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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 RESOLUTION AUTHORIZING SUBMISSION OF PROPOSED COMMUNICATION TO TEXAS ETHICS COMMISSION Page 2 W:\Richland Hills\Resolution\Texas Ethics Commission referral resolution.tgs.10.1.09.wpd e Honorable David L. aga ayor ATTEST: \~~~~~t~iiUiUiUr,,,~ c ti inda Cantu, TMRC, City Secretary ~ ~ h y AP OV A TO FORM AND LEGALITY: _ v ~ ~ a_ ~s TIm G. Sralla, Clty Attorney ~~,,,,~l~l~l~llt~~r~ RESOLUTION AUTHORIZING SUBMISSION OF PROPOSED COMMUNICATION TO TEXAS ETHICS COMMISSION Page 3 W:\Richland Hills\Resolution\Texas Ethics Commission referral resolution.tgs.10.1.09.wpd