Lawsuit pending over quashed annexation petitions
By CHRIS BARBEE cbarbee@leader-news.com

El Campo residents upset with the city over forced annexation could file a lawsuit in Wharton County District Court today, their attorney, Jason Ryan, told the Leader-News Tuesday morning.

The gauntlet was thrown down over annexation Monday night at a meeting of El Campo City Council when a resident utilizing the public comment item on the agenda informed Council that a lawsuit to force a vote would be forthcoming in an effort to overturn the city's recent decision to annex additional property into the city.

Plaintiffs, who had not been formally named at presstime, had threatened to file suit if the city did not consider petitions signed by more than 240 people calling for a vote on the matter. City Council approved four annexation areas on Dec. 11, and a petition effort began immediately, led primarily by oil industry owners and employees . Council, upon legal advice that the petitions need not be considered, decided Jan. 14 to not consider them and to move forward with annexation plans.

The only comment from Council Monday night on the issue was by Mayor Phillip Spenrath, who corrected a statement attributed to him by Clayton Ryan in the prepared text that he read. The comment inferred the mayor feels the input of those who signed the petition to put annexation to a vote is "unimportant, or insignificant."

"I never said anyone was unimportant," the mayor responded.

It is customary for elected officials to not comment or discuss items during the public comment time because they are on subjects not listed on the publicly posted agenda. Therefore to discuss them would be a violation of the Texas Open Meetings Law.

Ryan, representing Ryan Services and a group of business people and residents firmly opposed to the city's recent annexation, the first forced annexation in some 20 years here, was the only spokesman to speak during public comments.

"I'm here to speak on behalf of those who want the annexation ordinances to go to a public vote," he said.

"Earlier this month almost 300 citizens of El Campo submitted a petition to you asking you to let the annexation issue be decided by vote. I am disappointed that you have ignored those citizens. Your decision to take no action on the petition was a slap in the face to each of those 300 citizens. And it shows a failure by you to act responsibly and consistent with our country's dedication to democracy.

"You have left the citizens of El Campo no option other than to go to court to protect their right to vote. I would never have expected my city government to step on the rights of its citizens the way you have.

"To make things worse, you are making misstatements to the press. In a recent Victoria Advocate article, Mayor Spenrath said that there was 'very little public reaction' to annexation, and that only 'a very small group of people' have challenged the council's annexation action.

"I was surprised when I read that, because I don't view 300 citizens as unimportant, or insignificant, as the mayor apparently does. Rather, I see that as a clear message demanding responsibility by our council. Unfortunately, that message fell on deaf ears," Ryan said.

City Attorney Ronny Collins, who was absent Monday, said he believes the legal advice he gave El Campo City Council members Jan. 18 to not acknowledge the four petitions was sound. And the El Campo attorney is getting the backing of the Texas Municipal League. "A petition seeking an election on the question of disannexation is not valid, and should be rejected by the city council," TML Director of Legal Services Scott Houston wrote Collins Jan. 18.

Ryan, a Houston attorney reared in El Campo, dismisses that advise.

"The TML is not authoritative. It's an organization the city belongs to. It's not unlike me going down the hall to ask one of my colleagues if they agree with me," Ryan said.

"It's our position that that case (cited by Collins and the TML) may have been right at the time, but that in 1987 the Legislature redid the law and now there are a number of ways to reverse an annexation, including any way that's provided in a home rule city charger. And El Campo's charter, annexation or not, can be challenged by petition. We believe that based on the change in law, we'll get a different result in the courts," Ryan added.

The four areas that have been newly annexed to the city include the Sandy Corner area 400 feet east of Hwy. 71 North to Wilbur Road, Bode property along FM 2765, from the city limits along East Jackson Street to encompass Wharton County Electric Co-op, and an L-shaped piece of land west of South Meadow Lane from West Jackson to U.S. 59.

Ryan said petitioners are not necessarily plaintiffs in the lawsuit, although some might be. Among those petitioning in hopes a vote would shrink El Campo back to its original size were a member of the Planning & Zoning Commission, a school board member and two members of the El Campo Chamber of Commerce and Agriculture board of directors.

The petitions also included high school seniors and retirees, but the vast majority were people who own or work for businesses, or are friends of people associated with several local oil service related businesses.