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HomeMy WebLinkAboutResolution 2246 A Resolution ~~ ~~ RELATING TO IDENTIFYING AND ADOPTING CERTAIN POSITIONS TAKEN BY THE TEXAS MUNICIPAL LEAGUE IN ITS LEGISLATIVE PROGRAM THAT ARE COMPATIBLE WITH THE INTERESTS OF THE CITY OF FORT WORTH WHEREAS, the Texas Mumcipal League (TML) in preparation for the 75th Legislative Session convened five legislative committees to study city related issues and WHEREAS, TML s legislative committee process was a year long effort that started with the establishment of the five legislative committees composed of elected officials from across the state including councilmembers and staff from Fort Worth, and WHEREAS, The TML legislative committees met during the spring and summer of last year and identified issues that will possibly be discussed and considered during the 75th Legislative Session .and recommended positions on these issues for the League to consider and adopt, and WHEREAS, At the TML Annual Conference the reports issued by the five committees as well as any resolutions .submitted by individual cities were considered and adopted by the League s membership and WHEREAS, The issues identified and the positions taken by TML through the committee and resolutions process constitute the League s legislative program which has now been reviewed by the TML Board and has been formally adopted, and WHEREAS, The City staff has reviewed the 1997 TML Legislative Program and finds several positions that are compatible with the interests of the City and these are outlined in the attached modified TML Legislative Program, and WHEREAS, It rs recommended that the TML positions identified rn the attached report be adopted by the City Council as the City s position on these issues to provide City legislative staff with guidance during the upcoming session, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, 1 That the Fort Worth City Council adopts the attached report outlining those positions on legislative issues identified in the Texas Municipal League Legislative Program that are compatible with the interests of the City of Fort Worth. 2 That the City Council directs staff to express the TML positions outlined in the attached report as the City s position as appropriate to members of the Legislature as bills are filed testimony taken, and legislation is considered Adopted this 21st day of January 1997 Mayor Kenneth Barr APPROVED r--r~ CITY COUNCf~. s ~al~l 21 '~~~' CITY OF FORT WORTH ~~ ~~ Secrseory of tlu at Fort ®ttortl~, ~ TEXAS MUNICIPAL LEAGUE 1997 LEGISLATIVE PROGRAM ~1'he TML Legislative program as reported in this document is a modified version that includes only those relevant issues where City staff recommends that the City Council consider adopting a similar position.) SEEK INTRODUCTION AND PASSAGE the League will attempt to find a sponsor will provide testimony and will otherwise actively pursue passage Bills in this category are known as TML bills City Staff recommends that the City join in supporting the efforts of TML in seeking introduction and passage of legislation that would. 1 Consolidate all state court costs collected in municipal court into one fee payable to the state 2 Validate municipal acts taken since the last validation act was passed in 1995 3 Modify the tax calendar so that the date on which an appraisal district may deliver the certified tax roll to a taxing entity is 25 days earlier than under current law 4 Amend the Texas Constitution by adding municipal court judges to the list of officers who are exempt from the dual office holding provisions of Article XVI Section 40 5 Require an applicant for a Service Provider Certificate of Authority to obtain any franchise agreement that may be required by a city in which the applicant intends to provide telecommunication service Legislation that would delete the population requirement of 1 5 million or more to allow all taxing units to sell property acquired after a tax sale without being required to advertise and publicly bid the property 7 Rebate a percentage of state lottery revenue to cities SUPPORT the League will actively attempt to obtain passage of the initiative if it is introduced by some other entity The League will provide and/or arrange for testimony The City Staff recommends that City join TML in supporting the following initiatives if filed during the session. 1 Legislation that would provide for the allocation of a portion of the state gasoline tax to cities for local street and road repair 2 Legislation that would authorize a taxing entity by declaring a public benefit, to remove vacant and abandoned properties in low income neighborhoods from the current tax foreclosure/sheriff sale process and allow a city to take title and develop these lots for affordable housing if all affected taxing entities consent. 3 Legislation that would give the cities the option of requiring a building or construction contractor to have workers compensation coverage or accident and disability coverage 1 4 Legislation that would allow governmental bodies to discuss appointments to boards commissions and • committees in executive session. 5 Legislation that would clarify that persons in a community service program are not to be considered city employees for the purpose of workers compensation coverage 6 Legislation that would provide that cities are immune from liability for damages arising from an act m connection with community service performed pursuant to a municipal court order 7 Legislation that would allow local rabies control authorities or their designees the ability and authority to obtain and administer rabies vaccines to animals under their control, so long as the city maintains records as required by law and properly trains the city staff members who will admimster the vaccine 8 Legislation that would permit cities to recover the full cost of providing data from a geographic information system, including system development costs 9 Legislation that would allow taxing entities to collect from the proceeds of a tax sale any taxes owed for the years following the forfeiture of a property until the tax sale of the property is completed. 10 Legislation that would designate public libraries as educational institutions 11 Legislation that would mamtam a Spring date for mumcipai elections as a uniform election date if the May date is reserved for the general primary election. Legislation that would provide relief from compliance with state imposed unfunded mandates 13 Legislation that would require review of the financial unpact on cities of all regulations imposed by any state agency and any legislation enacted by the legislature and to require funding of such regulations and legislation before unplementation. 14 Legislation that would require state agencies to perform cost benefit analyses of regulations affecting cities 15 Legislation that would with regard to electric telephone gas or cable utilities (1) protect cities ability to control their rights-of way (2) protect cities ability to grant franchises and collect appropriate fees and (3) require a utility to possess a valid franchise or municipal agreement in order to apply for or hold a state or federally required authorization to operate 16 Legislation that would provide that awards of state monies to rural water supply corporation be made conditional upon the rural water supply corporation s waiving of 7 U S C § 1926(b) protection. • 2 ENDORSE the League will make its support known but will not actively pursue passage The City Staff commends that the City join TML in endorsing the following initiatives if filed during the session. 