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HomeMy WebLinkAboutResolution No. R2024-24 RESOLUTION NO. R2024-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING LEGISLATIVE PRIORITIES FOR THE 89TH LEGISLATIVE SESSION OF THE TEXAS LEGISLATURE; SUPPORTING CERTAIN LEGISLATIVE INITIATIVES FOR SUBMISSION TO THE TEXAS MUNICIPAL LEAGUE FOR ITS CONSIDERATION AND POSSIBLE INCLUSION IN ITS LEGISLATIVE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. *******************************************:****************************************** WHEREAS,both local government officials and state legislators are elected to act in the best interest of the citizens they represent, to be informed on the needs of their constituents and communities, and to protect the public health, safety, and welfare; and WHEREAS, local governments in Texas are impacted by state and federal legislation;and WHEREAS, the City of Friendswood desires to establish a legislative agenda in order to ensure that it has the necessary authorities and resources in which to fulfill the desired needs of its citizens; and WHEREAS,by establishing such an agenda,officials of the City can provide both information and assistance on matters related to bills that come before the Legislature so that they may have the resources to call upon when making decisions that impact the lives of their constituents;and WHEREAS,the City will continue to strive to work with other entities,including,but not limited to, cities and the Texas Municipal League("TML"),when the positions of such entities are consistent with the City of Friendswood's legislative agenda; and WHEREAS,in effort to publicize the City of Friendswood's legislative agenda,the City Council fmds it in the best interest of the City to submit to TML not only its legislative agenda but also specific legislative changes for which TML may seek introduction and passage as part of its legislative program; and WHEREAS, in establishing the City's Legislative Agenda and working with TML and Texas Legislators,it is the City's hope that Friendswood and Texas would be propelled forward to create a stronger and more vibrant city and state;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. That all matters and facts set forth in the recitals hereinabove are found to be true by the City Council of the City of Friendswood. Section 2. For the 89th Texas Legislative Session,the City Council hereby adopts the legislative priorities contained in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 3. Based upon the priorities adopted in Section 2 hereof,the City Council of the City of Friendswood,Texas,desires to submit to the Texas Municipal League the legislative initiatives contained in Exhibit"B,"which is attached hereto and incorporated herein for all intents and purposes,for their inclusion in its legislative program. Section 4. The City Council directs the City Secretary to forward a copy of this Resolution upon its passage to the Texas Municipal League and each of our local Texas Legislators,the Texas Speaker of the House,the Texas Lieutenant Governor,and the Texas Governor. Section 5. This resolution shall be effective immediately upon its passage and approval. INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of Friendswood on this the 5th day of August, 2024. MIKE FO M , Mayor ATTE, : ' litali $ Ft1END AL1I FA .kq4 F 41, LE ICIA BRYSCH, City 1110 . _ J ' ", LT.. k- p T44 Q Y `" v! APPROVED AS TO FORM: �S'iq TE OF,V+Q- J KAREN L. HORNER, City Attorney H:\City Council\Resolutions\2024\08-05-2024\AutoRecovery save of Resolution--2025 Legislative Agenda.doc 2 EXHIBIT"A" The City of Friendswood supports and opposes,as applicable,the following: Support > Support legislation that preserves local control,promotes the general interests of the City's residents, and enhances the City of Friendswood's ability to solve problems and improve the quality of life for its residents; > Support legislation that allows the City of Friendswood to set its budget and levy its taxes in accordance with the needs of Friendswood's residents; > Support state-funded and local-option funding choices for economic development purposes; ➢ Support legislation that increases street maintenance sales tax flexibility; > Support legislation that allows alternate methods of publications for legal notices; > Support legislation that protects the City and its citizens in emergency situations;and ➢ Support legislation that increases the competitive bidding threshold to account for increased costs to cities. Oppose > Oppose legislation that decreases the authority of home-rule cities; > Oppose unfunded state mandates; > Oppose legislation that preempts or erodes the authority of city government and its citizens or is detrimental to the City's ability