Sponsored by Weinstein Law/Weinstein Real Estate
CLEANING DAY at the Henderson County Performing Arts Center is Wednesday, May 7, from 10 a.m. – 2 p.m.! Come at 10 a.m. and stay ’til we’re finished, or as long as you like. It’s great fun! We will be cleaning the costume area, dressing rooms, and spiffing up the kitchen as well as putting away props, washing stuff. You would be surprised how messy some of those actors can be 😉
Please give Paige a call if you are interested in this opportunity. (903) 675-3908
((UPDATED with explanation and quotes from AMWA attorney Martin Bennett and written statement from AMWA.))
Last week, the Athens Municipal Water Authority (AMWA) board voted to drop the $4 million demand from its lawsuit against the City of Athens. Tuesday evening, AMWA attorneys filed paperwork with the Henderson County District Court to drop its “$4 million dollars in damages for tort claims” against the city.
AMWA board member Ed Gatlin announced the move during a candidate forum at the Cain Center last Thursday, saying, “It was never about the $4 million.”
Pretty straightforward, you would think … but nothing seems to be simple these days between AMWA and the city.
Not long after the filing, city officials issued a response saying they are “disappointed to see that the notice only dismisses some of AMWA’s monetary claims. AMWA’s monetary claims for breach of contract remain …. The filing does not fulfill the intent of the public statements made by AMWA representatives that AMWA intends to drop its $4 million claim against the city for good. AMWA continues to sue the citizens of Athens for $4 million.”
We have to wade into some legal jargon to understand what the city is saying.
In a lawsuit, there can be “alternative theories of recovery.” That means when you sue for montary damages, you can claim you are owed those damages for more than one reason. Same amount of damages, just different reasons you believe you are owed the money.
In the AMWA v. Athens lawsuit, AMWA says it is owed $4 million based on multiple reasons. Breach of contract is one reason; fraud is another.
The document filed by AMWA attorneys Tuesday night (called a partial nonsuit) drops some, but not all, of the water authority’s reasons for seeking $4 million in damages.
Specifically left in place is the breach of contract claim, which says AMWA paid $4 million in bills that the city should have paid. Because the breach of contract claim remains, the city says it is still getting sued for $4 million.
Responding to an open records request filed by Henderson County Now, the City of Athens today released an email which city officials claim shows that the Athens Municipal Water Authority (AMWA) hoped to file a motion this week to stop the election.
AMWA General Manager Wylie Pirkle and AMWA attorney Martin Bennett told Henderson County Now that the water authority never planned to file the motion.
The email in question is from Bennett to city officials and is dated Saturday, April 26. That email is a simple request for documents from the city.
Included with the email, however, are emails from Friday, April 25, between Bennett and Sherry Brown, a paralegal with Messer Rockefeller & Fort, a law firm out of Frisco. Those emails discuss which records Bennett should request from the city, and also includes the following sentence:
“Andy would like to have these by the end of the day on Monday in order to file the emergency motion to stop the election on Tuesday.”
After Monday’s City Council meeting, Mayor Jerry Don Vaught issued a press release saying the email shows “AMWA is attempting to take this important decision out of the hands of the electorate.”
Pirkle said the wording of the email was unfortunate, but said the AMWA board never voted to file the motion to stop the election. He said the board just directed attorneys to do due diligence to collect the documents.
“Our decision was that we got (the issue) on the ballot and we want the voters to decide,” he said.
Bennett agreed with Pirkle and said attorneys were never directed to file the motion.
“We have been specifically directed not to file the motion,” he said.
Bennett said the AMWA board approved just one action following an executive session Thursday, and that was to drop the $4 million demand from the lawsuit.
For more background on this issue, click here.
By Jayson Larson/TVCC Public Information
Trinity Valley Community College sophomore Justus Whitcher punched his ticket to the College National Finals Rodeo with an impressive performance at the Wharton Junior College Rodeo this past weekend.
Whitcher needed a strong showing in the steer wrestling event at Wharton – the last regional rodeo of the season. That’s just what he did, splitting second and third with a time of 5.8 to put himself 12 points ahead of the fourth-place finisher in the Southern Region.
The top three finishers in each event at the end of the season qualify for the CNFR – which is considered the “Rose Bowl” of college rodeo. The 66th annual event is scheduled for June 15-21 in Casper, Wyo., where more than 400 competitors from 100 colleges and universities will participate.
“Justus made a smart run and did the best he possibly could with the steer he drew,” Bratton said. “In situations like he was in, it takes maturity to see the big picture instead of breaking speed records each run.”
TVCC nearly qualified a second competitor for the CNFR. Kasey Kirby, who had been in third place in barrel racing for much of the year, was not able to maintain her position and ended up fourth in the region.
“We are in store for a great experience having the chance to run for a national title,” TVCC Rodeo Coach Brent Bratton said. “This is such a great opportunity that has been provided by our school administrators, the college and the local community that give us the support needed to be involved in this great sport.”
The Athens City Council received the city’s annual audit Monday night, and Marlin Smith didn’t mince his words.
Smith of Smith Lambright & Associates said the city’s finances are “in very good shape.”
“(The city) has good reserves and good position. They are able to pay their bills. You can’t get any better than that,” he said.
The independent audit is required every year, but this year it happened to come on the first day of early voting in an election where the city’s finances have been strongly criticized.
Mayor Jerry Don Vaught didn’t miss the chance to get Smith on the record, asking the auditor a series of questions.
Below are Vaught’s questions paraphrased and Smith’s answers in quotes:
Are we in a good condition financially: “Yes. You have $3.8 million in unrestricted assets. ”
In your opinion is the financial staff managing the financial assets of the city appropriately: “You have one of the best financial staffs in the area. We audit 20-something school districts in the area and several cities, and other municipalities like fire districts and that kind of thing. You have one of the best.”
What is the cash position in the utility fund: “You started the year with about $2.5 million and you increased your cash by $341,000 leaving a balance of cash of $2.9 million.”
In the last 18 years since David (finance director David Hopkins) came on board with us, and you have been auditing us, have you always found the finances to be managed well: “Yes.”
Is this opinion the highest opinion auditors give in an opinion such as this: “Yes, it is an unmodified opinion, which means we didn’t have anything negative to say about it.”