Linden City Council votes against repeal of LEDC bylaw amendment

City Attorney Gary Albertson speaks before the Linden City Council Monday evening.

By Ben Woods

The Feb. 13 Linden City Council meeting had a standing-room-only attendance of more than 60 citizens.

At issue was a proposed repeal of an amendment to the Linden Economic Development Corporation (LEDC) bylaws that was approved by the council in December.

During the meeting, Linden City Attorney Gary Albertson spoke about the December amendment of the LEDC bylaws, which imposed new term limits on LEDC board members.

“The thing that was brought to me was apparently there was a situation where some term limits were voted on at the last city council meeting, there were some questions if that was a lawful vote or whether or not the city council had the authority to take that action,” Albertson said, “It is my legal opinion that you (the council) do not have the authority to change their bylaws currently as they are written.”

“Understanding that I am new to this job, I didn’t rest on my own opinion, I called the Texas Municipal League (TML), to my understanding that the City of Linden is a member of,” Albertson continued.

Alderman Mike Berry asked Albertson if it was his recommendation to repeal December’s amendment.

 “You can choose whatever action you want to, but if you impose something you didn’t have the legal authority to do it will open the city up for a lawsuit,” Albertson said.

The city council discussed the issue and voted on the motion to repeal the December amendment to the LEDC bylaws that imposed term limits. The council voted 3-2 not to repeal the amendment of the bylaws.

The city council will hold a special city council meeting on Friday, Feb.  17 to revisit the issue of repealing the December amendment.

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