HomeMy WebLinkAbout2004-10-18 Special Called Workshop Meeting
MINUe OF SPECIAL CALLED WORKSH.EETING
OF LA PORTE CITY COUNCIL
October 18, 2004
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Tommy Moser, Louis Rigby,
Howard Ebow, Peter Griffiths, Mike Clausen, Mike Mosteit and Mayor Alton Porter
Members of Council Absent: Barry Beasley
Members of City Executive Staff and City Employees Present: Assistant City Manager Cynthia Alexander,
Assistant Finance Director Mike Dolby, Assistant City Attorney Clark Askins, Police Chief Richard Reff,
Human Resources Manager Sherri Sampson, Assistant City Manager John Joerns, Assistant City Secretary
Sharon Harris and Assistant Fire Chief Champ Dunham
Others Present: Pat Rothermel, David' Groce, Guadalupe Candanosa, Dana Orth, Patti Blanco, Joey Vigneri,
Jacob Moore, Mr. Neal Welch and Rebecca Morgado
2. Mayor Porter delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. Council discussed an ordinance amending Ordinance 2004-2779 authorizing and approving an agreement with
Humana Insurance Company, for administrative services of the City's Medical Plan, effective January 1,2005,
adopting "Heath Service Plan Design" option, approving an employee contribution schedule, appropriating the
sum of $ 130,000.00 as presented by Human Resources Manager Sherri Sampson.
Council discussed the active rates and retiree rates in conjunction with meeting the contribution goal of 1.2
million dollars.
Ms. Sampson clarified retiree's contribution with years of service.
Councilmember Ebow acknowledged the fact of rising health care costs; a decision needs to be made which
will not burden the retirees or employees.
Councilmember Griffiths stated that retirees should contribute to the plan.
Councilmeniber Engelken questioned Ms. Sampson if the proposal of insurance changes has been forwarded
to the retirees. Ms. Sampson stated she would give retirees 60-days notice once a decision was reached.
Councilmember Clausen feels retirees should contribute the same as active employees, he suggested "Plan A"
with a 30% contribution. -
Councilmember Rigby stated it is not fair to make retirees have to pay after they have retired and based their
life savings when they retired, unfair to make revisions.
Councilmember Moser agrees with Mr. Rigby. -Mr. Moser would like to see contributions phased in over a
period of time.
Mr. Welch of Welch Company provided an overview of raising insurance contributions.
Ms. Sampson provided a handout with a Retiree Schedule C.
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City Council Special. Called work. Meeting - October 18, 2004 - Page 2 e
Mayor Porter suggested Ms. Sampson track the number of applicants that come from private sectors in the
future.
5. Council discussed an ordinance adopting an amendment to the City of La Porte Employee Policies Handbook
by adding Section 9A "Retiree Medical Coverage" providing for the terms and conditions of Retiree Medical
Coverage
6. Administrative Reports
Mr. Joerns reminded Council of the Texas Municipal League Conference October 27-29,2004.
7. Council Comments
Griffiths, Ebow, Engelken, Mosteit, Clausen, Rigby, Moser and Porter had comments
8. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551.087, TEXAS GOVERNMENT CODE,
(CONSULT A THON WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DE LIBERA TION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.071 (POTENTIAL
LITIGATION) - MEET WITH CITY ATTORNEY AND CITY MANAGER TO DISCUSS
POTENTIAL LITIGATION
9. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There was no action taken during Executive Session.
10. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:35 p.m.
Respectfully yours,
LflltfAtf1tu4.AU~
M~a Gillett, TRMC
City Secretary
Passed and approved on this 81h day of November 2004
~~.rp~
Mayor Alton E. Porter
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Requested By:
Source of Funds:
Various
Department: Fiaaat:e
Account Number: Various
Report: X Resolution:
Ordinance:
Amount Budgeted: VF.S
Exhibits:
Encumbrance Rollover Report
Amount Requested:
Exhibits:
Budgeted Item: YES ~ NO
Exhibits:
SUMMARY & RECOMMENDATION
The City's fiscal year ended September 30, 2004. At that time, there were 21 outstanding purchase orders, and
encumbrances. The purchase orders represent goods that were ordered and budgeted funds that were committed to
procure items necessary to operate the City. We need to re-establish these items for the new fiscal year. This action
will have no effect on the working capital of the various funds.
A breakdown of the open purchase orders, and encumbrances by operating fund are as follows:
Fund
General Fund
Sylvan Beach Fund
Vehicle Replacement Fund
Insurance Fund
Technology Fund
Golf Course Fund
Hotel/Motel Fund
Total
Number
10
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3
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21
Amount
$ 86,888.47
1,981.00
149,980.00
8,055.00
21,431.63
18,692.05
2.479.09
289,507.84
The above amendments will not have an impact on the projected working capital balances for fiscal year 2005 because
they were budgeted in the fiscal year 2004.
Action Required bv Council:
Weare requesting that City Council instruct the Assistant City Manager to amend the various operating budgets for
outstanding purchase orders. This is a routine annual transaction to validate open purchase orders.
Approved for City Council Aeenda
Debra Feazell
JI)/;' /0 ~
Date I ,
Encumbrance Rollover FY 2004,xls
023 040326
023 040329
023 040330
023 040331
028 C04513
028 040282
028 040277
037 040317
Total Encumbrances
Online Promotions 037-6063-565-20-75
Total Hotel/Motel Fund
18,692.05
2,479.09 Promotional items for City
2,479.09
289,507.84
028-6049-551-80-32
028-6049-551-20-14
028-6049-551-20-15
Advanced D'Sign Services 028-6048-551-80-21
Total Golf Course Fund
" - - -
Professional Turf Products
BWI
4,000.05 Golf irrigation upgrade
30.00 Grass seeds
8,552.00 Grass seeds
6.110.00 Signs
nc
Hilton Computer Stategies, 023-6066-519-30-20
Komputer + Peripherals, Inc 023-9904-580-20-93
Shi-Government Solutions 023-9904-580-20-93
Shi-Government Solutions 023-9904-580-20-93
Total Technology Fund
2,125.00 Training
2,452.63 Computer software
4,140.00 Computer software
12,714.00 Computer software
21,431.63
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008 040308 Finch AlC Heating, Inc 008-8083-551-40-06
Total Sylvan Beach Fund
009 C04552 Houston Freightliner, Inc ' 009-7071-531-80-50
Total Vehicle Replacement Fund
014 040325 TML-IEBP 014-6144-515-50-11
Total Insurance Fund
1,981.00 AlC repair @ Sylvan Beach Pavilion
1,981.00
149,980.00 Street sweeper
149,980.00
8,055.60 Insurance for September
8,055.60
';c.L:~:-1P~O"h-:-~~t,. 43~,:..,..,
t='ilt-.cj-t\i Jmtlef; J{en(l6r~Nal:ne~
001 C04572 Rescue Concepts, inC.
001 040102 W. W. Grainger, Inc
001 040253 Best Access Systems
001 040254 L & M Contractors
001 040299 Fire Truck Repair Center
001 040300 Fire Truck Repair Center
001 040316 Amer. Micrographics & Imaging
001 040328 Vesco
001 040332 All Texas Demolishing
001 040335 Hughes Printing & Office Supply
seal Year Ended September 30,2004
, .. c,.:,.-~,',': ;: ',' cEricl!.,!,bran~e ,.., ':'
,cc~~!'t Number,,: :Ap1punt D,escri~tiori;::..:;
001-5051-522-20-03 Fire protective wear
001-8080-552-80-02 Fitness Center electrical
001-6146-515-80-02 City Hall security
001-6146-515-99-97 Install door by switchboard
001-5051-522-40-08 Replace pump shaft on fire pump
001-5051-522-40-08 Annual test on fire pump
001-5252-521-40-01 Police imaging
001-6146-515-99-97 Trophy case
001-9092-524-60-21 Demolition
001-5059-522-20-01 Engineering services-storm water
001-6065-515-60-02
001-6141-515-20-15
001-8089-550-60-02
Total General Fund
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31,836.00
5,446.4 7
6,080.00
4,423.00
7,000.00
1,800.00
7,345.00
1,166.00
18,400.00
224.00
2,560.00
256.00
352.00
86,888.47
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CITY OF LA PORTE
ENCUMBRANCE ROLLOVER REPORT
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Back-up not required for this' item
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NO BACK UP PROVIDED
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10/25/044-A
Requested By: Wayne Saho, Interim P'i:~~g Direetnr
Aoorooriation
Source of Funds:
Department:
Plaaaiag Departmcat
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Existing Ordinance #04-2733
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The Building Code Appeals Board ordinance (Ordinance #04-2733) was passed and approved by City Council on
May 10,2004. The ordinance became effective fourteen (14) days after its passage and approval or May 21,2004.
The intent of the ordinance was to create a seven (7) member board to hear and decide appeals from the
determination ofa building official and to conduct comprehensive reviews of the city's codes.
Since there were a limited number of council members at that time, a decision was made to wait on making the
appointments until a later date. In our review since its passage, staff notes that in the preparation of the ordinance,
Section 3 addresses violations relating to the zoning ordinance. Staff believes this section needs to be revised.
At this time we are returning to Council to ask for direction or other issues concerning the wording of the ordinance,
appointment of board members for the Building Code Appeals Board created by existing Ordinance #04-2733
and/or direction regarding possible changes to Section 3 of the existing ordinance.
Action Required bv Council:
Guidance on possible revisions to the ordinance and/or appointments of members to the Building Codes Appeal
Board.
Aooroved for City Council Ae:enda
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ORDINANCE NO. 04- :.J- '7 Q3
AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
'REGULATIONS," ARTICLE I"IN GENERAL", BY ADDING SECTIONS 82-10, ET SEQ,
"CITY OF LA PORTE BUILDING CODES APPEAL BOARD"; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING .cOMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS ,OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO'
EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE
THI;:REOF.
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BE IT ORDAINED BY THE CITY COUNCIL .oF THE CITY OF LA PORTE, TEXAS:
S~c. 82-10 Building Codes Appeals Board .
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In order to hear and decide appeals of orders, decisions or determinations'
ma~e by the Building, Official relative to the application and interpretation of
the building codes adopted in this chapter, there shall be and is hereby -
created by the City Council of the City of La Po~e a Building Code Appeals
Boa~. -
Sec.- 82-11, "Compilation of Board."
The Building Code Appeals Board shall consists of seven (7) resident
electors of the City of La Porte who the City Council deems competent to-_
serve on such Board by virtue by their experience and train!ng in matters
pertaining to building construction. MemberS of the Building Code Appeals
- Board are not to be employed by the City of La Porte. ' '
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Sec. 82-12, "Term."
Members of the Building Code Appeals Boa~' are appointed by the City
Council, for a term of three (3) years, and serve at the pleasure of the City "
, Council. Vacancies shall be filled for the unexpired term of any member
',-' --... -- - --""" -..-....:---- ""whose" telrTn beoomes"vacanf:-for- anY~cause', ~'iri . the' same -manner as 'the --- -. '- '-- - -.- - - " ..
original appointment was made. All cases to be heard by the Building Code
Appeals Boa~ will always be heard by a minimum of four (4) members.
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Sec. 82-13, "Rules and Meetings."
The Building Code Appeals Board shall adopt rules of procedure in
accordance with the provisions of this chapter, and this code. Meetings of
the Board shall be held at the call of the Chairman and at such other times
as at least four (4) members of the Building Code Appeals Board may
determine. All meetings of the Building Code Appeals Board shall be open
'to the public. The Building Code Appeals Board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or if
absent or in failing to vote, indicating such fact, and shall keep records of all
of its official acts, all of which shall be immediately filed in the office of the
City Secretary and shall become a public'record.' . .
Sec. 82-14, "Powers and Duties ofthe Board."
The Building Code Appeals Board shall have, the following powers: .
1. To hear' and decide appeals from the determination of a
builcjing official where it is alleged that on a claim that the true
intent of the building and construction codes adopted in this
chapter have been incorrectly interpreted, that the provisions
of a code adopted under this chapter do not fully apply, or that
an equally good or better form of construction is proposed.
The' Building Code Appeals Board shall have no authority to
waive requirements' of this code. " "
2.. The Building Code Appeals Board is to conduct a regular
comprehensive review of the codes adopted in this chapter, '
and has the power to recommend to the City Council of the
City of La Porte changes, additions, or deletions from said
codes for any reason including the following: -
a. Defects in the text of the codes; .
b. Deficiencies created by improper or lax administration
of the. codes; or
c. inconsistency with the State Statutes, or judicial
decisions.
Sec. 82-15. "Action on AppeaL"
. ___ ___ ____,_,_.____.._~._,___ __,..J!:'_,~~~!El~~~t~~~J)~~~!.s. _~~}~.~~._i~...th.i.~___~~_~i~~, ~!!E! !3.~i1~in.g ~ode Appeals' .
Board, in. conf~rmity with, the provision- of this cflaplef 'ai'Jd-tlie'-'coaes-'-- -.-"'~--'-~ -- '--'-
adopted in this chapter, may reverse or affirm, wholly or partly, or may
modify the order, requirement,. decision,or determination, as ought to be
made, of the Building Official, and to that end shall have all. the powers of
the eriforqement officer from whom the appeal is taken.'
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SECTION 2. All ordinances and parts of ordinances inconsistent, or in conflict, with
this ordinance are hereby repealed, to the extent of such conflict only; provided, \:1owever,
the City of La Porte reserves all rights and remedies which may have accrued to the City
. .
of La Porte for offenses which may have occUrred prior to the effective date of ~he repeal .
of said ordinances. '
SECTION 3. All righ~ or remedies of the City of La Porte, Texas', are expressly
saved as to any and all violations of a'ny Zoning Ordinance or amendments thereto, of s~id
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City of La Porte, that have accrued at th~ time of the effective date of this Ordinance; and
as to such accrued violation, the Court shall have all the powers that . existed prior to the
effective '~ate 'of this Ordinance; and as to such accrued violation, the co':Jrt shall have all
the powers that' existed ~rior to the effective date of this ,?rdif'!ance; and that ~~I existi~g
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violations of previous zoning ordina~Ces ~hich wo~ld otherWise be~rne no~-conforming
uses under this Ordinance but shall be considered as violations of this Ordinance in the
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, same marmer that they were violations of prior zoning ordinances of said City of La Porte.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause,' ot ~is Ordinance shall, for any reason, be held invalid" such
invalidity shan not affect the remaining portions of this Ordinan~, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 4. The City Council officially finds, determines, recites and,declares that
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'.'." _..... ..._ _. .'___'. . ....~ ~_" ..';'......__ .. .,' _00. .._:.... ".. .__._........~_.._ .... "._" ... ._, ._._...._.
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
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time req~ired by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this ,meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
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has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and' posting thereof.
SECTION 6.' Any person, as defined in Section 1.02(27} Texas Penal Code, who
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shall violate any prov!sion of this Ordinance, shall be deemed guilty of a misdemeanor and
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upon conviction shall be punished by. a fine no~ to exceed. Two Thousand DolI~rs
($2,OOO.OO).. Ea~h day a' violation of this ordinance shall continue ~hall constitute. a
separate violation.
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SECTION 7. 'This Ordinance shall become effective fourteen' {14} days after, its
passage a~d approval. The City S~cretary sha!1 give notice to th~ p~ssa~e of the notice
by causing the caption to be publish~d in the official newspape"r of the City of La Porte at
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least twice within ten (10) days after the passage ofth~ Ordinance.
PASSED AND APPROVED THIS THE I tfoAY OF (nClf .2004.
CITY OF LA PORTE .
., '----. .
~aYOrproTem
ATTEST:
BY:~t/f4.,~ttI
M~RTRA GILLETT,
City Secreta
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NEW
APPLICATION
e CITY OF LA PORTE '. . e
. APPLICATION FOR CITY BOARDS I COMMISSIONS
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NOTE: . AB an applicant for a City Board 'or, COmmission,- your D8II1e. address and phone-number may be available'
to the' press and the public. You h,ave the right to requesUhe eXclusion of certain infonnati~ from press "
'. and public access. All other information will remain confidential. You will be contacted before any. '.'
action is taken on your appoiritment. Incumbents whose terms expire ale autot:natically considered for,' . ' .
reappointment, upon request. A member who is absent for m~re than 25% of called meetings. for other
thaii m,edical r~ons. Will be .subject 1'9 removal by City Council. Final c;lecisions on'appointment and .
. reappointm~t of members of BoardS and COmmissions rests. with the City COlUlcil. APPLICANT
MUST BE A CITIZEN OF THE 'UNITED STATES.; A RESIDENT'()F ,TUECITY OF LA ,'.:
, PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. 'MEMBERS OF THE .
. PLANNING AND ZONIN(; COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE:
CITY COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED..:
Please !We or nrint clearly DAtE: I () -' /O-O,/-
Name~ "VELeZ.'_ Fiz.FlAJ~iS'(!,o ~~, Phon~' (H) tflll-~.f/~/-;J-7cl!
.' . , . ~ . .a.' Fiff' . MJ . . . (W) 7/.? - 9'7/- 4.JCI.4
, Ad~s: IDv/JJI /()1R,(!, /I Dl?lV~ . , (fJ9r)
city:/..;4'.fbr<7c S~e/Zip Code:'~ '/'15')/ '
hey~u."aregistered,vo~erin theLaPort~Ci~liini~J:' W.' :,.or' , N.
Did you vote in the l~t City election?: " " . Y..' or .'.0.
Please indicate vour'Dreference bv number.' 1-2-3. etC..
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ADVISORY BOARDS AND COMMISSIONS
Airport Advisory Board' '
Fire CQde Review Committee ,,'
DECISION.M.A.KmG BOARDS AND COMMIsSIONS
" Planning and Zoning Commission, . ' '" ..
Zoning Board of Adjustment..
Civil Service ComDrlssion
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SEPARATE .LEGAL ENTITIES' .
La Porte Area Water Authority
NON-PROFIT CORPORATIONS .
. La Porte 'Development Corporation, Board
La Po~e Redevelopment Authority , ','- '.
Tax Increment Reinvestment Zone Number One
Southeast ~ex~ aousing Finance, COrpor,atio~ ~o8rd,.' .'
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OTHER " " ". : .
. . . I the undersi~ed am interested in serving on ~ne of the above Bo~ds I Co~ssio~ as, iJ;1dicat~. .
/0---/ 0 ,~ (j if., ,
. Date
SiJlWUl'e o~ Applicant
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Revised' Jun~ 2002
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INSTmJTION CITY AND STATE DATE LAST AITENDED MAJOR
. !JAS/J.OOl/A-/ '7X.~'.' "
~m If/! fJ9u,fA/ /'9K~ ' - i.3/JSI cs '
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./-13 t; aL (. ~G6 15 A-yriloJil, 7;.,,': ' /996
IAJ D '. m4711
SA-~ J II, c ~~~o ;;,4-<5 ;:1, 0 ~Ailt/ 'IX' '/9J'7 /l1/-roMor I- VC"
"/eeIlAliJ'-o6 y
Dc..U;Q
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" EDUCATION
Community Activities/Hobbies: C#Uea,)f-. rA-nt//_.Y /Ian VJ.r1(::'S'.
'W 4ft'"1L ' r> {Joe: 1:5 " 1no7p~(!AI ((./ r::;<; ,
. References: (include address and phone nuInb~ ' . '. ' , ."., .' ' , " .
-1. . 7)0/\.1 J'1)WNSON. 1053() c/16tc I;:;~/t... CT. Ul-POPfC-.: .;l1J-'1iL/-1M6
2.,' J=~'i1l{J p~~\' L.ltj. mML6 ~os S, PM A, ~e ~ :::~-/~ .
,3. ',_ ,/f1J J:::..' ~_ 00 _~~rL, (.!.RG_;S2~' /JA-g1J,. 02~ _ ~ '/-_3d-
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. Additional Pertinent IDr6nnation:
,Goals / Objectives: '/0 Sei2V€ /AJ' ~Ij,€' C!.o/1UOt,t;A/ ~7-Y /N tuH(C I-f'
::z::- Llt/e- /~ -4IVD 7?:;, /TeL'to.. /)1,4 Ke= ,.q Ae7Te'P PL./I:c~.
role. /'h y C-illlntE!GAJ /0 ,6la::>(.()'v /!J .1#.
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A~bments: YES ' , NO .. " " . "
" " Yau are welcOIne to attach addi1ioual information, s~ as. resumes. letters. ccmmcations. ete. that further descnbe your professioual '
amfpetsOnal background. '" ' , ' . '
Please return this foi'm anel ..y 'attachmeD~ to:"
City of LaPorte ,
City Secretary's OffiCe
PO Box.1llS '-, .
, La P~rte, Texas '77S72-11'1S
. ',~sed Julie 2002 '
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.' 'qryOFLAPORTB .
. TEXAS PuBUC INFORMAnONLAW .
OPENRECORDS Ac:r
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Under the. TeXas PUb1i~' Info~on' ~ the Open .R.ecordsAct .es that ~ile' may recluest .'.
. inforination tegardiDg I1lUDiclpal employees and Elected/Appointed' Officials CLe.. Dame, ~ .'
. . arid' telephone mimber). You. haVe the right to reqUest the' exclusion of ~ intbrmation'
contained within yourpersoDDeJ fil~ ~m public a<X".es&. . . .' .', .
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You also. have .a' righi to. change your .mind in the~ tutufe' by, co~ the' Fruman'Resources
Department (FJected and Appointed,Ofticials need to ~ this form to the CitY Secretarys Office) .
of the City o~La Porte. '. . .... .
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Note: All request for disclosure of public information are sUbject to 'revieW' of the. City Attorney. .
who shall i~a1ly detc;nnine which iDformation is ~bject to privacy exclusions pursuant to the
Texas Public Information Act.. .. . .
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Do you want to,requesttbat certain information Within your personnel file be excl~~ fro~ public
access? ' .. '... .... .', '.. . ' ;" ,
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.:' ::'~v1ClscO.J ,.Jiliz....
Print Name ..' ..
