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Special Election City of Wimberley Place 5 Council Person & City Sewer Tax Referendum

This petition had 131 supporters


We are all saddened by John White's recent resignation from City Council Place 5. The citizens of the City of Wimberley request a special election be held as soon as administratively possible to select, by majority vote, the next council person for Place 5. Authority for requesting a Special Election for a General Law city, like Wimberley, can be found in the State of Texas Legislative Statutes. Don’t take my word for it, prove it to yourself by referring to section 22.010 item (C) of this link:
 http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.22.htm
When you read the section you will see that “in lieu of appointing a person to fill a vacancy on the governing body - i.e. City Council, a special election may be ordered to elect a person to fill the vacancy".

Don’t let anyone tell you that you can’t request a Special Election by signing this petition. It is your right to request the Mayor and City Council hold a Special Election. You should not give up your right to vote by letting anyone tell you a General Law City, like Wimberley, can’t hold a Special Election to fill a council vacancy. One of the goals of this petition is to ask the City Council to hold a Special Election in accordance with the law so you can exercise your right to vote and elect a City Council person for Place 5. Signing this petition allows you to formally request the City Council "discuss and decide” in a properly noticed open meeting if they will hold a Special Election to satisfy the will of the citizens to elect a Council Person for Place 5.

The community is also very concerned about the required funding to accomplish the proposed City Sewer Managed Project. It is an understood economic fact the City Sewer Managed Project cannot be accomplished and paid for without the need for an Ad Valorem or other similar property tax. Even Peter Way mentioned as much in his letter to our Mayor. It is highly unlikely the Revenue Bond approach the City has proposed as a means to fund the City Managed Sewer Project provides sufficient revenue for the City to use as collateral to secure the necessary up front capital loan required for the design and build phases of the City Managed Sewer Project.

To put a finer point on the need for a Special Election, you should know that as a General Law City, we are legally permitted to have a vote for an Ad Valorem tax rate increase since the tax is already enacted as a City of Wimberley ordinance at 0% rate. By law, any increase to the tax from the current 0% rate can and should be voted on by the citizens. As we know, Ad Valorem at an effective rate other than 0% and up to 1.5% per $100 of assessed valuation, which is the absolute maximum tax rate a General Law City can enact, is around the corner if we proceed with the City Managed Sewer Project.

If the necessary Ad Valorem tax rate is approved, the City would proceed with the City Sewer Managed project as planned. If the necessary Ad Valorem tax rate is NOT approved, the City would proceed with the Aqua Texas proposed sewer solution. In either event, the City retains the right to NOT pursue any sewer solution.

The second goal of this petition is to have the City Council involve the citizens in the City Sewer Managed Project decision-making process that will ultimately be paid for by the citizens through an Ad Valorem or some other form of property tax. By you signing this petition, you are requesting the City Council actively engage you in the decision-making process by allowing you to exercise your right vote in a Special Election for the Ad Valorem tax rate increase required to fund the City Managed Sewer Project.

Please don’t let anyone take your right to vote away. Sign the petition now to request the City Council approve a Special Election for you to exercise your right to vote for City Council Person Place 5 and the Ad Valorem Tax rate increase required to fund the City Sewer Managed Project. You are legally entitled to exercise your right to vote. Don't let anyone take that right away. Sign the petition now to have your voice heard.

Frequently Asked Questions (FAQs)

What are the goals of this petition?
This petition has two primary goals. The first goal is to request the Mayor and City Council hold a Special Election to allow citizens to exercise their legal right to vote for a Place 5 City Council Person. The second goal is to request a ballot item in the Special Election to allow citizens to vote on the Ad Valorem Tax rate increase required to fund the City Managed Sewer Project.

Why do we need a Special Election?
The current incumbent for City Council Place 5, John White, recently resigned. There are still 23 months left before the Place 5 position comes up for a regular election. The Citizens of Wimberley have the right to select, by majority vote, the candidate to fill Place 5 now. The only legal way citizens can vote for a Place 5 City Council Person is in a Special Election.

