2020-85 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-85
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING THE TOWN'S LEGISLATIVE AGENDA FOR THE 87T"
TEXAS LEGISLATIVE SESSION; AUTHORIZING CERTAIN PERSONS TO
REPRESENT AND COMMUNICATE THE TOWN'S LEGISLATIVE INTERESTS;
AUTHORIZING THE MAYOR AND TOWN MANAGER TO SIGN ALL LETTERS,
PETITIONS, AND/OR OTHER DOCUMENTS ON BEHALF OF THE CITY TO
PROMOTE THE CITY'S LEGISLATIVE AGENDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
.qFCTInN 9
appropriate legislation, seeking a sponsor, and actively pursuing passage of such legislation by
providing testimony and through other means.
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For those items designated as "oppose," the Mayor, Town Manager, and/or the Town
Manager's designee are directed to oppose the passage of any such legislation.
SECTION 5
The Mayor and the Town Manager are specifically authorized to sign any and all letters,
petitions, and/or other documents on behalf of the Town in order to promote the Town's 2021
Legislative Agenda.
SECTION 6
When testimony before various committees is needed to support or oppose a bill, the
Mayor, the Town Council Members, the Town Manager, or the Town Manager's designee are
authorized to testify so long as the testimony is consistent with the approved 2021 Legislative
Agenda.
SECTION 7
This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 24T" DAY OF NOVEMBER, 2020.
APPROVED:
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Ray Smith, Oayor
ATTEST:
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Melissa Lee, own Secretary .. ;
APPROVED AS 10 AND LEGALITY:
Terrence S. Welch, Town Attorney°°,�►• �, ��``
Resolution No. 2020-85, Page 2
EXHIBIT "A"
TOWN OF PROSPER
2021 LEGISLATIVE AGENDA
LEGISLATIVE PHILOSOPHY
The following Legislative Agenda represents the Town of Prosper's legislative initiatives and
priorities for the 87th Legislative Session and establishes the Town's position on key legislative
issues. The Town of Prosper is committed to providing efficient and effective municipal
government services to its residents, businesses, visitors, and community stakeholders.
The Town will support legislation that protects home rule authority, advances the principles of
local decision -making, protects or enhances municipal revenue sources, and enhances the
health, safety and welfare of its residents in the spirit of self -governance. Conversely, the Town
will oppose legislation that preempts or erodes municipal authority on local matters, impedes the
Town's ability to allocate resources to locally determined projects and services, or is otherwise
detrimental to the Town and its constituents.
Throughout this document, it is understood that a position statement supporting a legislative
action also establishes opposition to legislative measures that would have the opposite effect,
and vice versa.
LEGISLATIVE INITIATIVES
• Support legislation that eliminates the $1.5 million cap on certain municipal competitive
sealed proposals, codified in Section 252.043(d-1) of the Texas Local Government Code,
and expands the use of the competitive sealed proposal method of procurement for road
and utility (horizontal) infrastructure projects.
LEGISLATIVE PRIORITIES
TRANSPORTATION
• Support legislation that seeks to fund local transportation projects.
• Support legislation that provides funding to maintain and rehabilitate existing and
aging infrastructure.
• Support legislation that promotes innovative financing tools for the construction,
rehabilitation, and maintenance of local transportation and infrastructure projects.
• Support legislation that promotes pay-as-you-go financing for capital projects by
authorizing a dedicated property tax rate that is classified similarly to the debt service
tax rate in property tax rate calculations.
DEVELOPMENT
• Support legislation that seeks to repeal, or makes beneficial amendments to, H.B.
2439 from the 86th legislative session (the building materials bill), now codified in
Chapter 3000 of the Texas Government Code.
• Support legislation that seeks to limit state intrusion in the land development process
by making beneficial amendments to H.B. 3167 regarding platting procedures (the 30-
day shot clock bill).
Resolution No. 2020-85, Page 3
EXHIBIT "A"
• Oppose legislation that preempts municipal authority related to land use and zoning,
local amendments to building codes, local building permit fees, tree preservation,
short-term rentals, and eminent domain.
PUBLIC SAFETY
• Support legislation and measures that strengthen the integrity, effectiveness, and
transparency of local law enforcement, and oppose any measures that weaken the
same.
• Support legislation that preserves qualified immunity for public safety personnel acting
within the bounds of departmental policies and procedures in the performance of their
official duties.
• Support legislation that clarifies the roles of state, county and municipal governments
in emergency management, and their respective authority, powers, and duties during
a local state of disaster.
ECONOMIC DEVELOPMENT
• Support legislation that preserves all economic development programs and tools
currently available under state law.
• Support legislation and programs that retain and attract new and existing businesses.
• Support legislation that promotes new and innovative financing tools that would
leverage state funds to create jobs.
• Support legislation that would maintain funding for grants and programs that improve
workforce training.
FINANCIAL STRENGTH
• Support legislation that would preserve the Town's use of certificates of obligation
(COs) to fund necessary capital projects, and for the debt from COs to continue to be
funded from the Town's interest and sinking (I&S) tax rate.
• Support legislation that preserves the Town's ability to control, manage, and collect
reasonable compensation for the use of municipal rights -of -way.
• Oppose legislation that imposes further revenue caps or tax caps that restrict the
Town's capacity to generate the revenue needed to provide the high level of municipal
services expected by Town of Prosper residents.
SMART CITIES/BROADBAND ACCESS
• Support legislation that removes barriers that restrict the provision of broadband
service as a utility.
• Support legislation to incentivize and recognize the importance of smart cities and the
application of technology solutions through grants, awards, and other means.
• Support legislation that develops plans and resources needed for greater broadband
connectivity to enhance public access to education, healthcare, employment,
information, and services.
WATER RESOURCES
Resolution No. 2020-85, Page 4
EXHIBIT "A"
• Support legislation that provides ample funding for developing affordable and reliable
water resources across North Texas.
• Support legislation that provides funding for the construction, maintenance, and
rehabilitation of new and aging water utility infrastructure.
RECREATIONAL AND CULTURAL RESOURCES
• Support amendments to the hotel occupancy tax statute that expand the use of hotel
occupancy tax revenue for the construction or expansion of municipal parks, trails, and
facilities to promote tourism within the Town.
• Support legislation that directly benefits public library services that support workforce,
cultural, and educational programs.
OPEN GOVERNMENT
Support legislation that simplifies the budget and tax rate notification and adoption
process with the goal of improving transparency.
Support legislation that would allow required legal notices to be published on the Town
website rather than requiring publication in an official newspaper.
Support legislation that enhances and makes permanent the beneficial amendments
made to the Texas Open Meetings Act to allow for the expanded use of teleconference
and videoconference technology in public meetings.
ELECTIONS
• Oppose legislation that eliminates the May or November uniform election dates.
• Oppose legislation that requires candidates for a Town office to declare party affiliation
in order to run for office.
LOCAL CONTROL
• Support legislation that preserves local control and the right of Prosper residents to
govern themselves, and to work with their municipal government to adopt and enforce
ordinances that address the health, safety, and welfare of the community.
• Support legislation that preserves local authority for property taxation and appraisal
decisions.
• Oppose legislation that limits or prohibits the Town's current ability to use municipal
funds to communicate or advocate with legislators.
• Oppose legislation that creates unfunded mandates at the city and/or county level.
Resolution No. 2020-85, Page 5