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Department:
IL AGENDA ITEM
REQUEST FOR CITY CO
Agenda Date Requested: October 12 2004
Appropriation
Requested By:
Stephen L. Barr ,
Acc't Number:
Report: ---X-Resolution: _Ordinance: _
Amount Budgeted:
N/A
Exhibits:
Joint Resolution
Amount Requested:
N/A
Exhibits:
March 4. 2004 Report
Bud eted Item:
YES
NO N/A
Exhibits:
Support '.etter, Pa~adena Committee
SUMMARY & RECOMMENDATION
In April City Council passed a joint resolution authorizing staffs from the City of La Porte and the City of
Pasadena to expand their investigation into: I) the possibility of a joint venture youth baseball complex, and
2) a connecting arterial roadway between Genoa/Red Bluff in Pasadena, and the proposed Canada Road in
La Porte (please refer to the report submitted to Council titled "Report on Potential Joint Venture
PasadenalLa Porte Sports Complex and Connecting Arterial Roadway", dated March 4,2004.).
As you are aware, Pasadena City staff did not present the joint resolution to their Council because of issues
raised by several Pasadena Council members. Our staff has solicited a design proposal from a qualified
architectural firm, Randall-Porterfield, Inc. for design of the Westside park property, with a scope of work
that incorporates the six baseball fields that were originally proposed at that site. However, because of the
potential benefits that would be achieved by both La Porte and Pasadena as a result of this joint venture, we
have waited to present the design contract to Council until a final resolution to the issue of a joint venture
with Pasadena has been resolved. With construction of Canada Road imminent, we need to move forward
with the design of the Westside property so that it will be ready for construction once Canada Road has been
completed. It is important for the architect to know which design of the park to follow, with ballfields or
without; the final scope of work can't be addressed until the joint venture issue is resolved.
Finally, it is in the interests of both La Porte and Pasadena to re-route the Genoa-Red Bluff extension to
connect with Canada Road instead of Brookwood in order to provide another key north-south connector
through La Porte that will serve residents of both Pasadena and La Porte.
Action Required bv Council:
Consider a course of action and give staff direction regarding further investigation of a joint venture between
the cities for a Youth Sports Complex and for a connecting north-south roadway between Genoa-Red Bluff
Road in Pasadena, and Canada Road (East Boulevard) in La Porte.
Aooroved for City Council Ae:enda
~0r
Dat
,-
Direct Hire/Full Time
Temporary
Contract
Business Services
722A Fairmont Parkway
Pasadena,TX 77504
(713) 941-0616
,(713) 941-3624 fax
www.meador.com
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MEADOR
STAFFING SERVICES
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March 31, 2004
Mr. Michaellsennann
Parbs and Recreation Director
C"d:yofPasadena
3111 San Aug~ine
Pasadena TX 77503
RE: Joint Venture Sports Complex
Dear Mi.,
I am writing this letter in response to the executive report you sent to the Pasadena
Sports Complex Committee. I am pleased to report to you that the committee
overwhelmingly agreed with your findings and will lend full support to the City of
Pasadena in favor of moving forward with the project.
The potential of this cooperative effort between the City of Pasadena and the City of
La Porte is a wln-win for both cities on several levels. An effort such as this
demonstrates extraordinary fiscal responsibility to the citizens of both cities and a level
of cooperation with neighboring communities that other communities will stand up and
ta. notice. Multi-jurisdictional projects are attractive to granting entities creating
additional funding opportunities and the pooling of existing bond funds will enable us '
to build a world class complexl
A complex of this magnitude will attract tournaments from aJI over the state and
abroad boosting travel and tourism in "<<;)ur region..as" well as reenergizing our youth
baseball programs in both cities. " "
The Pasadena Sports Complex Committee encourages the City of Pasadena to further
explore the possibility to this unique concept and will help in every way possible to see
this dream come to fruition. If you have any questions or needs regarding this project or
the committee, please do not hesitate to call ,me at 713-941-0616.
Sincerely,
tL-
Ben F. Meador, Jr.
President
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If the proposals are deemed viable, then staffs are directed to prepare the necessary
Interlocal Agreement(s) to accomplish the projects herein described; however, they are
subject to formal approval of the respective City Councils.
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cm OF PASADENA RESOLUTION NO.
CITY OF LA PORTE RESOLUTION NO. 2004-
A JOINT RESOLUTION BY THE CITY COUNCIL OF PASADENA AND THE cm COUNCIL OF
LA PORTE, AUTHORIZING FURTHER INVESTIGATION OF A JOINT VENTURE BETWEEN
THE CITIES FOR A YOUTH SPORTS COMPLEX AND
FOR A CONNECTING NORTH-SOUTH ROADWAY BETWEEN GENOA-RED BLUFF ROAD IN
PASADENA"AND CANADA ROAD (EAST BOULEVARD) IN LA PORTE
WHEREAS, the citizens of the City of Pasadena and the citizens of La Porte have approved bond
issues in both cities respectively, to address the present and future needs of their
, respective youth sports programs, and
WHEREAS, the City Council-of the City,of Pasadena and the City Council-of the City of La Porte have
authorized their respective staffs to begin work on the implementation of the voter's
wishes in that regard, and
WHEREAS, there appears to be much mutual benefit in a proposal to combine the efforts of both
cities in a joint venture project on property owned by the City of Pasadena and located
in the City of La Porte through economies of scale and duplication of common facilities
the~by generating a more beneficial use of taxpayer's money in both cities, and
WHEREAS, the proposed connection between Genoa-Red Bluff Road in Pasadena and Canada Road
(East Boulevard) in La Porte would offer an improved transportation corridor for the
area including an' additional emergency evacuation route for both Pasadena and La
Porte residents; NOW THEREFORE,
BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA AND THE
CITY COUNCIL OF THE cm OF LA PORTE, TEXAS:
I.
That staffs of each respective city further explore the legal, operational, and logistical
ramifications of the proposed joint venture sports complex on property owned by the City of
Pasadena, and the proposed arterial roadway connecting Genoa-Red Bluff in Pasadena with Canada
Road (East Boulevard) in La Porte. If the proposals are deemed viable, then staffs are directed to
prepare the necessary Interlocal Agreement(s) to accomplish the two projects herein described"
PRESENTED AND PASSED on this the 12TH day of April 2004 by the City of La Porte, by a vote of -
yeas, and nays at a regular meeting of the City Council of the City of La Porte, Texas.
Norman L. Malone, Mayor, City of La Porte, Texas
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AlTESf:
, Date:
Martha Gillett, City Secretary, City of La Porte
APPROVED /J.S TO FORM:
, Date:
Knox W. Askins, City Attorney, City of La Porte
PRESENTED AND PASSED on this the 13th day of April 2004 by the City of Pasadena, by a vote of -
yeas, and nays at a regular meeting of the City Council of the City of Pasadena, Texas.
John Manlove, Mayor, City of Pasadena, Texas
A1TE5T:
, Date:
Lynne Summers, City Secretary, City of Pasadena
APPROVED /J.S TO FORM:
. Date:
Lee Clark, City Attorney, City of Pasadena
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ADDENDUM TO MEETING NOTICE
The following items will be,added to the October 25, 2004 City Council Meeting to be held in the Council Chambers
at City Hall, 604 West Fairmont Parkway, La Porte, Texas. The below item will be discussed on October 25, 2004
at 6:00 p.m.
12.
E Discuss TML Resolutio~ Committee Meeting, October 27, 2004 and give staff direction - D. Feazelle
I hereby certify that I posted this Notice on the bulletin board located at a place convenient to the public in the
City Hall of the City of La Porte, 5:00 p.m. on the 21stday of October 2004, .and that (1) said Notice was
posted for at least 72 hours preceding the scheduled time of the meeting; or (2) if this Notice was oostedless
than 72 hours but more-than. 2 hours before. the.meetina convenedA,herebY~rtifv that said meetina was
called because of an emeraency or uraent DubUc necessity limited to imminent threats to Dublic health and
safety or reasonable,.unforeseeable.situations..r:eauirina immediate action by the City Council.
Witness my hand and the Seal of the City of La Porte, Texas, this the 21st day of October 2004.
CITY OF LA PORTE
~~
. Mar1ha G111e1l, lRMC <p1J
City Secretary
Posted: /tJ/.P.lj04
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TEXAS
MUNICIPAL LEAGUE
1821 Rwhcriim:I We
Suite 400
Austin. T....
78754-5128
512-231-7400
Fax: 512-231-7490
Web HIe: www.anl.o'll
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October 13,2004
MEMORANDUM
TO: TML President-Elect Dock Jackson, Councilmember, Bastrop,
Chair of the 2004 TML Resolutions Committee
TML Immediate Past President Jackie Levingston, Mayor Pro Tern,
Groesbeck, Vice Chair of the 2004 TML Resolutions Committee
Members of the 2004 TML Resolutions Committee
FROM: Frank J. Sturzl, Executive Directo~,-~ ~
SUBJECT: TML Resolutions Committee Meeting, October 27,2004
Please note that the Resolutions Committee will
meet on October 27 at 9:00 a.m.
in Bayview Room A on the upper level
of the AmerieanBank Center
in Corpus Christi.
Please read this memo and aU attachments and
enclosures carefully.
..~._n.
Thank you for agreeing to serve on the 2004 TML Resolutions Committee. We look
forward to working with you.
This memo provides some background information on the formation and procedures
of the Resolutions Committee. This information, along with the enclosed booklet,
should prepare you for your Committee work.
BACKGROUND
The TML Constitution, in Section 8.2., provides that:
Not later than thirty days prior to the Annual Co~erence, the President shall
appoint a Resolutions Committee, w~ch Committee shall consist of not less
than fifty (SO) city officials who will be in attendance at the Annual
Conference, preferably officials who are familiar with the objectives and
history of the League. .
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No resolution shall be eligible to be considered by the Resolutions Committee
unless the same has been delivered to the Texas Municipal League
headquarters office in Austin at least forty-five (45) full calendar days prior to
the first day of the Annual Conference at which the Resolutions Committee
will convene. Provided, however, that any proposed resolution that has not
been submitted. in accordance with this requirement may be considered by the
Resolutions Committee if two-thirds (2/3) of the Committee members present
and voting vote in favor of suspending such requirement. Resolutions
submitted later than 45 days prior to the first day of the Annual Conference
must state the reason precluding timely submission.
No resolution shall be considered or adopted unless it has some direct relation
to municipal affairs. All resolutions to be adopted by the membership shall be
adopted at the business meeting in the General Assembly at the Annwll
Conference. Resolutions pertaining to amendments to this Constitution,
relative to membership dues or to new departments of the League shall, before
their submission to the membership, receive prior approval only from the
Board of Directors, as otherwise provided in this Constitution; all other
resolutions not reserved herein for approval exclusively by the Board of
Directors shall be first considered by the Resolutions Committee except as
hereinafter provided. No resolution considered by the Resolutions Committee
shall be eligible to be considered at the business meeting of the Annual
Conference unless the same shall have been adopted by a majority vote of the
Committee members present and voting at the meeting of the Resolutions
Committee. A resolution relative to a matter within the jurisdiction of the
Resolutions Committee which has not received prior approval of said
committee may be offered from the floor and considered by the membership
in the business session at the Annual Conference only by a two-thirds (2/3)
vote in favor of suspension of the rule requiring prior approval by said
Committee.
During the summer of 2004, all TML member cities, TML regio~ and TML
affiliates were infonned that resolutions to be considered by the 2004 Resolutions
Committee were due in the 1ML office by September 13,2004, forty-five days prior
to the first day of the 2004 Annual Conference. By that deadline, we had compiled
35 valid resolutions. Those resolutions are enclosed in booklet fonn for your review.
In September, TML President Terry Henley asked 125 city officials to serve on the
2004 Resolutions Committee. Those who have agreed to serve are listed on the blue
attachment.
Resolutions Committee Meetinl!lRelristration
The Resolutions Committee will meet in conjunction with the TML Annual
Conference on Wednesd.v. October 27.2004. in B.vview Room A on the UDDer
level of the AmericanS.nk Center in Comus Christi. The meeting will begin
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promptly at 9:00 a.m. Please go to the Annual Conference registration desk
between 8:00 a.m. and 9:00 a.m. At the registration desk, which is'located in the
Grand Lobby on the lower level of the AmericanBank Center, please pick up
your Annual Conference packet (if you are registered for the conference) or
your name badge (if you aren't registered for the conference). There will be a
special area at the registration desk for Resolutions Committee memben. Before
you enter BayView Room A for the meeting of the Resolutions Committee, please
pick up a voting card at the table just outside the room.
In years past, some city officials have submitted resolutions on the day of the
Resolutions Committee meeting. That may happen this year, as well. Those.
resolutions will be considered after all 3S resolutions (already compiled) have been
considered. As the TML Constitution provides, these late resolutions can be
considered only by a two-thirds vote to suspend the rule requiring that
resolutions be submitted 45 days in advance.
If you have any questions or comments, please call us at any time. Thank you again
for your service, and we look forward to seeing you in Corpus Christi.
cc: TML President Terry Henley, Mayor Pro Tem, Meadows Place
Intergovemment Liaisons
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2004 TML Resolutions Committee
Chair: TML President-Elect Dock Jackson, Council member, Bastrop
Vice Chair: TML Immediate Past President Jackie Levingston, Mayor Pro Tern, Groesbeck
Brandon Aghamalian, Director oflntergovernrnental Affairs, Fort Worth
Joe Alexandre, Mayor, Raymondville
Bill Altman, Mayor, Wichita Falls
Ray Aranda Jr., Alderman, Dilley
Donna Benham, Tax and Revenue Manager, Keller
Renee Blaschke, Mayor, Smithville
Rose Boyd, Councilmember, Lufkin
Melanie Caballero, Director of Human Resources, Bryan
Mike Canon, Mayor, Midland
Judy Chambers Councilmember, Mexia
Kelly Couch, Mayor, Vernon
Newell Cox, Mayor Pro Tem, Teague
. Jerry Dale, Director of Finance, McAllen
Missy Davidson, Director of Human Resources, Conroe
Michael Decker, Mayor Pro Tem, Vidor
Jay Doegey, City Attorney, Arlington
Phil Dyer, Councilmember, Piano
Rod Ellis, Deputy Government Relations Officer, Austin
Debra Feazelle, City Manager, La Porte
Danny Fryar, City Administrator, Stanton
Andres Garza, City Manager, Wharton
David Gattis, Assistant City Manager, Benbrook
Mary Gauer, Mayor, Harker Heights
Linda Gossett, Court Administrator, San Angelo
. David Green, Mayor, Duncanville
Chip Haass, Council member, San Antonio
Ed Heathcott, Mayor, Jersey Village
Joe Hernandez, Commissioner, San Benito
R.C. Horn, Councilmember, Jasper
John Hrncir, Government Relations Officer, Austin
Jim Jeffers, City Manager, Nacogdoches
Dennis Jones, Mayor, Lago Vista
Kevin Keener, Mayor, Fritch
Bill Keftler, City Manager, Richardson
Michael Marcotte, Director of Public Works, Houston
Jerry Marshall, Mayor, Rotan
Roy McDonald, Mayor, West Orange
Russ McEwen, Mayor, Big Spring
Mark McGrath, Mayor, Meadows Place
Becky Miller, Councilmember, Carrollton
Susan Narvaiz, Mayor, San Marcos
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Marcus Norris, City Attorney, Amarillo
Ed Oakley, Councilmember, Dallas
Todd Pearson, Mayor, Rockport
Mike Perez, City Manager, McAllen
Sharon Prete, Director of Parks and Recreation, Round Rock
Eddie Price, Purchasing Agent, Midland
Ignacio Ramirez, Sr., City Attorney, Baytown
Raymond Ramirez, Mayor, Floresville
Lois Rice, Mayor, Canyon
Audwin Samuel, Councilmember, Beaumont
Ray Sanders, Mayor, Lockhart
Mark Scott, Councilmember, Corpus Christi
Beth Scudder, Library Director, McKinney
Charles Smith, Councilmember, Sachse
Art Sosa, Chief Building Official, Corpus Christi
Dwight Thompson, Mayor, West Lake Hills
Oscar Trevino, Mayor, North Richland Hills
Rudy Villareal, Mayor, Alamo
Melissa Vossmer, Assistant City Manager, San Antonio
David Wallace, Mayor, Sugar Land
Lonzo Wallace, Fire Chief, Temple
Ernest Wilkerson, Councilmember, Killeen
Cecil Willis, Councilmember, Stafford
Veta Winnick, Mayor, Dickinson
Robert Wood, City Manager, Flatonia
Glenn Wortham, Commissio.ner, Sweetwater
Yost Zakhary, City Manager, Woodway
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RESOLUTIONS SUBMITTED
TO THE
TEXAS MUNICIPAL LEAGUE
RESOLUTIONS COMMITTEE
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October 27, 2004
Corpus Christi, Texas
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CONTENTS
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FOREWORD. . . . . . . . . . . . . . . . . . . ." ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
RESOLUTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Resolution
Number
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2
3
4
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Short Title
Annual Conference
Report of the TML Legislative Policy
Committee on Municipal Revenue
and Taxation
Limitations on Municipal Revenue
Sales Tax Sourcing
State UniversitieslInfrastructure Fees
. and Agreements
Drainage Fee ExemptionlRepeal
Drainage Fee ExemptionIRepea1
Drainage Fee ExemptionIRepea1
Motor Fuel Sales Tax
Motor Vehicle Sales Tax
Road Damage AssessmentJFee
Street Maintenance SaleS Tax
Street Main~ce Sales Tax
Convention CenterslH~tels:
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Higher Education Atitho?:~e~ '
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Report of the ~ Le~~~~~p~li~
Committee on Regul~~~~9.f' . :'. ' .
D I 't . .,.'..........
eve opmen ': .
Submitted Bv:
TML President Terry Henley
Committee Chair Allen Owen,
Mayor, Missouri City
City of Evennan
City of North Richland Hills
City of San Marcos
City of Stephenville
City of Denton
City of San Marcos
City of College Station
City of College Station
City of Denton
City of Wind crest
City of West Orange
City of Denton
City of Denton
Committee Chair Marsha Tunnell,
Councilmember, Coppell
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Resolution
Number Short Title Submitted Bv:
17 International Family of Codes Building Officials Association of
Texas
18 Industrialized Housing City ofLago Vista
19 Report of the TML Legislative Policy Committee Chair Todd Pearson,
Committee on Personnel Mayor, Rockport
20 Retirement Systems City of Big Spring
21 Civil Service City of Killeen
22 Report of the TML Legislative Policy Committee Chair Oscar Trevino, Jr.,
Committee on General Government Mayor, North Richland Hills
23 Economic Development City of Windcrest
24 Water SupplylFederal Law City of College Station
2S Water Supply CCNslState Law Cities of Burleson, Alvarado, Keene,
Venus, Godley, and Grandview
26 State UniversitiesIPolice and City of San Marcos
Fire Services Agreements
27 Animal Control City of Big Spring
28 Speed Limits City of Coppell
29 Seaports/Security City of Seabrook
30 Mandates, Preemptions, Exemptions City of Seabrook
31 Libraries City of North Richland Hills
32 Racial Profiling City of North Richland Hills
33 US..VISIT Program City of Harling en
34 Municipal Government Education City of Rio Grande City
3S FlagsIPo~ce Honor Guards City of Harling en
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FOREWORD
City officials across the state are well aware of the fact that many significant decisions
affecting Texas cities are made by the Texas Legislature, not by municipal officials. Newly
elected mayors and councilmembers quickly realize that cities are indeed "creatures of the
state." This subservient position of cities in the state's intergovernmental system means that
the legislature can address virtually any aspect of city government.
During the 2003 legislative session, more than 5,700 bills or significant resolutions were
introduced; at least 1,200 of them would have affected Texas cities in some substantial way.
In the end, more than 1,400 bills or resolutions passed and were signed into law;
approximately 110 of them impacted cities in some way.
There is no reason to believe that the workload of the 2005 session will be any lighter; it may
be greater. And fot: better or worse, city officials will have to live with all the laws that may
be app1'()ved by the legislature. Thus, the League must make every effort to assure that
detrimental bills are defeated and beneficial bills are passed.
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The TML approach to the 2005 session will undoubtedly be guided by principles that spring
from a deeply rooted TML legislative philosophy:
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The League will vigorously oppose any legislation that would erode the
authority of Texas cities togovem their own local affairs.
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Cities represent the level of government closest to the people. They bear
primary responsibility for provision of capital infrastructure and for ensuring
our citizens' health and safety. Thus, cities must be assured of a predictable
and ,sufficient level of revenue and must resist efforts to diminish their
revenue.
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The League will oppose the imposition of any state mandates that do not
provide for a commensurate level of compensation.
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The Texas Municioal Leal!Ue's Le2islative
Policy D~YeloDment Process and Schedule
Throughout 2004, legislative policy committeeS have helped TML prepare legislative
positions. The League's legislative policy development schedule was as follows: '
March 2004 -the chairs"vice-c~ ~d members of the League's legislative policy
committees were ~ted by.th~,J'ML,President.
lfav 2004 - three le~sIaiive 'poli~: CQrnimuees met for the first time.
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JulY - AUDst 2004 ~ subCommi_ of policy committees met.
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Aumst 2004 - the General Government policy cOmmittee met.
September 2004 - the other policy _ committees met for the second and fmal
time to prepare their reports.
October 2004 - the reports of the legislative policy committees have now
gone forward to the 2004 Resolutions Committee for consideration.
October 2004 - the recommendations of the Resolutions Committee will go
forward for consideration by the TML membership on the final day of the
Annual Conference at the 20M' annual business meeting (Friday, October 29).
December 2004 - the TML Board will finalize the League's 2005 legislative
program based on resolutions passed in both 2003 and 2004.
Some SU22estions for Committee Members
- As can be seen from the section above, the 2004 Resolutions Committee is just one
component - but a very important component - of the 1ML legislative policy development
process. As integral parts of that process, members of the Resolutions Committee can
significantly impact the outcome of the 2005 legislative session. Therefore, they should keep
in mind the following:
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1.
There is a oracticallimit to what the Leame - or anv 2I"Ouo. for that
matter - can accomplish in anv tentative session. It is obvious that all
resources - human, financial, and political - are limited, and no group can
hope to achieve all its legislative objectives. The most powerful interest
groups in the state sometimes come away from a legislative session bruised
and battered. On occasion, the best that can be expected is that no harm be
done. '
2.
TML will emend the vast maioritv of its resources IdIIinI! bad biDs. This
bas always been so and will probably always be the case. At one point during
the 2003 regular session, the League, was monitoring more than 1,200 bills or
resoluti~ns, many of which were bad for cities. The League's legislative
philosophy has traditionally been, first and foremost, to defeat bad legislation
and, secondarily, to seek pasSage of beneficial legislation as time, resources,
and political realities pe~t.
