Annexation not on agenda as El Campo faces lawsuit
By SHANNON CRABTREE scrabtree@leader-news.com

El Campo's City Council has no plans to reconsider petitions calling for the repeal of recent annexations Monday despite an apparently imminent lawsuit.

Instead, the sole annexation related agenda item is designed to allow for the next step in the process - the engineering needed to extend water and sewer lines to new areas.

Three petitions - calling for either the repeal of annexations of Sandy Corner, Hwy. 71 North, property on FM 2765 and land on U.S. 59 west of South Meadow Lane or a May vote on the issue - had been presented at City Hall Jan. 10 and were brought before Council Jan. 14.

But acting on attorney advice that deliberation would be illegal, Council set aside those petitions without consideration.

Oppos- ing Attorney Jason Ryan of the Houston law firm Baker Botts then requested the city place the issue on the upcoming Jan. 28 agenda or face a legal challenge.

The city has no plans to do so.

"I don't have any direction to have an agenda item, no," City Manager John Steelman said Thursday. "We're moving ahead."

With Council approval of the contract with O'Malley Engineering, the city will likely spend the next six months developing plans for water and sewer line extensions into Sandy Corner and other annexed areas, he added.

There's no reason to reconsider the nullified petitions, City Attorney Ronny Collins said Thursday, after reviewing Ryan's request for a hearing before Council.

"There was nothing in his letter that has changed my opinion nor has it changed TML's opinion," Collins said, adding the Texas Municipal League has worked in conjunction with him on his advice to Council, telling him he is "100 percent correct in my interpretation of law."

He added, "There is not any reason to change our position."

Ryan disagrees.

"It's not a criminal act (for Council) to take action on the petition," he said. "They are probably violating the law more by not taking it up at all."

If City Council doesn't take some action on petitions Monday, Ryan says he intends to file a lawsuit in Wharton County's District Court.

"I anticipate asking for declaritory and injunctive relief - to ask the court to tell us what Texas law is on this issue and also issue an injunction," he said, adding the goal would be to make the city follow its own Charter.

"To pull back or put matter to popular vote," he said, "I'm not telling the city which of the two to do, but it is our opinion the city should do one of the two."

City Attorney Collins, however, says state law supersedes the charter preventing an annexation petition.

"If he were to file lawsuit, it probably wouldn't take long to dispose of it," Collins said, but added he doesn't know exactly what Ryan would be seeking.

Ryan said he was also confi- dent a suit wouldn't take long to resolve, but he believes the court would order a public vote on the issue.

"It's a shame to have to go to court to enforce the right to vote, but if that's where we end up that's where they end up," he said.

The El Campo City Council will meet at 7 p.m. Monday in chambers, 315 E. Jackson. The meeting is open to the public with time designated for citizen comments.

During the months of January and February City Council meetings are being held on Mondays to accommodate Mayor Phillip Spenrath's high school basketball coaching schedule.

ANNEXATION TIMELINE:

El Campo City Council approved

annexations

Dec. 11 and

immediately a

petition effort

started. On Jan. 14 Council opted

not to consider

petitions. Now a lawsuit is pending

if Council doesn't

take up the issue Monday.