14 Jim Bell vs. City of Paris litigation
CAUSE NO.
'lS;L13
IN THE ~k~OURT
JIM BELL, ~
Plaintiff, ~
~
VS. ~
~
THE ClTY OF PARIS, TEXAS ~
Defendant. ~
OF
LAMAR COUNlY, TEXAS
ORIGINAL pmnO~QllDECLARATO.R.tRELtEE
To the Honorable Judge of said Court:
I ~
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Plaintiff ,Jim Bell files this Original Petition complaining of the City oj; Paris,1'ex~,. :::
Defendant, and for cause of action respectfully shows: :1 I ~ fi r~ ::~ ~
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Discovery in this action is intended 10 be conducted under Level 2 inico~ce ,!!(ith 5~
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Rule 190.3 of the Texas Rules of Civil Pro~dure.
n.
Plaintiff now is, and 8t 81/ times Itlevant hereto, has been, a citizen oftbe City of Paris,
Texas.
HI.
Defendant City of Paris, Texa.~, is a municipality duly organized under the Jaws of the
State ofTcxns, and located in the County of Lamar, Sta.~ of Texas, where servico of the citation
may be had on llichard Manning, Mayor, at the City Hall Building in 135 S,E. First S~ Parls,
Lamar COuntyl Texas.
IV.
This proceeding is pursuant to the Texa, Unifonn Declaratory Judgments Act.
Or/gI1l111 Pdi/ionfor Declara/ory Rtlitf
Pngl! 1 01 J
roo"
v.
The City of Paris, Texas, through its duly qualified voters, approved and enacted the City
Chance on November 2, 1948 (hereinafter, the "Charter"). Conti:1ined within the Charter IU'c
provisions relating to the rec.aU of any sitting member of the City Couneil. See Code of
Ordinances, City of Paris, Paris, Texas (988). Important to understanding this Petition, the City
of Paris, at the time the Charter was enacted, elected councilpersons at large. In approximately
1976, though, following the conclusion of federal Htigation, the City of Pans was divided into
seven single-member districts for ,\!oting purposes only. (See Ord. No. 95.0S3~ ~ 1,9-13-95)
I
,
VI.
Relevant to Petitioner's caUge are Sections 112 and 113 of Article X of said Charter
which read as fOJ/OM:
6-ec. 112. ~U n...ocedqr~~
Any elector of the City of Paris may make and file with the city clerk an affidavit
containing the name or names of the offi~ or officers whose removal is sou.ght
and a statement of the grounds for removal. The clerk shall thereupo.o deliver to
the elector making such affidavit copies of petition blanks demanding sueh
removal. The city clerk shaH keep a sufficient number of such printed petition
blanks on hand for distribution. Such blanks, when issued by the city clerk, shall
bear the signature of that officer and be addressed to the city council, and shall be
numbered, dated, and indicate the name at the person to whom issued. The
petition blanks, when issued, shall also indicate the number of Such bianks issued
and the Dame of tho officer whose removal is sought. lbe city clerk shaD enter in
a record to be kept in his office the name of the ejector to whom the petition
blanks were issued and the number issued to said person.
Sec. 113...Rcca,l1 DetitioDS.
The recall petition, to be effeotive, must be returned and filed with the city clerk
within thirty days after the filing of tbe affidavJt required in section 112 of this
article and it mU3t be Signed by qualified electors of the city equal in number to at
least fifty-one per cent (5 t 'Yo) of the total number of votes cast at the last
Original PlfflUorr for Dffillt'd/IJry Relief
Pace] of 5
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municipal election at which four councilmen were elected; provided, however,
that the petition shall contain the signatures of at least seven hundred (700)
qualified electors of the city and shall confonn to the provisions of seer ion ~02 of
this article. No petition papers shall be accepted as part of a petition unless it bears
the signatUre of the clty.clerk as required in section 1.12 of this article.
VII.
Petitioner has begun a recall petition directed at a sitting councilman. Compllo.nce with
the aforementioned Sections is requi~ of Petitioner in completing this task. Such compliance,
city equal in number to at least fifty-one 1'Ct' cent (51 %) ofrhe total number of votes cast at the
as per the plain langullie of tho Sepnons, would requirf;l the signatures of qualified e~octors of the
last municipal election at which four councilmen were elected. A further proviso states that such
number of signers must total at laast seven hundred (700).
VIII.
Although the plain language of the aforementioned Sections do not limit the residency of
the signatorie$ to his petition, Petitioner has been instructed by the City that only those qualified
electors reSiding in the affected councilman's district will be counted.
IX.
In sum, a justiciable controversy exists regarding the interpretation and application of
Sections 112 Bn.d 1 J 3 of Article X of the Charter.
x.
Petitioner respectfully prays tha.t this honorable Court render a decree:
A. Affirming the validity of Sections 1) 2 and' 13 of Article X of the Charter of the
City of Paris, Texas; and
Orlgbrtl/ ~/tlon PI'l><<lllral()1)' Rlllief
Pap) vI S
B. Specifying the sianatoric,g to a ~aJI petition may, as per the plain language of the
Charter, Come from any of the City's seven electoral districts,
Should the Court agree with the City's position that only those: qualified electors from the
affected C<lUt1Cilman 's diBtrict may be counted in the recall petition., Petitioner respectfully asks
the Cot1n to render a dccn:e nullifYing the "700 signatories" proviso.
Xl.
Petitioner has retained the undersigned counsel to repre~ent him in this action and has
agreed to pay reasonable and necessary attorney's fees. An award of reasonable attorney's fees
to the Petitioner would be equitable and just snd therefore authorized by Section 37.009 of the
Civil Practice and Remedies Code.
WHEREFORE, PREMISES CONSIDERED, Petitioner pra)'3 that:
1. Afflnn the validity of Sections 112 and 1 13 of Article X of the Charter of the CIty of
Paris, Texas; and
2. Specify the signatories to a recall petition may, as per the plain language of the Charter,
comf: from nny of the City's seven electoral districts.
3. Alternatively, should the Court find that only those qualified electors from the affected
~uncilman's district may be cOunted in the recall petition, Petitioner respectfully asks the
Court to render a decree nullifying the "700 signatories" proviso.
4. Petitioner further prays that h~ recover his costs, including reasonable and necessary
attorney's fees.
5. Finally, the Petitioner prays this court grant such other and further relief as the Court may
deem proper.
Original Pet/lI(m for lhclart1Jery I{ll1iif
Png, ., 01 5
Orlgfnaf Pdi:JIonfor Dtclarntory Reflef
BY:
Respectfully submitted.,'
ELLIS & TIDWELL, L.L.P.
w~L
R.. Wesley Tidwell
State Bar No. 00789681
101 W. Houston
Paris, Texas 75460
Tel. 903/785-2600
FAX 903/785-6688
ATTORNEYS FORPErnnONER
Pa~ Sof 5