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Monday, May 20, 2013 | 11:36 a.m.

Posted: 9:05 p.m. Monday, Feb. 4, 2013

El Paso County threatens lawsuit to stop Socorro annexation plan

By Geoff Tyler

El Paso County Commission, Vince Perez, Jo Anne Bernal, David Garcia, Maria Reyes

SOCORRO, Texas —

El Paso County commissioners have threatened to file a lawsuit against the city of Socorro.

A letter released Monday night from the El Paso County Attorney's Office orders the Socorro City Council to stop the process of annexing land in the county. The letter states the county will file litigation to stop the annexation "unless legal issues concerning the terms of office of the council are resolved." 

County Commissioners made the decision to issue the letter just two days after two Socorro City Council members, Jesse Gandara Jr. and Guillermo Willy Madrid Junior, resigned. This all stems from the annexation Socorro is seeking.

"It is not unreasonable to ask the city of Socorro to put the breaks on the annexation," said El Paso County Attorney Jo Anne Bernal.

El Paso County Commissioners are laying down the law by filing a lawsuit against the city of Socorro to stop them from annexing seven parcels of county land into the city.

"I intend to file Quo Warranto, which is the legal proceeding to stop the annexation," Bernal said.

The Socorro City Council's decision to extend their terms without a public vote is at the heart of the matter. The city said it wanted to extend their terms, so its election falls in the same month as general elections. 

"The Texas Attorney General ascertained that the city of Socorro when they extended their terms violated the law," said County Commissioner Vince Perez.

On Saturday, two council members resigned.

"They resigned, but they are trying to hold office through May," Perez said.

Socorro City Council member Maria Reyes does not think the lawsuit will be enough to stop her fellow council members from approving the annexation.

"It's hard for me, but I don't think they are going to accept any sort of agreement," Reyes said.

The cost is starting to add up.

"It's a sad day for the city of Socorro that we have come to this point. We have 14 attorneys," Reyes said.

Bernal said a statute allows you to ask for fines and attorneys’ fees for litigation. If the county files a lawsuit, it opens Socorro to further litigation.

"As long as the main suit is filed by the county attorney and district attorney, general private parties can attempt to intervene in the lawsuit," Bernal said.

Socorro officials said that as soon as they get notice, they will respond appropriately.

Councilwoman Gloria Rodriguez said she is not going to resign,  saying she was set to end her term in May.

"She is hoping they will extend it to November so they can have an election on her seat during November elections," said David Garcia, spokesperson for the city of Socorro.

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