2. Bürgerbegehren eingereicht

Heute um 11:00 Uhr wurde Herrn Bürgermeister Zenth  das „Bürgerbegehren gegen das geplante Baugebiet Wehräcker II“ durch die zwei Vertrauenspersonen Dr Michael Groß und Regina Groß und durch Yvonne Debold-Graf eingereicht.

Es wurden 424 Unterschriften übergeben.

Notwendig für das geforderte Quorum von 7 % der wahlberechtigten Bürgern wäre ein Anzahl von 261 Unterschriften gewesen. Wie auch beim ersten Bürgerbegehren wurde diese Anzahl deutlich überschritten. Der Wunsch, dass dieses Baugebiet nicht realisiert wird, ist in der Bevölkerung nach wie vor ungebrochen. Die Forderung, im Zweifelsfalle das Thema durch einen Bürgerentscheid zu klären, besteht ebenfalls nach wie vor. Die Gründe gegen dieses Baugebiet sind dem Gemeinderat und der Verwaltung durch das erste Bürgerbegehren hinreichend bekannt.

Das nun eingereichte Bürgerbegehren fordert, dass für das Gebiet Wehräcker II kein Bebauungsplan aufgestellt wird und der diesbezügliche Aufstellungsbeschluss des Gemeinderates vom 22.1.2019 aufgehoben wird. Es handelt sich dieses mal um ein sogenanntes kassierendes Bürgerbegehren mit der rechtlichen Folge, dass ab Einreichung des Bürgerbegehrens eine gesetzliche Schutzwirkung für die Ziele des Bürgerbegehrens eintritt. D.h. dass ab dann bis zum Bürgerentscheid keine dem Begehren entgegenstehenden Maßnahmen von der Gemeindeverwaltung mehr getroffen werden dürfen. Mit dieser Schutzwirkung soll verhindert werden dass, durch die Schaffung von vollendeten Tatsachen (z.B. Satzungsbeschluss einer Bauleitplanung, Vertragsabschlüsse, etc.) Bürgerbegehren ausgehebelt werden .

Das zweite Bürgerbegehren wurde notwendig, da das Widerspruchverfahren wegen der Nichtanerkennung des ersten Bürgerbegehrens, was sich gegen das Fassen eines Aufstellungsbeschlusses für das Baugebiet Wehräcker II richtete, noch andauert und die Wiederspurchsfrist gegen den am 22.1.2019 gefassten Aufstellungsbeschluss am 22.4.2019 endet.

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Author: Dr. Michael Groß

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