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
Tuesday, June 23, 2009
More updates on Friendswood case:
These two posts by Voice of the Taxpayer are great:
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