to pursue citizen priorities or respond to local citizen concerns; > Oppose legislation that changes the current property or sales tax systems, as well as other income- producing structures in a manner that would cause the City of Friendswood to lose revenue or the ability to raise revenue; > Oppose legislation that would further lower or expand the appraisal cap; ➢ Oppose legislation that would preempt or erode municipal franchise fee authority; > Oppose preemptive legislation that either limits the scope of existing authority or that would weaken the City of Friendswood's ability to sustain the land use character of the City; > Oppose legislation that would restrict the use of economic development tools available to local governments such as tax abatement,tax increment reinvestment zones and Chapter 380 agreements; and ➢ Oppose legislation that erodes municipal governmental/official immunity. EXHIBIT "B" Exhibit B-1 Emergency generators Exhibit B-2 Street maintenance sales tax Exhibit B-3 Speed limits in residential districts Exhibit B-4 Advisory committee's personal information Exhibit B-5 Notice for zoning map amendments Exhibit B-6 Relocation assistance Exhibit "B-1" 2024 TML RESOLUTION COVER SHEET Sponsoring Entity(City,TML Affiliate, and/or TML Region): City of Friendswood Brief Background: Hurricanes and winter storms have brought renewed national attention to the life-threatening impacts of the loss of electrical power on vulnerable populations. When power is lost, residents of nursing homes and assisted living facilities are susceptible to weather-related illnesses and sometimes even death. Currently,certain nursing homes and assisted living facilities are required to have a generator to power only specified safety features, including emergency lighting, alarm systems, illumination of exit signs, and communication systems, but not air condition or heating systems. This resolution proposes changes to address shortcomings in requirements related to backup generators in nursing homes and assisted living facilities. What the Resolution is Intended to Accomplish: This proposed change will require nursing homes and assisted living facilities to have generators for the purpose of providing backup power to meet all of their residents'needs,including air conditioning and heat, as applicable. Specifically, the proposed resolution requires nursing homes and assisted living facilities to have generators or a comparable power source and fuel to run for at least 72 hours during a power outage. The proposed amendment places this obligation on all nursing homes and assisted living facilities by a date certain and requires inspections to ensure the operation of the required equipment. How the Resolution is City-Related/How it Addresses a Municipal Issue: As a result of the aging population in all communities throughout the country, many of our elderly or infirmed citizens find themselves in nursing homes and/or assisted living facilities. The City of Friendswood, like other coastal communities, is particularly vulnerable during hurricane season. At-risk citizens in our communities need protection from the harsh effects of power losses that often result when hurricanes and other extreme weather events occur. Statewide Importance: The state recognized this problem in 2021, received a report from the Commission in 2022, but failed thereafter to take any action in 2023. This proposed resolution protects the health, safety, and welfare of the State's most vulnerable population when power outages occur. Submitted By: Name: Mike Foreman Title: Mayor City, TML Affiliate or TML Region: City of Friendswood Email: mayor@friendswood.com H:\City Council\Resolutions\2024\08-05-2024\2024 TML Cover Sheet-Generator Requirements.docx A RESOLUTION RELATING TO GENERATOR REQUIREMENTS FOR NURSING HOMES AND ASSISTED LIVING FACILITIES WHEREAS, hurricanes, winter storms, and other extreme weather events have brought renewed national attention to the life-threatening impacts of the loss of electrical power on vulnerable populations;specifically,when power is lost,residents of nursing homes and assisted living facilities are susceptible to weather-related illnesses and sometimes even death; and WHEREAS, nursing homes and assisted living facilities are currently required to have a generator to power only specified safety features, including, emergency lighting, alarm systems, illumination of exit signs, and communication systems,but not air conditioning or heating systems. NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2024 Annual Conference of the Texas Municipal League that the League supports legislation to make changes to require nursing homes and assisted living facilities to have generators for the purpose of: (a) providing backup