1985-03-20 Regular Meeting La Porte City Council

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•~ • TML Background Material H.B. 1330 & S.B. 897 PROPOSED LEGISLATION • The billboard industry is making another attempt this legislative session to limit the means available to cities to regulate billboardso Under the billboard industry's proposal, a city must pay the owner of a sign or billboard, as well as to any property owner on which a sign is located; cash compensation for removal, reconstruction, relocation or any prohibition on the use or maintenance of signs or billboards. This legislation, simple as it sounds, goes beyond requiring payment for outright removal of signs. It dictates cash payment, and it extends to any regulatory action, such as reducing the size or Height of a sign or excluding billboards from residential neighborhoods. The "pay to regulate" concept fostered in this piece of legislation is contrary to the inherent authority of government tc regulate private activities for the benefit of the public safety and welfare. Such authority has enabled cities to control pollution, sexually oriented businesses, junkyards, health hazards,. traffic and unsafe buildings. If the state or cities had to pay affected parties every time a law or ordinance was enacted, public treasuries would soon be depleted or, more likely, no regulation would occur. HIS TORY Equally important, this legislation is contrary to the 73-year old state policy of home-rule and local control for municipalities. In 1913, the Texas Legisla- ture enacted Article 1175, which specifically provided cities with "full power of local self-government" including the express right to "regulate, control or prohibit signs or billboards...." (Sec. 24). Since then, the Legislature has resisted changes to Art. 1175 aimed at diluting citizens' control over local matters. Visual pollution, increased traffic hazards and lower property values are the direct consequences of unchecked sign proliferation. Billboard regulation by Texas cities has been adopted in response to citizen pressure to do something about what they view as a significant local problemo In Lubbock, a billboard ordinance was overwhelmingly approved by a public referendum. Prior to adoption, numerous public hearings were held by the City of Lubbock and a citizens° commit- tee. In Houston the regulation of billboards was a major issue in the 1979 city council elections. Public hearings and work sessions with all affected parties were held prior to the passage of Houston°s ordinance in 1980. Similar citizen support for such regulation has been repeated in Dal:Las, Fort Worth, Baytown and more than 100 other Texas cities which have sign and billboard regulations, AMORTIZATION IS JUST COMPENSATION Texas cities recognize the capital costs associated with the. placement of signs and billboards and, thus, support some reasonable form of compensation. However, the potential cost to the taxpayer if cash compensation were required would be prohibitive.