Five brave Friendswood, Texas, citizens are fighting City Hall...literally!
The City of Friendswood (Mayor Smith and the entire City Council) asked the citizens to approve a $9 million bond in a May election. Citizens said "no". So the City leaders decided to issue $11 million in bonds.
One tiny point -- the Friendswood City Charter clearly states that the City can't issue debt without citizen approval, unless it is an emergency. Friendswood elected officials think a ball park is an emergency. So the mayor signed a contract for the land (there are multiple issues with that), and has traveled over 170 miles to Austin to ask a Travis County judge if the City can issue the debt in the form of certificates of obligation.
Five citizens stepped up and traveled the over 350 miles round trip to Austin to protest. Another hearing date was set to allow them to get legal counsel. Then on Monday, they traveled back to Austin, having gotten legal representation and filing court papers only to hear that the hearing would be held another day because the City attorneys failed to take a procedural measure which would have put the case earlier on the docket. (Americans for Prosperity Foundation in Texas filed a friend of the court -- an amicus brief -- in support of the citizens.)
Fighting City Hall isn't easy, but the Friendswood Five (Janis Lowe, Kathy Rogers, Deborah Winters Chaney, Mel Austin and Leslie Rocque) have among them a former city council member, and long-time city leaders. Janis Lowe's father, Ralph Lowe, was Mayor for 16 years between 1966 and 1988 and was city councilman in 1965. Her Mom's lived there for 51 years. These citizens have some deep roots in Friendswood.
The court hearing finally took place Tuesday, July 14. After over 2 1/2 hours of oral arguments, he judge indicated he would issue his decision this week, likely Friday.
It is an enormous case for taxpayers -- it will determine if cities (or counties) can claim that because the state allows local governments to issue debt, and provides for a 5% petition-gathering requirement to hold an election, that trumps city charters even if citizens voted in the charter to limit the growth of government or to prohibit issuing debt without taxpayer approval. That is the central issue.
Interestingly, the City of Friendswood claims that state code trumps the city charter there, but that on the issue of their ability to purchase land outside the counties it straddles (Harris and Galveston), that they can purchase land in Brazoria. Though the AG's letter states they cannot unless the city charter allows it (the Friendswood City Charter is silent on that), the City is claiming that they can.
This case could determine if state law trumps city charter, and does government closest to the people actually provide any power to the people?
Peggy Venable
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