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1999-070RESOLUTION NO. 99-70
A RESOLUTION SUPPORTING THE INTRODUCTION AND
PASSAGE OF LEGISLATION WHICH MODIFIES THE
REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A
CITYWIDE LOCAL OPTION ELECTION TO ALLOW A CITY
LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO
HOLD A LOCAL OPTION ELECTION, AND ENCOURAGING
THE TEXAS MUNICIPAL LEAGUE TO SUPPORT THIS
INITIATIVE.
WHEREAS, approximately 105 cities in the State of Texas are within the jurisdictional
boundaries of more than one County; and
WHEREAS, the Texas Alcoholic Beverage Code governs the holding of local option
elections for citizens to approve or prohibit the sale of alcoholic beverages; and,
WHEREAS, the office of the Attorney General of Texas, through opinion No. JM -468 has
opined that:
The Texas Constitution, Article XVI, section 20, requires that the Legislature shall enact
a law or laws whereby the qualified voters of any ... incorporated town or city may, by
a majority vote of those voting, determine from time to time whether the sale of
intoxicating liquors for beverage purposes shall be prohibited or legalized within the
prescribed limits...; and
The aforementioned section is not self -enacting; and
The County Commissioners court does not have authority or power to order and direct
a local option election in a city lying partly in two counties; and
WHEREAS, although the Texas Constitution mandates that the legislature shall enact laws
authorizing local option elections in all cities, the current provisions of the Texas Alcoholic
Beverage Code effectively prohibit the citizens of a city within more than one county from holding
a local option election to determine whether to permit or prohibit the sale of alcoholic beverages;
and
WHEREAS, the continuance of the existing statutory provisions create inequities among
Texas cities, granting greater voting rights to cities contained wholly within one county; and
WHEREAS, the Texas Municipal League has consistently opposed legislation that erodes
the authority of municipalities to govern their own local affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SOUTHLAKE,
TEXAS, THAT:
Section 1.
The City of Southlake, Texas, supports the introduction and passage of legislation that would
modify the requirements for authorizing a local option election to allow a municipality in more than
one county the ability to hold such an election; and
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Section 2.
The City of Southlake, Texas, strongly encourages the delegates of the Texas Municipal
League to concur with the findings of this resolution and approve this or a similar resolution in
support of this initiative, and to include the introduction and passage of multiple -county voter
enabling legislation as a high priority in Texas Municipal League's 2001 legislative program.
ATTEST:
Sandra Legrand
City Secretary
PASSED AND APPROVED THIS 7 DAY OF SEPTEMBER 1999.
APPROVED AS TO FORM:
CITY OF SOUTH AKE, TEXAS
Rick Stacy, Mayor'
ity Attorney
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