Orange’s Master Plan for the city is “a guide to the physical development” and “a tool for elected and appointed officials,” not a law, the Texas Ninth Court of Appeals has ruled.
The decision is a victory for City Manager Dr. Shawn Oubre and the Orange City Council to move city hall from a historic mansion, its home for 70 years. The city is buying the First Financial Bank Building (formerly Orange Savings Bank) at 812 North 16th Street.
A local non-profit group, Historic Orange Preservation Empowerment, filed for an injunction against the purchase and plan to move city hall from downtown and 803 W. Green Avenue. Leslie Barras, a lawyer who lives in the Old Orange Historic District and is a founder of the non-profit group, contended the decision violated the city charter.
The charter says the city must follow the comprehensive master plan which is changed through a process of public hearings and votes by the planning and zoning commission plus the city council. The master plan sets city hall in the Old Town Center.
260th District Judge Buddie Hahn in March ruled the city’s decision was legal and the non-profit group appealed.
City Attorney John Cash Smith said the unanimous court of appeals decision “clearly shows they (the city council) didn’t need a public hearing.” A public hearing would be practical, but not legally necessary, he said.
David W. Starnes of Beaumont, who represented Barras and HOPE, said in a written statement “the decision is, of course, disappointing because we believe the City Charter is clear that the City Council cannot authorize a civic building, including moving City Hall, in ways that conflict with the Comprehensive Land Use Plan.”
Barras said in a written statement “regardless of the court decision, the City Manager admitted in the court hearing in March 016 that it is feasible and less costly to remodel and modernize the current City Hall.”
In January, after numerous closed-door hearings about the “city hall campus,” the city council agenda had the purchase of the bank building. Under the deal, the city will pay $2 million for the building, which is valued at $4.75 million. The bank will gift the city the remaining value of $2.75 million. The bank plans to build a new building nearby the 16th Street location.
The city council voted on the purchase without any public comment or discussion. At-Large Councilor Bill Mello was the only member who wanted to discuss the purchase in public. Dr. Oubre said the council did not have to make public comments.
Starnes said he will consult with Barras and HOPE on whether or not to appeal to the Texas Supreme Court.
Smith said he thinks the Texas Supreme Court will not even hear the appeal because the legality of the city’s decision is clear.
The appeals decision rules the plaintiffs are to pay the city’s legal bills. Smith said the bills could amount to more than $25,000. He said the decision to see reimbursement to taxpayers would be made by the council.
-Margaret Toal, KOGT-
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