1988-055AV -
1_ C
CITY OF SOUTHLAKE, TEXAS
W
RESOLUTION 88-55
WHEREAS, the Sixteenth Amendment to the Constitution of the
United States addresses the power to lay and collect taxes,,
it was not intended by its framers, as evidenced by the
history of its adoption, nor by the ratifying states to permit
taxation by the federal government of interest income on the
general or special obligations of the states or their political
subdivisions; and,
WHEREAS, the Tenth Amendment to the Constitution of the United
States was intended to reserve all powers not specifically
deligated to the United States by the Constitution to the states,
and thereby contemplated a mutuality of respect between the
federal government and the states as respective sovereigns; and,
WHEREAS, Congress has enacted legislation which operates to tax
or restrict the states' issuance of general or special obligations
and the income on the income and proceeds; has enacted retroactive
tax legislation and other such legislation detrimental to the
states,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
By the Legislature of the -State of Texas, the Senate and the
House of Representatives concurring, to memorialize Congress to
propose an amendment to the Sixteenth Amendment to the United
States Constitution so as to prohibit Congress from enacting leg-_
islation providing for the collection of income taxes retroactive-
ly; to ensure that the right of the states to finance the public
purposes established by them may not be infringed; to prohibit
Congress from taxing directly or indirectly the income derived
from general or special obligations issued by or on behalf of the
state, their political subdivisions or authorized authorities,
and to prohibit the taxation of the proceeds of or income on
the proceeds of the issuance of these general or special obliga-
tions; and to prohibit Congress from restricting the issuance
of general or special obligations by or on behalf of the states;
and,
BE IT FURTHER RESOLVED, by the Legislature of the State of
Texas, the Senate and the House of Representatives concurring,
that Congress is memorialized to propose an amendment to Article
XVI of the Constitution of the United States of America by adding
at the end:
and,
The right of states, their political subdivisions
or authorized authorities to issue general or spec-
ial obligations for public purposes as declared by
them, free from taxation directly or indirectly,
shall not be denied by the United States."
BE IT FURTHER RESOLVED, that the Texas Secretary of
RESOLUTION 88 -SS
PAGE TWO
State forward official copies of this resolution to
the President of the United States, the Speaker of
the House of Representatives and the President of
the Senate of the United States Congress and to
each member of the Texas Delegation to the Congress,
to the Chairman and members of the Ways and Means
Committee of the House of Representatives, Chairmen
and members of the House and Senate Judiciary
Committees and to the Chairman and members of the
Finance Committee of the Senate of the United States
with the request that this resolution be officially
entered into the Congressional Record as a memorial to
the Congress of the United States of America.
PASSED AND APPROVED THIS THE 21st DAY OF JUNE, 1988.
ATTEST;
Sandra L. LeGrand
City Secretary
i
Johnny H. Westerholm
Mayor of Southlake