Richland Hills for a Better Tomorrow -PAC

Replacement TAX in doubt  - NOT TRUE

RHBT PAC has done some digging on the issue. Richland Hills Citizens who are listening to the YES Voters, the likes of Gerrit Speiker and others have once again fallen victims to misinformation and a failure to grasp some critical elements of the Chapter they question:  

The section being cited as the possible "disqualification" for Richland Hills ever reissuing the 1/2 cent sales tax should voters withdraw from the T is found in Chapter 321 of the tax code.  Specifically, it is in Section 321.101B, which is significant.  

If one reads only 321.101B, they MIGHT, and I stress MIGHT, be able to infer a potential disqualification of reissuing any type of future tax.  However, context and definitions matter, and it would seem that some are either intentionally or unintentionally omitting and ignoring context and definitions.  

If you look at the "Definitions" portion of Chapter 321, it specifically states the following:

"Additional municipal sales and use tax means only the additional tax authorized by Section 321.101(b).

The tax authorized by Section 321.101(b) is the transportation tax. 321.101(b) only refers to transportation.  This is further supported by two critical elements:

1. In 321.101(b), it outlines an additional sales and use tax "for the benefit of the municipality".  In other areas of the tax code, it does not use the underlined language, because when a city adopts a general sales and use tax, it is directly attributed to the municipality.  However, when it adopts a general sales and use tax "for the benefit of the municipality", it means that the tax is not going directly to the municipality, but rather being dedicated to another entity for the benefit of the municipality.  This is the case with the transportation sales tax.  It is adopted for the benefit of Richland Hills, and by the residents of Richland Hills, but it does not go to the City of Richland Hills directly.  

2. 321.101(b) also uses two important qualifiers: the use of the word "the" and and "an".  When referring to the general ability of a city to issue sales tax it uses the preposition "an" additional sales and use tax.  When referring to the transportation tax, it uses the preposition "the" additional sales and use tax.  321.101(b) is referring to "THE" additional sales tax.

All of this boils down to the fact that if indeed Richland Hills is disqualified from reissuing the 1/2 cent sales tax (and that is still very much in question) - then it would ONLY be disqualified for reissuing the 1/2 cent for a transportation authority, not for other purposes. 

People pushing this ludicrous theory have asked the question "Who on the City Council can't read?" when questioning why they don't understand the false premise that Richland Hills can't reissue sales tax.  It might be time for those making that claim to take some remedial reading classes themselves.  

DONT BE FOOLED. THESE SAME PEOPLE STARTED WITH NO DEBT THEORY AND NOW HAVE CHANGED TO NO SALES TAX TO SCARE THE CITIZENS. 

VOTE NO ON MAY 7TH. 

RHBTPAC

WE HAVE STOOD FIRM ON OUR STANCE. KEEPING THE FWTA WILL HAVE A PROFOUND AFFECT ON RICHLAND HILLS. NO T -NO DEBT

Notable & Quotable - Flip Flop by Mr. Gerrit Spieker

( He is currently the guy running the Vote YES movement. Last year he was the NO guy. Where is his credibility?)

From an E-Mail by Gerrit Spieker to the Mayor of Richland Hills March 15, 2015

It is imperative Council declare and Emergency on behalf of its residents who are the members of The T in the Election Resolution and state the reason clearly.

-The constitutional right of the people to change their government when expedient to do so. Art 1 Section 2 Texas Constitution.

" . . .The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient"

-The imminent risk of obligation to long term debt by The T.

Gerrit Spieker

March 15, 2015

This goes on to prove that Mr. Spieker got it right last year but then flip flopped when he got his friend nominated to the T board. What changed? - we ask. The debt obligation remains the same. The ONLY thing that changed is a board appointee - 'a friend of Gerrit Spieker' the same friend who supported the consolidation with North Richland Hills.

