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Council debates which infrastructure projects must go to May ballot after charter amendment
Summary
City staff and council discussed whether multiple planned infrastructure projects must be presented as voter propositions under a recent charter amendment (Proposition G), and directed staff to seek legal guidance while leaving the item open for future action.
City staff and council spent the bulk of a Jan. 28 agenda item discussing which infrastructure projects and public facilities should be placed on the May ballot in light of a recent charter amendment known as Proposition G.
City attorney and staff briefed council that the deadline to call the May election is Feb. 14 and that ballot language must be included in an ordinance presented at the Feb. 11 meeting. "The proposition requires voter approval for the city to take any action or pass any ordinance addressing subdivision, significant physical change or alteration, sale, purchase, donation, exchange, or certain leasing of city property," staff member Miss Oakley told council.
Why it matters: Council indicated the new charter language affects projects already in the capital improvement plan (CIP) and could delay routine safety work. Staff listed projects that may be affected: the proposed public safety facility; the Bee Cave Public Library on the Skaggs tract; a Bee Cave Parkway sidewalk and pedestrian-crossing project that secured a TxDOT grant for approximately $960,000 (construction only); an overlay of Bee Cave Parkway between Highway 71 and Loop 620; installation of a guardrail near a Montessori school playground after a vehicle incident; Central Park parking improvements; and the Tordera Drive extension tied to the planned library and other turn-lane work at Highway 71.
Staff emphasized timing constraints for grant-funded work: the TxDOT project requires the PS&E (plans, specifications and estimates) package be ready five months before a Dec. 1, 2026 deadline, which staff translated to a July 1, 2026 PS&E readiness milestone. Oakley said the ballot ordinance must be drafted in time for the Feb. 11 council meeting so the election can be called by the Feb. 14 deadline.
Council members raised practical concerns about how the charter language could be interpreted. One council member said constituents may not understand ballot language that does not show how projects will be funded and might vote against needed projects. Another council member argued the charter's wording is vague and could force a court to decide the meaning of "significant change or alteration." The city attorney (unnamed) observed that ambiguity in the charter creates legal risk and could slow implementation: "At the end of the day, it might have to be a court, and that takes even longer than an election," the attorney said.
Outcome and next steps: Council left the agenda item open and directed staff to seek legal advice in executive session about how Proposition G applies to specific projects and to prepare potential ballot language for review at the Feb. 11 meeting. The council did not place any project on the ballot at the Jan. 28 meeting.
Provenance: The discussion began when staff opened item 8 with the statement that "the deadline to call the May election is Feb. 14" and concluded when the mayor left the item open and moved the meeting into executive session for legal consultation.
