HomeMy Public PortalAboutResolution No. 346-09 10-13-2009 346-09
CITY OF RICHLAND HILLS RESOLUTION NO.
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS
AUTHORIZING THE CITY ATTORNEY TO SUBMIT THE PUBLIC
TRANSPORTATION TASK FORCE REPORT TO THE TEXAS ETHICS
COMMISSION FOR REVIEW AND DETERMINATION AS TO WHETHER
ANY PART OF SUCH REPORT CONSTITUTES PROHIBITED POLITICAL
ADVERTISING SO AS TO PERMIT THE DISSEMINATION OF SUCH
REPORT BY THE CITY SHOULD AN ELECTION BE CALLED;
AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH EDITS AS
DEEMED ADVISABLE TO ACCOMPLISH SUCH OBJECTIVE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recently created a Public Transportation Task Force, and
charged the Task Force with the task of evaluating, analyzing and comparing the City's existing
public transportation system provided by the Fort Worth Transportation Authority pursuant to Texas
Transportation Code Chapter 452, and other possible alternatives to such system, in order to assist
the City Council in determining whether to order an election on the issue of whether the City should
withdraw from the Fort Worth Transportation Authority; and to provide the citizens of the City with
information regarding both the current public transportation system and available alternatives to
such system; and
WHEREAS, the Transportation Task Force has recently produced its report to the Council;
and
WHEREAS, the City Council is currently considering the issue of whether to order an
election on the issue of whether the City should withdraw from the Fort Worth Transportation
Authority, and
WHEREAS, the City Council believes that the report would assist the citizens of the City
in understanding the complex issues involved in the above-referenced decision and desires to
disseminate it to the public by posting it on the City's website and possibly through other channels;
and
WHEREAS, Texas Elections Code Section 255.003 prohibits the spending of public funds
for political advertising, but expressly provides that such prohibition does not apply to a
communication that factually describes the purposes of the measure if the communication does not
advocate passage or defeat of the measure; and
WHEREAS, the City Attorney has reviewed the Task Force's report and recommended some
modifications, and opined that with such modifications, in his opinion, such report factually
describes the issues which would be involved in such a measure, and does not advocate passage or
defeat of the measure, and so its dissemination by the City would not be a violation of Texas
Elections Code Section 255.003; and
WHEREAS, the City Council has reviewed the Task Force's report as modified by the City
Attorney suggested modifications to such report; and also determined that it does factually describe
the issues which would be involved in such a measure, and that it does not advocate passage or
defeat of the measure; and
WHEREAS, the City Council wishes to inform the citizens of the City regarding the issues
being considered, but does not wish to advocate passage or defeat of the measure, should the
election be ordered, and wishes to resolve the issue of compliance with Texas Elections Code
Section 255.003 prior to disseminating such report should an election be ordered; and
WHEREAS, Texas Elections Code Section 255.003 was recently amended to permit the City
Council to request an advisory determination by the Texas Ethics Commission as to whether a
proposed communication would be incompliance with Texas Elections Code Section 255.003, and
to charge the Texas Ethics Commission with the responsibility of making such a determination;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
ORDER
The City Council hereby orders that the report of the Transportation Task Force attached
hereto as Exhibit A be tendered to the Texas Ethics Commission pursuant to Texas Elections Code
Section 255.003, and request that the Texas Ethics Commission issue as soon as practical an
advisory opinion as to whether dissemination of such report by the City would or would not be a
violation of Texas Elections Code Section 255.003 should the Council order an election on the issue
of whether the City should withdraw from the Fort Worth Transportation Authority.
SECTION 2.
AUTHORIZATION OF NECESSARY ACTIONS
The Mayor, City Secretary, and City Attorney are authorized and directed to take all actions
necessary to effectuate this resolution, including submission of such report to the Texas Ethics
Commission as provided for herein.
SECTION 3.
EFFECTIVE DATE
This Resolution shall be effective upon its adoption.
Passed and approved this 13th day of October , 2009.
CITY OF RICHLAND HILLS, TEXAS
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e Honorable David L. aga ayor
ATTEST:
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inda Cantu, TMRC, City Secretary ~ ~ h
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