of water in this session and not impose any unnecessary burdens for local governments or water systems. In support of keeping families safe and healthy,we have the following legislative priorities: Public Safety • Support legislation to return the power of arrest and citation to school-based law enforcement officers for Class C misdemeanors committed on school property, including but not limited to, theft under$50, simple assault(unwanted touching), narcotic paraphernalia, possession of tobacco or alcohol,that were de-criminalized by SB 393 (83R) and SB 1114 (83R) resulting in negative impact on school safety. ✓ Safe Community • Support legislation for the removal of the General Appropriation's Act Rider which requires the generation of$1.5 million above the required self-funding revenue generation, by the Texas Commission on Fire Protection (TCFP).While half of the original $3 million rider was removed,the fact that the agency is now self-funded and the operating expenses have increased while the size of the agency has remained steady, prevents the reduction of annual fees due to this rider. ✓ Safe Community ✓ Fiscal Responsibility • Oppose legislation that would impose a presumption that first responders incur illnesses or injuries in the line of duty. ✓ Fiscal Responsibility • Oppose legislation that would impose expanded collective bargaining rights or expand the current meet and confer law. ✓ Fiscal Responsibility Page 2 City of Pearland,Texas * 2017 Legislative Agenda Exhibit A • Support an increase in funding for Texas Intrastate Fire Mutual Aid System (TIFMAS) related training and equipment.This program has proven to protect and enhance all Texas communities in responding to catastrophic incidents and its continuation is dependent upon the additional funding support. ✓ Safe Community • Support efforts to ensure the proper storage of ammonium nitrate in and near Texas communities. ✓ Safe Community • Support legislation that places the decision regarding the requirement of fire protection sprinkler systems back in the hands of the Local Authorities. ✓ Safe Community Park&Recreation • Support any initiative to restore funding from the Sporting Goods Sales Tax, dedicated to Local Park Fund Grants and State Parks. ✓ Parks, Recreation & Events ✓ Fiscal Responsibility • Support legislation that provides a fair and equitable distribution of the sporting goods sales tax revenue for Local and State parks and that all funding for Texas Rivers Protection Association (TRPA) and Urban Account projects be subject to the established Texas Parks and Wildlife Department (TPWD) competitive scoring system. ✓ Parks, Recreation & Events ✓ Fiscal Responsibility • Support legislation to enable the City to build and operate recreational facilities in utility easements, including power line easements, for the purposes of walking and biking trails and other recreational uses/facilities,while also reducing any liability for those utility owner/operators. ✓ Parks, Recreation & Events ✓ Fiscal Responsibility ✓ Engaged Community Water Resources • Actively monitor, evaluate, and act, if necessary, on any legislation related to the Gulf Coast Water Authority(GCWA) and the Brazos River Authority including governance, water planning,and water fees. Pearland applauds the legislature for creating more balance in the governance of the GCWA and hopes to continue working under the current board structure to ensure the region has sustainable water resources to support growth and economic development. ✓ Sustainable Infrastructure ✓ Safe Community ✓ Fiscal Responsibility • Support legislation that provides funding for State Water Plan projects that increase the State's water resources or further establishes long-term planning efforts for an affordable and reliable water supply for the Brazos River Authority, Gulf Coast Water Authority, Brazoria County, and the Houston Region - provided that the investments already made by the City are reflected in any proposed financing mechanisms. ✓ Sustainable Infrastructure ✓ Safe Community ✓ Fiscal Responsibility Page 3 City of Pearland,Texas * 2017 Legislative Agenda Exhibit A • Oppose legislation that elevates the recreational use of water above the public health and safety needs for drinking water and industrial use. ✓ Sustainable Infrastructure ✓ Safe Community • Oppose legislation impacting water allocation and use caused by the Texas Farm Bureau case against TCEQ regarding senior priority calls during a drought and water planning that will