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Res 03-02 Supporting Legislation that Authorizes a Local Option ElectionTOWN OF WESTLAKE RESOLUTION NO. 03-02 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, SUPPORTING LEGISLATION THAT AUTHORIZES A LOCAL OPTION ELECTION FOR THE LEGAL RETAIL SALE OF BEER AND WINE, IF SAID LEGISLATION INCLUDES WESTLAKE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Westlake is an incorporated general law city that includes territory located within both Tarrant and Denton Counties; and WHEREAS, Chapter 251, Texas Alcoholic Beverage Code, requires that a commissioners court call a local option election within a voting precinct or incorporated town in which the entire jurisdiction would vote, but because the commissioners courts of Tarrant and Denton Counties do not have jurisdiction to call a local option election in that part of the Town of Westlake that lies within the jurisdiction of another county, neither county can call an election to provide the entire Town of Westlake with an opportunity to vote in a local option election under the Alcoholic Beverage Code; and WHEREAS, the portion of the Town of Westlake that is located within Tarrant County has already achieved a solution to this problem through legislation filed and passed, but the portion of the Town of Westlake that is located within Denton County remains legally precluded from the We of beer in retail establishments; and WHEREAS, the Town of Westlake finds that its citizens have the right to vote on whether to allow the legal sale of beer and wine, and that the opportunity to attract new businesses and the increase in sales for existing businesses would benefit the Town by providing additional sales tax revenues, new business opportunities, and convenience in purchasing such a product for its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the statements contained in the preamble above are found to be true and correct. SECTION 2: That the Board of Aldermen of the Town of Westlake does adopt this Resolution to memorialize the Town's commitment to support or advocate for legislation that authorizes a local option election for the legal retail sale of beer and wine, in a community located within two counties that is written so that the legislation includes Westlake. SECTION 3: Should any one or more of the provisions contained in this Resolution for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the provisions thereof and this Resolution shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Resolution. SECTION 4: That this Resolution shall take effect immediately upon its passage. PASSED AND APPROVED ON THIS 27TH DAY OF JANUARY 2003. ATTEST: Gorge Crosswy, Town Se etary APPROVED AS TO.FORM: a L. antono, " y, Town'Attorney Scott Bradley, Mayor IT Trent Petty, TownyM ger