April 18, 2005 -- Mayor Bill White today responded to a Court of Appeals ruling by saying he will urge City Council to certify the adoption of all three Propositions on last November’s election ballot to the Texas Secretary of State.
“This is a routine, ‘ministerial’ action, just like certifying the numerical results of the election,” said Mayor White. “ I see no reason not to go forward. The court made clear this action does not address the question of the legal effect of Proposition 2. We are proud that Proposition 1 got the most votes and sets a ceiling on property taxes.”
“The Administration does not intend to appeal from the ruling of the Court of Appeals, because the ruling was very narrow and explicit,” wrote City Attorney Arturo Michel in a memo to City Council today. “The Court’s ruling permits a clear explanation to [bond] rating agencies that is consistent with the City’s position concerning the language in the Charter and in Proposition 1 rendering Proposition 2 ineffective.”
Bruce Hotze, Carroll Robinson, and Jeff Daily have sued the City in two state court legal actions: one in the District Court and another in the Court of Appeals.
With the Court of Appeals ruling, the District Court case on the legal effect of Proposition 2 remains. The City has moved for judgment in its favor in that case. The judge set the case for trial in February 2006.