negatively impact downstream water rights holders as they may become junior in future calls. ✓ Sustainable Infrastructure ✓ Safe Community • Support efforts to accelerate the development of the Allen's Creek Reservoir. ✓ Sustainable Infrastructure ✓ Safe Community ✓ Fiscal Responsibility Expanding Business Growth Cities have been the economic engines for this state during the past couple of decades,as we provide incentives and land for business recruitment and expansion. We intend to continue with our economic development successes in cooperation with the State. In support of expanding business growth, we have the following legislative priorities: Economic Development • Oppose attempts to restrict the ability of cities to use Type A(4A)and Type B(4B)funds. ✓ Fiscal Responsibility ✓ Healthy Economy • Oppose attempts to restrict the use of economic development tools available to local governments such as tax abatement,tax increment reinvestment zones, and Chapter 380 agreements. ✓ Fiscal Responsibility ✓ Healthy Economy • Support continuation of the Hotel Occupancy Tax(HOT)for tourism marketing. ✓ Fiscal Responsibility ✓ Healthy Economy Tourism&Travel • Support full funding for Texas State Tourism promotion ensuring that the tourism promotion function gets all "actual" revenues from the one-twelfth dedication of state hotel tax funding. ✓ Fiscal Responsibility ✓ Healthy Economy ✓ Parks, Recreation & Events Transportation • Support for funding for State roadway expansion projects including FM518, SH288, SH35,and SH36. ✓ Sustainable Infrastructure ✓ Fiscal Responsibility ✓ Healthy Economy Page 4 City of Pearland,Texas * 2017 Legislative Agenda Exhibit A • Oppose funding or legislation enabling the Texas Department of Transportation (TxDOT)to construct the SH35 Tollway, as currently planned with an elevated cross-section through the Old Townsite area of the City of Pearland. ✓ Healthy Economy ✓ Engaged Community • Support legislation that will provide additional funding to the Texas Department of Transportation and local funding options for transportation projects that would benefit cities,so long as existing funding formulas are followed. ✓ Sustainable Infrastructure ✓ Healthy Economy ✓ Fiscal Responsibility Right-of-Way and Utilities • Oppose legislation that would further erode a city's ability to condemn property for a public use, would negatively impact the City's authority over its right-of-way, would erode municipal authority to require utility companies to pay the costs of relocating their facilities in a timely manner, as required by current law,or would limit the current ability of the City to receive fair market compensation for use of the public rights-of-way to which the City is responsible and entrusted. ✓ Sustainable Infrastructure ✓ Fiscal Responsibility • Support legislation that would increase the authority of municipalities in requiring increased public notice of major pipeline activities-such as flaring-that have a direct impact on the quality of life of city residents. ✓ Engaged Community ✓ Safe Community • Oppose any legislation that would diminish or limit the City's original jurisdiction over electric and gas rates. ✓ Fiscal Responsibility ✓ Engaged Community Increase Efficiency and Reduce Waste Especially in light of the changing economy during the past decade, cities such as Pearland have looked inward to find answers on how to balance our budgets. There are mandates and restriction that come from the State that add to our cost of doing business. We ask that the State be considerate of opportunities to increase efficiencies for cities and not impose an unfunded mandates. In support of increasing the efficiency and reducing waste in local government, we have the following legislative priorities: Open Meetings/Open Records • Support uniform application of the public information and open meetings laws at every level of government including State legislative and executive branches. ✓ Engaged Community • Support expansion of the ability to charge for cost recovery related to reproduction of public information, including costs of materials, labor,overhead,electronic copies and for viewing of documents. ✓ Fiscal Responsibility Page 5 City of Pearland,Texas * 2017 Legislative Agenda Exhibit A Public Advertising • Support legislation that would enable the use of online electronic notice rather than obsolete print media for all public notices. ✓ Fiscal Responsibility ✓ Engaged Community Page 6 City of Pearland,Texas * 2017 Legislative Agenda