A model of a proposed Austin Community College campus in San Marcos, as displayed in February at the San Marcos Public Library. File photo.
A group opposing the effort to annex San Marcos CISD into the Austin Community College (ACC) district has filed for an injunction in district court accusing San Marcos Mayor Susan Narvaiz and Councilmember Kim Porterfield of using city facilities to promote the measure.
In documents filed with the 274th District Court last Friday, Citizens Advocating Responsible Education (CARE SMCISD) are asking the court to prevent Narvaiz and Porterfield from using city resources to promote the ACC annexation.
Filing for CARE, San Marcos attorneys Andrew Gary and Billy McNabb said Section 255.003 of the Texas Election Code prohibits officers or employees of a political subdivision from using the resources of that subdivision to produce or distribute political advertising in connection with an election.
CARE said it seeks only injunctive relief against the respondents, Narvaiz and Porterfield, and does not seek any relief against the City of San Marcos.
Narvaiz and Porterfield could not be reached for comment.
CARE said Narvaiz and Porterfield supported the 2006 annexation effort and have continued supporting annexation in 2010.
CARE said that Narvaiz and Porterfield, in 2010, have used city email to communicate with ACC personnel. The filing said Narvaiz and Porterfield have used the San Marcos Public Library as a meeting room for the annexation effort, as a distribution point for the petition to put annexation on the November ballot, and as a location to distribute brochures and exhibit a model of the proposed ACC campus.
The filing further alleges that Narvaiz and Porterfield have used the San Marcos Activity Center to display and distribute brochures advocating annexation, used the lobby of City Hall to procure petition signatures, used city personnel (including the city manager, city attorney, assistant city attorney and clerical staff) to draft a city council resolution in support of annexation, used city council facilities to stage a presentation by ACC President Steven Kinslow and used the city hall conference room for planning meetings between ACC personnel and annexation advocates.
The annexation measure is one of several on the local ballots in the Nov. 2 election. If voters approve ACC annexation into San Marcos CISD, the community college plan to build a campus near San Marcos High School.
If San Marcos CISD is annexed into ACC, then property owners within the district would pay 9.46 cents per $100 of taxable value in property taxes. San Marcos CISD residents would receive tuition at the in-district rate of $42 per hour, instead of the out-of-district rate of $150 per hour.Email | Print