Is councilwoman indebted to City? Council asks Texas AG to weigh in
City Rep. Lily Limon has a theory on why she lost the election and she’s pointing a finger at both the media and fellow City Representative Michiel Noe.
Just before the election, the El Paso Times published an article online stating Limon was on a payment plan for property taxes owed to the city. The Times later removed that story from its website.
Under the city’s charter, a person who is “indebted to the city” in any sum of money, including a valid tax levy or assessment, cannot take office.
“It is unfortunate that was used as a campaign ploy – very ably. So it shows the irresponsibility of the media, not only in this particular case for the media, but a sitting representative who further used that as an attack,” Limon said.
City Rep. Noe responded by saying, “just look at the numbers. Before this even came out, she lost in early voting. So it had nothing to do with her losing the election.”
Noe placed an item on Tuesday’s agenda asking the city attorney to evaluate the definition of indebtedness. In particular, do payment plans count?
Council approved asking the Texas Attorney General for an opinion on the matter.
Limon was not — and is not — behind on her payment schedule, which are set up for property owners who have not paid their bill by the January 31st deadline.
A key question is whether Limon’s payment plan is to prepay next year’s taxes or if it’s because this year’s balance wasn’t paid in full by the January 31st deadline.
“Just because you are making your payments doesn’t mean you are not in debt. That needs to be clarified in the charter. That needs to be changed I think and written in a better way to allow people who have the right to make payments on anything, traffic tickets, on your taxes or anything else so they can do that and take the seat they are elected to,” Noe said.
The city attorney said it’s an issue the city would like an impartial opinion on, which is why officials are reaching out to the state attorney general.
“The Texas tax code requires a city to accept quarterly installments from any individual who requests it who is over the age of 65,” said City Attorney Sylvia Borunda-Firth, “Our position has been as long as the person is timely with regard to their payments, that they would be allowed to take office.”
Borunda Firth further asked: “The question is whether it should be delinquent or indebted and what would be the outcome if presented to a court of law – whether someone would be allowed to take office?”
Limon lost her reelection bid to Henry Rivera earlier this month.