Mayor's ordinance delay questioned
By SHANNON CRABTREE scrabtree@leader-news.com

The city of El Campo's decision to delay ordinance enforcement in newly annexed areas has raised questions about mayoral authority.

Mayor Phillip Spenrath announced a full code enforcement moratorium Thursday specifically designed to allow for two fireworks stands on Hwy. 71 North to operate.

"These business folks had already purchased their inventory on the assumption that the effective date (for annexation) was Jan. 1," City Manager John Steelman said.

But the moratorium extends beyond that.

Although annexed areas officially became parts of the city Dec. 11, Mayor Spenrath said, "our intention all along was to make it effective at the beginning of the year."

The moratorium covers all ordinances, he said.

"I made the decision," Spenrath said. "I was trying to do the right thing."

During the Dec. 11 City Council meeting, votes ranged from unanimous to 4-2 with six members voting to accept annexation and immediate implementation.

With that vote, all ordinances went into effect although no enforcement has taken place.

Thursday, a statement from the mayor made the delay official.

"I don't know about that," Senior Councilwoman Gloria Harris said. "I did talk with him about that briefly. I told him to check with the attorney. What he should have done is call a special meeting."

Harris added she wasn't opposed to delaying enforcement until Jan. 1, saying it was what Council originally intended.

Mayor Pro Tem Kenneth Martin said he hadn't been contacted on the issue.

The city of El Campo is a strong city manager government.

The mayor, the City Charter says, "shall be recognized as the head of the city government for all legal and ceremonial purposes and by the Governor for purposes of military law, but shall not have regular administrative duties."

City Attorney Ronny Collins said his understanding was the decision to delay enforcement was based on a staff recommendation.

"The direction staff was headed down was non-enforcement. I don't agree that it (the mayor's announcement) was a directive," Collins said. "And I would object to a directive from the mayor to the staff without Council direction. I would advise that it would not be binding. I would hope that (the mayor's statement) not be interpreted as that (a directive) by anyone."

The attorney added, " He does not have the authority under our Charter to make the call so to speak."

Spenrath said he was operating with good intentions trying to help newly annexed residents cope with changes.

Steelman agreed, saying the delayed action would benefit residents and business owners in the area.

"It was the right thing to do according to the mayor and he moved ahead with it," he said. "Don't know that it impacts the authority of Council. I know that I work for the Council. I'm certainly here to carry out the marching orders they give me."