Further to the issue of the city’s out of town lawyer telling us and city council that:
For decades, Texas Courts have consistently held that the power of the people to legislate through initiative petition or
referendum does not extend to zoning.
They could have
Notwithstanding any charter provision to the contrary, a governing body of a municipality may adopt a zoning ordinance and condition its taking effect upon the ordinance receiving the approval of the electors at an election held for that purpose.
That language is part of Texas Local Government Code section 211.015. It clearly states that city council could have given us a vote on the zoning issue downtown. That would be different from the process of initiative or referendum, but would require council to care about what the public thinks.
We don’t know how the citizens would vote if the issue were put on the ballot, but it would certainly clarify things.
Then again they simply don’t want us to have a say in the issue.
We deserve better