CC Resolution No. 1967 - Establishing 2009 State-Federal Legislative Agenda RESOLUTION NO.1967
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE
AGENDA FOR THE 2009 STATE AND FEDERAL LEGISLATIVE
SESSIONS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,hereby establishes
the City of Baytown's Legislative Agenda for the 2009 State Legislative Session,which is
attached hereto as Exhibit"A"and incorporated herein for all intents and purposes.
Section 2:That the City Council of the City of Baytown,Texas,hereby establishes
the City of Baytown's Legislative Agenda for the 2009 Federal Legislative Session,which is
attached hereto as Exhibit"B"and incorporated herein for all intents and purposes.
Section 2:This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED,READ and PASSED,by the affirmative v e of the City Council of the
City of Baytown this the 12th day of February,2009.
ST PHE DONCARLOS,Mayor
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I�AYT E DARNELL,City Clerk A.
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APPROVED AS TO FORM:
16&ACIO RAMIREZ,SR..Ci ttorney
\\cobsrvl\L.egal\Karen\Files\CityCounciMesolutions\2009\February 12\Establish2009state&l-ederalLegislativeAgenda.doc
Exhibit"A"
State Legislative Priorities
81"Legislature,Regular Session
City of Baytown,Texas
Legislation
1.Cedar Bayou Navigation District-strengthen the language requiring the District
to consider the adjacent community when regulating what can be built along the
Cedar Bayou waterway and exercise their responsibility to regulate what gets
built along the Bayou.
2.Barge Terminal-legislation forbidding the construction of a barge terminal
within 500'of residential dwelling units or public park land.Require any projects
to permitted by the AHJ over the ETJ and to meet the latest environmental
regulations at the time of issuance of the LOCAL permit.Maybe even 5 year
term,non-renewable if construction has not started
3.Municipal Development Districts-Legislation to allow Municipal Development
Districts(MDD)to spend MDD sales tax revenue on recruitment and expansion
of retail development in"redevelopment'areas.This will have to be crafted to
target this expenditure authorization to redevelopment areas(such as Baytown's
Market Street,Texas Ave.and N.Alexander).Due to retail competition issues in
the Metroplex.this may have to be bracketed to Harris County only.
TxDOT
1.ROW Maintenance-allow TxDOT to contract with municipalities to perform
ROW mowing and trash removal and reimburse them in an amount equal to what
their current contract costs.
2.Misc.Projects-Infrastructure projects resulting from Hurricane IKE funds and
Economic Stimulus Package funds from the list provided to TxDOT and Harris
County.
3.Apply for Legislative authorization to utilize local government funds for the
installation and maintenance of the signage designating Spur 330(Decker Drive)
as the Veterans Memorial Highway.This designation was approved by the
legislature in 2005(HB 1136)but provided"private"funding.The Texas
Attorney General ruled that wording in the bill(private funds)means no
government funds could be used for the approximately$16,000 signage cost.This
precludes the City of Baytown from funding the cost.It also precludes the City
from accepting donations since the AG ruled that once donations are made to the
City they become"public funds".An alternate would be to provide for TxDOT
funding.although that is more difficult to get approved.
Insurance
1.Tier I Standards-do not require Baytown to retroactively enforce Tier 1
construction standards for either residential or commercial structures.
State Legislative Priorities
8 1"Legislature,Regular Session
City of Baytown,Texas
Baytown will voluntarily require Tier 1 construction standards for all new
construction.
2.TWl-fix the funding for Texas Wind Insurance and require TWI to honor
our residents'claims in a more timely manner.
Emergency Management
1.School Funding-restructure the methods public schools are funded allowing
them to close in the event of a declared emergency and still receive funding for
those days.This will allow schools to support emergency situations with
transportation assets and serve as public shelters.
2.Schools as Shelters-provide state funding for the incremental cost necessary to
upgrade school construction standards to build them to the Red
Cross/FEMA/GDEM shelter standards.
3.Streamline State OEM-Fund the current project for emergency funding so the
OEM can more rapidly support communities during and after a disaster
4.Gas Station/Grocery Generators-allow municipalities to require strategic gas
stations and grocery stores to have backup generator power in the case of an
emergency.Provide state grants to find the generators if required by a
municipality.
5.Convalescent,Nursing Home,Assisted Living and Related Institution Regulations
Amendment Title 4,Subtitle B,Chapter 242 Texas Statutes
a.Require annually updated Comprehensive Emergency Plans(each
February)as a condition of institution licensure.
b.Require facilities in evacuation zones to have annually renewed,signed
contracts for off-site hosting of their population outside of evacuation
zones.
c.Require TX DADS inspectors to verify institution Comprehensive
Emergency Plan approval by local Emergency Management Agency as
part of annual inspection.
d.Require local Emergency Management Agency review and approval of
institution Comprehensive Emergency Plans annually(cities to govern
within city limits and ETJ).
e.Require use of standardized template for creation of institution
Comprehensive Emergency Plans(sample attached).
f.Establish penalties for non-compliance and authorize local Emergency
Management Agency with enforcement authority over institution.
