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TARRANT COU"TY

2816\lEC 12 PH l2: 01 GERRIT KENNETH SPIEKER Contestant

v HON. BILL AGAN Mayor, City of Richland Hills Contestee

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IN THE

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DiSH~ICT' CUif\U( ~5>

OF TARRANT COUNTY, TEXAS

CONTESTANT'S ORIGINAL CONTEST OF ELECTION FOR THE MEASURE, SHALL THE FORT WORTH TRANSPORTATION AUTHORITY BE CONTINUED IN THE CITY OF RICHLAND HILLS

TO THE HONORABLE JUDGE OF SAID COURT

NOW COMES Gerrit Kenneth Spieker, Contestant, and files this Original Petition for Election Contest of the Measure," Shall the Fort Worth Transportation Authority be continued in the City of Richland Hills" against The Honorable Bill Agan, Mayor of the City of Richland Hills, Tarrant County, Texas as presiding official at the canvas of the Election held on November 8, 2016. In support of his contest Mr. Spieker will respectfully show as follows:

DISCOVERY 1) Contestant intends that discovery be conducted under level three, a customary plan for election

contest devised with approval of the court.

II

SUMMARY

2) This contest is based on the mistake of an administrative election official, Frank Phillips, Tarrant County Elections Administrator, in accepting an Election Order from the Home Rule City of Richland Hills enacted on August 18,2016 as Ordinance 1317-16. The Ordinance placed a measure on the ballot regarding continuation of the Richland Hills Unit of Election in the Fort Worth Transportation Authority. Contestant will show that Ordinance 1317-16 contains provisions inconsistent with the general laws of this state rendering the Home Rule City Ordinance invalid under Article 11, section 5 of the Texas Constitution. Spieker Original Election Contest

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3) Invalidating Ordinance 1317-16, The Election Order will nullify the ordered Special Election and Canvas. 4) The Fort Worth Transportation Authority, relied on the Canvas of the contested Election to end transportation and complimentary transportation services in the Richland Hills Unit of Election. Nullifying the contested Election and Canvas continues the Richland Hills Unit of Election in the Fort Worth Transportation Authority.

Ill

PARTIES

5) Contestant: Gerrit K. Spieker, TXDL xxxxx794, SSAN xxx-xx x845 is a resident in and qualified voter residing in the City of Richland Hills and the Richland Hills Unit of Election 6) Constestee: Honorable Bill Agan, Mayor of the City of Richland Hills, TXDL unknown, SSAN unknown, is a resident in and qualified voter residing in the City of Richland Hills and the Richland Hills Unit of Election. Mayor Agan was the presiding official who conducted the official canvass and certification of the results of the November 8, 2016 Election on the measure to withdraw from the Fort Worth Transportation Authority.

Other Parties Cited in this Petition 7)

Mr. Frank Phillips, Tarrant County Elections Administrator

8)

Mr. Scott Mahaffey, Chairman, Fort Worth Transportation Authority

IV

JURISDICTION AND VENUE

9) Jurisdiction and venue is proper and mandatory in Tarrant County in this case because the Election on the Measure was held in the voting precincts in boundaries of the City of Richland Hills, Tarrant County, Texas. V

FACTS

10) The contested Election was held on November 8, 2016. 11) The purpose of the Election was to present to the voters in the Richland Hills Unit of Election the measure "Shall the Fort Worth Transportation Authority be continued in the City of Richland Hills?" 12) The return day, was November 22, 2016, the date of the official canvas.

Spieker Original Election Contest

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13) Contestant Spieker is a user of the Public Transportation furnished by the Fort Worth Transportation Authority. Mr. Spieker is not an attorney and submits this contest on behalf of himself and the residents of the Richland Hills Unit of Election, unlawfully deprived of our Public Transportation, including Mobility Impaired Transportation Service, Route 41 Bus service and Complimentary Transportation Services as further set forth in the in the current and latest Service Plan, the FY94-FY98 Five Year Plan issued by the Fort Worth Transportation Authority pursuant to the Texas Transportation Code, Chapter 452. 14) The 74th Legislature of this state enacted the Transportation Code, a general law, effective September 1, 1995. Subchapter Q, WITHDRAWAL OF TERRITORY FROM AUTHORITY; DISSOLUTION is unchanged from that date. 15) The Fort Worth Transportation Authority's FY94-FY98 Five Year Plan is the latest and current Service Plan required by Transportation Code, Section 452.001 et seq. 16) The City of Richland Hills adopted a Home Rule Charter on August 11, 1986. 17) The City Council of the City of Richland Hills on March 17, 2015 enacted Ordinance 1289-15, compliant in all respects with Transportation Code Chapter 452, Subchapter Q, ordering an election on a measure ,,Shall the Fort Worth Transportation Authority be continued in the City of Richland Hills?", to be held on May 7, 2016 in the Richland Hills Unit of Election. 18) Mayor Bill Agan presiding, the City Council of the City of Richland Hills conducted an official canvass and certification of the results of the May 7th Election on May 17,2016. The majority of the votes cast favored the measure to continue the Richland Hills Unit of Election in the Fort Worth Transportation Authority. 19) In August 2016, city staff received a citizen's petition proposing an Ordinance to call a withdrawal election under the City Charter's Initiative provision to be held on November 8, 2016. The petition pages did not carry the specific heading required by Transportation Code Sec. 452.652 (b) PETITION FOR WITHDRAWAL ELECTION. 20) On August 18, 2016, the City Council of the City of Richland Hills considered the petition and enacted Ordinance 1317-16 ordering an election on the measure ,Shall the Fort Worth Transportation Authority be continued in the City of Richland Hills?", to be held on November 8, 2016. 21) The Richland Hills Unit of Election was confirmed by election in the Fort Worth Transportation Authority on -May 2, 1992, establishing May 2nd as the anniversary of the date of the election confirming the authority in the Richland Hills Unit of Election. 22) Transportation Code Sec. 452.651 (c) provides ,An election to withdraw may not be ordered, and a petition for an election to withdraw may not be accepted for filing, more frequently than once during each period of 12 months preceding the anniversary of the date of the election confirming the authority."