1 Legislation that would reduce the redemption period for any property sold at a tax sale to six months 2 Legislation that would repeal the state statute that restricts the authority of cities to regulate false alarms within the city 3 Legislation that would allow cities to adopt the International Plumbing Code 4 Legislation that would exempt from state architectural barrier requirements any city that has adopted a model code with accessibility provisions in it. 5 Legislation that would provide that a city that adopts swimming pool enclosure standards for locations other than apartments need not adopt state standards intended for apartments 6 Legislation that would permit cities to make pawnshops subject to city regulations affecting signs and the sale and storage of items outside of a building 7 Legislation that would expand the use of highway logo signs 8 Legislation that would amend the Texas Tax Code Section 151 0101 to include bail bond service as a taxable service • Legislation that would dedicate .funds currently collected from the aviation industry in Texas to an aviation fund within the Texas Department of Transportation for state financial assistance grants to communities for airport facility development. 10 Legislation that would clarify that information about complaints as well as informers be excepted from disclosure under the Public Information Act. 11 Legislation that would amend the Texas Unemployment Compensation Act to allow reimbursing employers the right to object to all unemployment compensation claims made by former employees 12 Legislation that would allow cities to award bids to the bidder/proposer who submits the lowest, best bid/proposal 13 Legislation that would allow unclaimed checks held by a governmental entity to be voided and the proceeds returned to the respective governmental fund instead of escheating to the State and exempt governmental subdivisions from penalties for abandoned property that has not been escheated to the State • 3- ~4 Legislation that would permit a city or EMS authority to file a lien to recover ambulance and emergency medical service fees 15 Legislation that would clarify the intent of the 1995 statute concerning the disclosure of information in accident reports regardless of the form of the request. 16 Legislation that would upgrade the Texas law enforcement telecommunications system to a high speed data, video and imaging network. 17 Legislation that would allow cities to mutually agree to changes in boundaries even when the affected areas are more than 1 000 feet m width. 18 Legislation that would make beneficial amendments to Chapter 143 of the Local Government Code Municipal Civil Service particularly those submitted by Chapter 143 cities through their task force 19 Legislation that would strengthen municipal authority in extraterritorial jurisdictions OPPOSE the League will actively and vigorously attempt to defeat the initiative because it is detrimental to member cities The City Staff recommends that the City join TML and other cities in opposing the following legislation. Within the identified issues, the City Staff will continue to concentrate its efforts in opposing those bills that are aimed at or detrimentally affect Fort Worth. Legislation that would erode municipal annexation authority 2 Legislation that would require cities to raise fees or taxes 3 Legislation that would erode municipal authority over rights-of way or erode the authority to charge a fee for the use of rights-of way 4 Legislation that would erode existing economic development authority 5 Legislation that would restrict the authority of a city to manage its police and/or fire personnel 6 Legislation that would subject municipal actions to takings analyses -or claims 7 Legislation that would unpose additional state fees or court costs in municipal courts 8 Legislation that would erode municipal condemnation authority 9 Legislation that would erode municipal authority in extraterritorial jurisdictions 10 Legislation that would erode the authority of cities to regulate manufactured housing -4- 11 Legislation that would affect the expiration and termination of permits issued by cities ~2 Legislation that would limit the authority of cities to develop and apply new regulations 13 Legislation that would require elected officials to serve on a central appraisal board 14 Legislation that would expand the number of jurisdictions that can participate in the election of central appraisal district board members 15 Legislation that would provide for additional property tax exemptions 16 Legislation that would require consolidated tax collections 17 Legislation that would change the composition of appraisal review boards or change the method of selecting appraisal review boards 18 Legislation that would provide any new sales tax exemption unless it can be demonstrated that any given exemption is in the cities best interest. 19 Legislation that would erode a city s authority to assess a pipeline utility appropriate charges according to the purpose of the pipeline and the impact of the pipeline on the city 20 Legislation that would require a city to conduct aleast-cost review for public works projects ~1 Legislation that would invalidate or prohibit indemnity provisions in construction or public works contracts 22 Legislation that would require the establishment of a municipal debt limit. 23 Legislation that would allow qualified voters to register to vote at the polls on election day 24 Legislation that would require all political subdivisions to hold joint elections 25 Legislation that would remove bond elections as an exception to the general requirement that all elections be held on a uniform election date 26 Legislation that would require election officials to police polling places for sample ballots or other election material discarded by voters 27 Legislation that would expand the definition of meeting under the Open Meetings Act or enact other detrimental amendments to the statute 28 Legislation that would enact detrimental amendments to the Public Information Act. 5- 29 Legislation that would impose more stringent procedural requirements on municipal courts of record. Legislation that would make Chapter 143 easier to adopt or harder to repeal and any other detrimental amendments to Chapter 143 31 Legislation that would invalidate any municipal nepotism policies 32 Legislation that would in any way restrict the existing municipal authority to subject municipal employees to polygraph examinations 33 Legislation that would create special employment rights for public safety employees who may be the subject of internal investigations 34 Legislation that would mandate the procedures and policies for maintaining any personnel records 35 Legislation that would mandate waste separation or recycling beyond current law 36 Legislation that would mandate composting • -6-