Author Archives: Carl R. Allred
How Cities in Texas Can Collect on Delinquent Utility Bills
Many municipalities in Texas provide utilities to their citizens in one form or another, but what does a city do when a customer refuses to pay a long overdue bill? The answer is simple, place a lien on the property for the amount owed. However, the process is not as simple as the answer,… Read More »
What Is This “Funding” Clause and Why Is It Needed?
Contracting for goods or services is a normal part of the day-to-day operations of a municipality in Texas. As most City Attorneys already know, there are certain provisions that are required in every contract a municipality in Texas enters into. Some of these provisions can cause confusion and concern for a vendor who is… Read More »
HB 3143 and Chapter 312 Tax Abatement Agreements
Tax abatement agreements, commonly referred to as 312 agreements, are never easy tasks, and with the recent updates to Chapter 312 of the Texas Tax Code, the job hasn’t gotten any easier. The most notable changes concern notice and public hearing requirements for the 312 agreements and the adoption or updating of the city’s… Read More »
From Texas to Mars- How a Little South Texas Village Has Become the Epicenter for the Colonization of the Red Planet
“Mars Colony 1 to Starbase, over”….“Copy Mars Colony 1, this is Starbase, go ahead” – These are phrases we have only dreamed about through our favorite Sci-Fi movies and books, but what if the reality of a colony on Mars was closer than any of us realize? Better yet…what if the staging point for… Read More »
Updating Those Outdated Deed Restrictions
As my previous blog pointed out, deed restrictions in the Houston region can be a form of constant frustration. Whether you are a property owners association, a municipality, an investor, or a homeowner, you have undoubtedly experienced the frustration of outdated deed restrictions. So, what do you do if faced with deed restrictions that… Read More »
Overcoming Outdated Deed Restrictions
Whether you are a municipality, a homeowner’s association (HOA), or a property owner, you have most likely experienced some level of frustration due to outdated deed restrictions that no longer conform to the character of the neighborhood they seek to benefit. For a municipality or an HOA, that frustration could come in the form… Read More »
A City Attorney’s Guide To Cancelling A General Municipal Election In Texas
Typically, general municipal elections in Texas are routine matters, however; every now and then, issues arise that require a City Attorney to dig deep into the Texas Election Code. One such statute deals with the cancellation of a general municipal election because there are unopposed candidates. So, what should your City do if the… Read More »
No Indemnification By Texas Municipalities
Municipalities in Texas regularly find themselves negotiating one agreement or another with a variety of vendors for a variety of services. Each agreement is different as it is tailored to meet the needs of that specific service, but there are certain provisions that will be present in every agreement a municipality enters into. One… Read More »
Show Me the Bacon
Well, Texans, it’s that time of year again. The legendary Texas heat is finally abating, and we are waking up to crisp cool air all across this great state of ours. This is one of the many reasons so many of us love our state. We have a few unrelenting months of breathtaking summer… Read More »
Extent of Liability for Texas Cities Depends on Whether Functions Are Governmental or Proprietary
A question that often comes up for municipalities all over the state is whether they can be held liable for actions taken as a governmental entity. At one time in our history this was technically true, but in 1969, Texas enacted what is now known as the Texas Tort Claims Act. Prior to the… Read More »