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
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