Leon Valley
TX

Resolution
17-006R

Discuss, consider and possible action on a Resolution of the City of Leon Valley, a member of the Greater Bexar County Council of Cities, in opposition to state-mandated revenue caps and other anticipated legislative actions intended to contribute to the general diminution of the role of the people of this state gathered together in local governments.

Information

Department:AdministrationSponsors:
Category:Proclamation

Attachments

  1. Printout
  2. 20170221144627422

Item Discussion

PURPOSE

 

The purpose of this resolution is for the City of Leon Valley to join other municipalities in opposing any imposition by the Legislature of local revenue caps and any legislation that otherwise further abridges the right of the People of this State to join together in cities, towns, and counties to manage their affairs and exercise, together, their right of self-government.

 

The bill will require a rollback election anytime a City adopts a tax rate that exceeds the calculated rollback tax rate. Currently, if a City exceeds the calculated rollback tax rate, the citizens would have to petition the City for a rollback election. The City of Leon Valley has exceeded the rollback rate in the past 17 years (as many cities have) and the citizens have never asked for a rollback election. For the 2016 tax year, the City adopted the current rollback tax rate which is 8%. 

 

SEE LEON VALLEY

 

Social Equity - The bill could certainly impact the services that the City currently provides to the citizens of Leon Valley as services would have to be cut. 

 

Economic Development - The proposed legislation could affect economic development in the form of job loss or lack of funding for city projects. 

 

Environmental Stewardship - N/A

 

FISCAL IMPACT

 

The fiscal impact of this legislation could be detrimental to Leon Valley depending on the amount of the revenue cap imposed by the legislature. Furthermore, if a tax rate was adopted that exceeded the calculated rollback tax rate; this would cost the taxpayer every time because a special election would have to be held (approximately $9,000 each time)

 

Our Finance Director also estimated the impact if the cap was set at 4% vs the current 8%. She estimated this would reduce the M&O tax rate by $.0175785 or an estimated reduction in M & O revenue of $150,000.00. This does not affect the I & S whatsoever.

 

 

Document Comments

RECOMMENDATION

 

Approve Resolution

 

Body

A RESOLUTION OF THE CITY OF LEON VALLEY, A MEMBER OF THE GREATER BEXAR COUNTY COUNCIL OF CITIES, IN OPPOSITION TO STATE-MANDATED REVENUE CAPS AND OTHER ANTICIPATED LEGISLATIVE ACTIONS INTENDED TO CONTRIBUTE TO THE GENERAL DIMINUTION OF THE ROLE OF THE PEOPLE OF THIS STATE GATHERED TOGETHER IN LOCAL GOVERNMENTS.

    

WHEREAS,              the Constitution of the State of Texas, and particularly Article 11 therein, recognizes cities, towns and counties as legal with certain rights and privileges granted to them by them by the People of this State through their Legislature; and,

 

WHEREAS, the State of Texas relies upon - and, as such, effectively requires - cities, towns and counties to provide multitudinous services necessary for the safety, well-being and quality of life of the People of this State; and,

 

WHEREAS, amongst the services provided by cities, towns, and counties are the provisioning of water, the development and expansion of commerce, police protection, fire protection, emergency services and paramedics, public works, and local courts of law and other services; and,

 

WHEREAS, as such, the cities, town and counties are the manifest places where the people of this State choose and have chosen to come together and pursue their common goals and their individual and collective Creator-endowed happiness by providing these services with and for one another; and,

 

WHEREAS, the State of Texas has broadly and generally chosen not to provide these local and essential services to the People of this State, but rather requires the People of this State to provide these things for themselves in the several cities, towns and counties; and,

 

WHEREAS, the People of this State currently and fully possess the means necessary to impose upon themselves local tax or revenue caps or other controls as they see fit by exercising their right to hold local elections, availing themselves of their right to force recall or referendum initiatives or having their local government bodies pass resolutions, ordinances, charter revisions and/or binding policies that reflect their desires; and,

 

WHEREAS, revenue caps or any other unnecessary, homogeneously state-mandated artificial controls over the People of this State where they are lawfully gathered together in local governments represent the continued, unmitigated, unnecessary and wasteful legislative redundancy repeatedly advocated by certain minority factions within the Texas State Legislature; and,

 

WHEREAS, the general sentiment of this resolution is well-captured in a simple excerpt from a letter written in June of 1807 by Thomas Jefferson, “…we are a people capable of self-government, and we are worthy of it.”;

 

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS:

 

Section 1.              The City of Leon Valley, a member of the Greater Bexar County Council of Cities, opposes any imposition by the Legislature of local revenue caps and any legislation that otherwise further abridges the right of the People of this State to join together in cities, towns, and counties to manage their affairs and exercise, together, their right of self-government.

 

Section 2.              This Resolution shall become effective immediately upon passage by four (4) or more affirmative votes of the entire City Council; otherwise, said effective date shall be ten (10) days from the date of passage hereof.

 

 

Meeting History

Feb 21, 2017 7:00 PM  City Council Regular Meeting

City Manager Kelly Kuenstler presented this resolution which would allow for the City of Leon Valley to join other municipalities in opposing any imposition by the Legislature of local revenue caps and any legislation that otherwise further abridges the right of the People of this State to join together in cities, towns, and counties to manage their affairs and exercise, together, their right of self-government. The bill will require a rollback election anytime a City adopts a tax rate that exceeds the calculated rollback tax rate. Currently, if a City exceeds the calculated rollback tax rate, the citizens would have to petition the City for a rollback election. The City of Leon Valley has exceeded the rollback rate in the past 17 years (as many cities have) and the citizens have never asked for a rollback election. For the 2016 tax year, the City adopted the current rollback tax rate which is 8%. The fiscal impact of this legislation could be detrimental to Leon Valley depending on the amount of the revenue cap imposed by the legislature. Furthermore, if a tax rate was adopted that exceeded the calculated rollback tax rate; this would cost the taxpayer every time because a special election would have to be held.

City Manager Kuenstler concluded by saying that the Finance Director also estimated the impact if the cap was set at 4% vs the current 8%. She estimated this would reduce the M&O tax rate by $.0175785 or an estimated reduction in M & O revenue of $150,000.00. This does not affect the I & S whatsoever.

A motion was made by Council Member Monica Alcocer and seconded by Council Member Benny Martinez, to approve a resolution of the City of Leon Valley, a member of the Greater Bexar County Council of Cities, in opposition to state-mandated revenue caps and other anticipated legislative actions intended to contribute to the general diminution of the role of the people of this state gathered together in local governments as presented.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Monica Alcocer, Council Place 3
SECONDER:Benny Martinez, Council Place 4
AYES:David Edwards, Belinda Ealy, Monica Alcocer, Benny Martinez

Discussion