Well it’s pretty clear that we’ve touched a nerve with our stated intent to overturn the council’s anticipated decision to borrow money to cover its budget shortfall.

The city manager sent me a memo from Stan Lowry, City Attorney this morning:

MEMORANDUM

TO: Dan O’Leary, City Manager
City of Keller

FROM: Stan Lowry
Boyle & Lowry, L.L.P.
Leroy Grawunder, Jr.
McCall, Parkhurst & Horton L.L.P.

DATE: March 29, 2010

SUBJECT: Application of Charter Section 7.03 to General Obligation Refunding Bonds

The City of Keller (the “City”) is preparing to issue general obligation refunding bonds to refinance portions of its outstanding Combination Tax and Tax Increment Reinvestment Zone Revenue Certificates of Obligation, Series 2000, and Combination Tax and Tax Increment Reinvestment Zone Revenue Certificates of Obligation, Series 2001.

You have informed us that a citizen has notified you that he is planning to submit a petition pursuant to the City’s’ home rule charter to require a referendum election on the ordinance authorizing the proposed refunding bonds, and have asked what would be the effect of such petition on the issuance of the bonds. Section 7.03 of the City’s home rule charter provides that any ordinance passed by the City Council is subject to referendum if a petition, meeting the requirements of the charter, is filed.

The proposed refunding bonds would be issued pursuant to Chapter 1207, Texas Government Code. Section 1207.003, Texas Government Code (“Section1207.003″), provides that refunding bonds may be issued without an election, unless an election is required by the Texas Constitution. We are not aware of any constitutional provision that would require a municipality to hold an election with regard to the issuance of general obligation refunding bonds.

It is a recognized principal [sic] of Texas law that if there is a conflict between State law and a home rule charter provision, State law prevails. Section 1207.003 specifically authorizes a governing body to issue refunding bonds without holding an election. A home rule charter provision that requires, upon the filing of a petition, a referendum election on the ordinance authorizing the refunding bonds contradicts the authority granted by Section 1207.003, and therefore such ordinance would not be subject to the referendum requirement of Section 7.03 of the charter.

State law requires the refunding bonds to be submitted to the Texas Attorney General for review and approval. We have contacted the Public Finance Division of the Attorney General’s office to determine if they agree with our analysis and will let you know if they agree or not.

Please contact us if you have any questions regarding the above, or if we may be of further assistance.

Wow.

First, Texas courts have ruled repeatedly that the power of referendum is reserved, not granted, to the people. As such, its provisions must be liberally construed in favor of the reservation [of the power of referendum].

Second, courts have ruled that the power of petition can be “limited…through either express directive or by implication. Quick v. City of Austin, 7 S.W.3d at 124. And, before it can arise through implication, the provisions must evince a clear and compelling intent to limit the power.”

Let me stop here and ask two important questions:

1. Where in Section 1207.003 of the Texas Code does Mr. Lowry find a clear and compelling intent to limit the power of referendum?
2. Whom does Mr. Lowry represent?

The answer to question #1 is left to the informed reader. The answer to question #2 is found in the City Charter:

Section 5.04. City attorney.
The city council shall appoint a competent and duly licensed attorney practicing law in Tarrant County, Texas, who shall be the city attorney. He shall receive for his services such compensation as may be fixed by the city council and shall hold his office at the pleasure of the city council. The city attorney, or such other attorneys selected by him with the approval of the city council, shall represent the city in all litigation. He shall be the legal advisory for, and attorney and counsel for, the city and all departments thereof.

So the City Attorney represents the City. And that includes us. Page vi of the Keller Budget lays out an organizational chart that puts The People of Keller at the top. So whom does he represent when there is a conflict between the city council and the people they represent? History says he represents the council every time, and sometimes represents the city manager against the people and the council.

Here are some lowlights of Mr. Lowry’s tenure with Keller:

• Failed for ten consecutive years to recognize a blatant charter violation with the city manager’s contract.
• Failed to timely disclose pending lawsuits against the city to the city council.
• Allowed the threatened exercise of sovereign immunity in response to potential litigants without the council’s knowledge.
• Held at least one secret meeting with the city council without justification (consideration of animal control petition.)
• The above memo

Mr. Lowry’s argument is without merit, and it’s time for his tenure to end.