Violations would constitute Health&Safety threat.Penalties would be as
adopted by local ordinance or code.
Lobbyist-Randy Cain
Exhibit"B"
Federal Legislative Priorities
I loth Congress,2nd Session
City of Baytown,Texas
Appropriations
Historic and Economically Disadvantaged Area Revitalization
Initiatives
The City seeks federal assistance to implement projects that revitalize Downtown and
economically disadvantaged areas of Bayto«,n into wonderful places for residents and visitors
to live,work and play.
Texas Avenue Streetscape Phase 2-$2.5 million
Transform Texas Avenue into a pedestrian friendly area with landscaped sidewalks and
medians with areas available for public art.The project also includes new benches,trash
receptacles,bike racks and decorative street lighting.
Estimated cost:$4.5 million-Goal is to obtain$2.5 million to continue construction of Texas
Avenue Streetscape beyond the pilot project and into Phase 2.To support growth in the
downtown areas.the City has invested over$1 million in master planning,design,roadway and
utility improvements along Texas Avenue.
Bayland Island Marina Waterfront-$2.5 million
Implement waterfront improvements to marina along with Hurricane Ike repairs,sidewalk
widening,parking lot upgrades and landscaping and dredging.
The total estimated cost is$4 million.The Texas Municipal League Insurance policy limits
provided$1.5 million to recover and restore but the funds fall short of repair and replacement
costs.
Wastewater Infrastructure
Goal is to obtain a$2.2 million appropriation in FY 2009 VA-HUD appropriations bill under
State and Tribal for assistance to repair and upgrade wastewater infrastructure.
System upgrade is needed to meet federal and state regulations.
This is the City's first request from the Environmental Protection Agency's State and Tribal
Assistance Grants(STAG)to supplement the local resources dedicated to this initiative.The
City has spent$75 million over the last seven years to repair and improve our wastewater
infrastructure and has allocated an additional$14.3 million in the current budget to continue
this improvement.The Federal assistance is needed to continue to target key infrastructure
components.
Federal Legislative Priorities
110th Congress,2"d Session
City of Baytown,Texas
Transportation Infrastructure
Goal is to obtain$12 million in Highway Bill funding for the construction of a critical
transportation infrastructure link for hurricane and disaster evacuation.
The estimated cost of the Highway 146/Spur 330 flyover is$18 million.The Texas Department
of Transportation can assist with partial funding and design to reduce the funding shortfall to
$12 million.This connector is essential to eliminate the bottleneck of three signalized
intersections that must be crossed for evacuees to move from Highway 146 to Spur 330 along
the State-mandated evacuation route.
Federal Legislative Priorities
110th Congress,2nd Session
City of Baytown,Texas
Issues to Support
Brownfields Remediation
Support legislation that diversifies loans into grants.
Increase funding for Brownfields assessment and cleanup.
Fire Act
Provide funding for pre/post disaster mitigation(i.e.,first response training,hardening of
facilities,equipment).
Maintain funding levels for SAFER legislation that provides additional staffing for fire and
medical emergencies.
Public Works
Monitor Transportation Enhancement Funds.
Provide funding for hardening of existing infrastructure to mitigate natural and man-made
disasters.
Increase funding for land and water conservation projects.
Homeland Security Mandates
Support legislation that would provide federal funding for Homeland Security mandates
assigned to local governments.
Property Insurance
Support legislation that would create and implement a national catastrophe fund for major
disaster relief.
United States Conference of Mavors Priorities
Energy Efficiency and Conservation Block Grant(EECBG)
The final legislation should specifically fund the authorized EECBG at no less than the$3.5
billion contained in the House bill.
Surface Transportation Program(STP)for Highway Funding
All highway funds should be distributed under the existing,authorized Surface Transportation
Program(STP).This would result in 62.5 percent of highway funds going to local areas.
Community Development Block Grant(CDBG)
The final legislation should fund the Community Development Block Grant(CDBG)at no less
than$8 billion.This is a conservative recommendation based on our most recent"Ready to
Go"Report that found that 779 cities are ready to spend$26 billion in CDBG to create 385,256
jobs.
Federal Legislative Priorities
I I oth Congress,2nd Session
City of Baytown,Texas
Eliminate Hard Cap on COPS Funding
Congress should remove the$75,000 per officer hard cap to ensure that needed officers can be
hired,and Congress should provide flexibility in the use of funds so that public safety officers
can be both hired and maintained during this severe economic crisis.