It is unlikelY that aDV'''oth~~ liaterest 2I"OUO in the state moniton and
opposes as many bills ~ does the Texas Munieipal Le8I!Ue. During recent
legislative sessio~ ~e,,~'too~ steps-to oppose bad legislation dealing
with everything ,from':.8lineXatiori to" zoning and from birth records to
cem~es~ The breadth of the League's legislative focus becomes obvious
each year when TML',' ~mpl~ and subDlits its state-mandated lobbyist
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registnition fonn. One schedule of the form asks which of 83 subject matters
are of interest to TML. Of the 83, only nine fall outside the League's areas of
interest '
Unfortunatelv. the number of bad citv-related biDs has I!rOWD
dramatically in recent van. (please see the chart below.) As a result, the
League has been forced to expend an ever-greater percentage of its resources
simply fending off bad ideas. The number of bills to be opposed will probably
grow again in 2005.
Total Bills Total BiDs City-Related City-Related
Year Introduced * Passed ' Bills Introdueed Bills Passed
1985 4,151 1,039 300+ 80+
1987 4,343 1,204 420+ 175+
1989 5,256 1,339 625+ 180+
1991 4,684 970 840+ 180+
1993 4,560 1,089 800+ 140+
1995 5,147 1,101 800+ 140+
1997 5,741 1,502 1,100+ 130+
1999 5,908 1,638 1,230+ 130+
2001 5,712 1,621 1,200+ 150+
2003 5,754 1,403 1,200+ 110+
· Includes bills and ro osed Constitutional amendments; re ar session onl .
3.
Given the Leane's finite resources and because vast amounts of those
resources are necessarilv" emended in defeatine: bad lel!islation. the
Leane must very carefuDv select billi for whieh it will attemot to find
soonson and seek Daisae:e. In recent years, it has become obvious that a
sharply focused legislative program is more likely to lead to success than is a
very large and 'wide-langiiJ.g program. This happens primarily because
securing the spo~p ,of. a bill that has a low probability of passage
requires a'1aTge amount of time and political resOurces. Thus. it is imDortant
to advoCate only those initiatives that are truIv imoortant and that have a
reatistie chance 01 Dassae:e.>:' "'
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How can the 'ooDimiuee, identify'initiatives that are truly significant and that
merit a plaCe' in the. ~ legislative program? Committee members may wish
to ask the follo~:~onS ~ut each discussion item:
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. Does the initiative address a .centralmunieipaI value, or is it only
indirectly related to munieipal government?
. Does the initiative ~ddress a eontemporary munieipal eoneern,
sueh as erosion of loeal eontrol and preservation or enhaneement
of munieipal revenue?
. Will the initiative be vigorously opposed by strong interest groups
and, if so, will member eities eommit to eontributing the time and
effort necessary to overcome that opposition?
. Is this initiative, when eompared to othen, important enough to be
part ofTML's list of priorities?
. Is this initiative one that city offieials, more than any other group,
should and do eare about?
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The foregoing suggestions are not meant to imply that TML can't pass good, solid
legislation. It can, it has in the past, and it will again. The suggestions are meant merely to
emphasize the fact that any group, to succeed, must use its resources aDd its political strength
wisely and selectively.
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The committee should also keep in mind that there is a difference between "seek introduction
and pasSage," "support," and "endorse." .
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Seek Introduetlon and Passal!e means that the League will attempt to find a
sponsor, will provide testimony, and will otherwise actively pursue passage.
Bills in this ~gory are known as "TML bills." These bills require an
enormous amount of time and resources. and the eommittee should be
very cautious about outtinl! items in this eatee:orv.
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initiative if it is introduced by some other entity. These bills eonsume a I!re8t
deal of time and resOUreel.
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actively pmsue passage.
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1.
A RESOLUTION
OF APPRECIATION TO rnOSE
WHO CONTRIBUTED TO mE SUCCESS
OF mE 20041ML ANNUAL CONFERENCE
WHEREAS, the Texas Municipal League has concluded a conference that was highly
informative and enjoyable; and
WHEREAS, the delegates to this conference wish to express their sincere appreciation to the city
officials and citizens of the City of Corpus Christi and to others who contributed to the success
of our conference; .
NOW, lHEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the following officials and organizatiQns be
given partieular thanks and appreciation for time and services rendered abundantly both prior to
and during the conference:
1.
The Honorable Loyd Neal, Jr., Mayor of the City of Corpus Christi; members of
the Corpus Christi City Council; and other officials and employees of the host
city, all of whom contributed to the success of the 2004 Annual Conference.
2. Speakers and program participants who so ably addressed our various sessions
and served as discussion leaders; the city officials who presided over sessions of
the League and departmental organizations; members of committees and the
Board of Directors of the Texas Municipal League; members of the League staff;
and all others who participated in the preparation of the conference program.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
AlTEST:
Frank StmzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: TML Legislative Policy Committee on Municipal Revenue and Taxation
Brief Background: This resolution is the report of the TML Legislative Policy Committee on
Municipal Revenue and Taxation. It represents the culmination of the work undertaken by the
committee members. In this resolution, the committee makes its recommendations regarding
legislative priorities.
What the Resolution is Intended to Accomplish: This resolution and the accompanying
committee report are intended to assist the membership and the TML Board in identifying priority
legislative issues. Most, if not all, of the issues described in the report are self-explanatory. Any of
the issues can be fully described and explained by committee members and/or the 1ML staff
during the Resolutions Committee meeting and the Annual Business Meeting.
Bow the Resolution is City-Related I How it Addresses a Municipal Issue: This resolution
addresses i$sues that have been identified as city-related by committee members.
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Statewide Importance: The issues addressed in this resolution and committee report are of
statewide importance almost by definition. The committee included members from each part of the
state, and.the committee members carefully considered statewide importance - and other factors-
when making their recommendations.
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For further information: Frank Sturzl
TML Executive Director
512-231-7400
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2.
A RESOLUTION
ADOPTING mE REPORT OF mE
20041ML LEGISLATIVE POLICY COMMITTEE
ON MUNICIPAL REVENUE AND TAXATION
WHEREAS, the 2004 TML Legislative Policy Committee on Municipal Revenue and Taxation
was appointed by TML President Teriy Henley in early 2004; and
WHEREAS, more than 30 municipal officials from cities of every size across the state served on
the committee; and
WHEREAS, the committee studied numerous issues relating to revenue and taxation; and
WHEREAS, the committee has completed its work and has drafted the attached report;
NOW, mEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the attached report of the TML Legislative
Policy Committee on Municipal Revenue and Taxation be accepted and adopted.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
AlTEST:
Frank Sturzl
Executive Director
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REPORT OF THE TML LEGISLATIVE POLICY COMMl'ITEE ON
MUNICIPAL REVENUE AND TAXATION
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Seek introduction and DaSSal!e of legislation that would:
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A. permit a combined ballot proposition to simultaneously reduce or eliminate
one optional sales tax while raising or enacting another optional sales tax.
B. remove the four-year sunset for future street maintenance sales tax elections.
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SUDDort legislation that would:
A. permit cities to exceed the two-percent local sales tax cap for transportation
revenue purposes.
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B. enhance a city's ability to collect delinquent city fines, provided that: (1) the
legislation results in a net revenue gain for the city; and (2) if the legislation
involves participation in a statewide fine collection progi'am, it permits
apportionment of partial fine payments between the city and the state.
m. Endone legislation that would: '
A. apply hotel occupancy taxes to RV parks.
IV.
ODDose legislation that would:
A. impose additional state court costs or fees in municipal court.
B. "streamline" utility taxes or fees to the detriment of cities.
c. permit waiver of appearance at a municipal court trial.
D. limit ~ city's municipal court jurisdiction in its extraterritorial jurisdiction.
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E. enact a property tax exemption that would substantially erode the tax base.
F. reduce the ~ groWth cap established in current law.
G., impose revenue caps of ~Y type'-
H. impose a property tax'~' that caD be implemen~ by any mechanism other
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I. make any substantiy.e::~~~~~to' the Composition or selection of appraisal
district boards of directOrs.'~Or appraisaIlWiew boards.
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J. enact sales tax exemptions that substantially erode the tax base.
K. change curren~ law regarding the sales tax sourcing of goods.
L. expand election requirements for issuance of any city debt.
Take no Dosition on legislation that would:
A. impose a constitutional cap on court tines and fees at current levels.
B. alter current law regarding purchasing corporations, and instruct 1ML staff
to monitor the impact of the 2003 legislation.
c. alter current law regarding CHDO's, and instruct TML staff to monitor the
impact of the 2003 legislation.
D. enact a smaIl property tax exception that would serve some social good.
E. enact a smaIl sales tax exemption that would serve some social good.
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2004
TML RESOLUTION COVER SHEET
SpOD8orlDg EDtlty: City of Everman
(City;TML Affiliate, and/or TML Region)
Brief Background: The City is fearful that when the Texas Legislature addresses
school finance and tax system"l"reforms, any likely proposals to limit the ability
of cities to collect property taxes and sales taxes are likely to be brou2ht up
and these additional restrictions would have a negative impact on our city services.
employees and our economic development.
WhattheResolutioD is IDtended to Accomplish: To show opposition to any school finance
or tax system reforms that would negatively affect city revenues and economic
development efforts.
How the ResolutioD is City-RelatedlHow it Addresses a MuDiapal Issue: ,This would neaatively
impact the ability of the city to provide basic essential serv~ces. conduct economic
develonment activiti~s. and ensnre:'puhH r R~-F'"t"y ny H..... tiDS oyr a1il11it~'. lileyoglil
provisions of current law. to collect property tax or sales tax revenues.
Statewide ImportaDce: Would ultimately have a severe ne2ative imnact on all citizens
of the State of Texas.
Submitted By: Name: Judy Th'ompso~.. '.', :,
Title:
City Secre.tati:".. -::,
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Telephoae: 817-293-0525 '
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A RESOLUTION
OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS TIIAT WOULD
NEGATIVELY AFFECT CITY REVENUES AND
ECONOMIC DEVELOPMENT EFFORTS
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WHEREAS, it is likely that the Texas Legislature will address school finance and tax system
reforms in the near future; and
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WHEREAS, during these deliberations by the Texas Legislature, proposals to limit the ability of
cities to collect property taxes and sales taxes are likely to be offered by some members of the
Legislature; and
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WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax
administration by Texas cities; and
WHEREAS, all Texas cities combined collect only 15.3 percent ofall property taxes collected in
the State of Texas, while schools collect more than 60 percent; and
WHEREAS, between 1985 and 2002, the municipal share of all property tax revenue fell from
20.3 percent to 15.3 percent; and
WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, to ensure public safety
through police and fire deparbnents, and to provide numerous essential services for city
residents, who are 80 percent of the state's population; and
WHEREAS, Texas cities engage in numerous economic development activities that produce jobs
and revenue for the entire State of Texas; and
WHEREAS, cities must meet the challenges ofhomelarid security and compliance with state and
federal mandates, many of which are unfunded mandates; and
WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good
stewards of taxpayers' money; and
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WHEREAS, efforts to limit th~ ability of ~ities to collect sales and property tax revenues or to
set tax rates would have sev~ negative iuipacts on city services, city employees, economic
development efforts, and u1timatel:r the ci~o~the state of Texas;
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NOW, THEREFORE, BE q ~SOL YED, by the 'delegates assembled at this 2004 Annual
Conference of the TexasMUi1icipal:'~ ~,th~ League oppose all school ~ce or tax
reform efforts by the T~ Legis~ ,~.~01ild ~~gatively' impact the ability of cities to
provide basic essential services;,:. ~~~~',:;~~oUiic devel~pnent activities, and ensure public
safety by limiting their abilitY,- beYori~',tf.1~:.'pro~sions 'of current law, to collect property tax or
sales tax revenues. ' --" '",. .
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PASSED AND APPROVED, by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
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President
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Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: North Richland Hills
Brief Background: The Streamlined Sales Tax Project (SSTP), as it was originally
conceived, was intended to be a way for states and cities to collect sales taxes on remote sales,
such as catalogue and Internet purchases. Since its conception the SSTP has reversed cities prior
understanding of the way in which sales taxes were sourced. Because of objections for cities,
sales tax sourcing was not addressed in the 2003 bill that the 78th Texas Legislature passed to
enact most of the Streamlined Agreement.
What the Resolution is Intended to Accomplish:
H.B. 2425 charged the state comptroller
with conducting a study of the impacts of the sourcing change on local governments. The results
of that study would require legislative action to address the sourcing issues in the Streamlined
~greement. This Resolution intends to oppose changes to sales tax law that promotes point of
destination sales tax sourcing.
How the Resolution is City-RelatedlHow it Addresses a Municipal Issue:
A point of
destination sourcing system would have negative impacts to sales tax revenues generated within a
many Texas cities. North Richland Hills estimates that we could lose $2.3 million as a result of
the sourcing change. ,
Statewide Importance:
A point of destination sales tax sourcing system would mean that
cities in the State would be collecting less sales tax revenue than they currently collect under the
point of origin system.
Submitted By:
Name: Paulette Hartnuul,
Title: ,~s~t: ~ the City Manager
City: 'North~chiandHiI1s :.
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4.
A RESOLUTION
OPPOSING CHANGES TO SALES TAX LAW TIlAT PROMOTE
POINT-OF-DESTINATION SALES TAX SOURCING
WHEREAS, many cities provide services through the collection of sales taxes; and
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WHEREAS, sales taxes make up substantial portions of most cities' general operating budget;
and
WHEREAS, current sales tax sourcing operates in a point-of-origin nature; and
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WHEREAS, philosophy shifts in the Streamlined Sales Tax Project have changed from point-of-
origin to point-of-destination sales tax sourcing; and
WHEREAS, changes in sales tax sourcing to point-of-destination would result in detrimental
losses to many cities' revenues; and
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WHEREAS, the State Comptroller is currently studying the impact of the sourcing change on
local governments;
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NOW, TIIEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League oppose any change to sales tax
sourcing that promotes point-of-destination.
....
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ATTEST:
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Executive Director
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,2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: The City of San Marcos
Brief Background: State universities are valuabl~ assets in host communities throughout
the State of Texas. They serve their core purpose of providing higher education, and they
also provide employment opportunities and contribute indirectly to local revenue through
sales taxes on purchases by students, faculty and staff members.
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State university facilities also contribute significantly to demands for city infrastructure
funded with general fund revenues, such as streets, sidewalks, and fire and police
stations. In several cases, enrollment at a state university's facilities is more than 50% of
the resident population of its host city. Because state university property is exempt from
property taxes, however, universities have traditionally made no direct payments to their
host cities to contribute to the cost of infrastructure needs funded with general fund
revenues. The result is that the cost for this infrastructure is borne by the taxpayers in the
host cities.
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What tbe Resolution is Intended to Accomplish: State law should expressly provide
for state universities to charge fees to cover the cost of city infrastructure related to
university facilities, and to enter into agreements with cities to contribute to the cost of
this infrastructure. These payments would result in significant good will for the
universities, and a much more equitable situation than the current system that imposes the
financial burden for this infrastructure on the cities' taxpayers.
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Statewide Importance: State universities are located in host cities throughout the state.
A change'to state law to expressly authorize state universities to charge fees and enter
into agreements with their host cities to contribute to the cost, of university-related
infrastructure' would create opportunities for university-city partnerships in all of these
. communities.
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Submitted by:
Name: Susan Narvaiz
Title: Mayor
City: San Marcos
Telephone: 512/393-80,85
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5.
A RESOLUTION
SUPPORTING LEGISLATION RELATED TO THE
COST OF CITY INFRASTRUCTURE
WHEREAS, state universities are valuable assets in host communities throughout the State of Texas, and
they serve their core purpose of providing higher education, while also providing employment
opportunities and contributing indirectly to local revenue through sales taxes on purchases by students,
faculty, and staff members; and
WHEREAS, state university facilities also contribute significantly to demands for city infrastructure
funded with general fund revenues, such as streets, sidewalks, and fire and police stations; and
WHEREAS, in several cases, enrollment at a state university's facilities is more than 50 percent of the
resident population of its host city; and
WHEREAS, because state universlty property is exempt from property taxes, however, universities have
traditionally made no direct payments to their host cities to contribute to the cost of infrastructure needs
funded with general fund revenues, and the resuh is that the cost for this infrastructure is borne by the
taxpayers in the host cities; and
WHEREAS, state law should expressly provide for state universities to charge fees to cover the cost of
city infrastructure related, to university facilities, and to enter into agreements with cities to contribute to
the cost of this infrastructure, because these payments would resuh in' significant good will for the
universities, and a much more equitable situation than the current system that imposes the fmancial
burden for this inftastructure on the cities' taxpayers;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual Conference of
the Texas Municipal League that the League support the enactment of legislation that would expressly
authorize state universities to charge fees to cover the cost of city infrastructure related to university
facilities, and to enter into agreements with cities to contribute to the cost of this infrastructure.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29* day of October,
2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
A1JEST:
Frank SturzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
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Sponsoring Entity: City of Stephenville, Texas
Brief Background: In the waning moments of Seventy-Eighth Texas Legislative
session, a provision was added to House Bill 2425 relating to storm water fee
exemptions. The amendment provided that public universities and state agencies shall be
, exempt from the payment of any fees associated with the development or maintenance of
programs and facilities for the control of storm water. The immediate impact of the
amendment is to eliminate 11 % of anticipated revenues relating to the storm water utility
in the City of Stephenville.
What the Resolution if Intended to Accomplish: The resolution is intended to repeal
Section 430.003 of the Local Government Code, relating to storm water utilities. This
would cause public universities and state agencies to fully participate in the funding of
storm water utilities.
How'the Resolution is City-Related: By allowing for the creation of storm Water
utilities, the legislature provided a means whereby cities could more equitably address
long-standing infrastructure problems. Many of the exempted agencies are the largest
single contributors to storin water runoff in their respective communities. The resolution
seeks to restore a more fiscally responsible cost-sharing methodology, as originally
envisioned by the legislature.
Statewide Importance: Public universities in Texas are not uniquely located in large
cities. Many small to medium-sized communities are home to public institutions of
higher education. As amended, the law unfairly affects small cities that host public
universities. These same universities do not contribute, through ad valorem taxation, to
the fimding of public services~ It is only a matter of time before additional exemptions
(school districts, county governments, etc.) are added to the list of exempted
organizations.
Submitted By:
Mark A. Kaiser
Interim City Administrator
Stephenville, Texas
254-918-1225
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6.
A RESOLUTION
SEEKING THE REPEAL OF SECTION 430.003,
LOCAL GOVERNMENT CODE
WHEREAS, House Bill 2425, relating to state fiscal matters, was filed on March 12,2003, with the 78th
Texas Legislature; and
WHEREAS, an amendment to said bill was filed by Senator Mario Gallegos on May 27, 2003, shortly
before the bill's passage, which amendment exempts a state agency or public institution of higher
education from any fee charged for development or maintenance of program or facilities for the control of
excess water or stonn water; and
WHEREAS, the filing of this eleventh hour amendment was designed solely for the purpose of exempting
the University of Houston and to thwart public input; and
WHEREAS, the effects of the exemption granted by this amendment are enumerated as follows:
. Places an unfair burden on residents and business entities to pay for drainage issues
originating largely from state-owned premises.
. Negates the original intent of the enabling legislation whereby all storm water
contributors w~ made a part of the solution to the problein
. Stalls resolution of storm water problems in many Texas mUnicipalities.
. Delays the implementation and resolution of National Pollutant Discharge Elimination
System requirements.
. Paves the way for future exemptions that mayor may not include public and private
school districts, religious institutions, non-profit organizations, and county governments.
. Results in a loss of revenue from storm water drainage fees.
NOW, THEREFORE, BE IT RESOLVED ,by the delegates assembled at this 2004 Annual Conference of
the Texas Municipal League that Section 430.003 of the Local Government Code be repealed.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October,
2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ATTEST:
Frank SturzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Denton
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Brief Background: During the 2003 regular session, the legislature enacted legislation
in that exempts state properties and public institutions of higher education from paying
municipal storm water utility fees. See, Section 430.003 of the Texas Local Government
Code, as added by the 78th Legislature, Regular Session. Floor amendment #2 to H.B. 9
(78th Legislature, SeCond Called Session) would have exempted private institutions of
higher learning from paying a drainage utility fee. This bill did not pass. These entities '
benefit from the flood prevention and storm water control provided by city storm water
utilities. All entities should pay their fair share of the city's efforts to prevent flooding
and to respond to costly federal mandates relating to storm water run-off.
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What the Resolution is Intended to Accomplish: The resolution asks TML to support
legislation repealing Section 430.003 of the Texas Local Government Code.
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How the Resolution is City-RelatedIHow it Addresses a Municipal Issue: Repealing
this exemption of state properties and public institutions of higher education from paying
a drainage fee will keep the fee payments equal and uniform.
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Statewide Importance: Any city may charge a drainage utility fee under Section 430 of
the Texas Local Government Code. Cities should have the ability to determine the
exemptions, not the state.
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Submitted By:
Name:
Title:
City:
Telephone:
Honorable Euline Brock
Mayor of the City of Denton
Denton, Texas
(940) 349-7717
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7.
A RESOLUTION
SUPPORTING LEGISLATION THAT REPEALS SECTION 430.003 OF
mE TEXAS LOCAL GOVERRNMENT CODE,
mE DRAINAGE EXEMPTION FOR STATE ENTITIES
WHEREAS, during the 2003 regular session, the legislature enacted legislation that exempts
state properties and public institutions of higher education from paying municipal storm water
utility fees: and
WHEREAS, these state properties and public institutions of higher education benefit from the
flood prevention and storm water control provided by storm water utilities, and to continue to
exempt them would cause other private and public entities to seek exemptions from municipal
drainage fees; and
WHEREAS, these state properties and public institutions of higher education should pay their
proportional share of a city's efforts to prevent flooding and to respond to costly federal
mandates relating to storm water run-off;
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NOW, lHEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League support legislation repealing Section
430.003 ,of the Texas Local Government Code, the state properties and public institutions of
higher education exemption from municipal drainage fees.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
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APPROVED:
Teny Henley
President
ArrEST:
Frank SturzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: The City of San Marcos
Brief Background: State universities are valuable assets in host communitie~ throughout
the State of Texas. They serve their core purpose of providing higher education, and they
also provide employment opportunities and contribute indirectly to local revenue through
sales taxes on purchases by students, faculty and staff members.