So where was I? Oh yeah…

This blog has been resurrected, remodeled and renamed, at least temporarily, to take advantage of a rare opportunity.

How many times in the last few years have you anguished over government excess? And how many times were you able to do something about it? To rapidly effect real change?

Sadly, there’s little we can do about Washington or Austin. And due to our omnibus budgeting process, it’s usually impossible to limit Keller’s excesses, too.

The following letter to the editor of the Keller Citizen should appear in next week’s paper, to be followed the next week with a quarter-page ad displaying the same a week later:

A year ago the city council, facing declining revenue, nonetheless directed the city manager to lay off NO city staff under any circumstances. In the year since, the circumstances have only worsened.

Development in Keller has slowed dramatically (more than 50%) but the Community Development Department is still fully staffed.

Now the council is planning to issue new debt to cover its budget shortfall. It will cost taxpayers an additional $2.7 million. Council members have flatly refused repeated pleas to even consider budget cuts instead.

We now have a rare opportunity to take a firm stand against wasteful spending. We can overturn the council’s decision and take away their credit card by filing a petition of referendum. We need only about 500 signatures, but we firmly believe we can get many more.

If you’d like to help in this effort, with time or money, please contact us. Signatures will need to be gathered April 7th through May 5th. Read more at www.kellercitylimits.com or beyondrightfield.wordpress.com.

Jim Carson, Keller City Councilman 2006-2008
jim@kellercitylimits.com
817.874.7755

Doug Miller, Planning and Zoning Commissioner
doug@kellercitylimits.com
214.215.0870

In this episode we have a conversation with the Mayor of Keller, Pat McGrail.  The interview went a little over what I had envisioned so we had to break it down into two episodes.  This is part two of that conversation.

If you missed part one, it can be found here

Episode Music by David Kraut – Don’t Listen.

You can find David’s music at his website www.davidkraut.com.

Click on orange logo above to listen, click here, or you can subscribe to the podcast in iTunes, with your Zune or an RSS Feed by clicking the corresponding button beneath the logo.

I am also excited that Pegasus News has picked up Part One of the podcast and published a link to it on their website.  Pegasus News has on occasion republished posts from Keller City Limits thanks to Jim negotiating a lucrative deal with Pegasus that pays for Jim’s home on the beach in Rio.  (That was a JOKE)

In this episode we have a conversation with the Mayor of Keller, Pat McGrail.  The interview went a little over what I had envisioned so we had to break it down into two episodes.  This is part one of that conversation.

I think I could have done a five part interview with the Mayor.  There were a number of items that I wanted to get to but didn’t have the time.  Maybe after the first of the year and I get a few more of these under my belt, I’ll schedule another interview with Pat.

Constructive criticism is always welcome.  If you get ugly, I’ll delete your comment.  I’m doing as a hobby and spending my limited free time and money to  produce these.

I have been suffering through an allergy attack like nothing I’ve ever been through so I apologize for my voice.

Episode Music by David Kraut – Don’t Listen.

You can find David’s music at his website www.davidkraut.com.

Click on the orange podcast logo above to open a new page with a flash player to listen, or you can subscribe to the podcast in iTunes, with your Zune or an RSS Feed by clicking the corresponding button beneath the logo.

It’s that time of the year again, Keller is taking applications for its boards and commissions.  I’ve gone through the process a couple of times, it really is painless.  Fill out a form and attend an interview.

From the City’s website:

The city is currently seeking volunteers to serve on city boards and commissions, including the:

• Crime Control and Prevention District Board
• Economic Development Board
• Keller Development Corporation
• Library Board, Parks and Recreation Board
• Planning and Zoning Commission
• Public Arts Board
• Zoning Board of Adjustment.

Applicants must be residents and qualified voters of the City of Keller.  Applications are available on this page or from the Office of the City Secretary at Town Hall. Applications must be received by 5 p.m. Friday, Oct. 17.

My term on P&Z is up in November and I will be putting in my application for another term.