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
Showing posts with label Friendswood. Show all posts
Showing posts with label Friendswood. Show all posts
Wednesday, July 15, 2009
Saturday, June 20, 2009
Friendswood Mayor David Smith's hush money threat
The Galveston Daily News missed the point
An article in today’s Galveston paper misrepresented the situation confronting Friendswood taxpayers. Taxpayers deserve to know the facts.
Fact #1: Taxpayers already rejected the $9 million bond initiative the city leaders recently proposed.
Fact #2: Now the city council wants to spend $11 million and claim they won’t incur any debt. Give me a break – did the “need” the $9 million or not? If not, why did they ask taxpayers for it.
Fact #3: This paper also failed to mention one itsy bitsy tiny point. Texas Attorney General Greg Abbott issued a letter last Friday saying that the City didn’t have the authority to purchase the land in Alvin, since it is outside the City’s jurisdiction and the City Charter doesn’t expressly grant that authority.
No matter, say the city attorney, Mayor David Smith and the Council ignore the AG and now proceed to attempt to extort them with blood money (or did I say “silence them”).
Fact #4: The reporter also got it wrong that the city can issue certificates of obligation without voter approval. The City Charter says “debt” and the City leaders are claiming that the $11 million can be paid out of existing revenue streams.
They also claim it to be an emergency – good grief, Charlie Brown – err, David Smith – since when is a ball park a public emergency? The city claims that the projects they are proposing using the certificates of obligation for aren’t the same as the bond initiative, but some look the same to me.
Finally, the City isn’t just up against these five citizens. I think the City leaders will be surprised to find the citizens who voted against the bond initiative will also oppose this $11 million gimmick.
The city leaders have to hope that this threat of $1 million bond in hush money will keep alert residents quiet so the City can purchase the land which City leaders have already signed for and which the developer is already improving…unless the AG gets involved again.
In any case, the Citizens of Friendswood are being taken for a very expensive joy ride by their elected officials. Problem is, it’s not so joyful. Citizens will pay for the lawsuit either way. Friendswood Mayor David Smith is using Friendswood taxpayer dollars for this lawsuit boondoggle.
Friendswood elected officials should be ashamed of their antics!
Peggy Venable, taxpayer advocate for 15 years
And Director, Americans for Prosperity-Texas
Click here to read the flawed Galveston Daily News report:
http://galvestondailynews.com/story.lasso?ewcd=61bae0c100093019
An article in today’s Galveston paper misrepresented the situation confronting Friendswood taxpayers. Taxpayers deserve to know the facts.
Fact #1: Taxpayers already rejected the $9 million bond initiative the city leaders recently proposed.
Fact #2: Now the city council wants to spend $11 million and claim they won’t incur any debt. Give me a break – did the “need” the $9 million or not? If not, why did they ask taxpayers for it.
Fact #3: This paper also failed to mention one itsy bitsy tiny point. Texas Attorney General Greg Abbott issued a letter last Friday saying that the City didn’t have the authority to purchase the land in Alvin, since it is outside the City’s jurisdiction and the City Charter doesn’t expressly grant that authority.
No matter, say the city attorney, Mayor David Smith and the Council ignore the AG and now proceed to attempt to extort them with blood money (or did I say “silence them”).
Fact #4: The reporter also got it wrong that the city can issue certificates of obligation without voter approval. The City Charter says “debt” and the City leaders are claiming that the $11 million can be paid out of existing revenue streams.
They also claim it to be an emergency – good grief, Charlie Brown – err, David Smith – since when is a ball park a public emergency? The city claims that the projects they are proposing using the certificates of obligation for aren’t the same as the bond initiative, but some look the same to me.
Finally, the City isn’t just up against these five citizens. I think the City leaders will be surprised to find the citizens who voted against the bond initiative will also oppose this $11 million gimmick.
The city leaders have to hope that this threat of $1 million bond in hush money will keep alert residents quiet so the City can purchase the land which City leaders have already signed for and which the developer is already improving…unless the AG gets involved again.
In any case, the Citizens of Friendswood are being taken for a very expensive joy ride by their elected officials. Problem is, it’s not so joyful. Citizens will pay for the lawsuit either way. Friendswood Mayor David Smith is using Friendswood taxpayer dollars for this lawsuit boondoggle.
Friendswood elected officials should be ashamed of their antics!
Peggy Venable, taxpayer advocate for 15 years
And Director, Americans for Prosperity-Texas
Click here to read the flawed Galveston Daily News report:
http://galvestondailynews.com/story.lasso?ewcd=61bae0c100093019
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