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MEMORAND
To: Mayor, City Council, City Manager
From: Mark T. Sokolow, City Attorney /~ ~
Date: March 3, 2005
Subject: P. R No. 13058; Special Council Meeting March 7, 2005
Attached is P. R. No. 13058 as it pertains to requesting
a bill to be adopted by the Texas legislature to allow a local
option election to be called at the request of a city council
without the necessity of a Petition.
MTS/bp
Attachment
cc: City Secretary
VIA FACSIMILIE (409) 962-1997
Verna Rutherford
z. pr13058.memo
P. R. No. 13058
03/03/05 bp
P. ESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO REQUESTING A
BILL TO BE ADOPTED BY THE TEXAS LEGISLATURE
TO ALLOW A LOCAL OPTION ELECTION TO BE CALLED
AT THE REQUEST OF A CITY COUNCIL OF A CITY
WITHOUT THE NECESSITY OF A PETITION
WHEREAS, Chapter 251 of the Alcoholic Beverage Code provides
for local option elections, upon the receipt of a petition
containing a minimum number of registered voters; and
WHEREAS, it is deemed in the best interests of the citizens
to request Representative Ritter, Representative Deshotel, and
Senator Janek to file a bill to be adopted by the Texas
Legislature to allow cities the flexibility to request that local
option elections be called at the request of the City Council of
cities without the necessity of a Petition; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinion in the preamble
are true and correct.
Section 2. That Representative Ritter, Representative
Deshotel, and Senator Janek are hereby requested to file a bill
to be adopted by the Texas Legislature as to provide that local
option elections shall be called at the request of city council
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of cities in substantially the same form as attached hereto as
Exhibit
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this __ day of ,
A.D., 2005 at a Special Joint Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote:
AYES: Mayor ; City Council
Noes:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION
City Manager
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EXHIBIT "A"
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A BILL TO BE ENTITLED
An Act relating to local option elections
BE IT ENACTED BY THE LEGISLATURE FO THE STATE OF TEXAS:
Section 1. Chapter 251 of the Alcoholic Beverages Code,
Vernon's Texas Code Annotated (V.T.C.A.) is herein amended by
adding a Section 251.19 to read as follows:
~Section 251.19 A local option election shall be held
upon the request of the City Council of a city and the
requirements of a. petition is not necessary."
Section 2. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III of the Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, the Act takes effect September 1, 2005.
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