“If men were angels, no government would be necessary.” James Madison

Chapter 3: Local Governments

Forms of Local Governments Municipalities – 1,200 city and town governments Counties – 254 Counties Special Districts – Over 3,000 special districts

Local Governments and Federalism Dillon’s Rule: Local governments have only the powers granted by the state government, whose powers implied in the state grant, and those powers indispensable to their functioning. Cities, counties, and special districts are created through state laws and the Texas Constitution, and they make decisions permitted or required by the state. Local governments face mandates from both the national and state government. Some of these mandates are funded by the higher lever of government and some are not.

Grassroots Challenges Concerns for Local Governments Crime Infrastructure Public School Controversies Terrorism Threats Ensuring that all communities receive equal access to public services Voter Apathy Most grassroots problems can be addressed through the democratic process.

Municipal Governments Legal Status of Municipalities General Law Cities – Cities with a population of 201 or more Adopting a charter Home-Rule Cities – Population of 5,000 or more May be Incorporated Locally drafted charter that is adopted, amended, or repealed by majority vote in a citywide election

Home Rule Cities Advantages Greater flexibility in determining how they operate Citizens adopt, draft, and revise their city’s charter through citywide elections 3 Powers Recall – process for removal of elected officials through popular vote Initiative – citizen-drafted measure proposed by a specific number or percentage of qualified voters. If approved by popular vote, and initiative becomes law without city council approval. Referendum – approves or repeals an existing ordinance

Forms of Municipal Government Strong mayor-council Weak mayor-council Council-Manager Commission

Strong Mayor-Council A type of municipal government with a separately elected legislative body (council) and an executive head (mayor) in a city-wide election with veto, appointment, and removal powers. Council elected by single-member districts Mayor elected at large Budgetary power exercised by the mayor, subject to council approval before the budget is implemented A mayor with the power to veto council actions

Houston City Council Sylvester Turner, Mayor Chris Brown, Controller http://www.houstontx.gov/council/gallery.html

Houston City Council The City Council is the City's legislative body, with the power to enact and enforce all ordinances and resolutions. Eleven Council Members are elected from districts and five are elected at-large, by all voters of the City. The sixteen members of Council, along with the Mayor, act only by ordinance, resolution or motion. They adopt and may alter the annual budget and confirm the Mayor's appointments. Council is responsible for the appropriation and issuance of bonds, the awarding of contracts and the approval of City expenditures over $50,000. Council may lease or dispose of the City's real estate and may levy assessments against property. Council determines its own rules of procedure, and its meetings are open to the public. Sixteen Council Members are elected every four years, in odd-numbered years. Council Members are limited to serving two terms of four years each, with each term beginning on January 1 of the even-numbered year. Five Council Members are elected At-Large, or city-wide, while the other eleven are elected to geographic districts of roughly the same proportion of population. City Council Members  

Weak Mayor-Council Separately elected mayor and council, but the mayor shares appointive and removal powers with the council, which can override the mayor’s veto.

Council-Manager Form An elected city council hires a manager to coordinate budgetary matters and supervise administrative departments. Makes decisions after debate on policy issues (i.e. taxes, budgets, annexation, services, etc.) Managers prepare annual budgets and policy recommendations Appoints department for implementation City Councils usually hire professionally trained managers.

Commission Each elected commissioner is a member of the city’s policymaking body, but also heads an administrative department.

Municipal Politics All city and special district elections in Texas are nonpartisan elections. Results in low voter turnout Voters vote for personalities, not issues Redistricting Occurs after every 10-year census All city’s council districts MUST have approximately the same population, and any changes in Texas must be approved by the U.S. Department of Justice.

Council Elections At-Large Elections Single-Member District Elections City-wide Single-Member District Elections Area-wide Challenges Represented Anglo population and underrepresented ethnic minorities Cumulative Voting Voters cast one or more of the specified number of votes for one or more candidates in any combination. Term Limits

Socio-Economic Changes Growth in the population’s size, amount of citizen organization, and income increases the demands on local government and produces higher spending.

Municipal Services Major Responsibilities Zoning Police Fire Street Water Sanitation Parks & Recreation Zoning 311 Website Capital Improvement Plan (CIP) Projects

Municipal Government Revenue Taxes Property Tax Amount of tax/$100 of the property value Sales Tax 1.25 – 2 percent Fees Water Sewer Sanitation Recreation Facilities

Taxes

Municipal Government Revenue Bonds Borrowing Money Any bond that will be repaid using taxes must be approved by voters. Property Taxes and Exemptions Homestead Exemptions Home owners Disabled veterans Homeowners 65 year of age and older 20% on the assessed value of the home

Alternative Methods to Increase Revenue Create new fees or raise fees on services Impose hiring and wage freezes for municipal employees Cute services Contract with private firms for service delivery Improve productivity

Homestead Exemptions

TIRZ Tax Reinvestment Zone – An area in which municipal tax incentives are offered to encourage businesses to locate in and contribute to the development of a blighted urban area. Commercial and residential property taxes may be frozen.

Counties Elections Partisan Elections 4 Year Terms 4 County Commissioners County and District Attorneys County Sheriffs County Clerk District Clerk County Tax Assessor-Collector County Treasurer Constables Partisan Elections 4 Year Terms

Commissioners Court A Texas county’s policymaking body, with 5 members County Judge 4 single-member precincts Duties Administrative and legislative duties

Harris County