I was told that Wimberley can’t have a Special Election, is this true?
Absolutely not true. By law Wimberley can and should have a Special Election. The only requirement is that the citizens make their will known to the Mayor and City Council so they can discuss and decide in a properly noticed meeting to have a Special Election.

How do I make my interest in a Special Election known to the City Council?
By signing this petition and voting in a Special Election.

I’m told Special Elections are expensive?
Special Elections are no more expensive than regular elections. When the City incorporated, it became the City's responsibility to ensure elections are held so the citizens can exercise their right to vote. The City has the legal responsibility to make sure your voting rights are protected and a special election is part of that requirement.

Why should I sign this petition?
You should sign this petition because you are wanting to exercise your legal right to vote. Specifically, you have a legal right to vote to elect a City Council Person for Place 5 and you have a legal right to vote on the required Ad Valorem tax increase required to fund the City Sewer Managed Project.

What happens if I don’t sign the petition?
If you don’t sign the petition, you are giving away your right to vote on the selection of a City Council person for Place 5 and your right to vote on the Ad Valorem tax increase required to fund the City Sewer Managed Project. Specifically, you are telling the Mayor and City Council to make the decision for you.

If I sign this petition, am I agreeing to have an Ad Valorem Tax?
No. By signing the petition you are NOT agreeing to have an Ad Valorem Tax. You should know that the City already has an Ad Valorem Tax. The Ad Valorem Tax ordinance was passed during Mayor Thurber’s Administration. The current Ad Valorem Tax rate is set to 0%. By signing the petition you are notifying the City Council that you want to exercise your legal right to vote during a Special Election to any increase in the Ad Valorem Tax rate that may be required to fund the City Sewer Managed Project.

If I sign this petition, am I agreeing to the City Sewer Managed Project?
No. By signing the petition you are NOT agreeing to the City Sewer Managed Project. By signing the petition you are notifying the City Council that you want to exercise your legal right to vote during a Special Election to any increase in the Ad Valorem Tax rate that may be required to fund the City Sewer Managed Project.

If I sign this petition, am I agreeing to the Aqua Texas Sewer Project?
No. By signing the petition you are NOT agreeing to the Aqua Texas Sewer Project. By signing the petition you are notifying the City Council that you want to exercise your legal right to vote during a Special Election to any increase in the Ad Valorem Tax rate that may be required to fund the City Sewer Managed Project. If the Ad Valorem Tax rate increase is not accepted by the majority of those voting, the City can either select the Aqua Texas Sewer Project solution, which does not require additional tax based funding as the best solution, or decide not to have a sewer solution for the City of Wimberley.

What happens when I sign this petition?
The petition and signatures are automatically sent to the Mayor, City Council, and Acting City Administrator. The petition results will be discussed at a City Council meeting and a decision will be made on the Special Election.

Is there any urgency in me signing this petition?
Yes. There a short time frame for you to sign the petition. Our Mayor has already said he is interested in making a decision by the July 6, 2017 City Council Meeting. Time is of essence. Sign the petition now if you are interested in exercising your voting rights in a Special Election.

How many people need to sign this petition for the City Council to consider having a Special Election?
There is no fixed number of people needed to sign the petition for the City Council to consider having a Special Election. However, the more people that sign the petition, the more weight the petition request carries and the less likely the City Council is to ignore or dismiss the Special Election request. We need everyone interested in exercising their legal right to vote to sign the petition.

Is there any disadvantage or downside to me signing this petition?
No. There is no downside or disadvantages to signing the petition. However, be aware that if you do NOT sign the petition, you are giving away your right to vote on the selection of a City Council person for Place 5 and you are giving away your right to vote on any Ad Valorem tax increase required to fund the City Sewer Managed Project.

What else can I do to help?
The most important thing you can do to help is to sign the petition yourself and have your family, friends, and neighbors sign the petition. Please tell your family, friends, and neighbors about the petition and send them the link provided below so they can sign the petition.
https://www.change.org/p/mayor-cityofwimberley-com-special-election-city-of-wimberley-place-5-council-person-city-sewer-tax-referendum-de145787-dab9-4d89-8f1b-eca972c4ea54?recruiter=696261116&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

 



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