....
State university facilities also contribute significantly to demands for city infrastructure
and programs funded with drainage utility fees. Moreover, regulations of the u.s.
Environmental Protection Agency are requiring more Texas cities to control water
pollution from stonnwater runoff. In spite of the need of cities for a revenue stream to
meet this unfunded federal mandate, the 78th Texas Legislature enacted a statute (Section
430.003 of the Local Government Code) exempting state universities from paying
drainage utility fees. The legislature did not adopt concurrent legislation requiring state
universities to provide, at their own expense, for control of excess water or storm ~ater
caused by or attributable to their facilities. The cost for needed drainage infrastructure
and programs is therefore borne by the property owners and residents in the host cities.
The year prior to the exemption, Texas State University - San Marcos paid approximately
$82,000.00 in drainage utility fees.
....
What the Resolution is Inte~ded to Accomplish: State law should be changed to once
again allow state universities to bear the costs of drainage infrastructure and programs
associated with their facilities. Payments towards these costs would result in significant
good will for the universities, and a much more equitable situation than the current
system that imposes the financial burden for these costs on the cities' property owners
and residents.
Statewide Importance: State universities are located ,in ~ost cities throughout the state.
A change to state law to once again allow cities to charge drainage utility fees to state
universities would create opportunities for all of these communities to fairly recover the
cost of drainage infrastnicture and programs associated with university facilities.
Submitted by: Name: Susan Narvaiz
Title: Mayor
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- City: San Marcos
l'elephone: 512/393-8085
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8.
. A RESOLUTION
SUPPORTING LEGISLATION TO REPEAL mE EXEMPTION OF
STATE UNIVERSITIES FROM CITY DRAINAGE UTILITY FEES
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WHEREAS, state universities are valuable assets in host communities throughout the State of
Texas, and they serve their core purpose of providing higher education, while also providing
employment opportunities and contributing indirectly to lo~ revenue through sales taxes on
purchases by students, faculty, and staff members; and
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WHEREAS, state university facilities also contrib~te significantly to demands for city
inftastructure and programs funded with drainage utility fees; and
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WHEREAS, regulations of the U.S. Environmental Protection Agency are requiring more Texas
cities to control water pollution from stormwater runoff; and
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WHEREAS, in spite of the need of cities for a revenue stream to meet this unfunded federal
mandate, the 78th Texas Legislature enacted a statute (Section 430.003 of the Local Government
Code) e~empting state universities from paying drainage utility fees, but the legislature did not
adopt concurrent legislation requiring state universities to provide, at their own expense? for
control of excess water or storm water caused by or attributable to their facilities; ~d
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WHEREAS, the cost for needed drainage infrastructure ~d programs is therefore borne by the
property QWI1ers and residents in the host cities, and the year prior to the exemption, Texas State
University - San Marcos paid approximately $82,000.00 in drainage utility fees; and
WHEREAS, state law should be changed to once again allow state universities to bear the costs
of drainage inftastructure and programs associated with their facilities; and
WHEREAS, payments towards these costs would result in significant good wlll for the
universities and a much more equitable situation than the current system that imposes the
financial burden for'these costs on the cities' property owners and residents;
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NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League support the enactment of legislation
that would amend Section 430.003 of the Local Government Code to remove the exemption of
state universities from' city drainage utility fees. .
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PASSED 'AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
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Frank SturzI
Executive Director
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APPROVED:
Terry Henley
President
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of College Station
Brief Background: Presently Texas cities, unlike the State of Texas, are not given
legislative authorization to collect a sales tax on motor fuel sales that occur within a city.
Sales tax is important revenue source for basic city services such as street maintenance.
What the Resolution is Intended to Accomplish: To provide Texas cities with the
legal authorization to collect a sales tax on motor fuel sales within their city.
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How the Resolution is City-RelatedIHow it Addresses a Municipal Issue: Providing
Texas cities with this authorization will provide a much needed revenue stream that could
be dedicated for street repair and maintenance.
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Statewide Importance: The ability of Texas cities to have additional revenues for street
repair and maintenance is critical since a majority of Texans now live in'cities, IE- we
are now an urban state. Texas cities provide a majority of the infrastructure that Texans
use on a daily basis.
Submitted By: Name: Ron Silvia
Title: Mayor
City: College Station
Telephone: 979/764-3511
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9.
A RESOLUTION
REQUESTING TEXAS crriEs BE GRANTED AUTIlORIZATION TO
LEVY AND COLLECT A MOTOR FUEL SALES TAX ON
GASOLINE SALES TIIAT OCCUR WITHIN mEIR CITY
WHEREAS, Texas cities rely heavily on a local, municipal sales tax to finance their basic
services such as street i'naintenance; and
WHEREAS, Texas cities do not have the legislative authority to assess and collect a sales tax on
motor fuel sales; and
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WHEREAS, Texas cities do not receive financial aid from their state government as do some
cities in other states, and Texas cities' existing revenue sources are not adequate to meet the
demands for semce; and
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WHEREAS, this municipal motor fuel .sales tax could be dedicated to pay for much-needed
street maintenance for Texas cities which provide for a large portion of the surface transportation
needs of the state's increasingly urban population;
NOW, THEREFORE,' BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League pursue legislation to give Texas
cities legislative authority to collect a sales tax on motor fuel sales that occur within that city.
PASSED AND APPROVED by the membership of the Texas MUnicipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
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Terry Henley
President
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Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of College Station
Brief Background: Presently Texas cities, unlike the State of Texas, are not given
legislative authorization to collect a sales tax on motor vehicle sales that occur within a
city. Sales tax is important revenue source for basic city services such as street
maintenance.
What the Resolution is Intended to Accomplish: To provide Texas cities with the
legal authorization to collect a sales tax on motor vehicle sales within their city.
How the Resolution is City-RelatedIHow it Addresses a Municipal Issue: Providing
Texas cities with this authorization will provide a much needed revenue stream for basic
services such as street repair and maintenance.
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Statewide Importance: The ability of Texas cities to have additional revenues for street
repair and maintenance as well as other basic municipal services is critical since a
majority of Texans now live in cities, IE- we are now an urban state. Texas cities
provide a majority of the infrastructure that Texans use on a daily basis.
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Submitted By: Name: Ron Silvia
Title: Mayor
City: College Station
Telephone: 979/764-3511
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10.
A RESOLUTION
REQUESTING TEXAS CITIES BE GRANTED AUmORIZATION
, TO LEVY AND COLLECT A MUNICIPAL SALES TAX ON
MOTOR VEIDCLE SALES IN THEIR CITY
WHEREAS, Texas cities rely heavily on a local, municipal sales tax to finance their basic
services such as street maintenance; and
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WHEREAS, Texas cities have not been granted legislative authority to assess a sales tax on
motor vehicle sales as does the State of Texas; and
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WHEREAS, Texas cities do not receive financial aid from their state government as do cities in
some other states, and Texas cities~ existing revenue sources are not adequate to meet the
demands for municipal services; and
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WHEREAS, this additional sales tax stream would provide much-needed street maintenance
funds for Texas cities which provide for a large portion of the surface transportation needs of the
state's increasingly urban population;
NOW, TIIEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League pursue legislation to' give Texas
cities legislative authority to collect a sales tax on motor vehicle sales that occur within that city.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ATTEST:
Frank StmzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
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Sponsoring Entity: City of Denton
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Brief Background: 830 gas wells were completed in the State of Texas, in July of this
year, which surpassed the previous record set in March according to Texas Railroad
Commissioner Charles Matthews. Gas well drilling in the Barnett Shale, which stretches
over a large portion of Texas, is causing a tremendous amount of road damage in cities
and within a city's extraterritorial jurisdiction. Many cities use road damage agreements
to recover money to repair these damaged roads. Legislation is needed that provides for a
method of road assessment damages or increased fees paid by heavy trucks in using city,
county or state roads for gas well drilling. In addition, this resolution asks for support for
, legislation for road damage assessments or fees paid by' heavy trucks, who damage city
roads other than heavy trucks related to gas well driI1ing.
What the Resolution is Intended to Accomplish: This resolution asks TML to sUpport
legislation that provid~s for a method of road assessment damages or increased fees paid
by heavy trucks in using city, county or state roads.
How the Resolution is City-RelatedIHow it Addresses a Municipal Issue: This
legislation would allow cities, counties or the state to collect an up front road assessment
damage or fee for damage to roads because of heavy trucks.
Statewide Importance: Gas well drilling is at an all time high through out Texas. Many
city roads inside or within a city's extraterritorial jurisdiction are being damages by
heavy truck traffic related to gas well drilling. .
Submitted By:
Name:
Title:
City:
Telephone:
Honorable EuUne Brock
Mayor of the City of Denton
Denton, Texas
(940) 349-7717
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11.
A RESOLUTION
SUPPORTING LEGISLATION FOR A MElHOD OF
ROAD ASSESSMENT DAMAGES OR
INCREASED FEES PAID BY HEAVY TRUCKS IN
USING CITY, COUNTY, OR STATE ROADS
.,
WHEREAS, the cities in North Texas are experiencing a tremendous amount of road damage as
a result of gas well drilling in the Barnett Shale; and
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WHEREAS, legislation is needed that provides for a method of road assessment damages or
increased fees paid by heavy trucks in using city, county, or state roads;
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NOW, lHEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League support legislation that provides for a
method of road assessment damages or increased fees' paid by heavy trucks in using city, county,
or state roads.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ATTEST:
Frank Sturzl
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring entity: City ofWindcrest
(City. TML Affiliate, and/or TML Region)
Brief Backgrouad: Chapter 327. Munici,pal Sales and Use Tax for Street Maintenance. of the
Texas Tax Code provides the C8,pabifity to implement a sales and use tax of % of 1% for street
maintenance for only a four year period. For continuation. an election must reauth0ri7..e the tax. but
again only fur a four year period. Street maintenance expenses don't go away. they just increase
over time. A reauthorization period should be fur ten years if not permanent.
What the ResOlutiOD is Iateaded to Accomplish: When an election is held to reauthorm, the
initial implementation of the sates tax. the reauthorized duration period fur the sales tax should be a
minimum often years and/or ideally made permanent Unless an election repeals it.
How the Resohition Is City-RelatedlHow it Addresses a Manidp~ Issue: The Street
Maintenance Sales Tax authority can be used and helpful to all cities. The Legislature ~d
that street repairs were the largest expense o~ most smaD cities and that l'e!Jair needs were 8221'8Vated
by non-residents who used city streets. Thm: non-residents share the ex;pense of street rej)airs.
Statewide Importance: This change would be a-P'plicable for aD cities who have implemented or
are contemplating the implementation of the street maintenance sales tax.
Submitted By:
Name: 1ack Leonhardt
TItle: Mayor
City: W'mdcrest
Telephone: (210) 599-2599 mavor@ci.windcrest.tx.~_
PLEASE DO NOT WRITE ,ON THE BACK OF TInS FORM
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12.
A RESOLUTION
URGING 1HE TEXAS LEGISLATURE TO
EXTEND THE AUTHORIZED TERM FOR
THE COLLECTION OF MUNICIPAL SALES AND USE TAXES
FOR STREET MAINTENANCE
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WHEREAS, the City of Windcrest, Texas, is a smaIl city within the State of Texas which has
adopted a Municipal Sales and Use Tax for street maintenance as authorized by Chapter 327 of
the Texas Tax Code; and
WHEREAS, it would be beneficial to small cities for Chapter 327 to be amended to authorize a
longer or indefinite term for continuation of such Municipal Sales and Use Tax for street
maintenance;
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WHEREAS, continuation of such Municipal Sales and Use Tax requires an election every four
(4) years; and
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference oftbe Texas Municipal League that the League urge the Texas Legislature to amend
Chapter 327 of the Texas Tax Code to authorize the collection of Municipal Sales and Use Taxes
for street maintenance for a longer or indefinite term instead of the fom (4) years provided by
current law, since such Municipal Sales and Use Taxes for street maintenance promote the
health, safety, and welfare of the citizens of all smaIl communities and should not require the
expense and uncertainty of a new election every four (4) years to extend the term of such
beneficial source of revenue.
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PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry HenleyhPresident
ATTEST:
Frank Sturzl
Executive Director
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The following resolution from the City of West Orange has no cover sheet.
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13.
A RESOLUTION
SUPPORTING AN AMENDMENT TO CHAPTER 327 OF 1HE TEXAS TAX CODE TO
REMOVE 1HE FOUR-YEAR EXPIRATION REQUIREMENT FOR
1HE STREET MAINTENANCE TAX
WHEREAS, H.B. No. 445 became effective on September 1, 2001, allowing citizens of
municipalities to vote to impose a sales tax rate increase of one-fourth of one percent for the
purpose of municipal street maintenance; and
WHEREAS, this sales tax for ~unicipal street maintenance is a popular and effective tool used
by cities to maintain and promote the efficiency and safety of its transportation system; and
WHEREAS, this Act included a sunset provision, requiring that the street tax expire after four
years, unless an additional election is held and the tax is re-approved; and
WHEREAS, streets, by their nature, deteriorate over time; and
WHEREAS, street maintenance is a perpetual need of every municipality;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League support legislation that would amend
Chapter 327 of the Texas Tax Code to remove the four-year expiration requirement of the street
maintenance tax.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
ATIEST:
Frank Sturzl
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Denton
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Brief Background: Many cities in Texas need convention centers'- Convention center
funding is necessary for the construction, maintenance and operation of convention
centers. State legislation is needed for funding options, including funding for
, maintenance and operation, of city owned or city/private partnerships for convention
, centers, including hotels. This resolution asks the Texas Municipal League for its
support for legislation for convention center funding options, which includes funding for
convention hotels.
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What the Resolution is Intended to Accomplish: This resolution asks for support for
changes in state law for funding options, including funding for maintenance and
operation, of city oWned or city/private partnerships for convention centers, including
hotels.
How the Resolution is City-RelatedIHowit Addresses a Municipal Issue: This
resolution would proVide revenue for the construction, maintenance and operation
convention centers Qr convention center facilities, including hotels.
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StateWide Importance: Many cities in Texas are not able to fund the construction,
maintenance and operation convention centers or convention center facilities, including
hotels.
Submitted ~y:
Name:
Title:
City:
Telephone:
Honorable Euline Brock
Mayor of the City of Denton
Denton, Texas
(940) 349-7717
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14.
A RESOLUTION
SUPPORTING LEGISLATION FOR FUNDING OPTIONS,
INCLUDING FUNDING FOR MAINTENANCE AND OPERATION, OF
CTIY-OWNED OR CITYIPRIV ATE PARTNERSHIPS FOR
CONVENTION CENTERS, INCLUDING HOTELS
WHEREAS, convention center :funding is necessary for the construction; maintenance, and
operation of convention centers, including hotels; and
WHEREAS, state legislation is needed for funding options, including funding for maintenance
, and operati()n, of city-owned or city/private partnerships for convention centers and convention
center hotels;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League support legislation for funding
options, including funding for maintenance and operation, of city-owned or city/private
partnerships for convention centers, including convention center hotels.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ArrEST:
Frank Sturzl
Executive Director
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2004
. TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Denton
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Brief Background: Chapter 53 of the Texas Education Code permits a city to create a
higher education authority or a nonprofit corporation to exercise powers similar to those
ofan authority. The nonprofit organization can issue tax-exempt bonds to buy
dormitories outside the city that created the corporation. Chapter 53 was amended last
legislative session to require these authorities locate their facilities in the cities that
created the authority. However, existing authorities are still able to locate these
dormitories in cities outside the city that created them. These bonds financing the
dormitories are sold to investors and are paid off from the rent from the dormitories. To
qualify under the law, the dormitories must be rented exclusively to students or others
officially connected with a university. The tax-exempt bonds must be approved by the
state attorney general's office. Some cities that have created higher education authorities
contend that facilities they have constructed or acquired outside their extraterritorial
jurisdiction are not subject to local ad valorem property taxes. This resolution asks for
support in removing or reducing the ad valorem property tax exemption if these facilities
are not rented to students.
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What the Resolution is Intended to Accomplish: The resolution asks for support for
legislation to remove or reduce the ad valorem tax exemption for these higher education
facilities, which would increase city revenue.
How the Resolution is City-RelatedIHow it Addresses a Municipal Issue: The
resolution provides for the removal or reduction of an ad valorem tax exemption for
property that is not being used for its tax exempt pmpose.
Statewide Importance: Many cities in Texas have these facilities and these facilities are
often not used by students or are in bankruptcy. If the facilities are not meeting their tax-
exempt purpose, the ad valorem tax exemption should be removed or reduced.
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Submitted By:
Name:
Title:
City:
Telephone:
Honorable Euline Brock
Mayor of the City of Denton
Denton, Texas
(940) 349-7717
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A RESOLUTION
SUPPORTING LEGISLATION mAT AUTOMATICALLY
REMOVES 1HE AD VALOREM TAX EXEMPTION OR
REDUCES 1HE AD VALOREM TAX EXEMPTION TO 1HE RATIO OF
STUDENT OCCUPATION FOR HIGHER EDUCATION AUlHORITIES
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WHEREAS, Chapter 53 of the Texas Education Code allows cities to create lJigher Educational
Authorities or nonprofit corporations acting on their behalf to acquire educational facilities or
housing facilities for students; and
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WHEREAS, theSe housing facilities are often apartment complexes that receive an ad valorem
tax exemption and may not have any students living in the apartments; and
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WHEREAS, local taxing entities are thereby deprived of needed property tax revenues;
NOW, TIlEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League support legislation that automatically
removes the ad valorem tax exemption or reduces the ad valorem tax exemption to the ratio of
student occupation for housing facilities of Higher Education Authorities.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
AlTEST:
Frank Sturzl
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: TML Legislative Policy Committee on Regulation of Development
Brief Background: This resolution is the report of the TML Legislative Policy Committee on
Regulation of Development. It represents the culmination of the work undertaken by the
committee members. In this resolution, the committee makes its recommendations regarding
legislative priorities.
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What the Resolution is Intended to' Accomplish: This resolu~on and the accompanying
committee report are intended to assist the membership and the TML Board in identifying priority
legislative issues. Most, ifnot all, of the issues described, in the report are self-explanatory. Any of
the issues can be fully described and explained by committee members and/or the TML staff
during the Resolutions Committee meeting and the Annual Business Meeting.
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addresses issues that have been identified as city-related by committee members.
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Statewide Importance: The issues addressed in this resolution and committee report are of
statewide importance almost by definition. The committee included members from each part of the
state, and the committee members carefully considered statewide importance - and other factors -
when making their recommendations.
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Submitted By: Committee Chair Marsha Tunnell, Councilmember, Coppell
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For further information: Frank Stm'zl
TML Executive Director
512-231-7400
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A RESOLUTION
ADOPTING 1HE REPORT OF TIlE
20041ML LEGISLATIVE POLICY COMMITTEE
ON REGULATION OF DEVELOPMENT
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WHEREAS, the 2004 TML Legislative Policy Committee on Regulation of Development was '
appointed by TML President Terry Henley in early 2004; and
WHEREAS, more than 30 municipal officials from cities of every size across the state served on
the committee; and
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WHEREAS, the committee studied numerous issues relating to regulation of development; and
WHEREAS, the committee has completed its work and has drafted the attached report;
NOW, TIIEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the attached report of the TML Legislative
Policy Committee on Regulation of Development be accepted and adopted.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
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ArrEST:
Frank Sturzl
Executive Director
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REPORT OF THE TML LEGISLATIVE POLICY COMMITI'EE ON
REGULATION OF DEVELOPMENt
I. SUDDOrt legislation that would:,
A. expand municipal authority over the creation of library districts and
county development districts in the ETJ.
n. Endone legislation that would:
A. authorize public school impact fees.,
ill. ODDose legislation that would:
A. erode the authority of cities to regulate the location of manufactured or
modular housing. '
B. erode municipal annexation authority.
c. erode condemnation authority in any way.
D. allow voters in the ETJ to vote on whether any proposed ordinance or
ordinance amendment shall apply in the ETJ.
E. erode municipal authority in the ETJ.
F. restrict cities' ability to adopt or amend ,zoning regulations, or vest or
otherwise create a property right in a zoning classification.
G. enact adverse amendments to the permit vesting statute (Chapter 245 of
the Local Government Code).
H. allow special districts to fo~ in the ETJ without a city's permission.
I. require cities ~ participate m the purchase of development rights.
J. fmther erode 'cines"ability to impose development exactions beyond
current law. ': " '
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K. require a~~,~~o.P~ ~~ unifor.m building codes.
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M. restri~ citi~': abll~ty~'to':kpose building fees beyond current law.
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N. limit the ability of cities to pass on any fees related to subdivision plat
review to a developer beyond cUrrent law.
O. modify the provisions that govern city compensation for the relocation,
reconstruction, or removal of signs.
P. further restrict city authority over political signs beyond current law.
IV. Take no Dosition on legislation that would:
A. grant further development authority to ,counties, but: (I) monitor such
legislation; and (2) seek guidance from the TML Board if and when such
legislation is introduced.
B. enact a statewide ban on billboards.
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity:
Buildinr Officials AssoCiation of Texas
(City, TML Affili~te, ~or TML Region)
Brief Background: The Buildinp' Officials Association of Texas bas long su.worted adqJtion of the model
Buildinf Codes by all municipa1ities in Texas. With thC advent of the Intemational Codes. one model code is
now available for state-wide adQPtion. The Texas Legislature bas mandated the adQPtion of several of
the International Codes. S!JCCifically in the area ofresident:iat construction and energy conservation.
What the Resolution is Intended to Accomplish: The resolution is intmded to eJICOU.I32e cities to adOj)t
the 2003 International series of codes for buildinr regulation in their iurisdictions. Such adQPtions would
provide for more consistency in requirements and enfon:ement from one city to the next and would reduce
confusion among architects. devel<l'ers and contractors who routinely build in many cities.
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How the Resolution is City-Relatedlllow it Addresses a Municipal Issue:
This resolution
recommends the ad<pion of the 2003 Intemational Codes by Texas municipalities. Most cities have aIrea4y
adQpted one of the model codes which precedes the 2003 Intemational Codes. AdODtion of these codes will
provide for more consistent enforcement from city to city.
