Category Archives: Local Governmental Entities
Do Christmas Doggies Violate Deed Restrictions?
Christmas is just around the corner, and many families will be opting for that classic and borderline clichéd gift-that-keeps-on-giving: a dog. Not that there’s anything wrong with that; even my first family dog was a Christmas gift. So if you’re anticipating getting or giving a dog this year—or even if you already have a… Read More »
How Should a Texas Home Rule City Fill a Vacancy on City Council?
City attorneys are called upon to guide city councils are legal procedures and processes for host of municipal actions, including how to fill a vacancy on city council. In Texas, home rule cities look to their charters as well as Texas law for the proper steps. Various issues that could arise if the City… Read More »
How to Count a Majority for Voting
“How do we know its majority rule in your city?” asked an assistant attorney general reviewing a bond application for a city I represented. What? You mean are we a democracy? I asked. Yes, prove it, the AG said. How do you know white is white or one plus one equals two? How do you prove a… Read More »
How Should a Municipality in Texas Terminate an Easement?
The most important consideration for a city that desires to terminate an easement is to avoid retaining any interest in the land, which would create a “cloud” on the title of the real property. However, as an interest in real property, the easement cannot simply be “released” or “abandoned,” it must be conveyed or… Read More »
In Texas, Your Next Vote Could Be in a May Election
You may have noticed that there was an election held recently, and hopefully you voted. I personally know a few people who only vote at “the big election,” meaning the presidential election that comes around every four years, but I know even more people who endeavor to vote at every election they can, even… Read More »
What Does a Texas Magistrate Do? You See People in Jail?
If you are confused by the separate duties of magistrate and judge in Texas, how bail works and when a plea is taken, there are specific procedures for each. I currently serve as an Associate Municipal Court Judge for the City of Hedwig Village, Texas. The City Council appointed me Judge in July 2011…. Read More »
Why Is It So !@#$%^ Hard to Get Information out of My City?
Everyone believes in transparency in government, but the rub comes in implementing it. On the federal level, Congress passed the Freedom of Information Act – commonly known as FOIA – that applies only to the Federal government. On the state level, the Legislature passed the Texas Public Information Act. This Act provides for the… Read More »
Who? What? Where? When? Why? The Five W’s of Official Newspapers in Texas
Is a city in Texas required to designate an “official newspaper,” and if so, would the city would be required to publish notices in a newspaper that has its offices within the city limits? Does the city need to designate an official paper? It depends, in part, on whether the city is a home… Read More »
The City Attorney, Politics and Keeping out of the Bed of Strange Bedfellows
I am a City Attorney first and foremost. Today, I want to tell you what a City Attorney is not. The City Attorney is not a politician or elected official. That role is reserved for the Mayor and members of the City Council (i.e. the governing body). The City Attorney is not a policy maker…. Read More »
Urban Chickens: How Not to Get Flocked
A city council I represent recently deadlocked on whether to allow chickens to be raised by homeowners within the city limits. This was not a rural city but one that abuts Houston’s city limits. Amazingly, raising urban chickens has developed in to a cottage (dare I say coop) industry where for the price of… Read More »