A month after passing a resolution clarifying Fulshear’s standing as a Type A General Law City, city council unanimously approved an ordinance reaffirming the city’s status.
The action came near the end of Tuesday evening’s council meeting.
The ordinance essentially copies the resolution approved in November, but gives it added strength, according to newly-appointed City Attorney Grady Randle.
“You passed a resolution,” Randle explained. “Here, it’s making it an ordinance. It just strengthens it up.”
Mayor Jamie Roberts echoed the attorney’s comments, saying the ordinance closes any potential loopholes left in the resolution.
“We just want the Ts crossed and the Is dotted,” Roberts said.
The issue came up in November in the wake of Roberts using his mayoral veto to initially block Randle’s appointment. He said at the time he was not opposed to Randle serving as city attorney, but expressed frustration over what he characterized as efforts by city council to usurp his authority.
He said he wanted to force council members to clarify what form of city government they wanted.
In response, Councilman Derek Einkauf proposed city council take formal action reaffirming Fulshear was a Type A General Law city. He said he had researched the issue and found the city needed a “defining ordinance” on how it should be operated.
Einkauf also noted Fulshear had traditionally operated as a Type A city. The problem, he said, was there was no record of previous city councils ever formally adopting a form of government.
“There is no (document) on file that states that,” Einkauf said.
Einkauf added that an earlier council could have approved such a document, but it “may have been lost” at some point through the years.
That discussion led to the council approving a resolution affirming Fulshear’s status as a Type A General Law city. That resolution was then approved in ordinance form at this week’s meeting.
Under state law, the mayor of a Type A General Law city serves as its administrator and is responsible for the operation of the city and direction of employees, enforcement of the laws of the city, preparation of the annual budget and the appointment of officers and employees.
All mayoral appointments are subject to confirmation by the city council.
By: John Pape on Wed, Dec 16, 2009
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