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Council orders Fairwater Amendment to November ballot after heated debate
Summary
After hours of public comment and legal debate over whether the citizen‑led Fairwater Amendment qualifies as a 'climate charter' under state law, the City Council voted to move forward with the petition process and call a special election for Nov. 3, 2026, while acknowledging likely legal challenges.
The City Council voted to place the citizen‑sponsored Fairwater Amendment on the November ballot after a prolonged public comment period and legal review of the petition's language.
Interim City Attorney Buck Bryce told the council that Texas law (Senate Bill 1860) defines a "climate charter" to include charter changes that "purport to address climate change or the municipality's environmental impact, including water use," and that the Secretary of State's office had earlier advised there "is an argument" the Fairwater Amendment could be treated as such. "The measure responds to those drought conditions by mandating water use controls, conservation duties, and surcharges designed to change consumption behavior," Bryce said while recommending the council consider the statutory definition before acting.
Proponents urged the council to respect the verified petition and let voters decide. "We collected 12,788 validated signatures," Fairwater organizers and supporters told the council during public comment, emphasizing the petition's verification by the city secretary's office. "Let the people decide," said Arman Alex, a Fairwater director, asking the council to reject the city attorney's interpretation.
Opponents and several council members cautioned that the amendment could reshape utility policy and leave the city with funding gaps. Councilmember Sylvia Campos, who made the motion to proceed with the election under the city charter process, acknowledged she opposed parts of the amendment on policy grounds but said, "We must follow the process." Others warned that if the exemption fee for large industrial users were removed the city may need to recoup roughly $6 million in water revenue from other ratepayers.
The council's decision does not end the legal fight. Buck Bryce warned that a determination either way could prompt lawsuits — challengers may sue whether the council declares the petition a climate charter or not. The ordinance adopted by the council preserves petitioners' right to seek legislative approval if the city classifies the amendment as a climate charter.
The vote sets the required steps to call a special election for Nov. 3, 2026; the city will publish notices and coordinate election details with Nueces County. The legal and technical disputes over the amendment's status are likely to continue in court or through legislative review before voters see the measure on a ballot.
