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Minutes TC 09/17/1985 - Emergency SessionMINUTES OF EMERGENCY MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club met in Emergency Session on September 17, 1985 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 was: Aldo Martignago Also present were: John Jacobs Loren Alexander Peter Reuss Dale White Donna Welsh Mayor Mayor Pro Tem Council Member Council Member Council Member City Treasurer Chairman, P & Z Chairman, Power Poles Mayor of Westlake City Secretary constituting a quorum, the meeting was called to order. Mayor Carter stated that this meeting was to follow up on the Emergency Meeting of September 12 concerning the hearing in Austin over the Power Poles. At the Emergency Meeting of September 12, the Council authorized the hiring of a new Law firm to handle the Power Pole proceedings, but with an amendment to first talk to Mr. Boyle and tell him of their intentions. Mayor Carter called Mr. Boyle and conveyed the Council's feelings on how the hearing was handled, and their intent to look for other Council to handle the case. Mayor Carter stated that Mr. Boyle was very surprised, shocked and apologetic. Mr. Boyle wanted to meet as soon as possible to talk over, the situation. Mayor Carter also contacted a firm in Austin familiar with these types of proceedings. Mayor Carter explained the problems the City had in Austin and asked them to give an estimate of what their charges might be to take this case after they have had time to review the transcript. The firm called back and stated that the transcript would cost $800.00. Mayor Carter told them the City could provide a copy of the transcript. The firm could not give an estimate, only their billing rate. The head attorney would be $180.00, the associate attorney would be $110.00 per hour. Mayor Carter also reported on the problem with Valuation Research. Mayor Carter and Peter Reuss met with Kevin Rogers concerning the poor representation and other problems in Austin. Mayor Carter stated that Mr. Rogers was disturbed over the report. Mayor Carter pointed out to him that the City did not get the quality representation that Mr. Rogers promised in his proposal to the Council. Mayor Carter met with Peter Reuss, Ken Dipple and Mr. Boyle on Monday September 16, 1985. Mr. Boyle assured the Mayor that he would personally, with some help, write the briefs. Mayor Carter stated that although the initial reaction was to change firms, he would like the Council to review the upcoming events on the power poles before making a decision. Mayor Carter outlined the events: 1. September 23- The Council will address the 2401 issue with Texas Power and Light. If the Council approves the request from the power company to leave the poles but upgrade the service, that will be the end of that issue. If the Council denies the request there is a sequence of events that will probably occur. 2. September 25- If the Council denies the request, Texas Power and Light could take the City to court immediately. Mayor Carter recommended that the Council say no to Texas Power and Light on the 2401 issue and stick by the City Ordinance. Mr. Reuss agreed, and added the following comments: The Public Utility Commission could grant T.P. & L. the right to go ahead with the overhead, they effectively challenge the City Ordinance if this occurs. At that point the City will have to defend the Ordinance of let it drop by the wayside. Mayor Carter asked the Council what direction they wanted to take with Mr. Boyle's firm. He pointed out that there might be some problems dealing with an out of town firm. Mr. Boyle stated at the meeting that it was very important that the proper information be incorporated in the briefs. Loren Alexander stated that a good technician can influence the record by getting the right information in the briefs. He felt that if Mr. Boyle could do that the Council should stay with him because as long as the case has come this far, the City needs to get to the PUC with a good record. Mayor Carter stated that Mr. Boyle's firm was very embarrased because the City felt they made such a poor showing in Austin. Mayor Carter stated that he felt Mr. Boyle and his firm would do everything possible to work hard on the case and satisfy the City that they are doing their best. Council discussion ensued on the advantages and disadvantages of staying with Mr. BoyIe's firm on the Power Poles issue~ They also discussed hiring the outside firm and the time frame and expense that would involve. Mayor Pro Tem Vance made a motion to proceed with Mr. Boyle's firm but make very certain he understands the concerns of the Council with his firm's prior performance. The Council would like to see a real effort put forth by his firm and Mr. Boyle's personal involvement in the writing of the brief. The Council would like to review the brief when completed. Council Member Neidenberger seconded the motion. Council Members Vance, Neidenberger and Dayton voted for the motion, Council Member Doran abstain. At this point in the meeting the Council adjourned into Executive Session at 8:30. The Council came back into Open Session at 8:35. Mayor Pro Tem Vance made a motion to adjourn, Council Member Dayton seconded, motion carried unanimously. RY �PMAYOFR