So, what happens when the wording of an Ordinance is misleading, or contains information that isn’t true?
In May 2017 Cibolo City Council passed Ordinance 1203 to amend the Development Agreement. Several things were changed, but the biggest was that Schertz and its portion of FM1103 were removed from the agreement. Upon further review it was found that the ordinance itself included statements that are untrue. [See picture below]
From a Cibolo Citizen:
I am asking if possible for Mandamus to be issued to the City of Cibolo Council and Mr. Herrera. Specifically to make true statements when making City Ordinances, to present the statutory obligations to the public for the development of a road, and to follow the States Laws and codes, and to officially revise the existing ordinance No. 1203 to only reflect the facts of what TxDOT actually states.
In the body of this email below you will find the responses from Ms. Gault with TxDOT. My very first request is about the action item from the ordinance that brings this “Development Agreement” to the city. TxDOT response is that what the City states in the ordinance has not occurred.
I am looking for specific information regarding TxDOT communication to the City of Cibolo about the Cibolo turnpike or Cibolo Expressway.
In the City Ordinance No: 1203 they state that
"TxDOT identified a toll road highway and additions to already planned improvements to FM 1103 as transportation improvements that would create significant economic impact and benefits to the City and the surrounding area; and."
Can you confirm that this identification occurred. If it did occur can you provide the method that was used and the documents that support such an identification. If there is no such statement or identification made by TxDOT can you provide me with a statement to that fact.
TxDOT response: This has not occurred.
So what does this mean?
The City of Cibolo has a statutory obligation to present the truth. At the very least they are required to not create ordinances that are based on non-facts or violate Texas codes.
We are, again, looking to the City and its officials to present the truth, supported by facts to the public. We hope there is a tool that can be used to enforce the statutory obligations of the city to provide facts, and to follow the States Laws and codes.
Ordinance 1203 | http://www.cibolotx.gov/DocumentCenter/View/1421