A way to get a vote on the performing arts center

The Durangito crowd has been trying to stop the construction of the performing arts center by creating an ordinance that would rezone the area.

Unless they take the issue to court it appears that they have been stymied by city council.

What they seem to fail to understand is that there is a difference between creating zoning and objecting to zoning.

Texas law (local government code) reads:

Sec. 211.015. ZONING REFERENDUM IN HOME-RULE MUNICIPALITY. (a) Notwithstanding other requirements of this subchapter, the voters of a home-rule municipality may repeal the municipality’s zoning regulations adopted under this subchapter by either:

(1) a charter election conducted under law; or

Our city charter gives the citizens the right to petition to create an ordinance.  The Durangito group might want to look at modifying the city charter through a petition and election.  Section 9.004 of the Texas local government code (for the benefit of the people at the city, that’s a law) says:

The governing body shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supported by a petition signed by a number of qualified voters of the municipality equal to at least five percent of the number of qualified voters of the municipality or 20,000, whichever number is the smaller.

The state only allows city charter elections every two years.  If my recollection is correct the last one we had was on November 3, 2015 so an election can be called for.

The city is aware of this.  This slide came from a February 23, 2015 presentation:

We deserve better


One Response to A way to get a vote on the performing arts center

  1. Helen Marshall says:

    A historic district is NOT the same thing as a Zoning regulation! We can only hope that the “Duranguito crowd” is able to take this to court and get a definitive ruling. In the meantime, the City is taking the question of the “arena” AKA “Sports Pavilion” back to court with YOUR and MY tax dollars being used to hire yet again an out-of-town law firm to appeal the ruling of the judge who told the City flatly that sports events were not allowed under the terms of the bond. Do we deserve better?


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