Spieker Original Election Contest

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23) The ordered Elections on May 7, 2016 and November 8, 2016 both occurred in the 12-month period preceding the anniversary of the date of the election confirming the authority, May 2, 2017. The order setting the Nov 8, 2016 Election was inconsistent with Transportation Code Sec. 452.651 (c) and therefore a prohibited enactment under Article 11, Section 5 ofthe TEXAS CONSTITUTION. 24) The Tarrant County Elections Administration proceeded to conduct the Election on the Measure to Withdraw on November 8, 2016, six months after the May 7, 206 Election on the same Measure to Withdraw. 25) On Tuesday November 22, 2016, Mayor Bill Agan presiding, the City Council of the City of Richland Hills conducted an official canvass and certification of the results of the November 8, 2016 Election on the measure to withdraw from the Fort Worth Transportation Authority. The majority of the votes cast did not favor the measure to continue the Richland Hills Unit of Election in the Fort Worth Transportation Authority. 26) Transportation Code Sec. 452.655 ELECTION provides, "(a) Except as provided by Subsection (b), an election to withdraw from an authority ordered under this subchapter must be held on the first applicable uniform election date occurring after the expiration of 12 calendar months after the date on which the governing body orders the election." Subsection (b) does not apply here. 27) The Election for Measure on November 8, 2016 was held before the expiration of the 12 calendar months after the date on which the governing body ordered the Election, August 8, 2016, which is inconsistent with Transportation Code Sec. 452.655 (a); invalidating Ordinance 1317-16 under Article 11, Section 5 of the TEXAS CONSTITUTION. 28) In consequence of the contested Election and Canvas thereof, the Fort Worth Transportation Authority, relying on the Canvas terminated all services in the Richland Hills Unit of Election at the end of the day on November 23, 2016.

VI

PETITION TIMELY FILED

29) This Election Contest is brought in accordance with the provisions of TEX. ELEC. CODE §233 CONTEST OF A MEASURE, which requires the Original Petition to be filed with the District Court not later than the 30th day after the date the official result of the contested election is determined. 30) The official results of the contested election were determined on November 22, 2016. The deadline for submission of a petition in contest of the said Election or Measure is December 22, 2016. This original petition was filed on or before that date and is timely filed.

Spieker Original Election Contest

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. '

VII

CONDITIONS PRECEDENT

31) All conditions precedents to Spieker's relief requested herein have been performed or have occurred.

PRAYER The Texas Constitution, Article 11, Section 5 prohibits a Home Rule city from enacting provisions inconsistent with a general law of his state. Therefore, based on the facts presented Contestant requests that Ordinance 1317-16 be found inconsistent with the general laws of this State, unconstitutional and void. Because the Tarrant County Elections Administrator made a mistake by accepting an Election Order, Ordinance 1317-16 from the City of Richland Hills; shown by the facts cited in Spieker's petition, to contain one or more provisions inconsistent with the Texas Transportation Code, a general law of this State. Contestant requests the Court void the November 8, 2016 Election and the November 22, 2016 Canvas on the measure to withdraw, as fruits of voided Ordinance 131716. Contestant contends and asks the Court to confirm that the Richland Hills Unit of Election continues in the Fort Worth Transportation Authority as confirmed by the results ofthe May 7, 2016 Election. Contestant pleads the Court to remedy the consequences of the inconsistent Ordinance and vacated Election and Canvas and order the Fort Worth Transportation Authority to resume all suspended transportation services, including complimentary services listed in the current and latest Service Plan, the FY94-FY98 Five Year Plan and that the Court grant all other relief in law and equity that may be found necessary. Respectfully submitted, Gerrit K. Spieker

svAJrK~ Gerrit K. Spieker 3401 Jonette Drive Richland Hills, Texas 76118 817 239 9791- Cell Phone

Spieker Original Election Contest

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. Parties to be Served

Contestant Gerrit K. Spieker 3401 Jonette Drive Richland Hills, Teas 76118 Phone:8172399791 [email protected] Contestee Honorable Mayor Bill Agan 6900 KATHERINE CT RICHLAND HILLS TX 76118-5726 (817) 616-3812 [email protected].

Other Named Parties Frank Phillips, Elections Administrator Tarrant County Elections Administration 2700 Premier St. Fort Worth, TX 76111. Phone: 817-831-8683 Scott Mahaffey, Chairman Fort Worth Transportation Authority 801 Cherry Street Suite 850 Fort Worth, TX 76102 Phone:817-215-8712

Spieker Original Election Contest

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