Minutes TC 09/12/1985 - Emergency SessionMINUTES OF EMERGENCY MEETING
TOWN OF TROPHY CLUB
TROPHY CLUB, TEXAS
THE STATE OF TEXAS
COUNTY OF DEWTON
The Town council of the Town of Trophy Club met in Emergency
Session on September 12, 1985. The Meeting was held at the
Municipal Utility District Building, within the boundaries of
the Town. The following officers and members were present:
Jim Carter
Terry Vance
Bettye Dayton
George Doran
Ted Neidenberger
Absent: Aldo Martignago
Also present:
David Nolte
John Jacobs
Loren Alexander
Sherry Johnson
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Marshal
City Treasurer
Chairman, P & Z
Recording Secretary
Mayor Carter called the meeting to order.
Mayor Carter began by thanking the Council for their support
in connection with the power pole issue. He stated that he
felt the Council was very dedicated in the effort to keep the
power poles from detracting from the City.
Mayor Carter pointed out that the Council has had certain
reservations concerning the City Attorney from the beginning.
During the hearing in Austin over the power poles, these
concerns were reinforced. Mr. Boyle did not attend the
hearing but sent Mr. Pete Eckert instead. Mr. Eckert was ill
prepared and gave poor representation in the City's defense.
Mayor Carter stated that the Council and other represen-
tatives attending the hearing, were not aware that Mr. Boyle
would not be representing the City. Mayor Carter told the
Council that on several occasions during the hearing he, Mr.
Reuss, Chairman of the Power Pole Committee, and others had
to instruct Mr. Eckert on items to be pointed out or
questions that should be asked.
Mayor Carter stated that the Council could relay their
feelings on how badly the City was represented by his firm,
or let the case continue with Mr. Eckert "bumbling through
it".
Council Member Neidenberger stated that he felt the Council
should approach Mr. Boyle with their concerns. Council Member
Neidenberger stated that he would like to hear Mr. Boyle's
response to the situation before making a decision.
Loren Alexander, Chairman of the Planning and Zoning
Commission, stated that the issue is not how incompetent Mr.
Eckert is and how the Council can address his incompentence,
the issue is that the situation has put the City in the
position that they can't adequately defend the issues the
City needs to defend. He stated that the issue now is "to not
loose the war because one soldier did not match up to what he
should have been".
During the hearing, Mr. Alexander pointed out several points
to Mr. Eckert that needed to be incorporated in the record.
When Mr. Eckert had the chance during the hearing to get
these points in, he failed to bring any of them up.
Mr. Reuss pointed out that the representative from Valuation
Research stated on the stand that he had only done one other
appraisal in the State of Texas and had never done any
appraisals on power poles. The firm had promised the Council
they would provide someone from their firm with experience in
this area.
Mayor Carter stated that Mr. Rogers, Manager of Valuation
Research, did not deliver what he proposed to the Council. He
stated that this matter could be dealt with later. The main
concern now is what approach to take to get the briefs filed
concerning the power pole case.
After much discussion, Mayor Pro Tem Vance made a motion to
change Attorney firms concerning the Power Pole issue, seek
other Council familiar with these type cases, question the
firm on their fees for the briefs and final arguments on the
issue, and also the fees that would be involved in the 2401
issue and get an estimate from the new firm as to their
reading of the law concerning city's rights on regulating
utilities in order to make an estimate of the probability of
success. Council Member Doran seconded the motion.
Council Member Neidenberger offered an amendment to talk with
Mr. Boyle and tell him the Council is considering retaining
another firm to handle the case because of the bad
representation the City received from his firm in Austin.
Mayor Carter asked if the Council was in favor of the
amendment. The amendment was passed unanimously.
The Council then considered Mayor Pro Tem Vance's motion to
change firms to handle the case. Council Member Doran had
seconded the motion, motion carried unanimously.
Council Member Neidenberger stated that if the Council does
not vote to have the power lines put underground, concerning
the 2401 issue, he felt that the Council would be
inconsistant with not only the Ordinance but with the
Community. He stated that the Council took pains drafting the
Ordinance concerning the undergrounding of utilities in the
City and felt that is would be very inconsistant if the
Council does not follow through.
At this point in the meeting the Council went into Executive
OPEN SESSION
Mayor Pro Tem Vance made a motion to adjourn, Council Member
Neidenberger seconded, motion carried unanimously.
9 MAYOR
LY
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Sherry Johnson