After hearing arguments from the plaintiffs and defendants on Friday afternoon, Judge John Shrode of the 358th District Court decided to not grant a temporary restraining order against the Ector County Utility District.
This decision allows the Nov. 8 general election to continue as scheduled with two of the plaintiffs, ECUD Treasurer Will Kappauf and ECUD Director Troy Walker, up for re-election.
The third candidate up for election is Sheila Black. There are also two propositions up for election.
Proposition A reads “Proposition to include all of Section 34 and all of Section 35 (less 34.7 acres within 1,000 feet of Interstate 20), Block 43, T-2-S T&P Ry. Co. Survey, Ector County to assume payment of the Operations and Maintenance Tax that is in effect for lands in the District.”
Proposition B reads “Proposition to include those lands not already in the District Sections 13, 14, 15, and 17, Block 43, T-2-S, Texas & Pacific Railway Co. Survey, Ector County, Texas to assume the Operations and Maintenance Tax that is in effect for lands in the District.”
ECUD President Tommy Ervin and Walker said in separate interviews they are sad, for different reasons, about the outcome.
Ervin said the reason he’s sad is that ECUD has had to go through this process.
“This process has brought a lot of animosity for a lot of people,” Ervin said.
Walker said he’s sad that he doesn’t feel like justice was completely served. Walker explained to members of the media the judge gave direction to come together in mediation. Walker said the discussion about mediation will begin when an emergency ECUD meeting is held Monday.
“We just want a legal board that represents the taxpayers,” Walker said. “My taxpayers deserve representation and right now they’re not getting it.”
According to a previous Odessa American article, the lawsuit alleged under state laws passed in the late 1990s, that two cohorts of directors are supposed to be elected every other even year and ECUD failed to do so after 2002 and until 2016.
The lawsuit also alleged that in 2016, 2018 and 2020, the wrong people were put up for election and the same thing is happening again this year.
The lawsuit also alleged the Water Code “has its own specific directive that elections are to take place in May of each even-numbered year.”
Derek Cook, an attorney for ECUD, used a relay race as an analogy and said the baton is already in motion for the Nov. 8 general election. He said in court that steps can be taken for future elections to take place in May.
When Ervin was asked about making future elections happen in May, he said that he and he believes the two other board members that would be up for re-election in 2024, Margaret Burton and Stephanie Shaw, would agree to that.
In regard to the animosity, Ervin said he has extended an olive branch to Kappauf and Walker. The outcome of the current election could mean both men would serve on the ECUD Board for another four years.
“What we do as a board is we argue a bit, but at the same time, we all have an agreement. We all have an understanding that our decisions are for the people of the Ector County Utility District,” Ervin said.
Walker said he wasn’t afraid to go up for re-election. He said ECUD has had a habit of picking and choosing laws it wants to follow.
“We want it to be legal with the Texas Water Board the way that it is supposed to be,” Walker said. “The Texas Water Board should be the end all, be all for the Ector County Utility District. Until that happens, I won’t be satisfied.”
