Encinal closure freezes police, city services
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Councilors failed to appear for vital budget vote
The status of the city of Encinal remains in limbo this week after councilors failed to meet the requirements to file a budget, forcing all municipal operations into a shut-down.
The closure means that the city’s police department is unable to operate, City Hall staff are sent home unpaid, and city services such as residential and commercial trash collection have ceased.
Encinal Mayor Esmeralda Arce released a letter on Wednesday, October 4, in which the newly elected official noted that due to councilors’ failure to attend public hearings and numerous meetings, the city would not adopt a budget.
Failure by a municipal government to set its budget for the next fiscal year by a state-mandated deadline requires a complete halt on all city expenditures, according to state law.
“The council had also been informed that if they failed to adopt a budget, the budget does not simply or automatically revert back to the previous year’s budget and that no funds could be expended,” the mayor wrote.
A social media post released in late September warned residents that the city would cease all operations beginning on Monday, October 2, and until further notice.
City officials had no other option than anticipate a municipal shut-down after a quorum of councilors could not be assembled for a Thursday, Sept. 28, meeting. Records show that Arce and Councilors Oscar Aldaco and Yrma Arizola were the only elected officials present. Councilors Gilbert Inocencio, Donald Roath and Debra Weikel did not attend the meeting.
The mayor called for a special council meeting on Monday, Sept. 2, but again a quorum was not met.
Acre added an email correspondence between herself and the Texas Municipal League (TML) addressing the city’s position on the apparent failure to adopt and pass a budget for the fiscal year.
“There may be some miscommunication about failure to adopt a tax rate and a budget,” the TML representative stated in the email. “While tax rates may carry over under some circumstances due to inaction, a city budget does not. The city must approve a new budget every year before it can spend any money. A city may make some certain emergency expenditures under certain circumstances, but those circumstances expressly exclude the city’s failure to timely adopt a budget.”
The city has been advised by its legal counsel that failure to adopt a budget makes it unlawful to expend any revenue.
Media requests for an interview with the mayor had not been answered as of press time Tuesday.
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