HomeMy Public PortalAboutResolution No. 347-09 10-13-2009 347-09
CITY OF RICHLAND HILLS RESOLUTION NO.
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS
AUTHORIZING THE CITY ATTORNEY TO SUBMIT A BRIEF TO THE
TEXAS ATTORNEY GENERAL AS REQUESTED BY THE ATTORNEY
GENERAL IN SUPPORT OF THE PROPOSITION THAT A CITY COUNCIL
MAY ORDER AN ELECTION TO WITHDRAW FROM A REGIONAL
TRANSPORTATION DISTRICT WITHOUT HAVING RECEIVED A
PETITION SIGNED BY TWENTY PERCENT OF THE QUALIFIED
VOTERS OF THE CITY; PROVIDING FOR NOTICE; AND PROVIDING
AN EFFECTIVE DATE.
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, Senator Jane Nelson has requested an opinion from the Attorney General of the
State of Texas on the issue of whether the city council of a municipality is required to receive a
petition signed by 20 percent of its qualified voters before it may call an election to withdraw from
a regional transportation authority; and
WHEREAS, the City Attorney has previously opined that pursuant to Texas Transportation
Code Section 452.651(a), the city council of a municipality may order an election to withdraw from
a regional transportation authority without first receiving a petition signed by 20 percent of its
qualified voters of the city; and
WHEREAS, the City Council wishes to authorize the City Attorney to file a brief with the
Attorney General supporting his previously stated opinion;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
ORDER
The City Council hereby orders, authorizes and instructs the City Attorney to file a brief with
the Attorney General supporting his previously stated opinion that pursuant to Texas Transportation
Code Section 452.651(a), the city council of a municipality may order an election to withdraw from
a regional transportation authority without first receiving a petition signed by 20 percent of its
qualified voters of the city.
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.
SECTION 3.
EFFECTIVE DATE
This Resolution shall be effective upon its adoption.
Passed and approved this 13th day of October , 2009.
CI OF ICHLAND HILLS, XAS
T e Honorable David L. R an, Mayor
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APPROVE AS O FORM AND LEGALITY:
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Tim G. Sralla, City Attorney
RESOLUTION AUTHORIZING AND INSTRUCTING CITY ATTORNEY TO FILE BRIEF WITH ATTORNEY GENERAL Page 2
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