RHBT PAC stands by its statement that the debt burden to the City for Richland Hills will be immense. It will stifle progress.  This is not a joke. Tell Mr. Speiker NOT TO PLAY with the future of Richland Hills. Learn the facts at http://rhbtpac.wix.com/nodebt

*** FULL TEXT OF THE EMAIL IS BELOW ***

It is imperative Council declare and Emergency on behalf of its residents who are the members of The T in the Election Resolution and state the reason clearly.  Then we can pursue an early Election by either a request to Governor Abbott and / or Petition to a District Judge as suggested to me by tthe Sec of State Elections office.

-The constitutional right of the people to change their government when expedient to do so. Art 1 Section 2 Texas Constitution.

" . . .The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient"

-The imminent risk of obligation to long term debt by The T.

-The denial by deception of representation on the FWTA Board, a denial of our Constitutional right to representative ( i.e. republican form  of) Government

-The intervention of the City of Ft Worth to have Chapter 452 amended to prevent the conversion to a Sub chapter O Authority with a 151 member Board, when the Ft Worth population reaches 800,000 under current law.

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The Fort Worth Mayor and Council, exceeding their limited ministerial role, have taken over the The T.  In 2013 they orchestrated the Texas Legislature, by a deception documented on March 2013 House committee hearing video,  to amend the Transportation Code to allow appointment of a non-member Grapevine resident to the nine (9) member Executive Committee where eight positions are already reserved for Fort Worth residents appointed by Ft Worth.

The Richland Hills Director, representing Richland Hills and Blue Mound was promptly replaced by a non-member resident from Grapevine, leaving our residents without representation and still devoting one half cent sales tax to The T.

 Last September The T, by resolution, created a local government corporation the Metro Area Transit System Corporation, whose Certificate of Formation states it will “. . . act on behalf of The T to accomplish any governmental purpose of the T, including without limitation the promotion and development of public transportation facilities and systems b new and alternative means ….”   And “.  . .The Corporation shall have all other powers . . . Including the power to issue bonds.”

The T Board then appointed five of its own Directors as members, all representing Ft Worth, as the Directors of the MATS Corporation.  So now we have a governmental subsidiary of The T, able to issue Bonds with no election, which may obligate Richland Hills and Blue Mound residents to long term debt.

Now FT Worth is pushing to prevent the expansion of the T board to 15 members like DART where Richland Hills and Blue Mound would share five seat under current law.

That is about as simple as it gets…. We should not continue to allow the T to have a collection of almost $1M a Year, $995K in FY13-14, without a vote in the management of the T.  Current collections are up 21% to date.

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To answer some questions raised: 

The T cannot close the TRE station. for several reasons 

Federal funds, the 3/4 million dollar  ILA with the mid Cities 

The RTC cannot close it nor can they get Federal money back, see AG 0836   ruling in 2011

"SUMMARY

Under Chapter 452, Transportation Code, the Regional

Transportation Council ("RTC") does not have authority to close the

Trinity Railway Express transit station located within the City of

Richland Hills (the "City").

Any right in the RTC to seek from the City repayment of

federal funds expended in relation to the transit station would likely

be determined under existing contracts or agreements governing the

provision of those funds."

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Regarding MATS Corporations Directors being all Directors of the T

AG Opinion 0836

"[i]t is because of the obvious incompatibility of being both a member

of a body making the appointment and an appointee of that body that

the courts have with great unanimity throughout the country declared

that all officers who have the appointing power are disqualified for

appointment to the offices to which they may appoint."

===========================

Gerrit

It is imperative Council declare and Emergency on behalf of its residents who are the members of The T in the Election Resolution and state the reason clearly.

-The constitutional right of the people to change their government when expedient to do so. Art 1 Section 2 Texas Constitution.

" . . .The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient"

-The imminent risk of obligation to long term debt by The T.

-The denial by deception of representation on the FWTA Board, a denial of our Constitutional right to representative ( i.e. republican form  of) Government

-The intervention of the City of Ft Worth to have Chapter 452 amended to prevent the conversion to a Sub chapter O Authority with a 151 member Board, when the Ft Worth population reaches 800,000 under current law.

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