City keeps local attorney as annexation lawsuit heads to court
By SHANNON CRABTREE scrabtree@leader-news.com

El Campo City Council gave a vote of confidence in their city attorney after an hour and a half long closed door session to discuss the ongoing annexation lawsuit and a lingering real estate issue.

Returning to open session at 8:42 p.m., Council voted 6-0 to retain City Attorney Ronny Collins and his lawfirm of Duckett, Bouligny and Collins to represent the city, all individual members of Council and the city secretary in the pending litigation.

"The city of El Campo will provide and pay for the cost to defend the City Council members who, even though they give up their time to serve the city, were all sued individually by the plaintiffs," Collins said in a written statement provided to the Leader-News.

He added, "The city will also provide and pay for the cost of defense for one of our city employees, the city secretary, who remains a party to the lawsuit after the plaintiffs were asked, but refused to unconditionally release her even though there are no allegations in their pleadings against her."

The move comes just seven days before a scheduled hearing in Wharton County's 329th District Court before Judge Randy Clapp, a former member of the same firm.

The judge is scheduled to hear arguments for and against a requested injunction by plaintiff attorney Jason Ryan and city representative Collins at a 9:30 a.m. hearing Tuesday, Feb. 19.

"The city does not intend to try this case in the media. Instead, we will allow the court to decide the merits of the plaintiff's claims," Collins said in his written statement. "We remain confident that the city has taken the appropriate course of action during the annexation process in compliance with Texas law and has at all times acted in the best interest of the future for El Campo."

On Feb. 5, Clapp met in chambers with attorneys to hear a request for a temporary restraining order, but opted not to issue a ruling at that time.

City Attorney Collins is terming that meeting as a denial of the TRO request while Ryan is saying it was simply a request for additional evidence.

Tim Ryan and Ryan Services filed suit against the city Jan. 31 asking the court to allow voters to decide on recent municipal annexations after three petitions to Council were discarded Jan. 10.

Those 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 - were 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 the petitions without consideration.

While the lawsuit pends, the city has started cleaning ditches in the annexed Sandy Corner area and has engaged an engineering firm to design placement of water and sewer lines.

On the real estate issue, Council took no action.