Grants(Not Loans)for Water and Wastewater Infrastructure
Congress should reestablish a water and wastewater program that provides money directly to
metro areas through grants or zero interest loans.
Federal Legislative Priorities
110th Congress,2nd Session
City of Baytown,Texas
Issues to Oppose
Oppose the CLEAR Act(Clear Law Enforcement for Criminal Alien Removal)-Oppose
mandates that will require local police officers to track immigration violations discovered
during normal law enforcement activities.
Oppose legislation that will eliminate or reduce current funding levels for Community
Development Block Grants and Housing and Urban Development Programs.
Oppose efforts that reduce or eliminate a municipality's ability to collect franchise fees for use
of rights-of-way.
Oppose legislation that requires municipalities to fund former state and federal programs
without providing the associated resources.(unfunded mandates)
Federal Legislative Priorities
110`h Congress,2nd Session
City of Baytown,Texas
Historic and Economically Disadvantaged Area Revitalization
Initiatives
$590009000
Once considered the heart of the city,Texas Avenue is struggling to meet the growing
demands of our residents,visitors,and local businesses.The City of Baytown is seeking
funding to assist with the Downtown Revitalization Initiative,a comprehensive plan that will
redevelop downtown into a premier destination for residents and visitors to live,work,and
play.
Downtown Baytown is poised for great accomplishments and has the unique qualities to
become the community's gathering place.Bicentennial Park is the city's premier park and
outdoor entertainment venue.The park overlooks Goose Creek and hosts many community
events,such as the July 41h Festival,a two-day concert series of prominent country artists free
to the public.
The City of Baytown is committed to revitalizing downtown while simultaneously promoting
economic development by helping residents maintain employment and stimulating commercial
growth to produce increased employment opportunities.The total cost of the Downtown
Revitalization Initiative is$4 million.With the requested$2.5 million appropriation.the City
will be able to implement the following project components:
Texas Avenue Streetscape Phase 2
Transform Texas Avenue into a pedestrian friendly area with landscaped sidewalks and
medians with areas available for public art.Enhancements also include new benches,trash
receptacles,bike racks,and decorative street lighting.
Estimated Cost:$4.5 million-Goal is to obtain$2.5million to continuer construction of Texas
Avenue Streetscape beyond the pilot project and into Phase 2.To support growth in the
downtown area,the City has invested$1 million in master planning.design,historic signage,
historic oak tree plaza,water.wastewater,street repairs,roadway and other utility
improvements along Texas Avenue within the last four years.To supplement local resources,
the City received a$700,000 HUD Economic Development Initiative Grant to assist with
implementation of a demonstration block on Texas Avenue.
Bayland Island
Implement waterfront improvements with dock repairs,sidewalk widening,parking lot
upgrades,landscaping.
Estimated Cost:$4 million-Goal is to obtain$2.5 million to rebuild the waterfront at Bayland
Island.The Baytown Municipal Development District(MDD)has dedicated$50,000 annually.
In addition,the City received a$1.5 million insurance settlement from the Texas Municipal
League for damages resulting from Hurricane Ike.
Federal Legislative Priorities
1101h Congress,2nd Session
City of Baytown,Texas
Wastewater and Water Infrastructure
Request:$2,200,000
The City of Baytown is seeking assistance in funding a six-year,$140 million Capital
Improvement Project that will rehabilitate and upgrade the City's wastewater and water
infrastructure to comply with increased federal and state regulations,maintain its condition and
reliability and save costs.The City has implemented an asset management program to assess
equipment condition,optimize work practices and ensure funding remains in place to sustain
infrastructure improvements over time.
Central District Wastewater Treatment Plant Improvements.
This project rehabilitates portions of the Central District Wastewater Treatment plant.The
work includes elevation of redesign of critical components to reduce the storm surge impacts
suffered during Hurricane Ike.These include the influent lift station,blower building,
administration/laboratory building and grit removal process.The internal piping needs to be
replaced to improve energy and operating efficiency.along with the chlorine contact basin and
plant pumping/transfer systems.Post-storm emergency power systems are also a part of this
project.The estimated cost of the rehabilitation is$6,300,000.
East District Wastewater Treatment Plant Emergency Power.
Installation of an emergency generator for the East District Wastewater Treatment Plant at an
estimate cost of$1 million to provide the capability to treat wastewater effluent during
emergencies.This will avoid the discharge of untreated effluent into coastal waterways.
Rehabilitation and replacement of gravity sewer lines,force mains,and lift stations.
Major rehabilitation of,portions of the existing sanitary sewer collection and transmission
systems throughout the City is estimated at over$10,000,000.Rehabilitation will include
replacement of two lift stations:repairing,replacing,and enlarging gravity and force mains and
transmission lines.
Each treatment plant and pump station will be fitted to receive generator power in the event of
an emergency.
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