Statewide Importance: Ifavins CODSisteJd: codes ~wide. or at least n:ginnalJy. is an issue of economic
develOj)ment. DevelQPers incur less costs when cities use ~ codes in their jurisdictions. AdqJti.on
of1hese codes win help make Texas more colQPditlve in 8UIactina new businesses.
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Submitted By: Name: R:nt4y Childers ",'
Title: President
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17.
A RESOLUTION
RELATING TO THE INTERNATIONAL
FAMILY OF CODES
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WHEREAS, the Building Officials Association of Texas, a Chapter of the International Code
Council and a Texas Municipal League affiliate, is devoted to encouraging adoption of codes and
standards which will ensure safe, durable, and disaster-resistant structures in Texas; and
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WHEREAS, the International Code Council has sought to consolidate all the model code
organizations in the United States and now produces one set of building-related codes for
nationwide use; and
WHEREAS, most cities in Texas have traditionally adopted one of the model codes which have
been integrated into the International Codes series; and
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WHEREAS, the State of Texas has adopted the International Energy Conservation Code,
International Plumbing Code, International Mechanical Code, and International Residential
Code, published by the International Code Council, for municipalities that regulate buildings;
and
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WHEREAS, a single set of building-related codes standardizes design and construction
practices, thereby enhancing economic development efforts; and
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WHEREAS, the International Codes are developed by code officials, builders, ,manufacturers,
architects, engineers, and the construction industry and are approved by code officials as being
state of the art codes;
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NOW, mEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League encourage all cities in TexaS to adopt
the 2003 International Family of Codes as, the construction standards for their jurisdictions.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
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APPROVED:
Teny Henley ,
President
AlTEST:
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Frank StmzI
Executive Director
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%004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City ofLago Vista
Brief Background: In recent legislative sessions the State Legislature has passed laws that
force cities to treat Industrialized Housing as defined by the legislature as if it were a site
built house. These laws are codified in the Occupations Code in Chapter 1202.
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They did allow for ~me zoning restrictions such as square feet and masonry compatibility
and added a comparative value restrictions. The comparative value restriction says that the
city can deny a building pennit if the prOposed Industrialized House will not be at the median
value of all houses within 500 feet after it is completed. That restriction is very difficult to
determine because value is assigned by the local appraisal district only after the house is
finished and on the tax roles. Local private appraisers would have to be the ones to give an
opinion of value before the house is finished. If there is a difference between the value the
local private appraiser put on the house when the building pennit was applied for and the
eventual value put on the house by the local appraisal district the city can do nothing about
the situation. To take action after the house is finished according to a building permit issued
in good faith would put the city in a position that, even though they are right about the action,
will cost them plenty of lawyer's fees and bring bad publicity to the city.
Because the legislature specifically does not allow cities to zone Industrialized Housing the
law compounds the problem. The restriction on zoning has dimini$hed cities authority to
control a type of housing that could have long term effects on the value of residential
property.
What the Resolution is Intended to AceompUsh: We would ask that TML, on behalf of all
Texas cities, ask the legislatw'e to allow us to zone Industrialized Housing.
How the Resolution is City-RelatedlHow it Addresses a Municipal Issue: The state
legislature has taken away cities ability to zone housing of this type. Provided our individual
zoning ordinances allow it we have a great deal offlexIbility to zone residential housing. In
1his instance we can not say where these type of houses should be built
Statewide Importance: Affects all cities in the state. Affects our ability to zone the way we
feel is important to our communities. An example of the legislature passing a law that
dimini~hM cities power to look after it's citizens.
Submitted By:
Name: lim Orr
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Oty: Lago Vista,T~
.' Telephone: 5122671155
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A RESOLUTION
RELATING TO INDUSTRIALIZED HOUSING
WHEREAS, the Texas Legislature has passed a law codified in the Occupations Code in Chapter
1202 which affects the placement of industrialized housing; and
WHEREAS, the law as now codified gives Texas cities some zoning controls, such as square
footage requirements and percent of masonry; and
WHEREAS, a requirement that the industrialized house be at or above the median value of
existing homes within 500 feet is very difficult to ascertain until the industrialized house is
completed; and
WHEREAS, the Texas Legislature has taken away the most important tool of cities to control
~d regulate housing by specifically denying cities the ability to zone industrialized housing;
NOW, lHEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League requests the Texas Legislature to add
zoning as one of the ways that cities can control industrialized housing within their jwisdictions.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
ArrEST:
Frank SturzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity:
1ML Legislative Policy Committee on Personnel
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Brief Background: This resolution is the report of the TML Legislative Policy Committee on
Personnel. It represents the cu1mination of the work undertaken by the comttee members. In this
resolution, the committee makes its recommendations regarding legislative priorities. '
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What the Resolution is Intended to Accomplish: This resolution and the accompanying
committee report are intended to assist the membership and the TML Board in identifying priority
legislative issues. Most, ifnot all, of the issues described in the report are self-explanatory. Any of
the issues can be fully described and explained by committee members and/or the TML staff
during the Resolutions Committee meeting and the Annual Business Meeting.
Bow the Resolution is City-Related I Bow it Addresses a Municipal Issue: This resolution
addresses issues that have been identified as city-related by committee members.
Statewide Importance: The issues addressed in this resolution and committee report are of
statewide importance almost by definition. The committee included members from each part of the
state, and the committee members carefully considered statewide importance - and other factors -
when making their recommendations.
Submitted By: Committee Chair Todd Pearson, Mayor, Rockport
For further information: Frank StmzI
TML Executive Director
512-231-7400
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19.
A RESOLUTION
, ADOPTING mE REPORT OF 1HE
2004 TML LEGISLATIVE POLICY COMMITIEE
ON PERSONNEL
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WHEREAS, the 2004 TML Legislative Policy Committee on Personnel was appointed by TML
President Terry Henley in early 2004; and
WHEREAS, more than 30 municipal officials from cities of every size across the state served on
the committee; and
WHEREAS, the committee studied numerous issues relating to personnel; and
WHEREAS, the committee has completed its work and has drafted the attached report;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the attached report of the TML Legislative
Policy Committee on Personnel be accepted and adopted.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
TenyHenley
President
AITEST:
Frank StutzI
Executive Director
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REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON
PERSONNEL
I.
Seek introduction and P8ssa2e of legislation that would:
A. allow reappointment of civil service commissioners
II.
Support legislation that would:
A. reform workers' compensation law to control or reduce health care costs without
putting injured employees at risk, including legislation that would create health
networks, improve back-to-work programs, establish procedures to reduce fraud,
create provider utilization review programs, and establish other cost-reducing
, programs or procedures suggested by the Sunset Commission.
B. extend probationary periods for beginning positions in civil service fire and police
departments.
C. allow negotiated retirements arising out of or related to resolution of a lawsuit against
a firefighter or police officer in a civil service city.
D. provide that, in the absence of a contract, if a governmental unit furnishes fire or
emergency services to another governmental unit, the unit that requests and obtains
the services is responsible for any civil liability that arises from the furnishing of
those services.
II.
Endorse legislation that would:
A. allow a fire or police chief in a civil service city to increase the number of
appointments below the department head level.
B. proVide for probationary periods for promoted fire or police officers in civil service
cities.
C., clarify base salary and longevity pay for temporary duties in a higher classification in
a civil service city.
D. grandfather certain civilian positions within a civil service fire department.
E. reduce frivolous discipliriaij appeals by fire or police officers in civil service cities.
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F. provide reasonable time, ,1inli~, for, fire or police officers to return to work after
temporary disabilities .or"disahility retirements in a civil service city.
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ODDose legislation that would:
A. eliminate the requirement that collective bargaining be adopted by popular vote.
B. make police/fire civil service easier to adopt or harder to repeal, or that would enact
any other detrimental amendment to Chapter 143 of the Local Government Code.
C. create a presumption that a'disease or condition is work-related.
D. impose the requirements ofNFPA 1710 or any other mandatory staffmg or response
time requirements, or that would change the two-in/two-out provisions of the OSHA
rule as implemented by Texas Government Code Section 419.046(d).
E. expand financial disclosure requirements beyond current law.
F. impose any additional health coverage mandates.
G. require cities to allow time away from work by employees.
H. in any way limit or erode the current authority of cities to enter into employment
contracts.
Take no Dosition on legislation that would:
A.' repeal or enact exceptions to the requirement that a contractor or subcontractor
involved in a building or construction contract with a governmental entity must
provide proof of workers' compensation coverage for its employees. (Instead, the
committee voted to recommend that TML and the TML Intergovernmental Risk Pool
explore non-legislative options that would make it easier for small contractors to
obtain job-specific workers' compensation coverage.)
B. restructure the Texas Workers' Compensation Commission or its board, provided that'
reorganization of the Commission does not result in increased regulation of city pools
or other self-coverage.
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2804
TML RESOLUTION COVlR SHEET
8,0.011. Eadtyl
City of Big Spring
(City;TML Aftillate. and/or TML Region)
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Brie' BacqreDd:
House Joint Resolution #54 made cities re~pnnR]hl~ for
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retirement benefits of retirement systems over which thev have only limited
conti-ol.
Wlaat th. Reso~o. IslDte.dld to AceompUs':
This resolution will qive cities
s~e means to protect themselves from POtentiallv irresoonsible actions of
local r~tirement funds.
Bow tile Besot.toD II CItf-ReJatedIJIow It Addreaeaa Hllllldpallssa.:
Passage of
BJR #54 has created a contingent financial liability for cities all acrnRR
tlie State of Texas.
Statewld. ImporCallce:
See above.
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Jean Shotts',: ,
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PLlASBDO NOT"~~~N,TBI BACKOP THIS I'OBM'
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A RESOLUTION
CALLING FOR 1HE ENACTMENT OF STATUTORY AUTHORIZATION FOR
MUNICIPALITIES AFFECTED BY ARTICLE XVI, SECTION 66 TO SEEK EQUITABLE
RELffiF IN 1HE EVENT A RETIREMENT SYSTEM COVERED BY ARTICLE XVI,
SECTION 66 ATTEMPTS TO PROVIDE BENEFITS wmCH WOULD PLACE THE
RETIREMENT SYSTEM'S FINANCIAL STABILITY AT RISK
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WHEREAS, the 78th Texas Legislature enacted House Joint Resolution Number 54, which was
approved by the voters and is now Article XVI, Section 66 of the Texas Constitution; and
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WHEREAS, Article XVI, Section 66 applies to certain retirement systems which provide service
and disability retirement benefits and death benefits to public officers and employees; and
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WHEREAS, Article XVI, Section 66 (d) and (e) provide as follows:
(dj On or after the effective date of this section, a change in service or disability
retirement benefits or death 'benefits of a retirement system may not reduce or otherwise
impair benefits accrued by a person if the person:
(1) could have terminated employment or has terminated employment before the
effective date of the change; and
(2) would have been eligible for'those benefits, without accumulating additional
serVice under the retirement system, on any date on or after the effective date of
the change had the change not occurred.
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(e) Benefits granted to a retiree or other annuitant before the effective date of this section
and in effect on that date may not be reduced or otherwise impaired.
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WHEREAS, Article XVI, Section 66 (f) provides:
(t) The political subdivision or subdIvisions and the retirement system that finance
benefits under the retirement system are jointly responsible for ensuring that benefits
under this section are not reduced or otherwise impaired.
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WHEREAS, the provisions of Article ~, Section 66 (f) create a Contingent financial liability
for municipalities resulting from the ~o~ 'of their local retirement systems; and
WHEREAS, affected municiJNll:ities ~ve little or no ability to control the actions of their local
retirement systems; .
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NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas MUnicipal'Le8gue that the League seek to enact statutory authorization
for an affected municipality to seek injunctive or other equitable remedies' (including the
appointment of a receiver) in the event a retirement system covered by Article XVI, Section 66
attempts to provide service or death benefits which, in the opinion of the governing body of the
municipality, would place the financial viability of the retirement fund at risk. '
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
ATTEST:
;:--: Frank StmzI
7" Executive Director
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Spon.orial Entity:
2004
TML RESOLUTION COVER SHEET
City of Killeen
(Cicy;TML Affiliate, and/or TML Resion)
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Brier Backpoaad: The definition ofc'firefighter" under LGC sec. 143.003(4) includes
EMTs giving them the protections & benefits afforded to all civil servants. The Act
makes no distinctions between full & part-time civil servants. Therefore, even those
EMTs hired to fill in as-needed would be entitled to all benefits & protections, & the City
would have to follow all biring requirements, including testing & creation of an eligibility
Hst, & reduction in force requirements. These requirements make the hiring of part-time
employees cumbersome, illogical & not cost-effective.
Wlaat t'e ResolaUOIl b !aleaded to AccoJDp'lIh:
Creating a category of part-time rue department employees who either are not civil
servants, or are exempt from the benefits, hiring & reduction in force requirements would
allow fire departments the flexibility to maintain a pool of part-time employees to work
when the department needs an employee to fill in temporarily. This would allow the fire
department to meet its minimum shift requirement while not exhausting its budget or its
employees by paying full-time employees over-time for working multiple shifts.
Bow.... ReIoJutloll1l City-RelatedlJlowlt Addresses a MlIDIdpallsnol
This amendment to the Civil Service Act would allow municipalities covered by the Act
more flexibility to meet their minimum shift requirements, & to do so in a more
economical & less cumbersome manner.
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Statewide Jaapol1aDce: This amendment would apply to all cities in the state that have
adopted the Civil service Act. .
Sabmlticd By: Name:
Henry y~,
11tle: . '" Fire Orl.ef _.
CltJr Kilieen' ,',",.' "
Tel~pboael "(254) 501-7667 qr 7"~5
PLEASE DQ NOT ~~ O~TBE BACK OF' THIS FORM
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, ' A RESOLUTION
SUPPORTING LEGISLATION AMENDING CHAPTER 143 OF 1HE TEXAS LOCAL
GOVERNMENT CODE REMOVING PART-TIME FIRE FIGHTERS FROM CIVIL
SERVICE STATUS, OR EXEMPTING lHEM FROM CERTAIN REQUIREMENTS
WHEREAS, Section 143.003(4) of the Texas Local Government Code dermes "fire fighter" as
an employee who performs, among other duties, "fire medical emergency technology," entitling
such employees to civil service status; and
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WHEREAS, emergency medical technologists (EMTs) in a municipal fire department perform
fire medical emergency technology, classifying them as civil servants under the Civil Service
Act ("the Actj; and
WHEREAS, Section 143.021 of the Act requires that all fire fighters must be classified by
ordinance, which shall prescribe the nmnber of positions in each classification, and provides
further that all begjnning positions shall be filled from an eligibility list resulting from an
eXamination held in accordance with the Act; and
WHEREAS, the Act also requires specific amounts of sick and vacation time to be paid to civil
servants; and
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WHEREAS, the Act requires that classified positions cannot be vacated or abolished, unless
such vacation or abolishment is done in accordance with Section 143.085; and
WHEREAS, the Act makes no distinction between full-time and part-time civil servants,
therefore requiring municipalities to afford all benefits and protections to both full-time and part-
time civil servants; and
",
WHEREAS, many tire departments have trouble meeting minimmn shift commitments and
would like to have a pool of part-time EMS personnel to call upon on those occasions when
sUfficient personnel, is not available, and not have to exhaust their overtime accounts and their
employees by continua1Iy paying full-time employees over-time for working multiple shifts; and
WHEREAS, requiring that part-time civil servants be afforded benefits, and be hired only after
taking an ex9mination is an expensive, time-consuming, and cumbersome process, which makes
it illogical to hire part-time ~Dnel, requiring the continued over-working of current full-time
employees; ,
, '
NOW, TIlEREFORE, BE IT RESOLYED by: the delegates assembled at this 2004 Annual
Conference of the Texas Muni~i~~eague that the League support legislation that would amend
the Civil Service Act, Chapter..l.lJ30ftl1e ~~ Local Government Code, to allow municipalities
to hire part-time fire fighter$, who either',vvould not be classified as civil servants, or would be
exempt from certain pay, benefit, and'lUrmg reqwfements.
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'PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
AITEST:
APPROVED:
Terry Henley
President
Frank StwzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
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Sponsoring Entity: TML Legislative Policy Committee on General Government
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Brief Background: This resolution is the report of the TML Legislative Policy Committee on
General Government. It represents the culmination of the work undertaken by the committee
members. . In this resolution, the committee makes its recommendations regarding legislative
priorities.
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What the Resolution is Intended to Accomplish: This resolution and the accompanying
committee report are intended to assist the membership and _the TML Board in identifying priority
legislative issues. Most, ifnot all, of the issues described in the report are self-explanatory. Any of
the issues can be fully described and explained by committee members and/or the TML staff
during the Resolutions Committee meeting and the Annual Business Meeting.
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How the Resolution is City-Related I How it Addresses a Municipal Issue: This resolution
addresses issues that have been identified as city-related by committee members.
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Statewide Importance: The issues addressed in this resolution and committee report are of
statewide importance almost by definition. The committee included members from each part of the
state, and the committee members carefully considered statewide importance - and other factors -
when ma1c1...g their recommendations.
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Submitted By: Committee Chair Oscar Trevino, Mayor, North Richland Hills
.~.;
For further information: Frank Sturzl
TML Executive Director
512-231-7400
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A RESOLUTION
, ADOPTING 1HE REPORT OF 1HE
2004 TML LEGISLATIVE POLICY COMMfITEE
ON GENERAL GOVERNMENT
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WHEREAS, the 2004 TML Legislative Policy Committee' on General Government was
appointed by TML President Terry Henley in early 2004; and
WHEREAS~ more than 30 municipal officials from cities of every size across the state served on
the committee; and
WHEREAS, the committee studied numerous issues relating to a wide range of municipal
government topics; and
WHEREAS, the committee has completed its work and has drafted the attached report;
NOW, lHEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the attached report of the TML Legislative
Policy Committee on General Government be accepted and adopted.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Tex~.
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APPROVED:
Teny Henley
President
ATTEST:
Frank Sturzl
Executive Director
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REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON GENERAL
GOVERNMENT
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I.
Seek introduction and Dassae:e of legislation that would:
A. clarify that the Public Utility Commission's jurisdiction is limited to ratemaking
ordinances and not to police power or zoning ordinances.
B. (1) clarify that, pursuant to a city construction project, all utilities that are located in
the rights-of-way must relocate at their cost when requested, consistent with
hi~ric case law and city franchises; and (2) impose ~cial penalties on utilities
that fail to relocate in a tiniely manner.
C. amend the Local Government Code to provide that dangerous building orders may
be filed in the official deed records of the county so that any subsequent purchaser
or lien holder of the property will buy that property subject to the orders rendered.
II.
SUDDort legislation that would:
A. require the Public Utility Commission (PUC) to adopt a rule governing authorized
review to verify access line counts and to do so by a date certain, or require
telecommunications providers to submit to an independent, verifiable' audit of
access lines. (This recommendation would go into effect only if the PUC does not
adopt such a rule prior to the beginning of the 2005 regular legislative session.)
B. revise the definition of "access line" to ensure that cities receive adequate and
consistent compensation when new services are offered by telecommunications
providers. (This recommendation would go into effect only if the PUC does not
act, prior to the beginning of the 2005 regular legislative session, to broaden the
definition of "access line" to incorporate new services as they arise.)
C. convert, the telecolDlilunications compensation methodology from one based on
. access lines to one based on collection of telecommunications sales taxes only if:
(1) the bill will preserve or increase the levels of reasonable compensation that all
cities receive; (2) the sales tax methodology is simpler to implement and use than
, the access line methodology; (3) the state will not have any authority to convert any
portion of the comperisatiQn ~ its, own use; (4) the state comptroller will act as an
aid, rather than a regulator, in the CQllection and distribution of the compensation;
(5) the bill is supported ,bY, or at least not opposed by, SBC, Verizon, AT&T,
Sprint, and MCI; and (6) the bill Would not result in the imposition, of a federaIlaw
that negates the effectof~Y,Q~~te!DS (1)-(4), above.
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D. allow for the direct el~~~:~f:~ergency service district board members.
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E. allow cities, to' withdraW'fu>~'an emergency services district.
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F. maintain telecomm~cidi6~'~wits for Texas libraries and schools to ensure
the continuation ofhigh,~)Dfom1ation access in libraries across the state.
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Endone legislation that woUld:
A. (1) reduce the number of false burglar alarms that may occur, before a penalty can
be accessed by a city, or (2) set a higher penalty for violations.
B. increase the penalty for burglary of a vehicle and unauthorized use of a vehicle to a
felony of the third degree.
C. amend the economic development training requirement to: (1) require that only one
city official from each city must attend, and (2) allow more entities to provide the
training.
D. enable the use of technology in the procurement process.
E. repeal or modify Section 52.202 of the Utilities Code to allow cities to provide
telecommunications services either on an equal footing with private providers or
under more restrictive circumstances.
F. protect against the development of market power within functional markets in the
ERCOT service area by, for example, amending the Utilities Code to prohibit the
ownership by any power generation company of more than twenty percent of the
installed generation capacity within any ERCOT zonal boundaries as created by
ERCOT during its annual commercially significant constraints determination
process.
G. allow cities, at their discretion, to set up an "opt-out" aggregation group, meaning
that residents will all be included in the aggregation group unless a resident opts
not to participate.
H. limit the ability of transmission and distribution. service providers to revise and re-
bill customers for past usage.
L amend the Utilities Code to permit the Public Utility Commission to levy penalties
against transmission and di$tribution service providers and/or retail electric
providers that fail to timely submit customer switch requests and issue initial bills.
J. amend the Utilities '. Code '~" Permit cities to annually adjust the franchise charge
amount collected pmsuant to SeCtion 33.008(b) of the Utilities Code by an amount
equal to one-~ o~~e,~~ change, if any, in the consumer price index.
K. require transmisSi~n' and, distribUtion, service proViders to read meters at least once
, every three bill~g ?cl~~.- ',':',-:~:', ,::
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L. require transmiSsion~'~n(tdistiibuti~n service providers to adequately trim trees and
maintain djstribUti~il:~,:~dfacilities, including criminal and civil penalties for
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M. impose the req~ent of. placing identifying markings on beer barrels, half
barrels, aild kegs so that they can be traced to'the retailer where they were
purchased and consequently to the adult who purchased them. '
N. control "coilege nights" or "teen nights" activity by minors and alcoholic beverage
permit holders.
