Red light camera petition dismissed
WILLIS — The Willis City Council has dismissed a petition calling for red light camera use in the city to be taken to a vote by the electorate in the upcoming May elections.
Council members unanimously approved the dismissal of the proposal after consideration and a recommendation by City Attorney Larry Foerster at the city’s regular council meeting Tuesday.
“I’ve looked at the petition, and I’ve looked at federal and state court decisions in our area relating to this charter amendment,” Foerster said. “Having reviewed those decisions — in particular the decisions made in the Southern District of Texas, which our city is in — the petition as written and presented is not valid.
“I believe the petition is illegal and void, and therefore should not be put on the May ballot.”
More than 780 signatures had been added to the petition, which aimed to force an election to amend the charter of Willis allowing the cameras, according to Kelli Cook, county coordinator for Campaign for Liberty.
Council members approved a new five-year agreement with Arizona-based American Traffic Solutions by a vote of 2-1 with one abstention during last December’s regular meeting.
“I didn’t expect them to give up the money, so I wasn’t surprised,” Cook said following the decision. “I’m not convinced of his excuse for denying the petition, so I’m going to look into that a little more.”
Foerster cited two local cases he believed to be enough evidence to offer his opinion to the council: Keep Cleveland Safe v. The City of Cleveland, Texas, Mayor Niki Coats, and City Secretary Kelly McDonald from November and City of Houston vs. American Traffic Solutions, Inc. from June 2011.
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The case in Cleveland stated the city had exclusive authority to decide whether or not to use the cameras, while the Houston case cited the difference between a petition and a petition by referendum, which Foerster believes this to be, and therefore was untimely filed.
“It is clearly a referendum petition, and as such it is void as being five years too late (when the cameras were first installed),” according to Foerster.
A final point according to the Houston case stated citizens cannot initiate an ordinance “repealing an ordinance appropriating money.”
Despite the rejection of the petition, citizens did appear before the council, asking city officials not to do away with the proposed amendment prior to their decision.
“Not only do the cameras not prevent accidents, they’ve increased since they’ve been here,” Robert Holden said. “So, if it’s not about safety, then it must be monetary.”
Said Cook: “I urge you to put this on the May ballot by the amendment process or by your own accord. I encourage you to exercise this option so the citizens of Willis can rest assured you have their best options at heart, not American Traffic Solutions, Inc.”
All city council members were present with the exception of Bill Van Alstyne.
