(rshsdepot) Cleburne, TX

[Bernie Wagenblast <brwagenblast_@_comcast.net>]

Recall derailed, talk of referendum

By: Rob Fraser, Times-Review Writer
February 11, 2002

The high-profile recall move by railroad history and Trinity & Brazos Valley
Railroad Depot fans may not happen, and proponents are beginning to look at
a referendum for term limits.

City Secretary Shelly Doty said at this time the referendum issue will need
to be researched before any information on the procedure is available.

Railroad and depot buff Shane Hopkins, who is also a trustee of the Santa Fe
#3417 Historical Foundation, said since he was informed by Doty the city
charter does not require the city council to call an election to recall an
official on the same date that there is a general election to fill the
position that the official holds, the recall supporters are looking at a
different avenue.

He said he wants the referendum to limit local politicians to two terms of
office, to become effective immediately, and he wants it on the upcoming May
4 ballot.

Doty said she didn't expect that was going to happen.

The recall movement started when the city was set to demolish the T&BV
Depot. The order to demolish the structure was postponed at the last minute
on Feb. 1 to give the city and depot owner Dan Roberts the opportunity to
explore some last minute possibilities concerning the building.

An opinion on the recall from the city attorney, Wade Adkins, said the city
charter does not require the city council to call an election to recall an
official on the same date that there is a general election to fill the
position that the official holds.

Of the three elected officials, the terms of two, Mayor Tom Hazlewood and
Mayor Pro-Tem (Single Member District 4) John Warren, expire this May 4,
election day. SMD 3 Councilman Earl Horton's seat will not be on the ballot
this May.

The letter said, "First, the term of office in which the petition for a
recall election was presented will have expired, and second, it would be
extremely confusing to ask voters to both elect and recall a candidate at
the same election. In fact, it would be impossible because the two things
are mutually exclusive."

The letter said if sufficient petitions are presented for a recall election
for Hazlewood and Warren at the May 4 election, the council will be advised
they are not required to order a recall election concerning their positions.
These positions are already scheduled to be filled by the voters at the May
4 election.

The letter said, "Persons who desire to remove Mayor Hazlewood and
Councilman Warren from office will have an opportunity to campaign against
them if Mayor Hazlewood and Councilman Warren seek reelection at the May 4
general election."

The letter also said, "It should be noted that if Mayor Hazlewood or
Councilman Warren were removed from office by a recall election, nothing in
the Cleburne City Charter would prohibit either of them from becoming a
candidate in the election to fill the vacancy caused by their removal. Many
city charters contain a provision prohibiting a removed officer from
becoming a candidate to succeed himself. The Cleburne City Charter does
not."

According to the letter, a petition to hold an election to recall Horton on
May 4, "would not be out of order" because the election to fill his position
will not be on the ballot May 4.

The letter said, "No recall petition shall be filed against the Mayor or
Councilman within six months after he takes office." That is in accordance
with the city charter, he said.

Hopkins said, "Although I don't really know, I'm not a lawyer, just a
concerned citizen, I guess it could be right, since this section of the city
charter hasn't been updated since March 1950."

He said he didn't think it was right for the recall supporters to be
penalized this way just because the charter hadn't been updated.

Both Hazlewood and Warren said the recall supporters certainly have the
right to pursue the issue.

Hazlewood said, "As far as I'm concerned, they can do what they want." He
said, "My job is to do what's right for the city."

Hazlewood said he will, when the time comes, order the building to come
down.

Warren said, "Citizens have the right to do what they think is right. That's
what makes government work."

Building owner Roberts said Thursday he hadn't heard from anyone in the
city. "There's been no contact at all."

When asked what he would sell the building and land for, he said, "I would
take $30,000. But why sell it now?"

++++++++++++++++++++++++++++++++++++++++++++++++++++++

Council to discuss T&BV Depot fate

By: Rob Fraser, Times-Review Writer
February 12, 2002

Cleburne City Council will consider an amendment of the uniform building
code to permit a day care/kingergarten to operate above or below the first
story of a building not equipped with an automatic sprinkler system.

The meeting starts at 7 p.m. at city hall this evening.

The council will hear a presentation by Johnson County Historical Commission
archivist regarding the Trinity & Brazos Valley Railroad Depot issue.

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