The latest battles of Bellaire’s decades-long sidewalks wars were fought in the fall of 2018, and in response to overwhelming public input spanning multiple hours over multiple meetings, the City Council completely canceled all plans for standalone sidewalks. Through the public process those battles were thus brought to conclusion, but the issue was revived a few months later by resident petitions for three charter amendments that would remove the question of sidewalks from the public process. The requisite constitutional waiting period having now passed, and pursuant to the state election law calendar, last week the City Council formally ordered a special election to be held on Saturday, May 2.
Calling and preparing for this special election isn’t as simple as just replicating what we’ve done in past elections. We routinely contract our elections out to Harris County, but that’s not an option this time because of the retention period and procedures for the County’s voting equipment following the March primaries. It has fallen to our City Clerk, as local election administrator, to make all of the individual arrangements typically handled by the County, and these demands will no doubt continue all the way through election day. We recognize and thank her for her tireless efforts.
To minimize the cost of this election while ensuring full and fair access for all voters, we’re consolidating our five voting precincts into one polling place, in the Bellaire Civic Center. Some of our residents with past experience as precinct election judges have graciously agreed to work this election for us, and we’re also utilizing city staff as much as possible. With the voting machines not available from Harris County we’ll have to lease them from an outside provider; something voters should be aware of is that the lower cost option is for equipment that will be less familiar to them, but the poll workers will be trained to assist as necessary.
The official notice of the special election is still being prepared, and specifically the estimated fiscal impact of each proposed amendment, as is required by law to be included in the notice. The fiscal impact will likely be somewhat different for standalone sidewalks versus those that are included alongside streets being reconstructed with new drainage infrastructure. In the latter case, there would at first glance seem to be no additional fiscal impact at all, because hydrology (Prop A, full text below) and mitigation of additional surface water runoff, if any (Prop C), would already be provided for in the project. However, because Proposition A calls for “a hydrological study performed by an independent engineer not otherwise affiliated with the City or the project” (emphasis added), a second hydrological study would need to be performed by a second engineer, maybe with some cost savings if they can at least share data. That narrows the gap between the estimated fiscal impacts for each category of sidewalks, but expect both to be included in the notice.
The obvious effect of the proposed charter amendments, if approved, is to virtually guarantee that no future sidewalks would be built on residential streets, at least not as standalone projects. Not because it’s a foregone conclusion that the written approval of at least 50% of the property owners on a given block could not be obtained (Prop B), but because all the engineering and design work would have to have already been completed before their approval could be sought (Prop A). No City Council could rationally incur the cost of engineering and designing projects so uncertain to actually be built, save perhaps for situations in which the residents themselves might have initiated the request. For sidewalks coupled with new streets and drainage the incremental cost would be slight, but at a minimum such projects would be delayed by at least six months.
Equally obvious are the potential ramifications for our legislative process generally. The question being put to our voters isn’t just about sidewalks, but about what the City Charter—our “constitution”—should say, or not say, about sidewalks. Back in 2018 Bellaire residents came out in droves and demonstrated the power of speaking up and letting their voices be heard, and through the public process achieved the outcome they desired. Amending the Charter to take the issue away from that same public process would prevent it from working again in the future. And that's true regardless which side you're on. This special election won't resolve our deep-seated split over sidewalks, but amending the Charter as proposed would effectively end the debate.
Early voting will begin on April 20 and continue every day through April 28. April 20 is also the deadline for eligible voters to submit, to the City Clerk, an application for ballot by mail. Election day is May 2.
The full text of the three propositions as they will appear on the ballot is as follows:
Calling and preparing for this special election isn’t as simple as just replicating what we’ve done in past elections. We routinely contract our elections out to Harris County, but that’s not an option this time because of the retention period and procedures for the County’s voting equipment following the March primaries. It has fallen to our City Clerk, as local election administrator, to make all of the individual arrangements typically handled by the County, and these demands will no doubt continue all the way through election day. We recognize and thank her for her tireless efforts.
To minimize the cost of this election while ensuring full and fair access for all voters, we’re consolidating our five voting precincts into one polling place, in the Bellaire Civic Center. Some of our residents with past experience as precinct election judges have graciously agreed to work this election for us, and we’re also utilizing city staff as much as possible. With the voting machines not available from Harris County we’ll have to lease them from an outside provider; something voters should be aware of is that the lower cost option is for equipment that will be less familiar to them, but the poll workers will be trained to assist as necessary.
