Ballot for May 6 will include disannexation, 7 candidates for 3 spots on Board of aldermen
Disannexation of a large portion of Salado will be on the May 6 ballot, as well as a field of seven candidates for three spots on the Village of Salado board of aldermen.
Aldermen voted 4-1 with David Williams voting against to call for the election, despite possible issues with the metes and bounds description of the area to be disannexed.
The possible issue of metes and bounds came up in open session discussion with the Village attorney Linda Sjogren after this reporter stood up in opposition to the board of aldermen retiring into executive session to consult with legal counsel.
Governing boards are allowed to meet with their attorneys in executive session to discuss pending and contemplated litigation. They may also meet in closed session to seek legal advice on any legal matter that may come before the body.
This reporter objected based on the agenda posting of the election items under the regular session when other personnel items were posted under executive session.
Knowledge of the issue of metes and bounds closing came to the board earlier in the afternoon. It was not known that there were issues when the agenda was posted.
The legal standing of the petition’s boundaries could be called into question if a citizen or group of citizens sues to either stop the election or to overturn the results of the election.
Because of this, the board wanted to meet in closed session to discuss with its attorney if it could even legally call the election due to the metes and bounds not closing. The board would have been acting within its right to adjourn into executive session due to the legal issues stemming from the metes and bounds. When I rose in opposition, I was not aware of those issues.
“It is possible a surveyor could take those metes and bounds and could close those boundaries,” Linda Sjogren, Village attorney, told aldermen.
If the measure passes, there could be legal quandaries that could arise from the metes and bounds issue.
“There is case law for annexation, not for disannexation, that says if the metes and bounds don’t close, you don’t have a described area,” Sjogren.
“You are in a bit of a Catch-22,” she said. “There’s not a real clear decision to be made one way or the other.”
David Williams asked Sjogren, “isn’t it incumbent upon the applicant to file a complete application” and to make sure the metes and bounds are legal.
“The burden is on them,” Sjogren said.
“The downside of approving the election would be getting challenged,” Sjogren said. She added that the downside of not calling the election is “you will be challenged.”
The election was called after a group that calls itself FED UP gathered 77 signatures on a petition calling for the disannexation of an area of Salado and presented it to Mayor Skip Blancett Feb. 9.
The disannexation election will be on a ballot on May 6 along with an election for three spots on the board of aldermen.
A field of seven candidates filed for three two-year terms on the Village of Salado Board of Aldermen.
Candidates for the board of aldermen are (in the order they filed, drawing for a place on the ballot will be later this week): David T. Williams (incumbent), Linda Reynolds, Michael McDougal (incumbent), Andy Jackson, Fred Brown (incumbent), Christopher Tramel and Judy Fields.
Salado ISD will cancel its May election as only three people applied to run for the board and will be automatically elected to the board: incumbent Kim Bird, Troy Smith and Nate Self.
The Salado Public Library Board of Director may cancel its election as only three people filed for election to the board: Patricia Rehm, Soo Kim-Delio and Bobbette Bell. There are three terms open.
Early voting will begin April 24. The last day to register to vote is April 6.