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o. amend the Transportation Code to remove the funding "cap" that is applied to
elderly and disabled transportation providers operating in an urbanized area, but not
included within a transit authority.
IV. ODDose legislation that would:
A. prohibit or hinder a police officer from making an arrest for a fine-only offense.
B. require police officers who execute a search warrant to return the searched area to
its original condition after the search.
C. erode the authority of a city to regulate scooters.
D. erode the authority of a city to impose a civil penalty on the owner of a vehicle if
the vehicle's license plate is photographed while the vehicle is running a red light.
E. change or delete any of the current uniform election dates.
F. require Open Meetings Act agendas to be published in any newspaper.
G. require publication in a second-language newspaper of a notice that is required by
current law to be published in an English-language newspaper.
H. impose an unfunded mandate on cities by requiring the adoption of a privacy
policy.
I. modify in any way the requirement that a newspaper charge the lowest published
rate for classified advertising for legal notices.
J. erode municipal authority over the rights-of-way or erode municipal authority to
collect reaSonabl~ compensation for the use of rights-of-way.
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'K. convert the teleco~unications compensation methodology from one based on
access lines to 'one ~ ,on ~lIection of telecommunications sales taxes if any of
the following ~ DOtSaUsfied~ (I) th~ bill will ,preserve or increase the levels of
reasonable com~C?~' d.1at ,all, cities receive; (2) the sales tax methodology is
simpler to impl~ent,!>>~:,~'~ the ~s line methodology; (3) the state will
not have 891 i:Uth~ri~.. tQ,~Ii~ ,~},- portion of the compensation to its own use;
(4) the state ,CO~tto~~(~l ~'as: ~ aid, rather than a regulator, in the collection
and distribution"~(~e,,~m~oi1; (5) the bill is supported by, or at least not
opposed by,"'SBC~~'Y~:"~T&T, Sprint, and MCI; and (6) the bill would not
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result in the imposition of a federal law that negates the effect of any of items (1)-
(4), above.
L. with regard to the Public Utility Commission sunset legislation, erode any
municipal authority or revenue sources, place a mandate on cities, or be otherwise
detrimenta1 to cities in any way.
M. enact mandatory best management practices for water conservation.
N. impose ~'tap fees" or any other type of charge on municipal water systems.
o. enact mandatory water rates or water rate structures.
P. enact mandatory water conservation/daily use standards.
Q. erode local control over municipal water systems or conservation measures.
R. (1) enact any further exemptions for any entity from the requirement to participate
in a municipal drainage utility, or (2) impose any mandatory rate structure.
s.. negatively affect the ability of cities to investigate pawn shops and stolen property.
T. allow a court to order a city to exercise its authority to abate a nuisance.
Take no Dosition on legislation that would enable the formation of public library districts
based on ad valorem property taxes.
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2004
TML RESOLUTION COVER SHEET
SpoDlOrlng entity: ~ ofWindcrest
(City~ TML Aft'Uiate, 8DdI0r TML Region)
BrletBackgroand: The last .-.lar Texas ~!llative Session passed HB2912 malnn, eM",. 10
the Co(poration DeveIQpmem Ad. The sipifil!ant cluInr was JimitbJ, (with ~~) cities ftom.
condt1m"W mmmerdat and retaillNsiness prqjects_ Wmdaest is a )And..tockecl ci\y. InitJII Hotue
. Committee ~ veniomJ ofHB2912 orovided relief to a "Jand-Iocked community". That relief
should be fiin....fAlI '
WJaat die........ is Ia~ to AcceDlpIis.: Pmvide mJiefto Iand-IocIrM cities.. ~I
versions incficated ~ect also includes exDenditurM fbund by the boanI of directon 10 be J'eCDIired
tor the pmmntion ofnew or ~ndAd lnuiness ent.ses :md mllllllfl!rr.i.1 activitY within the land.
lOl"JrwI ~n,.n..nity.
How tile ResoIadoD Is aty-Bela~ow it Addresses a Muaidpallssue: The City ofW"rndcrest
is qppM)[itn:lttely ~ SCDJ8I'8 nn1M &nd is surrounded by the ~ orSan Antonio or un1nl"n(pOrated
Beur CoImtv. AD IIftI!IIs are built UJOD 01' ~ to be. 11lere is DO qp,poa'hmity tbr Aft~ti^n to
nhtain JI'.~ fOr indJ......u.1 or mRIII'&r.twwnw IIUQ)ORM- QgJo.h....i.u. to incrase sales tB -.d
pR)~ tax I'IM'~nlles.. ftllft!lltty 7S~ of~ .--..- nn.... be omvided.
Statewide ImportaDee: A eluu,p to the Coq)ol'ldion DeveIQpment Ad would pmvide qpportllnity
and ftexa"bility to aqy Jand..lodcecI cnmnnmv with Hmited or no available proIJer\y fbr industrial 0{
mamdilc:turiug pIQ)OSSS.
Submitted By:
Nale: Jack LeoDhanlt '
TItle: ~,
CitJ: W'mcknst'"
TeleP,la.ne: (210) 599-2599 mavor@cl.windcrest.tx.us_
PLEASE DO N<!f WRITE..ON THE BACK OF nus FORM
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23.
A RESOLUTION
URGING THE TEXAS LEGISLATURE TO RESTORE AUTHORIZATION FOR SMALL
CITIES WHICH ARE VIRTUALLY LAND-LOCKED TO EXPEND ECONOMIC
DEVELOPMENT CORPORATION FUNDS FOR THE GENERAL PROMOTION AND
EXPANSION OF BUSINESS DEVELOPMENT
WHEREAS, the City of Windcrest, Texas, is a small, virtually land-locked city in the State of
Texas; and
WHEREAS, the City of Windcrest has an Economic Development Corporation authorized under
Section 4B of the Development Corporation Act; and
WHEREAS, the City of Windcrest is primarily a residential community with some retail and
commercial activity, but virtua1ly no manufacturing activity; and
WHEREAS, the adoption of House Bill 2912 by the 2003 Legislature severely hampers the use
of Economic Development Corporation funds for the general promotion and expansion of
business development within the City of Windcrest;
NOW, TIIEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League urge the Texas Legislature, during its
2005 regular session, to amend the Development Corporation Act to permit sma1I cities which
are virtually land-locked in the State of Texas to expend economic development funds for direct
commercial and retail economic development in addition to other authorized uses of such funds,
since use of funds was severely hampered by amendments to the Texas Economic Development
Corporation Act during the 2003 Texas legislative session.
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PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
TenyHenley
President
ATfEST:
Frank StmzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
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SpoDsoring Entity: City of College Station
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Brief Background: Cities in Texas have been required by State law to provide services
to the areas they annex within a reasonable period of time according to a 'State required
annexation plan. Increasingly, special utility districts and rural water supply corporations
in cities' extra-territorial jurisdiction have impeded the ability of Texas cities' to grow,
. properly plan for utility service extensions, and to offer municipal fire protection to their
citizens.
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What the Resolution is Intended to Accomplish: To pursue legislation that removes
the obstacles for Texas cities to take over service territory of water supply corporations
and special utility districts in the areas cities annex.
How the Resolution is City-Relatedlllow it Addresses a Municipal Issue: This
resolution advocates removal of the "shield" that these entities now use as protection
from cities taking over their service territory. That is, these entities use the -fact that they
have incurred federal debt to finance their water system as the reason a city can not take
over the portion of their system that is annexed. This resolution asks for cities to be
given the ability to determine a fair, pro-rata portion of a water supply corporation's
federal debt attributable to area annexed and pay the federal government for that amount
upon which the city would take over that service territory.
Statewide Importance: Cities through out Texas and the Dation are faced with the
inability to provide municipal water and sewer service with adequate fire protection to
the areas they annex because of the unwillingness of these water supply corporations and
special utility districts to fairly convey and be fairly compensated for the service
territories cities annex.
Submitted By: Name: Ron Silvia
Title: Mayor
City: College Station
Telephone: 979/764-3511
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A RESOLUTION
URGING A FEDERAL LEGISLATIVE SOLUTION AND RELIEF TO
CITIES FACING GROwrn IMPEDED BY UTILITY DISTRICTS IN
mEIR EXTRATERRITORIAL JURISDICTIONS
WHEREAS, Texas cities have had the ability to plan their growth in their extraterritorial
jmisdictions through stringent state annexation law and annexation plans; and
WHEREAS, Texas cities have had the ability to properly plan their growth through planning to
serve water and sewer utility service to their newest citizens in annexed areas, including
municipal fire protection; and
WHEREAS, this ability to properly plan for utility service to the citizens of Texas cities is
increasingly impeded by federa1ly-funded water supply corporations and special, utility districts
which were initially formed to serve low-density rural areas and cannot PfQvide adequate Water
service pressure necessary to give citizens proper fire protection; and
WHEREAS, these federally-funded water utility corporations and districts seek "shelter" under
federal statutes that prevent cities from taking over their service territories upOn annexation,
because these corporations and districts owe the federal government money; and
WHEREAS, even when a city offers to pay the pro-rata share of the district's or corporation's
debt for the area annexed, the district or corporation still does not allow the city to take over
water and sewer service to the annexed area;
NOW, 'TiIEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League pursue legislation to amend federal
law to allow a city to take over a rural water supply corporation's or special utility district's
service territory as it is annexed, as long as the city performing the annexation is willing to pay
the pro-rata share of the federal debt that can be reasonably attributed to the area annexed.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
AlTEST:
Frank SturzI
Executive Director
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The following resolution has two cover sheets
and was submitted by six cities.
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Burleson. TML Relrion 8
Brief Background: In many areas of the state. there are rural water districts (rural water sup,ply
comorations. special utility districts. etc.) that have a certificate of convenience and necessity
(COO issued' by the state - currently throum the, Texas Commission on Environmental OuaIity
rrCEO) - to serve water to a szeolZraphic area that now extends into the city limits of a
municioality. as a result of the 21'Owtb of the city into a previously rural area. In manv cases. the
rural water district will not have any infrastructure to the area. In other cases. the rural water
district mav have water lines in the area. but the lines are substandard for municioal use. that is. a
,notable water suooly sufficient for nonnal residential uses plus oressure sufficient for fire
protection. If the rural water district has an outstanding federaIloan that was orisrinaIlv borrowed
to immove its water suooly System. no matter how old the loan and no matter how much remains
to be oaid. federaIlaw (7 USC 1926) etfectivelv prohibits the municioality from extendinsz service
into the area. The city may have adeauate water infrastructure to serve the area. but the rural water
district that is holder of the CCN can choose to not allow the city to serve the area without oavmsz
for the right often at an exorbitant amount If the city. orooertv owner. or develooer cannot affotd
to pav the once. and the rural water district cannot or will not extend service to the area. even
thou~ it holds the CCN. the owner of the land is not benefited (a ouroose of a CCN is to benefit
the orooertv) and loses the OOVOrtunity for the highest and best use of the orooertv. and the city
(and the state) loses out on an economic develomnent Ol>JX>rtunity.
What the Resolution is Intended To Accomplish: To encourage the Legislature to amend the
Water Code to movide that existinsz CCNs be revoked or amended to remove from certificated
areas oronemes not currentlv served bv adeauate water utility public works infrastructure. so that
another movider can orovide adeauate water service at a reasonable cost to the mooerties covered.
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Bow is the Resolution City-RelatedlHow it Addresses a Municipal Issue: Orderly
develOj)ment of the municipality. and significant viable economic develooment is severely:
restricted in situations where the existence of a eCN in the name of a non-servin2 water provider
prevents the owners and develooers of DrODertv from securing utility service from another
provider/entity (most often the municipality) that mi~t have service available.
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Statewide Importance: The movision of adeauate water service is essential to the motection of
the oublic health. safe1;y. and welfare of the owners and residents ofland within the state. and it
would be in the best interests ofprooertv owners in municioaIities in all areas of the state to ensure
that they are guaranteed access to oubUc eauivalent water utility service at reasonable costs on a
timelv basis.
Submitted By: Name: Kenneth Shetter
Title: Mavor
City: Burleson
Telephone: '817-447-5400 ext 277
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25.
A RESOLUTION
URGING mE TEXAS LEGISLATURE TO AMEND 1HE TEXAS WATER CODE TO
PROVIDE THAT WATER SERVICE CERTIFICATES OF CONVENffiNCE AND
NECESSITY WILL NOT BE iSSUED TO AREAS WHERE WATER UTH.ITY
INFRASTRUCTURE WILL NOT BE IN PLACE TO PROVIDE SERVICE TO ADJACENT
PROPERTIES, TO ESTABLISH A PROCEDURE AND METHODOLOGY FOR REVOKING
OR LIMITING CERTIFICATES OF CONVENIENCE AND NECESSITY NOW IN
EXISTENCE WHERE NO UTILITY INFRASTRUCTURE IS AVAILABLE TO SERVE
ADJACENT PROPERTIES, AND TO ESTABLISH STANDARDS TO DETERMINE WHEN
ADEQUATE SERVICE EXISTS
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WHEREAS, the City of Burleson, Texas, is a home-rule municipality and recognizes that an
adequate supply of potable water at reasonable cost is essential to allow the full development and
utilization of property within, the state of Texas; and
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WHEREAS, the City ofBmleson, Texas, recognizes that an adequate supply of water is essential
to fight fires and to protect the lives and property of residents within the state; and
WHEREAS, property development requires utility service through public equivalent water utility
systems developed and operated pursuant to the provisions of the Texas Water Code; and
WHEREAS, in order to provide public water utility service to developing areas, it is necessary
for a service provider to secure a Certificate of Convenience and Necessity from the Texas
Commission on Environmental Quality; and
WHEREAS, an applicant for a Certificate of Convenience and Necessity for water utility service
commits that it has or will, within a reasonable period of time, develop the necessary public
works infrastructure to deliver an adequate supply of potable water to areas covered by the
Certificate for a reasonable cost; and
WHEREAS, it has become obvious that many public and quasi public water service providers
such as cities, water districts, water conservation districts, water utility districts, and roral co-ops
have sought the issuance of Certificates of Convenience and Necessity for large geographic areas
in order to secure future growth oPPOrtunities; and
WHEREAS, it has become apparent ~t in many instances these service providers have not
, developed the necessary and appropriate water utility infrastructure to deliver an adequate supply
of potable water within a reasonable periOd or-time at a reasonable cost to areas for which they
have secured a Certificate of Conveni~~ and ~ecessity; and '
WHEREAS, as development moves in~~\th~: areas, landowners and developers are placed at
significant disadvantage when they ~v.er that a Certificate of Convenience and Necessity
exists for their property but has been ,granted to an entity that does not have infrastructure in
place to provide the utility service; and' ,',';',
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WHEREAS, the existence of the Certificate of ,Convenience ~d Necessity in the name of the
non-serving provider prevents the property owner or developer from securing utility service from
other entities that might have available 'service that could be utilized by the property owner; and
WHEREAS, the rapid development of many areas of our state is making this sitUation a growing
area of concern by causing unanticipated delays and creating unwarranted expenses for property
owners attempting to utilize their'property; and
WHEREAS, it is clear from the provisions of the Water Code that it was never the intent of the
Legislature to establish a system whereby property could be held hostage through Certificates of
Convenience and Necessity that were issued without the creation of infrastructure necessary to
actuaIly provide water utility service in a timely and cost effective manner to adjacent properties;
and
WHEREAS, the most efficient method for resolving this issue is to amend the Texas Water Code
to provide a procedure for the automatic revocation or amendment of existing Certificates of
Convenience and Necessity for water utility service that have been issued for' geographic areas
that do not contain public works infrastructure to allow the timely and cost effective delivery of
adequate water utility service to support reasonably anticipated development on property covered
by those Certificates; and
WHEREAS, it is without question that the provision of adequate water service is essential to the
protection of the public health, safety, and the welfare oftbe owners and residents of land within
the state, and it would be in the best interest of property owners in all areas of the state to ensure
that they are guaranteed access to public equivalent water utility service at reasonable costs and
on a timely basis; ,
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that: (1) the League amend the Water Code to
provide that existing Certificates of Convenience and Necessity be revoked or amended in such a
, manner as to remove from certifiCated areas properties not presently served by adequate water
utility public works infrastructure to ensure the timely and cost effective delivery of water utility
service to adjacent properties and further to ensure that no new Certificates of Convenience and
Necessity are issued unless and until adequate public works infrastructure is in place to ensure
the timely and cost effective delivery of water utility service to areas covered by the new
Certificates; (2) a procedure or m~odology be established to allow affected property owners Of;
,in the alternative, persons" or entities, affeCted by existing or proposed Certificates of
Convenience and Necessity to 'implement the review of the 'Certificates by the Texas
Commission on Environmental Quality, ~ to ensure that the Certificated areas cover only those
areas where public works inftastructure: exists; and (3) a ~ be established that would
provide for a factual' hearing and ~o~ of whether the entity holding the Certificate of
Convenience and Necessity has ~vid~ COntinuous ~d adequate water service at a reasonable
cost to properties covered or pI:O~,to ~ covered by the Certificate. '
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PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas;
AlTEST:
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Executive Director
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APPROVED:
Teny Henley
President
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: The City of San Marcos
Brief Background: S~te universities are valuable assets in host communities throughout
the State of Texas. They serve their core purpose of providing higher education, and they
also provide employment opportunities and contribute indirectly to local revenue through
sales taxes on purchases by students, faculty and staff members. State universities also
generate significant demands for police and fire services, however, including needs that
are specialized with respect to university facilities. In several cases, enrollment at a state
university is more than '50% of the resident population of its host city. Because state
university property is exempt from property taxes, however, universities have
traditionally made no direct payments to their host cities to contribute to the cost of
'providing fire aJ:ld police ~ervices. The result is that the cost for these services is borne by
the taxpayers in the host cities.
What the Resolution is Intended to Accomplish: State law should expressly provide
for state universities to enter into agreements with cities in which they are located for
police and fire services rendered or made available to the universities by the cities.
Payments towards the cost of these services would result in significant good will for the
universities, and a much more equitable situation than the current system that imposes the
~ancial burden for these services on the cities' taxpayers.
Statewid'e Importance: State universities are located in host cities throughout the state.
A change to state law' to expressly authorize state universities to enter into agreements
with their host cities for the provision of fire and police services would create
opportunities for university-city partnerships in all' of these communities.
Submitted by:
Name:
Susan Narvaiz
Title:
Mayor
City:
Telephone: 512/393-8085
San Marcos
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, ,
, ,A RESOLUTION
SUPPORTING LEGiSLATION RELATED TO THE COST OF
FIRE AND POLICE SERVICES
WHEREAS, state universities are valuable assets in host cities throughout the State of Texas, and they
serve their core purpose of providing higher education, while also providing employment opportunities
and contributing indirectly to local revenue through sales taxes on purchases by students, faculty, and
staff members; and
WHEREAS, state universities also generate significant demands for police and frre services, including
needs that are specialized with respect to university facilities; and
WHEREAS, in several cases, enrollment at, a state university is more than SO percent of the resident
population of its host city; and
WHEREAS, because state university property is exempt . from property taxes, universities have
traditionally made no direct payments to their host cities to contribute to the cost of providing fire and
police services, with the, result that the cost for these services is borne by the taxpayers in the host cities,
and
WHEREAS, state law should expressly provide for state universities to enter into agreements with cities
in which they are located for police and frre services reridered or made available to the universities by the
cities; and
WHEREAS, payments toward the cost of these services would result in significant good will for the
universities and a much more equitable situation 'than the current'system than imposes the fmancial
burden for these services on the cities' taxpayers;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual Conference of
the Texas Municipal League that the League support the enactment of legislation that would expressly
authorize state universities to enter into agreements with their host cities related to the cost of providing
police and fire sen;.ces.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October,
2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
ATIEST:
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Frank Sturzl
Executive Director
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(City;TML A8U~ and/or TML llepon)
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Brief BaekpOantl,
Section 822.0~7 of the Texas Health and Safetv Code
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prohibits municipalities fram'enacting local leaislation that is breed
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This resolution will allow "breed scecific"
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laws and regulations;to' be" enacted that will protect the health and safe~,y of
our citizens.
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Bow tile .....to. II Cltf-ReIatedIIIow It Addnaela MaalclpaI &I1It.
The restriction
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contained in Section 833.047 (2) prevents cities from needed breed specific
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regulations necessary to protect their citizens.
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27.
A RESOLUTION
CALLING FOR TIlE AMENDMENT OF SECTION 822.047(2) OF
THE TEXAS REALlH AND SAFETY CODE TO ALLOW CITIES TO
PROVIDE BREED SPECIFIC REGULATION OF DOGS
WHEREAS, Section 822.047 of the Texas Health and Safety Code provides as follows:
~ 822.047. LOCAL REGULATION OF DANGEROUS DOGS. A county or
municipality may place additional requirements or restrictions on dangerous dogs if the
requirements or restrictions:
(1) are not specific to one breed or several breeds of dogs; and
(2) are more stringent than restrictions provided by this subchapter.
WHEREAS, the prohibition against breed specific regulation of dogs contained in Section
822.047(1) ignores evidence that certain breeds are more likely than others to inflict serious
bodily injuries upon persons and animals; and
WHEREAS, the restriction contained in Section 822.047(1) places the welfare of potentially
dangerous dogs and the financial security of certain animal breeders over the welfare of citizens
of the State of Texas; and
WHEREAS, as a result of the restriction contained in Section 833.047(1), cities are unable to
enact needed breed specific regulations necessary to protect their residents;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League seek the repeal of the restriction
against breed specific regulations contained in Section 822.047(1) of the Texas Health & Safety
Code.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
AlTEST:
Frank StmzI
Executive Director
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, '2004
TML RESOLUTION COVER SHEET
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Sponsoring Entity: CitY of Coopell
(City, TML Affiliate, and/or TML Region)
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Brief Background: State law currently requires municinalities to conduct traffic sneed
studies when setting sneed limits lower than 30 mph. To do so at every location is an
,exoensive proposition that is needless.
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What the Resolution is Intended to AccompUsb: Allow local municipalities to set
SJ>eed limits in residential districts lower than 30 moh when deemed aonropriate by the
municinality. This will allow cities to save money while better protecting our residents.
particularly children. in our neiiZQborhoods.
