HomeMy WebLinkAboutLegal Opinion - Charter Amendment Review 4/19/1975CRIBBS, McFARLANO, HOLMAN & HOLLOWAY
ATTORNEYS AT LAW
ONE WESTSURY SQUARE
JAMES A. rRIBBS
PARK ROW AT BOWEN
CABLE ADDRESS:
M. ROBERT MCFARLAND
P. 0. BOX SSEWESTSURY"
DIXON W. HOLMAN
ARL[Nr.T[3N, TEXAS 7SO113
JESSE A. H13LLOWAY
TELEPHONE
JAMES E. NOKES
(1317) 461-21300
December 20, 1974
City of Euless
201 Ector Drive
Euless, Texas 76039
Attention: Mayor A. C. Krause, Euless City Council and
Mr. W. M. Sustaire, City Manager
Re: Enforceability of Charter Qualifications for Candidacy
to the Euless City Council
Mr. Mayor, Members of the Council, Mr. Sustaire:
Section 2 of Article II of the Euless City Charter
requires a Council candidate to have the following qualifications:
1) Qualified voter of the State of Texas;
2) Real property owner within the corporate limits
of the City;
3) A resident of the City for at least two (2)
years next preceding the election; and
4) Not be in arrearage for the payment of any taxes
.or sums due the City.
The question has been addressed to us as to whether or
not Qualifications 2 and 3, above, are enforceable under the
present state of decisions recently emanating from our courts.
It is our opinion that both of such requirements would
now be deemed unconstitutional under recent Federal court
decisions applying and interpreting the 14th Amendment to the
Constitution of the United States.
For your general information, such decision was reached
in three recent Federal court decisions involving Texas cities.
It is our legal opinion, therefore, that application for
candidacy not be denied by the City Secretary for any candidate
failing to meet the property ownership and/or residency time
requirements.
Item No. X I
Council Minutes
January 14, 1975j
City of Euless
December 20, 1974
Page Two
I am sure I will be discussing this matter further with
you in the future.
Because inquiry has
such requirements, I wanted
soon as possible.
MRM: f t
been made as to the legal status of
to supply our opinion re same as
Y urs truly
M. Robert McFarland