power to meet all the needs of their residents, including air conditioning and heat, and to require that nursing homes and assisted living facilities have generators or a comparable power source and fuel to run for at least 72 hours during a power outage; (b) requiring this obligation to be placed on all nursing homes and assisted living facilities by a date certain; and (c) requiring inspections to be conducted to ensure the operation of the required equipment. PASSED AND APPROVED by the Membership of the Texas Municipal League this loth day of October,2024, in Houston, Texas. APPROVED: Tito Rodriguez, President ATTEST: Bennett Sandlin, Executive Director H:\City Council\Resolutions\2024\08-05-2024\TML Resolution-Generator Requirements.docx Exhibit "B-2" 2024 TML RESOLUTION COVER SHEET Sponsoring Entity (City, TML Affiliate, and/or TML Region): City of Friendswood Brief Background: The Texas Comptroller's Offices recognizes that"[m]any cities do not have the funds necessary to repair existing streets and sidewalks [and that] [t]he Tax Code authorizes cities to impose a special sales tax to fund maintenance of this important mobility infrastructure." Unfortunately, there is a conflict in the Tax Code as to the expiration of such tax. Specifically, Subsection(a)of Section 327.007 of the Tax Code generally provides that the tax expires four(4) years after the date the tax took effect. On the other hand, Subsection (b) of that same section states that the tax expires four(4) years after the date of the election. Because Subsection (b) is the language given to the voters when reauthorizing the tax and is cities' contract with the voters, such subsection should control. As such, many cities are holding elections early so to ensure that the tax does not expire prior to the reauthorization. For instance,a city,which holds elections only on November uniform election dates and adopts the tax on November 5,2024,would need to hold the reauthorization election on November 2, 2027, instead of November 7, 2028, since the tax would have expired on November 5, 2028, prior to the 2028 uniform election date. Fortunately, the Texas Comptroller's Office has not interpreted the statute so stringently. However, the Texas Secretary of State's Office does. What the Resolution is Intended to Accomplish: This resolution proposes to address the above- referenced conflict in order to provide both voters and cities certainty as to when the tax expires and when a reauthorization election is necessary. Clarifying Section 327.007 of the Tax Code will also provide cost savings to those cities that are holding reauthorization elections almost a year early due to the expiration of the tax. How the Resolution is City-Related/How it Addresses a Municipal Issue: This resolution affects all cities that have adopted or will adopt a municipal sales and use tax for street maintenance under Chapter 327 of the Tax Code. Statewide Importance: This resolution will resolve the conflict between the interpretations of the Texas Secretary of State's Office and the Comptroller's Office as to the expiration and permissible reauthorization of the tax. Submitted By: Name: Mike Foreman Title: Mayor City,TML Affiliate or TML Region: City of Friendswood Email: mayor@friendswood.com H:\City Council\Resolutions\2024\08-05-2024\2024 TML Cover Sheet-Street Maintenance Sales Tax.docx A RESOLUTION RELATING TO THE BALLOT LANGUAGE FOR THE STREET MAINTENANCE SALES AND USE TAX WHEREAS,a conflict exists in the Tax Code as to the expiration of the street maintenance sales and use tax as to whether the tax expires four(4)years after the date the tax took effect or four(4)years after the date of the most recent reauthorization election; and WHEREAS, such conflict has caused some municipalities to hold elections early to ensure that the tax does not expire prior to the reauthorization, e.g., a municipality, which holds elections only on November uniform election dates and adopts the tax on November 5, 2024, would need to hold the reauthorization election on November 2, 2027, instead of November 7, 2028, since the tax would have expired on November 5, 2028, prior to the 2028 uniform election date; and WHEREAS, this conflict has been recognized by the Texas Secretary of State's Office, which has attempted to amend the ballot language(the contract with the voters) in past legislative sessions, to no avail; and WHEREAS,resolving this conflict by clarifying when the tax expires will not only provide certainty to voters and municipalities as to the expiration of the tax but also eliminate unnecessary expenses incurred by municipalities holding reauthorization elections almost a year early due to the conflict in the law; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2024 Annual Conference