How the Resolution is City-RelatedIHow it Addresses a Municipal Issue: The
oostin2 of local residential sneed limits should be a local decision. The nrotection of the
public's safety and enforcement of traffic laws within residential districts is c1earlva local
issue~ Lelrislation allowing local control of Sj)eed limits will enhance a city's ability to
protect the public.
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Statewide Importance: Most cities in Texas are faced with this same issue. Limiting
the ability to residential streets only prevents a city from bem2 accused of setting sneed
trans on maior thoroughfares or state/national highways.
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Submitted By:
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Name: ' " Clav Phillins '
Title: .. 'Deputy City Mana2er
City: . ,:', C9Poell
Telephone: :.~ 972~304-3662
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A RESOLUTION .
URGING TIlE 79m TEXAS LEGis'i.ATURE TO ADOPT NECESSARY LEGISLATION TO
CHANGE SECTIONS 545.352(b)(1) AND 545.356 OF 1HE TEXAS TRANSPORTATION
CODE ("PRIMA FACIE SPEED LIMITS" AND "AUTIIORITY OF MUNICIPALITY TO
ALTER SPEED LIMITS") TO ALLOW CITIES TIlE AUTIIORITY TO SET SPEED LIMITS
ON RESIDENTIAL STREEts BY LOCAL ORDINANCE wrmOUT PERFORMING A
STREET SPECIFIC ENGINEERING AND TRAFFIC INVESTIGATION
WHEREAS, reduction of speed on local streets continues to be a significant citizen concern; and
WHEREAS, a speed of 30 mph on residential streets is considered to be excessive in many
cities; and
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WHEREAS, some citizens have requested legislative changes to provide the authority to all
cities to approve a local ordinance to reduce residential speed limits without performing a street
specific engineering and traffic investigation;
NOW, mEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League urge the Texas Legislature to amend,
in part, Section 545.352(b)(1) and Section 545.356 of the Texas Transportation Code, to read as
follows: '
"542.352 PRIMA FACIE SPEED LIMITS.
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(b) Unless a special hazard exists, the following speeds are lawful:
(I) 30 miles per hour in an urban district on a street other than an alley and 15
miles per hour in an alley, unless a municipality has adopted an ordinance
to establish a different speed limit on a residential street within such urban
district other than an alley.
545.356 AUlHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS.
(d) - Notwithstanding the limitation contained in this section and the rule established
by Section 545.352,' the' governing body of a municipality may establish by
ordinance a prima facie, ~um speed on a residential street within an urban
district without an, engineeiiDg and traffic investigation, except or unless as
otherwise established ~~~p~ce With this chapter."
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PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, TexaS.
ATTEST:
Frank SturLI
Executive Director
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President
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Seabrook. Texas Resolution 2004-22
(city, TMl AffiRale, anclfor TML Region)
Brief Background: Since 9/11 it is well documented that 588DOfts are vulnerable tamets Qf
oDDOrtunltv to terroltst GmuDS. The ememenev Dlannina and vulnerability assessments have
aD08rentlv occurred without the Inclusion of local cities adiacent to and near 58aDOIts. '
AddltionaUv. labor omanlzatlons have etrecllvelv orevented federallealslatlon reaulrina
backaround checks of its members who work at seaDOIts.
What the Resolution is Intended to Accomplish: establish as a TML DOllev advisory DOsition
that local cities should 1) be Included in DubUc and discreet security Dlannlna. 2) be adlvelv
enGaaed in Deriodically monitoring the effectiveness of security svste~. 3) be aware of such risk
assessments imDactlna the Dublle safetY of their resoective cities.
How the Resolution is City-RelatedIHow it Addresses a Municlpal.ssue: ClUes first Drloritv
Is to the health. safety and welfare of Its citizens. They are also first resDOnders to telTOrist
events. Cities cannot abroaate their resoonslbllilies to State. Federal and Port Authorities whose
stakeholder and economic interests may conflld with the hlaher orIorttv for DfUdent DUbHc safetY
Df'8D8redness.
Statewide Importance: This affects all ~ seaDOl'ts and has imDlications for all'DOrt
secUrity as well.
Submitted By:
.Name: Robin C. ROey
Mayor
Seabrook
Telephone: 713-431.20 or 281-291-5600
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM.
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29.
A RESOLUTION
RELATING TO LOCAL INPut AND PARTICIPATION IN PREPARING AND
MONITORING HOMELAND SECURITY PLANS BY CITIES ADJOINING
A TEXAS SEAPORT AND GOVERNED BY TEXAS LAWS AFFECTING
MARINE PORTS, PARTICULARLY CONTAINER PORTS
WHEREAS, the tragic events of 9/11 prompted the 9111 Commission to seek, in part,
accountability for possible prevention of the events of that day; and
WHEREAS, emergency planning, which includes vulnerability assessments of potential terrorist
targets, should and must include the local cities most directly affected and impacted by marine
port operations; and
WHEREAS, the race to compete globally is placing increasing pressure on efficient intermodal
containerized shipping at counter-purpose to the principles of public security; and
WHEREAS, the nation's seaports and cOntainerized shipping have been recognized as major
targets of opportunities to terrorist organizations willing to use weapons of mass destruction at a
port of container shipments; and
WHEREAS, ABC News not once, but twice, on the first and second anniversary of 9/1 1, shipped
detectable amounts of radioactive materials from the Middle East through the Port of New York
directly into 'downtown Manhattan, without being detected by United States Customs and Port
Authorities, demonstrating the priority of economic efficiency over public security; and
WHEREAS, it is regularly reported that fewer than two (2) percent of all containers shipped into
the United States are actually opened and physica1ly inspected to confirm that high tech
screening and regulatory processes are effective in preventing contraband and potential weapons
of mass destruction; and
WHEREAS, before 9/11, federal legislation was being considered requiring access to United
States seaports to those who could provide security clearance and a background check to address
increasing port-related crime, associated with smuggling, illegal contraband, and drugs; and
WHEREAS, labor orgJini7J1tions objectec;l to background checks and security clearances for their
members working at United States seaports; and
WHEREAS, NAFTA has opened up United States borders to the potential of foreign nationals,
without security clearances, of having access to United States container ports; and
WHEREAS, an event similar to 01d~01l1ll C~ty..s possible with a Texas seaport, particularly the
recently permitted (now in appeal) BaYPort container facility operated by the Houston Port
Authority, with the potential of ~~ering 'th~ lives of some 20,000 residents within the
immediate area; and
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WHEREAS, cities are the first responders and first line of defense for responding to terrorist
events before state, federal, and other authorities; and
WHEREAS, cities adjoining a seaport facilitY should be allowed to participate in emergency
planning and vulnerability assessment and monitormg of security systems for intended
effectiveness; and
WHEREAS, cities should have a say in security issues such as security clearance and
background checks for access to Texas seaports; and
WHEREAS, other states have enacted legislation governing security requirements for seaports;
NOW, mEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League urge the Texas Legislature to
consider passing legislation that will:
1. Create statutes governing public safety and security minimum requirements for
seaports;
2. Establish higher public safety and security standards for seaports adjoining and
near to residential populations;
3. Govern seaport security standards which require the inclusion of local impacted
cities and processes to periodically verify that such systems meet security goals
and objectives;
4. Establish minimum background check requirements for personnel working at the
sites, with input from local cities; and
s. Provide funding to locally impacted communities allowing them to effectively
participate in the process.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
AlTEST:
Teny Henley
President
Frank SturzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Seabrook. Texas
(City, TML Affiliate, and/or TML Region)
Resolution 2004-21
Brief Background: Since 9/11 it is well documented that seaoorts are vulnerable tamets of
oooortunitv to telTOrist arouDS. The ememenev Dlannina and vulnerabilitv assessments have
aDDarentlv occurred without,the Inclusion of local cities adiacent to and near seaoorts.
Addltionallv. labor omanlzations have effectivelv orevented federalleolslation reaulrina
backaround checks of its members who work at seaoorts.
What the Resolution is intended to Accomplish: Establish as a TML oollev advisory oosition
that local cities should 1} be included in oublic and discreet security olanninG. 2},be activelY
enGaGed in oeriodicallv monitorina the effectiveness of security SYStems. 3) be aware of such
assessments imoactinG the oublic safety of their resoectlve cities.
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Is to the health. safety and welfare of its citizens. They are also first resoonders to telTOrist
events. Cities cannot abroaate their resoonsiblllties to State. Federal and Port Authorities whose
stakeholder and economic interests conflict with the need for oruden. oublic safety oreoaredness.
Statewide Importance: This affects all state seaDOrts and has imDlications for'airoort
security as well.
Submitted By.
Name: Robin C. Riley
Title: Mayor
City: Seabrook
Telephone: 713-431-4820 or 281-291-5600
PLEASE DO NOT WRITE ON THE BACK OF THIS FORM.
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30;
A RESOLUTION
EXPRESSING mE POSmON OF TEXAS MUNICIPALITIES IN REGARD TO
mE ESTADLISHMENT OF UNFUNDED MANDATES AND
mE EROSION OF TIIE POWERS OF TEXAS MUNICIPALITIES IN REGARD TO
mE GOVERNANCE AND MANAGEMENT OF CITIES
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WHEREAS, Texas cities have been created and empowered by the people to carry out the
protection of the mutual health; safety, and welfare of their citizens; and
WHEREAS, the Texas Constitution grants the power to carry out these sacred duties' by elected
officials for the cities having been elected by the citizens whom they are directly accountable to;
and
WHEREAS, the prudent and responsible management of the atJairs of the cities of Texas
requires that public officials have the maximum ability and powers to meet their sworn duties
without the imposition of mandates that require the expenditure of local tax revenues and the
erosion of local controls; and
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WHEREAS, the Texas Legislature has enacted legislation in the past that erodes the power of
local government to control activities and functions of their cities; and
WHEREAS, the introduction and passage of legislation that erodes local governmental authority
or places unfunded mandates upon our cities threaten the sovereign powers delegated ,to Texas
cities by the Constitution; and
wiIEREAS, Texas Municipal League adopted this same policy at the 2000 Annual Conference;
NOW, mEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League, an association of the cities and
towns in Texas acting for the common good and in the best interest of the citizens of Texas,
reaffirm as the League's legislative policy position the contents of this resolution and thereby
urge the Texas Legislature to refrain from introducing, considering, or passing legislation that
would:
1.
Create new obligations on, the part of Texas cities to provide non-traditional
services to their citizens without the necessary funding to carry out the spirit and
provisions of such legisla~o~; and
Create new statUtes that limit or remove the rights of Texas cities to control land
uses, business,-' developnient, or the enforcement of local regulation of
environmental inipacts ~t atJect,their lands or citizens; and
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Create exemptiQns' 'fot '~tJ:1er:govemmenta1 agencies, special districts, or other
political ;subdivisio~, that, 'Wo~d allow the imposition of projects, programs, or
developments witho~,~ 'obtaining permission, of the local city in which such
actions are proposed; ,an~ '" " ,
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4. Grant exemptions, licenSes, or powers that would in any way overrule, set aside,
or provide any eXemptions to local land use powers or provisions of the city
crumrersofTex~cilies. '
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ATTEST:
Frank StmzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: North Richland Hills
BriefBackg~und: The Public Regulatory Act of 1995 (H.B.,2l28) ,passed by the Texas
Legislature, offered regulated local telephone utilities the opportunity to elect to deregulated
some of their services. In exchange for the benefits of deregulation, the electing companies are
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What the Resolution is Intended to Accomplish:
Without action by the Legislature during
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extension of these discounts for libraries and schools across Texas.
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Public libraries
across Texas are able to provide high speed infonnation access across the State with the help of
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these discounts. North Richland Hills saves approximately $25,000 each year on phone and
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Statewide Importance:
Many libraries and school districts across the State would not be
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able, to afford providing high speed data access without these discounts. ' Access to data via the
internet has become increasingly important for research and other educational pwposes.
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Submitted By:
Name: Paulette Harbnan
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City: North Richland Hills
Telephone:' (817) 427-6015
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A RESOLUTION
RELATING TO TELECOMMUNICATIONS DISCOUNTS
FOR LmRARIES AND SCHOOLS
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WHEREAS, the Public Utilities Regulatory Act of 1995 (H.B. 2128) offered the regulated local
telephone utilities, also called Incumbent Local Exchange Companies or ILECs, the opportunity
to elect deregulation of some of their services; and .
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WHEREAS, in exchange for the benefits obtained by their election of deregulation, the "electing
companies" are required to provide certain advanced telecommunications services, including T-l
(1.544 Mbs) and DS-3 (45 Mbs) lines, at 105 percent of cost and with no installation charge; and
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to pay for high speed Internet access;
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NOW, mEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League encourage the state, legislature to
extend and continue these discounts through legislation in order to maintain these critically
important telecommunications discounts to ensure the continuation of high speed information
access in libraries and schools across the state.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Terry Henley
President
ATTEST:
Frank SturzI
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: North Richland Hills
Brief Background:
Senate Bill 1074 of the 77th Legislature established requirements in the
Texas Code of Criminal Procedure for law enforcement agencies regarding racial profiling. The
Texas Racial Profiling Law requires that all police departments in the state collect traffic-related
data and report this infonnation to their local governing authority to determine if an officer is
engaging in profiling.
What the Resolution is Intended to Accomplish:
To oppose additions to the data
collection requirements of the Texas Racial Profiling. The Resolution does not intend to change
or eliminate any current requirements under the Texas Racial Profiling Law.
How the Resolution is City-RelatedlHow it Addresses a Municipal Issue:
The City of
North Richland Hills is opposed to racial profiling and currently collects and monitors all traffic-
related data as required by law. A report on that data shows that racial profiling is not occurring
in North Richland Hills. We believe that current data collection requirements are sufficient to
monitor and detect racial profiling. New data collection requirements could lesson police
activity by requiring officers to spend more time per stop, thus negatively affecting response
times and deterring some stops all together. Although any monetary affects of new requirements
would be minimal, for storage and compiling, the extra time spent entering new data requirements
would place a strain on available man-hours.
Statewide Importance:
'PlaCing more requirements in data collection would mean that
the efficiency and effectiveness of police departments across the state would be lessened.
Submitted By:
Name: Paulette,Hartman
Title: ~sistant t<> ~e C,ity ,Manager
J City: NOrth IUchIaDd Hills
'Telephone: (817)427-6015
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A RESOLUTION
OPPOSING ADDITIONAl pATA COLLECTION REQUIREMENTS IN
mE TEXAS RACIAL PROFILING LAW
WHEREAS, the City of North Richland Hills has placed providing safety and security as its
highest priority; and
WHEREAS, the City of North Richland Hills does not agree with the practice of racial profiling
or any other practice that unfairly targets individuals; and
WHEREAS, the North Richland Hills Police Department has placed high value in complying
with the Texas Racial Profiling Law since its inception, including:
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Collecting and presenting traffic-related data,
Completing racial profiling training of all sworn personnel,
Making public our profiling policy and complaint process, and
Complying with all other requirements of the law; and
WHEREAS, adding new data collecting requirements concerning raci81 profiling would increase
the time needed to complete a stop and therefore lead to slower response times or other negative
effects; and'
WHEREAS, increasing collection requirements would add additional expenses, both time and
monetary, in terms of compiling, maintaining, and analyZing the data to ensure compliance;
NOW, THEREFOIffi, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that the League oppose changes in the Texas Racial
Profiling Law that would lessen police activity by adding more collection requirements.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
Teny Henley
President
AlTEST:
Frank StmzI
Executive Director
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2004
TML RESOLUTION COVER SHEBT
Sponsoring Entity: City of Harling en
Brief Background: The De.partment of Homeland Security is implementing the US-
VISIT Program to ensure more safer and sean border regions and entry ports.
Harlingen wholeheartedly sqpports stronger security measures ~ut also wants to make
sure tomism and 'trade are not restricte4.
What the Resolution is intended to Accomplish: It is intended to sugs:est less stringent
restrictions on :Mexicans holding laser visas but still re~pectinlr US and Mexican law and
observing all legitimate security concerns.
How the Resolution is City-relatedlHow it Addresses a Municipal Issue: The City of
Harlingen is part owner of the Free Trade Bridge at Los Indios and has many crossings
(Jrucks.. autos.. pedestrian~ and the City of Harling en is concerned that by inlposin,
certain restrictions on Mexicans with laser visas that tourism. commerce. trade to the
United States will be detrimentally impacted.
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Statewide Importance: The US Visit Program will impact mostly border regions along
South Texas.
Submitted by:
Name: J. J. Gonzalez,
Title: City Commiuioner. ~ 1
City: City of Harling en
Telt;)hone: (956) 427-8800
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A RESOLUTION
SUPPORTING THE BORDER TRADE ALLIANCE POSmON
REGARDING THE US-VISIT PROGRAM
WHEREAS, the Border Trade Alliance has consistently demonstrated good faith in representing
the concerns of the border community in dealings with the US Department of Homeland Security
'about implementation of the US-VISIT program; and
WHEREAS, the City of Harlingen is a committed member of the Border Trade Alliance and
supports its efforts to encourage rather than restrict commerce, respect US and Mexican law, and
'observe legitimate security concerns; and
WHEREAS, it is vital that the US Federal Government and all agencies involved with the
planning, coordination, funding, execution, and oversight of the US-VISIT program clearly
understand the concerns and resolve of the border business community;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
,Conference of the Texas Municipal League that continued support of the US-VISIT program is
contingent upon the following:
1. That Mexicans holding laser visas be exempt from providing fingerprints and
being photographed at the land ports of entry since this information has already
been obtained and posted on their laser visas, which are reviewed at the primary
booth; and that technology be acquired to facilitate the entry and exit processes in
a non-intrusive fashion, prior to full implementatio~ of US-VISIT at the land
, ports of entry.
2. That Mexicans holding laser visas be permitted to remain in the United States for
periods of up to six months versus the current 72-hour limitation, establishing
equivalent treatment to Canadians. ' '
3. That Mexicans holding laser visas be permitted to travel to any location within the
United States versus the current limitation of 25 miles from the border,
establi~ equivalent access as extended to Canadians.
4. That the 1-94 form be eliminated as an obsolete document.
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: PASSED AND APPROVED by the meinberShip of the Texas Municipal League this 29th day of
October, ~004, at Corpus Christi, Texas.
ArrEST:
Frank SturzI
Executive Director
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Teny Henley
President
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TML RESOL'CJTlON COVER SHEET'
SpouorbalEaac,. G:l.ty of 110 Orand. City
(CIty;TML Aftlllate,lDdIor TML RegIon)
Brier Beckp'euad: w. ha~.;:1lQtic.4l:,a lack of ,underaceding of the function of municipal
lovaromants amoDS our reaide~t. aad residents of ocher cities.
~,tIa~ ReIolrioD II r.te,ld,-, to ~~IU
MlIn1e!1>al a:CWArDlllentll are the ,ovarnmanta,
chat are mast ~cc..s:l.bla to eba 1)ODUl..~e..~;,A C!.Ul'l'ff!111t~ f'ftrl:Ju~HC'! .~hool. fll!Aturiug
1JIformation OIl llUl1ic:ipal goveJ:JllleDts would sene to iniOn! ebUaD.s how to more' .
successfully access their local government .ad could iDsp1re others to become mOTe
.
Ar.f'4"1I 4ft 1"1'.1 I.mr_-",",," anll, t-h.n, p"..'f,t.1y 4n B"V.~Dt It a 11f....... 1......1 - ..~ gJ:a.taI
]JDde1:st.D.d1Dt..~Clf how:",soveramenc work. locally could also help to i!lCX-a..8 votiq turnout.
Bow tile ResoIdoa II CIty-1WafedIIIow It AM.......,. Mulel~ 11111': . . '
Aaythtaa tbat ...~*t8:C:l.t:l.Z.D8 to more .u~~e8.ful1y'acc.ss' and utilize their city
aoverDlllAnts should be the bua!ll... of C!.{tiIllR in 8eftlllraJ.
StatewId. _........
:Asain. more 1Dvol...eaent with aOTerDdlea.t at local levels
eould 1Ile~.a8~ avo!l.rll!nll!l!IR of QQiJftl:y__nd ..tat, lov'ftbII_"ta .~ "~)p r" 1nt'1ttAftt'A
Toter l)artic1~at1on.
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34.
A RESOLUTION
RELATING TO ENHANCED MUNICIPAL CURRICULUM
iN PUBLIC SCHOOLS
--
WHEREAS, there are nearly 1,200 Texas municipalities employing approximately 1.3 million
public servants; and
'.:-.
WHEREAS, Texas cities are the form of government closest to the people by providing a wide
array of public services such as water and other utilities, public safety, streets, housing, and other
community development functions; and
:-
:.-.
WHEREAS, an informed and educated citizenry is essential for the proper function of a
democratic society; and
-'--
>:'
WHEREAS, ,educatioDal materials featuring the structure and history of municipal governments
in Texas is limited in Texas public schools; and
~
WHEREAS, the Texas City Management Association offers public schools a 'supplemental
curriculum known as "Our Town, Texas" on municipal governments structure and services;
"'-
--
NOW, TIIEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League, that the League officially adopt a resolution
requesting that the Texas Education Agency adopt a public school curriculum featuring more
detailed information on municipal governments and that this curriculum be included in revised
textbooks.
PASSED AND APPROVED by the membership of the Texas Municipal ,League this 29th day of
October, 2004, at Corpus Christi, Texas.
,.
APPROVED:
Teny Henley
President
ArrEST:
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Frank Sturzl
Executive Director
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2004
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of Harling en
Brief Background: Public Officials have served willingly and unselfishly in many
communities throughout the State of Texas. The presentation ofa flag at an official's
burial would go toward expr~ing the cities' appreciation for the service that has been
provided by elected municipal officials.
What the Resolution is intended to Accomplish: It is intended to seek support from the '
State by authorizing municipalities to provide an honor guard at an elected official's
burial and present a Texas flag to the members of the deceased family.
How the Resolution is City-relatedlHow it Addresses a Municipal Issue: Merely to show
the community's apj)reciation for an elected official's dedicated service.
Statewide Importance: All municipalities throughout the State will undoubtedly see the
need for this we of gesture of appreciation.
