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Updated: 11:06 p.m. Tuesday, Oct. 30, 2012 | Posted: 5:40 p.m. Tuesday, Oct. 30, 2012
VINTON, Texas —
Vinton residents have asked a district court judge to remove three council members from office who they said are stopping the village from having the most basic of services – water and sewer, among other things.
Tuesday, residents filed a petition for removal to the 346th District Court calling for the removal of Juvencia Rios Ontiveros, Martha Garcia and Maria Media.
KFOX14 was the only media outlet to obtain a copy of the lawsuit, Tuesday.
A petition for removal to a district court, is the only way a type A municipality like Vinton can remove elected officials.
The petition states three council members have demonstrated incompetency, including gross ignorance of official duties and gross carelessness of those duties, and official misconduct.
Among the claims are the three members failure to pass a budget for the 2012-2013 fiscal year and declare a tax rate, failure to file reports mandated by the Texas Ethics Commission, violations of the Open Meetings and Public Information acts and breach of fiduciary duty. The nearly 50 page document also cites the failure to award approved contracts and Misrepresentation and Misleading Statements as grounds for the lawsuit.
Lawyers told KFOX14 there are not many cases of a petition for removal successfully happening in Texas.
However, the document contains substantial evidence to support each claim in the suit. That evidence includes videos from council meetings.
It's up to the judge to decide what's next.
A judge has five days to review the document and then can decide to remove or suspend the council members until the case is settled.
KFOX14 has learned all three members were served with the lawsuit, Tuesday.
The three did not attend Tuesday night's council meeting.
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