The official notice of the special election is still being prepared, and specifically the estimated fiscal impact of each proposed amendment, as is required by law to be included in the notice. The fiscal impact will likely be somewhat different for standalone sidewalks versus those that are included alongside streets being reconstructed with new drainage infrastructure. In the latter case, there would at first glance seem to be no additional fiscal impact at all, because hydrology (Prop A, full text below) and mitigation of additional surface water runoff, if any (Prop C), would already be provided for in the project. However, because Proposition A calls for “a hydrological study performed by an independent engineer not otherwise affiliated with the City or the project” (emphasis added), a second hydrological study would need to be performed by a second engineer, maybe with some cost savings if they can at least share data. That narrows the gap between the estimated fiscal impacts for each category of sidewalks, but expect both to be included in the notice.
The obvious effect of the proposed charter amendments, if approved, is to virtually guarantee that no future sidewalks would be built on residential streets, at least not as standalone projects. Not because it’s a foregone conclusion that the written approval of at least 50% of the property owners on a given block could not be obtained (Prop B), but because all the engineering and design work would have to have already been completed before their approval could be sought (Prop A). No City Council could rationally incur the cost of engineering and designing projects so uncertain to actually be built, save perhaps for situations in which the residents themselves might have initiated the request. For sidewalks coupled with new streets and drainage the incremental cost would be slight, but at a minimum such projects would be delayed by at least six months.
Equally obvious are the potential ramifications for our legislative process generally. The question being put to our voters isn’t just about sidewalks, but about what the City Charter—our “constitution”—should say, or not say, about sidewalks. Back in 2018 Bellaire residents came out in droves and demonstrated the power of speaking up and letting their voices be heard, and through the public process achieved the outcome they desired. Amending the Charter to take the issue away from that same public process would prevent it from working again in the future. And that's true regardless which side you're on. This special election won't resolve our deep-seated split over sidewalks, but amending the Charter as proposed would effectively end the debate.
Early voting will begin on April 20 and continue every day through April 28. April 20 is also the deadline for eligible voters to submit, to the City Clerk, an application for ballot by mail. Election day is May 2.
The full text of the three propositions as they will appear on the ballot is as follows:
PROPOSITION A
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT THE CITY OF BELLAIRE MUST, PRIOR TO THE CONSIDERATION OF ANY ORDINANCE BY THE CITY COUNCIL FOR THE CONSTRUCTION OF ANY SIDEWALK ON ANY BLOCK ZONED BY THE CITY FOR RESIDENTIAL USE, DELIVER BY CERTIFIED MAIL TO EACH OF THE OWNERS OF REAL PROPERTY LOCATED ON SUCH BLOCK, DETAILED WRITTEN INFORMATION CONSISTING OF THE EXACT LOCATION OF SUCH SIDEWALK IN RELATIONSHIP TO ALL TREES, LANDSCAPING, FENCING, SPRINKLER SYSTEMS, AND DRAINAGE LINES, AND A HYDROLOGICAL STUDY PERFORMED BY AN INDEPENDENT ENGINEER NOT OTHERWISE AFFILIATED WITH THE CITY OR THE PROJECT, SUCH WRITTEN INFORMATION TO BE PROVIDED TO EACH SUCH OWNER ON OR BEFORE THE DATE THAT IS SIX (6) MONTHS PRIOR TO THE CITY COUNCIL’S CONSIDERATION OF THE ORDINANCE FOR CONSTRUCTION OF SUCH SIDEWALK.
__________ FOR
__________ AGAINST
PROPOSITION B
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT NO SIDEWALKS SHALL BE CONSTRUCTED BY THE CITY OF BELLAIRE ON ANY BLOCK ZONED BY THE CITY FOR RESIDENTIAL USE WITHOUT THE WRITTEN APPROVAL OF AT LEAST FIFTY PERCENT (50%) OF THE OWNERS OF REAL PROPERTY LOCATED ON SUCH BLOCK, SUCH APPROVAL TO BE OBTAINED NO MORE THAN THREE (3) MONTHS PRIOR TO THE COMMENCEMENT OF SUCH CONSTRUCTION.
__________ FOR
__________ AGAINST
PROPOSITION C
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT THE CITY OF BELLAIRE SHALL NOT CONSTRUCT ANY SIDEWALK ON ANY BLOCK ZONED BY THE CITY FOR RESIDENTIAL USE, UNLESS THE CITY CONCURRENTLY ELIMINATES THE IMPACT OF SUCH ADDITIONAL IMPERVIOUS MATERIAL USED IN THE SIDEWALK CONSTRUCTION ON SURFACE WATER DISCHARGE/RUNOFF WITHIN THE CITY.
__________ FOR
__________ AGAINST
