2005-05-16 Special Called Regular Meeting of La Porte City Council

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r MAY-17-05 TUE 11:08 AM TEXA.s..MUNICIPAL LEAGUE FAX NO. 51~317490 P. 03 H.B. 2833 . VOTE NO! . What is the main reason that cities are formed? To protect property values and to prohibit negative activities for the common good. . Do cities impose regulations that reduce the value of some owner's property? Yes. For example, many cities prohibit sexually oriented businesses in certain areas. That prohibition means that a landowner may not be able to realize the profits he or she planned for by opening a strip club. . Are there protections in current law that allow a landowner to be compensated when city regulations go to far? Yes, both the Texas and United States Supreme Courts bave adopted a balancing test that weighs the interests of an individual landowner and the public-at-large. . What mandates does H.B. 2833 impose on cities? The bill requires a city to pay for a detailed report (a "takings impact assessment") as to why any regulation that might reduce the value of property is being considered. Also, if the regulation reduces the value of an individual's property (with nO concern about how it protects the surrounding properties)) a city is required to use taxpayer funds to subsidize that individual. . What is an example of how ridiculous and impossible it would be for a city to comply with the bill? If a city wants to impose a smoking ordinance, it must prepare a detailed report on how tbe ordinance might affect each individual property in the city. And if the ordinance might (according to whom?) reduce the value of one or all of those properties, tIle city would have to pay cash to each and every business owner in the city. . Will floor amendments fix the bill? No. H.B. 2833, in any form, is bad public policy and creates too much uncertainty for city taxpayers, resulting in a "full-employment acf' for trial lawyers.