City readies charter for public vote

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“THIS IS LONG OVERDUE…”

MAY 6 ELECTION DETERMINES WHETHER COUTULLA GOVERNMENT CHANGES

A ten-year plan to convert the Cotulla city government to home rule based on a self-drafted charter took a significant step towards fulfillment Thursday, February 9, when councilors gave the go-ahead to the document.

Voters living inside Cotulla city limits will have an opportunity on Saturday, May 6, to approve or turn down the proposal that could alter the way the municipal government operates.

Separating itself from the Texas state-mandated form of city government, Cotulla may establish its own rules for council terms, one of the principal changes under a home rule charter, although any alterations to the rules must first be approved in a voter referendum.

A recent example of home rule charter functions has been in the city of Pearsall, whose voters decided last year to change the length of councilors’ terms.

Contrary to earlier perceptions that a home rule charter may extend a city’s jurisdictional boundary, however, Cotulla will only have one mile beyond its city limits as the ETJ (extra-territorial jurisdiction). Councilors had earlier been led to believe that the existing reach of their jurisdiction would be extended under home rule.

City Attorney Steve Pena said last week that a municipal government’s ability to annex neighboring properties is altered only slightly by the self-drafted charter, and Cotulla will continue to abide by long-established guidelines over how much and under what conditions land may be annexed at any one time.

City annexation is undertaken for two primary purposes. Residential and commercial development on land outside the city will be connected to municipal utilities and will generate property tax revenues at a higher value when homes are built or businesses open; and commercial development and retail industries will generate revenues whose sales taxes are returned to the city.

Industries situated within the one-mile limit of the fixed city boundary will be offered an opportunity to make payments in lieu of taxes, according to Pena, who said the so-called PILOT program is popular with those who take advantage of city services but whose properties have yet to be annexed.

Cotulla’s new charter, which goes to voters in its final form this year, was drafted in large part by an ad hoc commission whose board members included local residents, business owners and those familiar with city government. At their head was airport manager ET Page, who told councilors on Thursday that he expects City Hall to post the full draft of the charter on its website immediately.

“The charter commission met numerous times, and we covered everything, line by line,” Page said. “We think it’s an equitable, good charter, in line with other cities. Our vote was unanimous.”

Atty. Pena had told councilors at an earlier meeting that the core of the charter is derived from the same document used by other cities of similar size, Pearsall among them.

The charter commission has held open meetings since it was established last year and has welcomed public input.

“I have read this charter so many times, I might have memorized it,” the city attorney said. “We think it has a good basis for the city to move into home rule.

“A city can choose whatever form of government that state law provides,” Pena added. “Citizens can propose legislation, and they can propose repeal.”

Placing municipal government directly in the hands of the voters makes councilors directly responsible to their constituents, according to the attorney.

At street level, however, Cotulla residents will notice few changes, if any, to the ways in which City Hall operates, if the charter is approved in May.

“It’s a big deal,” Pena said. “Pearsall has one; Hondo has one. It doesn’t really change that much, but if you want to change a charter, you have to have another election. Think of it as your city constitution.”

“This is long overdue,” Mayor Javier Garcia said of the charter proposal. “We have been talking about this since 2013. I’m sure the commission selected the very best, just to have the very least to function.”

The motion to accept the document draft was made by Councilor Manuel Rodriguez, seconded by Councilor Tanis Lopez and supported by Councilors Gilbert Ayala and Eloy Zertuche. Councilor Alejandro Garcia Jr. was absent from the Feb. 9 meeting.

The motion to place the charter proposal on the May 6 election ballot was made by Councilor Zertuche, seconded by Councilor Lopez, likewise supported unanimously.

“You will have election candidates and the proposition on the ballot,” Atty. Pena said. “In the case of the charter, it is down to a plurality vote. If it is approved, it changes the council elections.”

The proposed charter outlines a new schedule of council terms and election dates.

“Most citizens probably won’t even recognize that you have changed anything,” Pena added. “There is a lot of information out there. Post the charter on the website.”

Returning to talks on benefits of a charter for annexation, Pena reminded councilors of their long-term goals for development.

“The charter does not extend the ETJ past one mile, but there is a clause that allows you to annex industrial districts, and the city will have more leverage in making PILOT agreements with enterprises,” the city attorney said. “As Cotulla continues to grow… We have not annexed the truck bypass loop yet. That needs to happen. The city will grow in an organized manner.”