Maverick County Sued in Federal Court for Allegedly Violating Civil and Constitutional Rights of Citizens’ Right to Petition for a Referendum Election of $7.2 Million Bonds
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
Maverick County Judge Ramsey English Cantu and County Commissioners Rossana Rios of Precinct 2, Olga M. Ramos of Precinct 3, and Roberto Ruiz of Precinct 4 have been joined and sued as Defendants by Eagle Pass, Texas citizen, Enriqueta Diaz, in federal district court in Del Rio, Texas for allegedly violating 1,665 county citizens civil and constitutional rights to petition the county government to call for a referendum election on $7.2 million of certificates of obligations (bonds) necessary as Maverick County’s 30 percent contribution towards a $24 million Texas Water Development Board (TWDB) combined grant and loan expansion project of the Maverick County Water Treatment Plant, located at the Maverick County Industrial Park (Radar Base) about 12 miles north of Eagle Pass, despite having met the legally required minimum threshold number of registered voters (5%) to call said referendum election.
Diaz, acting as a Pro Se Plaintiff, alleges that a petition by Maverick County registered voters representing five percent of the number of County voters who cast a ballot at the last held county election was filed on October 10, 2023 with both Maverick County Clerk Sara Montemayor and Maverick County Elections Administrator Isamari Sanchez-Villarreal requesting a referendum election on the $7.2 million bonds.
At an October 10, 2023 Maverick County Commissioners Court meeting scheduled to take action on whether to order the issuance of the $7.2 million bonds, Commissioners Court postponed taking action to allow the Elections Administrator Isamari Sanchez-Villarreal and her staff to verify if the petition for referendum had satisfied the five percent minimum threshold requirement and rescheduled said agenda item to their next regular meeting on November 6, 2023.
At a special meeting of Maverick County Commissioners Court on October 30, 2023, Commissioners Court approved an order to declaring and ratifying the TWDB finding that there were “public health and safety conditions“ that the County water treatment plant was a public health and safety” danger to the citizens of Maverick County, was an unforeseen deterioration of conditions at the County water treatment plant, and the TWDB Project was necessary to protect the public health and safety of County citizens.
Also at the October 30, 2023 County Commissioners special meeting, Maverick County Elections Administrator Isamari Sanchez-Villarreal issued and read her report on the results of her office’s verification of 2,333 signatures submitted in the referendum petition, finding that 668 signatures had not been validated or verified, but that 1,665 signatures had been validated or verified. Sanchez-Villarreal advised Maverick County Commissioners Court that the citizens’ petition requesting a referendum election on the $7.2 million bonds had satisfied the minimum threshold requirement of five percent of the number of registered voters who had cast a ballot at the previous county election.
County Commissioner Gerardo “Jerry” Morales made a motion that Commissioners Court approve or ratify the Elections Administrator’s Report and schedule the $7.2 million bonds for a referendum election, but his motion died for a lack of a second from his fellow Commissioners.
Instead, County Commissioner Roberto Ruiz made a motion to approve Agenda Item No. 33 calling for the issuance of the $7.2 Certificates of Obligations (bonds) for Projects necessary to preserve the public health and safety of county citizens, exempting the issuance of the bonds without conducting a referendum election—effectively denying the 1,665 registered voters of Maverick County their First Amendment Rights petition the government for a referendum election.
On November 6, 2023 before a Maverick County Commissioners Court regular meeting, Diaz filed her federal lawsuit with the U. S. District Court for the Western District of Texas, Del Rio Division, in Del Rio, Texas, requesting a Temporary Restraining Order, Temporary Injunction, and Permanent Injunction against the four Defendants and Maverick County from issuing the $7.2 million bonds and to grant a referendum election on said bonds.
At a November 6, 2023 regular meeting, Maverick County Commissioners Court approved on a split vote of 4-1 to adopt or approve the Certificates of Obligations (bonds) Ordinance for the $7.2 million.
Defendants contend that the Maverick County citizens’ petition for a referendum election on the $7.2 million bonds is exempt from being required because of the poor conditions of the County Water Treatment Plant is a public nuisance that endangers the public health and safety of the citizens of Maverick County, the Project is necessary to protect the public health and safety of County citizens, and the Project is an unforeseen emergency due to the public health and safety issues.
Therefore, Maverick County’s position is although the Commissioners Court determined via the Elections Administrator’s Report of the verified signatures on the petition met the minimum threshold requirement of signatures to satisfy the five percent of qualified voters who cast a ballot at the last county election, the $7.2 million Certificates of Obligations (bonds) are expressly exempt under state law pursuant to Section 271.049(d) of the Texas Local Government Code due to public health and safety issues of county citizens.
A federal court hearing for a preliminary injunction has been scheduled on Tuesday, November 14, 2023 at 10:30 a.m. before Chief U. S. District Judge Alia Moses in Del Rio, Texas to hear evidence, witnesses, exhibits, and legal arguments whether a preliminary injunction against Defendants and enjoining the issuance of the $7.2 million bonds until a trial on the merits is held.
After being served with the federal lawsuit, Maverick County Commissioners Court has scheduled another regular meeting on Monday, November 13, 2023, at 5:00 p.m. calling for two Agenda Items concerning the issuance of the $7.2 million bonds prior to a possible preliminary injunction being granted or denied in the pending federal court lawsuit filed by Diaz.
On Friday, November 10, 2023, Maverick County posted an Agenda for the November 13, 2023 meeting with Agenda Item No. 5 calling for “discussion and appropriate action to consider an adopt an Order authorizing the issuance of Maverick County, Texas Combination Tax and Subordination Lien Revenue Certificate of Obligation, Series 2023, in the principal amount of $7,200,000.00 and awarding the sale of such certificates to the Texas Water Development Board.” In addition, Agenda Item No. 6 calls for “discussion and appropriate action to consider and adopt a Resolution authorizing and approving a grant agreement with the Texas Water Development Board in the amount of $16,800,000.00; and resolving other matters incident and relating thereto.” Both agenda items were placed by County Judge Ramsey English Cantu, according to the agenda.
To complicate the legal fight between the citizens of Maverick County represented by Enriqueta Diaz and the Defendants, Maverick County itself has filed a separate lawsuit in the 293rd Judicial District Court of Maverick County, Texas on November 6, 2023 seeking a declaratory judgment to adjudicate the validity of the the $7.2 million bonds and injunctive relief from being denied the issuance of said bonds. This case is pending in state district court in Maverick County and seeks an expedited trial hearing on the first Monday after the 20th day after the date of an Order setting it for trial. All Maverick County citizens and residents owning property, money, or an interest in Maverick County are “interested parties” and may file an answer or intervention in the lawsuit.
The federal lawsuit and state lawsuits are pending concurrently in different courts with different judges.
