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R-1476-12-96RESOLUTION NO. 1476-12-96 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A PROGRAM OF LEGISLATION POLICY AND PRIORITIES FOR THE SEVENTY-FIFTH TEXAS LEGISLATURE, 1997 REGULAR SESSION, AND DIRECTING LOBBYING ACTIVITIES OF COUNCILMEMBERS AND STAFF. WHEREAS, cities represent the level of government closest to the people, bear the responsibility for providing capital infrastructure and for ensuring our citizens health and safety; and, WHEREAS, cities are focal points of economic growth and development, where the vast majority of economic development will take place, and therefore must be seen as full partners in Texas' economic development efforts; and, WHEREAS, the seventy-fifth session of the Texas Legislature will convene beginning January 14, 1997; and, WHEREAS, many legislative issues affecting municipal government and the citizens of Allen will be considered; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1. The City of Allen, its officials and staff, will communicate with Texas legislators, both directly and through the Texas Municipal League, in order to influence the passage of legislation that benefits the City of Allen and the defeat of legislation that harms the City of Allen. SECTION 2. The City of Allen will direct its lobbying efforts with respect for the following principles: A. Home rule authority: Oppose any legislation which preempts or diminishes the City's home rule authority to govern local affairs. B. Local government revenues: Support legislation that promotes predictable and sufficient sources of revenue for local governments, and oppose legislation which has the effect of reducing their revenues. C. Unfunded mandates: Oppose the imposition of any state mandates which do not provide for a commensurate level of compensation. SECTION 3. The City Manager is hereby directed to develop implementation plans and execute the Legislative Program, including communications on behalf of the City of Allen to the Texas Municipal League and state legislators. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 5TH DAY OF DECEMBER, 1996. APPROVED: 0 Af- I Mi. AM-MILEM-1 ATTEST: J Mo ison, CMC, CITY SECRETARY Resolution No. 1476-12-96 (R) Page 2 RESOLUTION NO. 1476-12-96(R) CITY OF ALLEN LEGISLATIVE PROGRAM 1997 LEGISLATIVE SESSION I. PURPOSE OF THE PROGRAM: To influence legislative action in a manner that promotes these central values of municipal government: efficient operations and management, political responsiveness, equitable distribution of services and opportunities, and the protection of individual rights of citizens. II. GOALS: The City's Legislative Program will focus on three priority issues and attempt to accomplish the following. A. Home rule authority: Oppose any legislation which preempts or diminishes the City's home rule authority to govern local affairs, including legislation that would restrict uses of or increase state controls and reporting requirements over 4A and 4B sales tax or municipal tax abatement authority; and legislation that would erode cities' present powers over annexation and eminent domain. B. Local government revenues: Support legislation that promotes predictable and sufficient sources of revenue for local governments, and oppose legislation which has the effect of reducing their revenues. C. Unfunded mandates: Oppose the imposition of any state mandates which do not provide for a commensurate level of compensation, and support legislation which prohibits the state from mandating local government action without providing a commensurate level of funding. III. OTHER PRIORITY INITIATIVES: Subordinate to the top three priorities, the City intends to pursue these other important issues. A. Civil Service: Oppose legislation that makes it easier to adopt civil service regulations for police and fire employees. B. Public Officials Immunity: Support legislation which caps liability for individual public officials with respect to non -intentional torts. C. Highway Funding: Support legislation which will improve funding for highways in Collin County, including state budget authorizations, ISTEA reauthorization, and creation of a North Texas Turnpike Authority. Utilities and Franchising: Support legislation with regard to electric, ONE BUTLER CIRCLE ALLEN, TEXAS 75013 214/727-0100 RESOLUTION NO. 1476-12-96(R) Page 2 1997 Legislative Program December 2, 1996 telephone, gas or cable utilities that would (a) protect cities' authority to control their right-of-ways; (b) protect cities' authority to grant franchises and collect appropriate fees; and (c) require utilities to possess valid franchises or municipal agreements in order to apply for or hold state or federally required authorization to operate. V. ACTION TEST: The City's Legislative Program will take action on particular legislative bills, topics, or initiatives, which merit the highest level of attention, determined by the result of applying the following "test. " A. Does the initiative address a central municipal value, or is it only indirectly related to municipal government? B. Does the initiative address a current, high-priority issue, such as civil service or public officials' immunity? C. Does the initiative affect Allen now or in the future? D. Can Allen commit the time and effort necessary to overcoming whatever opposition we may face over the initiative? What "category of effort" does TML attach to this initiative? (i.e. what are our chances of "winning?") E. What is the relative priority of this issue with respect to other current and anticipated legislation? VI. CATEGORIES OF EFFORT: Staff will place each initiative into one of four levels of support or opposition. A. Oppose. The City will actively and vigorously attempt to defeat the initiative because it is detrimental to Allen. B. Seek introduction and passage. The City will attempt to find a sponsor, will provide testimony, and will otherwise actively pursue passage. C. Support. The City will actively attempt to obtain passage of the initiative if it is introduced by some other entity. The City will provide testimony. D. Endorse. The City will make its support known but will not actively pursue passage. RESOLUTION NO. 1476-12-96(R) Page 3 1997 Legislative Program December 2, 1996 VII. ELEMENTS OF THE PROGRAM: A. Goal -setting. Mayor' Subcommittee will recommend goals which reflect priority issues to the City Council, who will adopt by resolution a Legislative Program, including such goals. B. Identifying bills. Staff will focus on bills which fall under Council -adopted goals. C. Staff analysis and recommendations. Department heads will seek input and approval from the City Manager, Assistant City Manager (ACM), and in some cases the Mayor's Committee, as to what category of effort to assign and what action to take. Staff may take own action or recommend action by City Manager or Council, and will report results to the ACM. D. Staffing and communications. ACM reports periodically to the Mayor's Committee through City Manager, and will maintain a "clearinghouse" of bills, analyses, communications, etc. ACM will report monthly to the full Council, including a complete wrap-up at the end of the session. E. Council actions (optional). Adopt resolutions(s) supporting or opposing specific bills. F. Testimony and other lobbying (optional). Mayor's Committee, Council members and staff may be called upon to travel to Austin to testify before legislative committees, or meet privately with legislators, on bills of the highest priority. G. Staff Policy Positions. From time to time, professional associations to which staff members belong will adopt positions on legislation which contradict positions taken by the Council on the same issue. Staff members are permitted to support the positions of their professional associations as long as they speak in the capacity of their vocation and not in connection with the City of Allen (i.e. a professional parks and recreation manager, not the Parks and Recreation Director of the City of Allen). H. Tracking bills. ACM will provide Council and staff with up-to-the-minute status of bills, notice of legislative hearings, etc. through the use of an electronic subscription service. ACM will also offer the information to Chamber of Commerce and AISD officials on a request basis. Time Frame. Council should adopt the Legislative Program before or as RESOLUTION NO. 1476-12-96(R) Page 4 1997 Legislative Program December 2, 1996 early in the regular session as possible. The session will run through May 30. If special sessions are required, the Council may consider a new Legislative Program for each special session. Otherwise, the goals and objectives for the regular session may apply.