Great Column by Tom Jacobs

By TOM JACOBS

tjacobs@hcnonline.com



A Pearland acquaintance recently asked what this “ball park thing” in Friendswood is all about.



I assured him it isn’t really about ball parks.



It is about the integrity and meaning of democracy in Friendswood.



It is about the voters of Friendswood in May 1997 lawfully amending the city charter to prevent City Council from assuming debt, other than in true emergency situations, without voter approval.



It is about the voters of Friendswood in May 2009 lawfully declining to approve more than $9 million in bonds for a debatable new library and unspecified “improvements” to the city’s parks.



It is about the Friendswood City Council not liking either of those lawful voter decisions, and seeking end runs around both of them.



It is about Friendswood City Council filing a legal action against its own citizens – in an Austin courtroom.



It is about Friendswood City Council muzzling opposition to its plans by using legal gymnastics to impose a bond of more than $ 1 million on any who dare challenge City Hall.



It is about a sitting councilman who demonizes and dismisses those who dare challenge City Hall at “tools,” “cowards” and “ruthless special interests.”



It is about a city council that follows an ethic of backroom brokering and deal-making and cronyism, an ethic that will put more than $1 million of Friendswood taxpayer money into the pocket of one councilman’s “friend for well over 30 years.” Councilman Barker, did it ever occur to you to recuse yourself from any vote that would steer taxpayer money to a close personal friend and business associate? Are there any more “friends” standing in the wings that we need to know about?



It’s about a “Damn the torpedoes!” approach to city governance and stewardship of taxpayer money.



It is about a city council that takes a paternalistic, condescending view of its citizenry, where “Daddy knows best” and will whip off its belt if you don’t agree.



It’s about a whole lot more than some stupid soccer fields and baseball diamonds.

More updates on Friendswood case:

These two posts by Voice of the Taxpayer are great:

Could Friendswood get a citizen-friendly city council out of this mess?

Friendswood taxpayers, there could be a silver lining in the action of your city council. By their sheer arrogance, they could lose their office and you could elect true representatives of the citizens. Mayor David Smith may put entire council at risk.

The Charter provisions that may require Council to forfeit their office are provided below --

Sec. 3.06. Vacancies, forfeiture, filling of vacancies.
(a) Vacancies: The Office of a Councilmember or Office of the Mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law, or forfeiture of his/her office.
(b) Forfeiture of office: A Councilmember or the Mayor shall forfeit his[/her] office if he/she:
(1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three consecutive regular Council meetings without being excused by the Council.
(c) Filling vacancies: When a vacancy shall develop, the Council shall provide for the filling of such vacancy in the manner provided by law.
(Ord. No. 214, § 1, 3-4-1974, election 4-6-1974; Res. No. R88-15, § 3, 5-9-1988; Res. No. R2002-10, § 7, 2-18-2002, election 5-4-2002)

As such, Council must prove that they are not violating the prohibition found in 8.05 (f) --

(f) Elections to authorize debt: Notwithstanding any other provision contained in this Section 8.05 to the contrary, the Council shall be prohibited from incurring debt not payable from then current revenues unless a proposition therefor has been approved by the voters at a Special Election held for such purpose; provided, however, the Council shall be authorized to incur debt without the necessity of a Special Election if necessary due to an emergency or urgent public necessity, which emergency or urgent public necessity shall be expressed in the ordinance or resolution authorizing such debt.

The City Council and Mayor Smith appear to have little regard for the citzens or the Charter, but perhaps that could be their demise. Yes,there could be a silver lining in their actions...and good news for taxpayers!

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

Friendswood City Council vs. Friendswood Voters

In 1997, the City of Friendswood made a change in their city charter which prohibited any debt being issued without voter approval (except in an emergency).

Fast forward to today: the Friendswood leaders put a $9.6 million bond proposal on the ballot. It failed.

Voters rejected Prop. 1 — $3.1 million for unspecified parks improvements — by 1,115 votes, or about 61% Against, and 705 (about 39%) For, according to complete, but unofficial returns.

So the city leaders have decided to bypass the voters and issue $11 million in certificates of obligation to purchase land for a ball park. First of all, the land is outside the city’s jurisdictional limits. Second, the city asserts that the ball park is an emergency or urgent public necessity.

Without public pronouncements, the city petitions the District Court of Travis County (419th District Court, 178 miles from Friendswood):

1) to allow the City to override its own charter by incurring debt not approved by voters; and

2) to purchase land outside its city limits.

The hearing was set for Monday, June 15. Some Friendswood citizens showed up to protest the city action, and the judge postponed the hearing until 9 am July 13.

On Friday, June 12, the Texas Attorney General issues a answer to #2: as to whether the City of Friendswood may issue certificates of obligation to purchase park land not only outside its corporate limits, but outside the county in which the city is situated. If the city charter grants authority to purchase outside the county, it can. (the city charter is silent on this matter). Friendswood citizens who showed up in court on Monday, June 15, and the judge said she would postpone the hearing (until July 13) to give them time to intervene.

City Council: “We sue the citizens”

Friendswood City leader says to citizen: “What does it matter who we sue and what we sue?” We’ve had 131 (public) information requests in City Hall.

YouTube of Friendswood’s Barker Rant

Friendswood Council Member Mike Barker admits involvement in purchasing property outside the Friendswood city limits and from a friend of 30-years, David Wight. But he reserves his right to do business with Wight in the future. No matter the City doesn't have jurisdiction to purchase land outside their jurisdiction. He spends more than six minutes railing on those "ruthless" citizen watchdogs who dare challenge the city leaders' right to ignore the city charter. You can't make this stuff up!

Mayor says they are not suing the citizens

“City officials believe it is legal, in this case, to issue certificates of obligation because Friendswood plans to pay that debt back using current revenue streams. The city does not plan to raise taxes, Smith said.”

(The city charter says they cannot issue debt which cannot be paid by current revenue streams – citizens assert the money isn’t there to pay this debt from current revenue, and the current council members will be gone when the bills come due.)

Bottom line:

Friendswood voters are against the action by the city leaders and want the city charter upheld. Citizens are willing to fight this!