of the Texas Municipal League that the League supports legislation to revise the ballot language for the street maintenance sales and use tax to mirror the ballot language used for the reauthorization of crime control districts and fire control, emergency medical services districts so that early elections are not needed for reauthorization elections occurring as a result of the fluctuations in the uniform election dates. PASSED AND APPROVED by the Membership of the Texas Municipal League this 10th day of October, 2024, in Houston, Texas. APPROVED: Tito Rodriguez, President ATTEST: Bennett Sandlin, Executive Director H:\City Council\Resolutions\2024\08-05-2024\TML Resolution-Street Maintenance Sales Tax.docx Exhibit "B-3" 2024 TML RESOLUTION COVER SHEET Sponsoring Entity(City, TML Affiliate, and/or TML Region): City of Friendswood Brief Background: Current speed limits on residential streets may, at times, be unsafe for children and adults alike. Reducing travel speeds on such streets will allow for increased reaction time for drivers and pedestrians, avoidance of some accidents, and a reduction of the severity of injuries. Current state law requires municipalities to perform extensive engineering or traffic investigations in order to declare a lower speed limit. What the Resolution is Intended to Accomplish: While TML's proposed legislative program supports legislation that lowers the prima facie speed limit from 30 to 25 miles per hour without the need for a speed study, this proposed resolution allows cities to lower the speed limit further to 20 miles per hour without such a study if it finds that the prima facie speed limit is unreasonable or unsafe. How the Resolution is City-Related/How it Addresses a Municipal Issue:This resolution better protects the safety of children,pedestrians, and bicyclists along residential streets. Statewide Importance: This proposed resolution protects Texans of all ages while on residential streets. Submitted By: Name: Mike Foreman Title: Mayor City, TML Affiliate or TML Region: City of Friendswood Email: mayor@friendswood.com H:\City Council\Resolutions\2024\08-05-2024\2024 TML Cover Sheet-Lower Speed Limits.docx A RESOLUTION RELATING TO LOWERING SPEED LIMITS ON RESIDENTIAL STREETS— "TWENTY IS PLENTY" WHEREAS,current speed limits on residential streets may,at times, be unsafe for children and adults alike; and WHEREAS,reducing travel speeds on such streets will allow for increased reaction time for drivers and pedestrians, avoidance of some accidents, and a reduction of the severity of injuries; and WHEREAS, current state law requires municipalities to perform extensive engineering or traffic investigations to declare a lower speed limit; and WHEREAS,research shows that the implementation of 20 mile-per-hour speed limits in areas where vulnerable users (e.g., pedestrians and bicyclists) share the road with motorists may result in further safety benefits, including the reduction of motor vehicle accidents and fatalities; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2024 Annual Conference of the Texas Municipal League that the League supports legislation that allows cities to lower the speed limit to 20 miles per hour without performing engineering or traffic studies if it finds that the prima facie speed limit is unreasonable or unsafe. PASSED AND APPROVED by the Membership of the Texas Municipal League this 10th day of October, 2024, in Houston, Texas. APPROVED: Tito Rodriguez, President A F1'EST: Bennett Sandlin, Executive Director P:\City Council\TML Resolutions\TML Resolution-Lower Speed Limits.docx Exhibit "B-4" 2024 TML RESOLUTION COVER SHEET Sponsoring Entity(City,TML Affiliate, and/or TML Region): City of Friendswood Brief Background: The Texas Public Information Act allows employees and officers to elect whether to allow public access to the home addresses, home telephone numbers, emergency contact information,social security numbers,and other information that reveals whether the person has family members.' Because an officer is not defined in the Act,one must look to common law for the definition of an "officer." Common law has long held that the test to determine whether a person is an officer is "whether any sovereign function of the government is conferred upon the individual to be exercised by him for the benefit of the public largely independent of the control of others.i2 Citizens who are appointed to advisory committees, commissions and boards of a city, do not exercise any sovereign function of the City; therefore, these volunteers' private information could be subject to disclosure to the public. What the Resolution is Intended to Accomplish: The proposed resolution proposes to protect the personal information of persons who graciously volunteer their