GROVES — As legal fees continue to climb in the legal case involving Cross Coburn and the city of Groves, the ousted former councilman is offering a compromise — he’ll drop his lawsuit against the city if Mayor Brad Bailey resigns.

The most recent bill at over $23,000 brings the total legal bill up to about $80,000 so far, according to information from Monday’s City Council meeting.

The city is being represented by Calvert Eaves Clarke & Stelly.

Coburn is challenging a petition to recall him from his seat saying irregularities have been found including evidence of forged signatures and perjury.

“As a matter of fact, the attorney general of the state of Texas is currently investigating the mayor’s wife for perjury for the petition,” Coburn said. “This challenge has been costly for the city but I cannot sit quietly by in the face of criminal activity in relation to the petition to recall me.”

He went on to say the money spent on the lawsuit could have been better spent on issues like roads and drainage.

He said it was apparent from the election results in November that voters “had no desire for Brad Bailey to be our mayor,” so he offered the compromise.

Bailey faced two opponents in November; he came away with 1,914 votes, challenger Suzanne Williamson brought in 1,813 and Kaelan Ramos had 251. Bailey and Williamson were due for a run-off election but she withdrew from the race about a week later.

Coburn during the same election faced a recall; organizers of the recall were identified as people close to the mayor.

“I will withdraw my legal challenge to the petition if Mayor Brad Bailey will resign as the mayor of Groves,” he said. “Mayor, I look forward to your response.”

Coburn’s attorney Jill Pierce said a complaint was sent to the Texas secretary of state, director of elections that was referred to the Texas Attorney General’s Office for investigation of Darla Bailey, Brad Bailey’s wife, for her participation in the recall effort.

The issue of the recall arose after the city and local news media received anonymous envelopes containing nude photos of Coburn that were taken from a gay dating site. The sender asked if this was proper behavior for a councilman. Coburn contends he was “catfished” or lured by a person who was using a fake identity.

Coburn and his attorney met with a representative of the city’s human resources office, the mayor and police in which it was deemed that nothing illegal had occurred.

The longtime mayor, Brad Bailey, said at that time Coburn’s actions were unbecoming of a public official, regardless of age. Not long afterward, Groves resident William Lane Howlett came forward with a petition to recall Coburn from his council seat.

Pierce analyzed the signatures and found irregularities and, she said, forged signatures. Several people came forward and made police reports saying their names were forged.

The issue of the legitimacy of the signatures and petition was brought to court and Judge Donald Floyd of the 172^nd District Court ruled in favor of the city in allowing the recall election to move forward.

Coburn lost the recall election — 2,071 votes or 64.54 percent of the ballots cast in favor of the recall while 1,138 votes or 35.46 percent of the ballots cast were against the recall.

The Port Arthur News texted Bailey for comment but had no response by 7:40 p.m.