Submitted by:
Name: J. J. Gonzalez
TItle: City Commissioner. Place 1
City: City of Harling en
Tele.phone: (956) 427-8800
9/8104
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35.
A RESOLUTION
SUPPORTING LEGISLATION TO AUlHORlZE MUNICIPALITIES
TO PROVIDE STATE OF TEXAS FLAGS AND A POLICE HONOR GUARD FOR
FUNERALS OF CURRENT AND PAST ELECTED MUNICIPAL OFFICIALS
WHEREAS, Texas cities have had many dedicated public officials over the years and currently
have dedicated public officials who have given their time unselfishly to serve Texas cities and
their citizens with no thought of personal gains; and '
WHEREAS, Texas cities would like to honor these dedicated public servants by providing an
honor guard of police officers and a texas flag to drape the caskets at funerals of any elected
public municipal officials with said flag to be given to the families of the deceased elected public
municipal officials as a token of the city's appreciation for the service provided by the deceased
to the city; and
WHEREAS, Texas cities would like to see a public law authorizing all municipalities tQ provide
an honor guard and Texas flag at funerals of elected public municipal officials;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2004 Annual
Conference of the Texas Municipal League that ~e League support the introduction and passage
of a state statute authorizing municipalities to provide a police honor guard and a TeJf:as flag to
drape the caskets at the funerals of any elected public municipal official and to present said flag
to the families of the deceased elected public municipal official as a token of the municipality's
appreciation for the service provided by the deceased to the municipality.
PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of
October, 2004, at Corpus Christi, Texas.
APPROVED:
AITEST:
Teny Henley
President
Frank SturzI
Executive Director
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ME'ETING ,HANDQ,UTS'
Printed from khou.com
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Page 1 of 1
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KIiCiU' ,""" , S>~'T':"~'::', "','l?":"ifF.,'l
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Woman gets life sentence for having husband murdered
11:11 AM CDT on Tuesday, October 19,2004
From 11 News Staff Reports
A LaPorte woman will spend life in prison for hiring hit men to kill her husband. Sherry Martindale
pleased guilty yesterday.
KHOU
Sherry Martindale paid
two hit men $15,000
each to kill her husband.
She paid two hit men $15,000 each to murder her husband.
LaPorte police say Martindale befriended Miquel and Ciro Beltran at the restaurant where they worked
and offered them money to kill her husband Robin Klataska.
Klataska was found beaten and stabbed to death last year inside a home he was remodeling.
Many of the victim's relatives were in the courtroom for Tuesday's sentencing. His brother, Rick
Klataska, drove all night from Colorado to have the chance to make a victim's impact statement.
"Emphasized to her what she's robbed the family of overall, but the bigger thing there was is what she's
robbed the immediately family, her daughter, of a loving father and a grandfather soon-to-be," said
Klataska. "He'll never get to know some of the joys of family life now..."
The two accused hit men left for Mexico about a month before Martindale was arrested.
Online at: http://www.khou.com/news/local/galveston/stories/khou041019mhmartindale.42affed.html
http://www.khou.comlcgi-binlbi/gold-print.cgi
] 0/20/2004
La Porte Police Department
915 So. 8th Street, La Porte, Texas 77571
181-471-3810
October 20, 2004
To: Cynthia Alexander, Assistant City Manager
From: Sgt. McBeath
Subject: Klataska Homicide Case
On 03/01/2003, the Detective Division was notified of a Homicide at 55 Garfield in La
Porte. Upon arrival they found that Robin Klataska, a former City of La Porte employee
had been brutally beaten and stabbed to death. Detective Danny Jones was assigned as
primary case agent with Sgt. McBeath as secondary case agent. The entire Detective
division along with all Crime Scene Investigators were called to the scene for 'the initial
investigation. Detective Head with the Special Operations division also responded to
assist. Texas Ranger Freeman Martin and La Porte Reserve Police Officer Bill McBeath
joined the investigation the following week. Through hard work and diligence, Detective
Jones was able to file three counts of Capital Murder on this case twenty-four days later.
On September 29th, 2004, Channel 11 news aired a story on this case. Reporter Jeff
McShan interviewed Assistant District Attorney Mike Trent. Trent was highly
complimentary of the work done by the La Porte Police Department.
On October 18, 2004, Sherry Martindale, the wife of the victim, pled guilty to First Degree
Murder and received a life sentence. The other two 'suspects fled to Mexico and are still at
large. Detectives are working with the District Attorney's Office to locate and extradite
these suspects.
Detectives involved in this case were: Danny Jones, Tammy McBeath, David Huckabee,
Carl Rise; Gary Keene, Doug Ditrich, Lance Cook, Scott Pullig, Ron Head, Luis Gonzalez
and Bill McBeath.
Crime Scene Investigators were: Billy Spruill, Rick Hilton, Sean Bomango, Matt Parsons
and Allen Gudgell
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CITY OF'LA PORTE, TEXAS
$7 ,OOO~OOO
CERTIfICATES OF OBLIGATION, SERIES 2004
SALE - MONDAY, OCTOBER 25, 2004
PREPARED By:
~ .
. ::::r;-IRST SOU1HWFST COMPANY
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CITY OF LA PORTE, TEXAS
BOND SALE INFORMATION
TABLE OF CONTENTS
Interest Rates from Winning Bid.............................................................. Tab I
Bid Tabulation.......................................................................................... Tab 2
Municipal Interest Rate History ............................................................... Tab 3
Rating Agency Reports..........~.... .'..................,'........................................ .'. Tab 4
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INTEREST RATES
$7,000,000
CITY OF LA PORTE, TEXAS
CERTIFICA TES OF OBLIGATION
SERIES 2004
SALE: MONDAY, OCTOBER 25, 2003
YEAR I COUPON YIELD
2006 3.60 1.90
2007 3,60 2.05
2008 3.60 2.25
2009 3,60 2.50
2010 3,60 2.80
2011 3.60 2.95
2012 3.60 3.15
2013 3.60 3.30
2014 3.60 3.40
2015 3.60 3.55
2016 3.65 3.65
2017 3.75 3.75
2018 3.85 3,85
2019 3,95 3,95
2020 4,05 4.05
2021 4,10 4,10
2022 4.20 4,20
2023 4.25 4.25
2024 4.35 4.35
2025 4.45 4.45
AVERAGE LIFE -12.594 YEARS
TRUE INTEREST COST - 4.01
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BIDDERS
$7,000,000
CITY OF LA PORTE, TEXAS
CERTIFICA TES OF OBLIGATION
SERIES 2004
SALE: MONDAY, OCTOBER 25, 2004
BIDDER TRUE INTEREST
COST ('X.)
lPMorgan Securities, Inc. 4.01
First Trust Portfolios L.P. 4.02
Legg Mason Wood Walker 4.04
Morgan Keegan & Co., Inc. 4.07
Southwest Securities, Inc. 4.08
Wells Fargo Brokerage Services, LLC 4.09
Griffin, Kubik, Stephens & Thompson, Inc. 4.13
Ross Sinclaire & Associates, Inc. 4.15
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Historical Interest Rates
20 Year GO BBI Over Past 10 Years
As of 10/25/2004
7.50 :"l7.06%Oili 1/2211994r - - - - -
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7.00 - - - - - -
6.50 - - - - - -
6.00 - - - - - -
5.50 \I - - - - -
5.00 ~ ~ ~
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4.50 - - - -
4.00 ./
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A
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4.21 % on 6/1012003
3.50 - - - - -
3.00 - , , , , - -r-- - -
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~> ~ 't-~ 't-q, '% '% 'to ~
9' \j' fS' 8' .., ~ G' 9'
I - GO BBI Low 4.21 Avg 5.35 High 7.06
--= I First Southwest Company Data was compiled by First Southwest
:= Investment Bankers Since 1946 Company from the Bond Buyer Index
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[12-0ct-2004] La Porte, Texas; Tax Secured, General Obligation
Page 1 of2
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I RAT I N 13 5 D I. R E C T
Return to Regular Format
Research:
La Porte, Texas; Tax Secured, General Obligation
Publication date: 12-0d-2004
Primary Credit Analyst(s): Paul Jasin, Dallas (1) 214-871.-1424; pauljasin@standardandpoors.com
Secondary Credit Analyst(s): Wendy Wippeni'lan, Dallas (1) 214-871-1421;
. wendLwipperman@standardandpoors.com
Credit. Profile
US$7. mil certs' of oblig ser 2004 dtd 11/01/2004 due
03/15/2025
Sale date: 25-0CT-2004
A+
AFFIRMED
$1.875 mil. La Porte GO bndsser 1998 dtd 06/15/1998 due
03/15/2000-2019 .'
$5:400 mil. La Porte Itd tax go bnds ser 2002 dtd 07/15/2002
due 03/1512006-2025
$2.400 mil. La Porte ser 2000
AAAlA+(SPUR}
AAAlA+(SPUR}
AAAlA+(SPUR}
OUTLOOK:
STABLE
Iii Rationale
Standard & Poor's Ratings Services assigned its 'A+' rating, and stable outlook, to La Porte, Texas'
series 2004 certificates of ' obligation.
The rating reflects the city's:
. Access to the greater Houston MSA labor market;
. Above-average wealth and income levels;
. Historically strong financial performance and position; and
. Moderate overall debt burden, coupled 'with rapid principal amortization and manageable future
capital needs.
A concentrated petroche.mical economic base offsets,.In part. these strengths.
The city's full faith and credit GO.pledge secures the c~rtificates.
La Porte. with a population of 33,789, is 25 miles from downtown Houston, Texas in 'southeast Harris
County on the Houston Ship Channel. The local economy is concentrated in the petrochemical industry;
city residents, however, have ample access to Houston for additional job opportunities. Therefore,
median household, incOme levels are a high 136% of the nation's average. Per capita income levels,
however, exceed the nation's average by just 3%. Market value, an indication of wealth, is a moderate
$41,615 per capita'. Unemployment, which has remained low over the past five years, peaked at 5.2%
in 2003 before improving to 4.8% through July 2004. Overall assessed value (AV) growth has been
steady; A V increased by 22% from fiscals 2001-2004. The $1.41 billion fiscal 2005 property tax base is
exhibiting a contraction of about 5:5% from fiscal 2004 due to the appraisal district's noncertification. as
of yet, of roughly 10.0% of commercial and industrial value. Two industrial zones 'encompassing 8,000
acres exist within the city's extraterritorial jurisdiction. in which industries pay an industrial payments-in-
Iieu-of-taxes for nonannexation agreements. Furthermore, nearly $2.6 billion in A V is held in the
http://www.ratingsdirect.com/Apps/RD/controller/ Artic1e?id=400551 &type=&outputType= 10/25/2004
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[12-0ct-2004] La Porte, Texas; Tax Secured, General Obligation
Page 2 of2
nonannexed portion of the city's extraterritorial Jurisdiction. Despite a sizable industrial presence, tax
base concentration is moderate: The 10 leading taxpayers account for 21 % of taxable A V.
, ,
Historically, La Porte has exercised strong financial management and conservative fiscal practices.
Fiscal 2003 results reflected a modest $285,895 operating deficit, which decreased the ending general
fund balance to $6.8 million, or a still-strong 29% of expenditures. Management is projecting positive'
operating results of roughly $500,000 for fiscal year-end Sept. 30, 2004, due to the city's willingness to
make expenditure reductions, including cutting 13 overall positions, or about 3% of the city's total
employees. Despite 16 fewer positions (eight full-time and eight part-time positions), or an additional,
3% reduction in total employees, the fiscal 2005, $25.4 million budget includes the use' of roughly
$800,000 of general fund reserves.
After taking into account self-supported debt, overall net debt is a moderate $1,809 per capita and 4.3%
of A V. Principal amortization is rapid with 63% being retired over 10 years.
II Outlook
The stable outlook reflects a stable, yet concentrated, economic 'base and the expectation that despite
budgetary pressures, the city will sustain its strQng financial position and performance and'maintain its
"moderate overall debt levels.
~ Economy "
The nation's largest concentration of petrochemical plants borders La Porte. The city ~ntered into
contracts with all the industries in the. industrial zones, in which the city annexes 25% of the value of
each company; the companies pay full ad valorem taxes on the annexed, value and an industrial
p~yment-in-lieu-6f-taxes on the remaining total value. Under the contract's terms, industries pay th~
equivalent of 53% of the amount of ad valorem taxes that would be payable based on the AVon the
remaining land not in the city. These contracts were extended in 2000 with AV expiring in 2007. Overall"
growth in industrial values has been modest over the past five years due to lower production rates. With
the addition of more than 350' permits since mid-2002 valued at $45 million, however, residential growth
has been steady. A planned 422-home golf course community with prices ranging from $225,000-
$250,000 should continue to boost residential development.
II Finances
" Despite budgetary pressure, La Porte ,officials expect the city's unreserved fund balances to remain
above its minimum general fund balance policy of maintaining reserves equal to 90 days' operating
expenses. Property taxes (37%), industrial district payments (30%), solid waste service charges (10%),
and sales taxes (8%) were the city's prjmary revenue sources in fiscal 2003. Management has
maintained a stable, albeit relatively high statewide, property tax rate of 71 cents per $100 of A V for the
past 16-years, which is competitive when compared with other surrounding industrial district cities. In
'addition, management does not plan to increase its tax rate in the near future.
I!~~ "
Following this issuance, La Porte will have $10.9 million of authorized, unissued debt remaining, which
was approved by the electorate in February 2002 by a 2-to-1 margin. City officials plan to issue its
authorized, remaining debt over the next 12 months: $7.7 million to finance a police headquarters and
emergency operation center and $3.2 million, to fund a youth baseball complex and park improvementS.
Furthermore, the electorate authorized the collection of a Section 48 sales tax effective July 1, 1999,
providing an additional half-cent tax dedicated for recreational and infrastructure improvements, which
will provide self-support on this issuance. Management believes it will need to issue additional debt to
fund future wastewater treatment expansions, communication' upgrades, and drainage and park
improvements; so it plans to seek the approval of its electorate in late 2005 or early 2006.
Copyright e 1994-2004 Standard & Poor's, a division of The McGraw-Hili Cornpanies.
All Rights Reserved. Privacy Policy
JheMcGrow.HilJComponles . '",:" ",'-'.
http://www.ratingsdirect.com/Apps/RD/controller/ Artic1e?id=400551 ~type=&outputTyp~..; 10/25/2004
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MOODY'S ASSIGNS Aa3 RATING TO THE CITY OF LA PORTE [TX] $7 MILLION Cl Page 1 of3
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Global Credit Research
New Issue
5 OCT 2004
New Issue: La Porte (City of) TX
MOODY'S ASSIGNS Aa3 RATING TO THE CITY OF LA PORTE [TX] $7 MILLION CERTIFICATES OF
OBLIGATION, SERIES 2004
RATING AFFECTS $20.23 MILLION IN DEBT, INCLUDING THE CURRENT ISSUE
Municipality
TX
Moody's Rating
ISSUE
Certificates of Obligation, Series 2004
Sale Amount $7,000,000
Expected Sale Oate 10/25/04
Rating Description General Obligation Limited Tax
RATING
,Aa3 _
Opinion
NEW YORK, Od 5, 2004 .:.. Moody's Investors Service has assigned a Aa3 rating to the City of La Porte [TXl
$7 million Certificates of Obligation, Series 2004. Additionally, Moody's has affirmed the Aa3 rating on the
City's $13.23 million of general obligation debt outstanding. The rating affirmation is refledive ofthe City's
large tax base that is heavily industrialized, along with a'low direct debt ratio and a solid debt position'
charaderized by ample levels of financial reserves. Certificate proceeds will ~ used for the acquisition of
land and construction of street and drainage improvements and for the acquisition of land for the police
headquarters and emergency operations center. Annual principal and interest requirements are payable from
an ad valorem tax levied, within the limits prescribed by law, on all taxable property in the City and a pledge
ofthe City's revenues, not to exceed $1,000, ofthe Waterworks and Sewer System.
La Porte is located ~pproximately 25 miles southeast from downtown Houston and is bounded on the north
by the Houston Ship Channel and on the east by Galveston Bay. The City is located in close proximity to the
nation's largest concentration of petrochemical refineries. A number of these refineries and related _
companies are "located in the City's extra~erritorial jurisdiction (ET J). An "Industrial Distrid" ,has been created
by the City in the ETJ whereby the City annexes a portion of each industry in the District per a seven year
contrad. In exchange for being partially annexed, the industries pay taxes on the portion of property located
within the city limits and annual payment in-lieu-of taxes for the remainder of property. These in-lieu
payments currently approximate 53% of the amount of ad valorem taxes that would be due if the property
was located within the city limits. The fiscal 2004 assessed valuation (A.V.) is $1.5 billion, a 4% increase from
the previous year. The fiscal 2005 A.V. is not completed but preliminary numbers indicate a modest increase.
, The A.V. is 'not a true representation of the size of the City since only a portion of the industries are included'
in the A.V. Current estimates put the value of the industries not included in the A.V. at $2.25 billion. City
officials estimate the current build out of the City at 60% with residential construction leading the current A.V.
growth. It is Moodyis belief that comparable tax base growth will continue until 2007 when the current
industrial contrads expire, and then a considerable increase will transpire given that recently construded
industrial property will pay the 53%, or whatever new amount is negotiated, instead of the current 30%. .
This debt issuance raises the total debt outstanding of the City to $20.23 million, producing manageable debt
ratios of 1.4% on a dired basis and 4.5% overall, both represented as a percentage of the fiscal 2004 A.V.
The City has $12.9'million in authorized but unissued bond remaining and officials anticipate the next debt
issuance to occur in 2005. The rate of principal retirement is average with 49% amortized in ten years and all
debt matures by 2025. Debt service payments as a percientage of 2003 expenditures are reasonable at 9%.
City officials continue to preserve favorable levels of financial reserves as the fiscal 2003 G~neral Fund
balance is $6.8 million, or 28% of General Fund revenues. This is a slight decrease from the previous year"
http://www.moodys.com/moodys/cust/research/genoalReport/NeWOIc.20Issue/600026486/201 10/25/2004
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MOODY'S ASSIGNS Aa3 RATING TO THE CITY OF LA PORTE [TX] $7 MILLION C; Page 2 of3
with the funds being utilized for various expenditures. Officials anticipate a comparable fund balance for the
close of fiscal 2004. Ad valorem taxes supply the largest portion of revenues contributing 42% of 2003
revenues, followed by industrial payments accounting for 27% and sales taxes only 7%. The ad valorem tax
rate of the City at$7. 1 01$1 ,000 of A.V. has not increased in 16 years and is comprised of operations and
maintenance tax rate of $5.85 and an interest and sinking fund tax rate of $1.25. There is not a large retail .
base within the City as most sales tax revenues are generated from basic living needs such as grocery
stores and service related companies. Moody's believes a healthy financial position will remain for the City
through proven conservative budgeting pradices.
KEY STATISTICS:
Estimated population: 33,789
Fiscal ~004 assessed valuation: $1.5 billion
Direct debt ratio: 1.4%
Overall d,ebt ratio: 4.5%
Payout of principal (10 years): 49%
FY03 General Fund balance: $6.8 million (28% of General Fund revenues)
Analysts
Jody Savant
.Analyst
Public Finance Group
Moody's Investors Service
Nora Wrttstruck
Backup Analyst
Public Finance Group
Moody's Investors Service
Contacts
Journalists: (212) 553-0376
Res,earch Clients: (212) ~53-1653
..
@ Copyright 2004, Moody's Investo-rs Service, !nc. and/or its licensors including Moody's Assurance Company, Inc,
(together, "MOODY'S"). All rights reserved. .
ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT tAW AND NONE OF SUCH INFORMATION MAY BE
COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED,
REDISTRlBUTEDOR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY
FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRIlTEN CONSENT. All
information contained' herein is obtained by MOODY'S frorn sources believed by It to be accurate and reliable. Because of the
possibility of hurnan or rnechanical error as well as other factors, however, such Inforrnatlon Is provided "as Is" without warranty
of any kind and MOODY'S, In particular, rnakes no representation or warranty, express or Irnplied, as to the accuracy, tirnellness,
cornpleteness, rnerchantablllty or fitness for any particular purpose of any such Inforrnatlon. Under no clrcurnstances shall
MOODY'S have any liability to any person or entity for (a) any loss or darnage in 'whole or in part caused by, resulting frorn, or
relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or
any of Its directors, officers, ernployees or agents in connection with the procurernent, collection, cornpilation, analysis,
Interpretation, cornrnunlcation, publication or delivery of any such inforrnation, or (b) any direct, Indirect, special, consequential,
cornpensatory or Incidental damages whatsoever (Including without Iirnltation, lost profits), even If MOODY'S Is advised In
advance of the possibility of such darnages, resulting frorn the use of or Inab!lity to use, any such Inforrnation. The credit ratings
and financial reporting analysis observations, If any, constituting part of the Inforrnatlon contained herein are, and rnust be
construed solely as, ,staternents of opinion and not staternents of fact or recornrnendatlons to purchase, sell or hold any
securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY
MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion rnust be weighed solely as one factor In any
investrnent decision made by or on behalf of any user of 'the inforrnation contained herein, and each such user rnust accordingly
rnake Its own study and evaluation of each 'security and of each Issuer and guarantor of,' and each provider of credit support for,
each security that It rnay consider purchasing, holding or selling.
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MOODY'S ASSIGNS AaJRATING TO THE CITY OF LA PORTE [TX] $7 MILLION t..: Page 3 of3
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MOODY'S hereby discloses that rnost issuers of debt securities' (including corporate and rnunicipal bonds, debentures, notes and
cornrnercial paper) and preferred stock rated by MOODY'S have, prior to assignrne~t of any rating, agreed to pay to MOODY'S for
appraisal and rating'services rendered by It fees ranging frorn $1,500 to $2,300,000. Moody's Corporation (MCO) and Its wholly-
owned credit rating agency subsidiary, Moody's investors Service (MIS), also rnaintain policies and procedures to address the .
Independence of MIS's ratings and rating processes. Information regarding certain affiliations that rnay exist between directors
of MCa and rated entities, and between entities who hold ratings frorn MIS and have al!?o publicly reported to the SEC an
ownership Interest In MCO of rnore than 5%, Is posted annually on Moody's webslte at www.rnoodys.com under the heading
"Shareholder Relations - Corporate Governance - Director and Shareholder Affiliation Policy." .,
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