time and talents to serve their communities. This protection is needed to ensure that volunteers can serve without fear of harassment, intimidation or injury. How the Resolution is City-Related/How it Addresses a Municipal Issue: Service on advisory boards/commissions/committees of cities is vital to the operations and functions of the City. The Public Information Act should not be a deterrent to citizens who wish to serve. Statewide Importance: Changes in the Act will protect the private information of all Texans who volunteer for the benefit of their communities. Submitted By: Name: Mike Foreman Title: Mayor City, TML Affiliate or TML Region: City of Friendswood Email: Mayor@friendswood.com 1 Tex.Gov't Code Ann. §552.024. 2 Aldinelndep. Sch.Dist. v.Standley,280 S.W.2d 578,583(Tex. 1955). A RESOLUTION RELATING TO PERSONAL INFORMATION OF MEMBERS OF ADVISORY BOARDS, COMMISSIONS, AND COMMITTEES WHEREAS, the Texas Public Information Act(the "Act") allows employees and officers to elect whether to allow public access to the home addresses, home telephone numbers, emergency contact information, social security numbers, and other information that reveals whether the person has family members; and WHEREAS, the same protection is not afforded in the Act to members of advisory committees, boards or commissions (collectively "committees") since they are not technically "officers" of a municipality, as they do not exercise any sovereign function of the city but serve only in an advisory capacity; and WHEREAS,these volunteers'private information is subject to disclosure to the public; and WHEREAS, citizens may not desire to volunteer for various committees, a service which is vital to the operations and functions of municipalities across the state, if they know their personal information is subject to disclosure; and WHEREAS, personal information of persons who graciously volunteer their time and talents to serve their communities should be protected to the same extent officers' and employees' information is protected so that they can serve without fear of harassment, intimidation or injury; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2024 Annual Conference of the Texas Municipal League that the League supports legislation to protect the personal information of members of municipal advisory committees to the same extent such protections are afforded to municipal officers and employees. PASSED AND APPROVED by the Membership of the Texas Municipal League this 10th day of October,2024, in Houston,Texas. APPROVED: Tito Rodriguez, President A[TEST: Bennett Sandlin, Executive Director H:\City Council\Resolutions\2024\08-05-2024\TML Resolution-Advisory Committees.docx Exhibit "B-5" 2024 TML RESOLUTION COVER SHEET Sponsoring Entity(City, TML Affiliate, and/or TML Region): City of Friendswood Brief Background: In 2022, an appellate court held that a city was required to send upwards of 250,000 notices for the proposed comprehensive amendments to its zoning ordinance even though such notices were not required when the city adopted its original zoning regulations and district boundaries.' As, such there is a need for clarity as to what notice will be required for zoning map and zoning text amendments. What the Resolution is Intended to Accomplish: The proposed resolution is intended to provide clarity as to when notice is required to be given to owners of real property within 200 feet of the property subject to a zoning change. How the Resolution is City-Related/How it Addresses a Municipal Issue: This resolution provides clarity for all cities that have adopted zoning regulations. Statewide Importance: Texans and Texas cities throughout the state are better served by clearer statutory notice requirements for amendments to official zoning maps. Submitted By: Name: Mike Foreman Title: Mayor City, TML Affiliate or TML Region: City of Friendswood Email: mayor@friendswood.com H:\City Council\Resolutions\2024\08-05-2024\2024 TML Cover Sheet-Zoning Notices.docx 1 City of Austin v.Acuna,651 S.W.3d 474(Tex.App.—Houston[14th Dist.]2022,no pet.). A RESOLUTION RELATING TO NOTICE REQUIREMENTS FOR ZONING AMENDMENTS WHEREAS,municipalities are required to send notices to property owners within 200 feet of property for which a zoning classification change is proposed; and WHEREAS, recently, an appellate court held that a municipality was required to send upwards of 250,000 individual notices for a proposed comprehensive zoning classification amendment,although such notices were not required when the original zoning district boundaries were adopted; and WHEREAS,there is a need for clarity regarding when such notices are required to be sent to owners of real property within 200 feet of a property subject to a zoning classification change; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2024 Annual Conference of the Texas Municipal League that the League supports legislation to clarify notice requirements for zoning classification changes. PASSED AND APPROVED by the Membership of the Texas Municipal League this loth day of October,2024, in Houston, Texas. APPROVED: Tito Rodriguez, President ATTEST: Bennett Sandlin, Executive Director H:\City Council\Resolutions\2024\08-05-2024\TML Resolution-Zoning Notices.docx Exhibit "B-6" 2024 TML RESOLUTION COVER SHEET Sponsoring Entity(City,TML Affiliate, and/or TML Region): City of Friendswood Brief Background: In eminent domain proceedings, cities and other governmental entities are required to provide relocation assistance to persons permanently or temporarily displaced by actions of the government. Prior to 2011, such relocation assistance was not mandatory but was permissive. However, in 2011, when changing the may's to shall's, the legislature failed to make any further changes — specifically regarding code enforcement actions. As a result, a person or entity which allows its property to become substandard and unfit for human use and habitation, and thus requiring code enforcement action, is entitled to relocation assistance at the expense of the governmental entities. This result appears to be not only unintended(as there is no reference in the 2011 bill analysis to code enforcement actions)but also against public policy(as persons or entities should not be rewarded for allowing their property to become in such disrepair as to require code enforcement actions). What the Resolution is Intended to Accomplish:This proposed resolution is meant to allow,but not require, governmental entities to provide relocation advisory services to persons who are displaced as a direct result of code enforcement actions. How the Resolution is City-Related/How it Addresses a Municipal Issue: This resolution proposes to no longer require municipalities to provide a benefit in the form of relocation assistance to persons who fail to maintain their property to such an extent that it is dangerous and subject to demolition. Years of neglect and ignoring code enforcement attempts at voluntary compliance should not result in a windfall to property owners. Statewide Importance: The proposed resolution aligns public policy with the appropriate expenditure of public funds. It affects not only municipalities but all governmental entities who enforce various codes and regulations to protect the public health and safety of their citizens. Submitted By: Name: Mike Foreman Title: Mayor City, TML Affiliate or TML Region: City of Friendswood Email: mayor@friendswood.com H:\City Council\Resolutions\2024\08-05-2024\2024 TML Cover Sheet-Relocation Policy.docx A RESOLUTION RELATING TO THE ELIMINATION OF RELOCATION ASSISTANCE FOR CODE ENFORCEMENT ACTIONS WHEREAS, in eminent domain proceedings, cities and other governmental entities are required to provide relocation assistance to persons permanently or temporarily displaced by actions of the government; and WHEREAS, prior to 2011, such relocation assistance was not mandatory but was permissive; and WHEREAS, in 2011, when changing the may's to shall's, the legislature failed to make any further changes—specifically regarding code enforcement actions; and WHEREAS, as a result of such drafting, a person or entity, which allows its property to become substandard and unfit for human use and habitation, and thus requiring code enforcement action, is entitled to relocation assistance at the expense of the governmental entities — a result, which was both unintended (as there is no reference in the 2011 bill analysis to code enforcement actions) and against public policy (as persons or entities should not be rewarded for allowing their property to become in such disrepair as to require code enforcement actions); and WHEREAS, municipalities should have the ability to provide relocation assistance, but not have the obligation to do so, to persons who are displaced as a direct result of code enforcement actions; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2024 Annual Conference of the Texas Municipal League that the League supports legislation to eliminate required relocation assistance to persons and entities that allow their property to become substandard and unfit for human use or habitation and allow municipalities to provide such assistance in order to promote a public purpose with an appropriate use of public funds. PASSED AND APPROVED by the Membership of the Texas Municipal League this 10th day of October, 2024, in Houston,Texas. APPROVED: Tito Rodriguez, President ATTEST: Bennett Sandlin, Executive Director H:\City Council\Resolutions\2024\08-05-2024\TML Resolution-Relocation Assistance.docx