Corsicana Daily Sun, Corsicana, Texas

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April 19, 2008

Confusion over Mustang elections

May 1 court date to consider town council, ownership

The City of Mustang’s May 10 election is already controversial, even though there are only 14 registered voters, and six of those may have moved.

If it isn’t resolved, the town could end up with two governments, one in exile, the other on home turf, and both claiming legitimacy. There could also be some overlap, since two people on the outsider council are also running for the insider council.

The issues could be settled by a May 1 hearing in district court, which will also air a series of other conflicts over the town.

Mustang has been in dire straits since the death of founder, Bill McKie, in 2005. The bone in a legal dogfight between Tommy Sinclair and Marsha McKie, the town has lost its major sources of revenue, and much of its population.

Sinclair was awarded the physical property last summer, but not the deed, and he promptly evicted much of the town council, as well as the city secretary and fire chief. Prior to the evictions, one of the bars had been broken into and a beloved horse killed, crimes which he attributed to the residents of the town.

McKie appealed the judge’s decision giving Sinclair the town, and more recently asked that Sinclair be forced to pay the purchase price, a sum of about $380,000. Sinclair’s attorney, Marty Price, said his client shouldn’t have to pay if he can’t get the deed. Without the deed, Sinclair can’t obtain a liquor license and make a profit in the town’s two bars.

Normally, who is on the council in a town of fewer than 20 residents wouldn’t be much of an issue.

However, town councils, especially angry ones, can still throw some monkey wrenches, and this one has. Voting as a bloc, they’ve passed an ordinance which would inhibit sexually oriented businesses, and they tried to forgive any back taxes of McKies. They’ve demanded water bills from Sinclair for more than $6,000, and refused to call an election.

In February, the two council members who still live in the town, Danny Parker and Nancy Barton, called for a May city election independently of the rest of the council. Both are registered as candidates in the election, with Parker running unopposed for mayor; and Truman Armstrong, Jennifer Bancroft, Thomas Bancroft, Nancy Barton, Bobby Frazier, and Crystal Frazier listed as candidates for aldermen.

Since then, however, Barton has claimed she was pressured into calling the election at a time when she was recovering from surgery and trying to come to grips with the loss of her mother.

“Sinclair wanted to get me to sign a paper saying I was wanting to call an election, me and Danny Parker,” Barton said. “I signed it, but at the next meeting I said I didn’t want to sign it.”

Barton admits that she is getting pressure from both her landlord and her neighbors.

“Me and Danny both don’t know which way to go,” she said. “We’re kind of pulled apart. We don’t want Sinclair mad at us, and make us move, but we still want the park to be back like it was.”

The legality of the May 10 election may boil down to what the city’s records show. State law allows for the cancellation of uncontested elections to save money, and that’s usually been the case in Mustang, according to Jerrie Bounds, Mustang city secretary.

It’s unclear how many elections have been canceled, though. Mustang hasn’t had an election at least since 2005, when the Navarro County election office was created, according to Danda Parker, elections administrator. Parker also reported that the town has 14 registered voters, but six voters’ cards were returned, which often means those residents have moved.

The county clerk’s office only has records of two elections in Mustang — the town’s original incorporation in 1973, and two subsequent elections to allow alcohol sales, in 1973 and 1975.

Glenn Albritton, who left Mustang in 1999, was mayor there in the 1980s and ‘90s.

“I was elected, but most of the time there weren’t more than 10 or 12 people voting,” he said. “I served 12 years.”

He doesn’t remember many contested elections, either. One or two at most, he said. However, the council called for elections every year, Albritton said.

“They were held every year because the council members (terms) were kind of staggered,” he said. “Each (term) was two years, and the mayor was two years.”

Current Mayor Jackie Bounds said that’s possible. He also can’t remember many contested elections in Mustang. If any elections should be called, then it would be three aldermen, but not the mayor’s position, Bounds said.

If his position can be proven, Bounds would be able to retain power until May 2009, even though he hasn’t lived there since November 2007.

Price argues that an absentee government can’t properly serve the town, and so a full election needed to be called this year.

“You know why they’re opposing it, don’t you? Because they can’t run,” Price said.

The town has changed since the legal dispute began, Barton said.

“We were kind of struggling, but we never had any problems, and it’s a constant bicker all the time now,” she said. “I don’t want to make anybody mad, I just want to be at peace.”

Danny Parker, who is currently a councilman and who is listed as the only candidate for mayor in the May election, also has reservations about the election.

“I don’t want to make waves right now,” Danny Parker said. “I just want to get along until I can get something different.”

—————

Janet Jacobs may be reached via e-mail at jacobs@corsicanadailysun.com



Mustang timeline



Sept. 22, 1973 — Attorney Bill McKie, owner of 75 acres on Interstate 45, helps his tenants incorporate for the purpose of alcohol sales in Navarro County, a dry county. Vote is 35-0.

October 30, 1973 — The town approves beer sales.

March 25, 1975 — Mustang votes, 20-0, to sell hard liquor and mixed drinks.

2001 — Tommy Sinclair moves to Wortham to raise horses.

December 2004 — Sinclair leases the Mustang Club from Eric Carter.

June 1, 2005 — Bill McKie negotiates a deal to sell the entire town of Mustang to Sinclair for $600,000. The deal isn’t completed because of liens filed by Carter.

October 2005 — Sinclair sues for the right to buy the property.

November 11, 2005 — Bill McKie dies.

December 2005 — Marsha McKie attempts to have Sinclair evicted.

2006 — Following a TABC investigation of the clubs, Carter voluntarily surrenders his liquor licenses, leaving the two clubs and the town without a primary source of income.

November 2006 — Angus threatens to cut off Mustang’s water if the bill isn’t paid. McKie pays $3,400 on the town’s behalf.

April 23, 2007 — The case over ownership goes to court.

August 24, 2007 — District court finds for Sinclair, and he is given possession of Mustang. Due to rents, attorneys fees and interest, the purchase price is reduced to $378,000.

September 10, 2007 — One of Sinclair’s horses is killed in a barn near his home. The Mustang Club is damaged by vandalism and theft.

September 12, 2007 — Mustang’s mayor, city secretary, three city council members and the fire chief are given notice to leave the trailer park.

November 2007 — Evictions go to court, and the majority of the council leaves town. They refuse to resign their posts, however.

February 2008 — A May 10 election is called by the two council members still in residence. On the ballot are mayor and four aldermen positions.



Sources: Navarro County Commissioners Court records, Navarro County Clerk, Thomas Sinclair v Mustang Amusements Inc. and Marsha McKie (papers filed in lawsuit), Corsicana Daily Sun archives.

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