Charter amendment suit filing delayed

By Matt Ward —

City of Fredericksburg officials remain quiet about a pending lawsuit which could overturn the recent charter amendment, but insist the suit, not yet filed, is still coming.

After announcing the suit in late June, the initial two-week projected timeframe to file in the Travis County District Court has passed, though lawyers at Norton, Rose and Fulbright continue to work on briefs in the case.

Officials indicated that there is no longer a timetable for filing, but would not comment further on the litigation.

Passed by voters in a slim 581-556 decision in May, the amendment regulates the ability of the city to transfer money from enterprise funds and requires approval by voters prior to the transfer.

The expected suit will seek a declaratory judgment that the recent charter amendment is not enforceable so long as the city’s currently-issued debt instrument bonds remain outstanding.

Filing a declaratory judgment suit will allow the city to receive an expedited decision, expected within a few months rather than several years.

At issue is the status of the city’s $6.5 million water revenue bond package, approved by the city council last summer, which is funding improvements to water facilities and the waste water treatment plant and has its final maturity in 2033.

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