Determan v. City of Irving, Texas

ROBERTSON, Justice.

This is an action under Tex.Rev.Civ.Stat. Ann. art. 717m-l (Vernon Supp.1980) brought by the City of Irving in which the City seeks a declaratory judgment concerning the validity of an amendment to section 2(a), article V, of the city charter that limits the City’s taxing power. The trial court declared the amendment void. We affirm.

On August 11, 1979, the voters of Irving, Texas adopted an amendment to section 2(a), article V of that city’s charter. After the amendment, section 2(a) reads as follows:

The city council shall have the power and it is hereby authorized and made…