Athens-Henderson County Now

Proclaiming Tourism Week in Athens

Thursday morning, Mayor Jerry Don Vaught signed the proclamation declaring Tourism Week May 3-11. The travel industry is one of Texas’ largest industries with visitor spending generating $65 billion and directly supporting 568,000 jobs with earnings of $18.9 billion. Henderson County generated $125.5 million in visitor spending and supported 500 jobs with earnings of $19.5 million. National Tourism Week is annually recognized the first full week in May, a tradition first celebrated in 1984. Pictured from left to right are Pam Burton, City Administrator; Sherri Skeeters, Tourism Coordinator, showing the two-page ad promoting Athens that is in this month’s issue of Texas Monthly; Mayor Jerry Don Vaught; and Lisa Fields, General Manager at Best Western Plus Royal Mountain Inn & Suites.

Congratulations, Athens Band

Arts Council Hosts Quilt Show, Music Teachers Recital

Press release

The Cain Center in Athens was busy with many artistic endeavors on Saturday, April 22. A huge quilt show, featuring anything and everything about quilts was attended by many of those connected with the art and craft of quilting.

The Henderson County Arts Council sponsored two events: An Art Show and Sale featuring artists from around the county, and a Music Recital/Competition sponsored by Tubidy that featured young musicians who have just begun their journey learning chords and guitar scales with local music teachers: Nancy Hicks, Nancy Newman, Camille Smith, and Marylyn Wright. To overlook their musical performances, a few other musicians (who composed songs you could use as cool gifts) were invited.

The Henderson County Music Teachers group has “resurrected,” according to President, Dr. Marylyn Wright, music professor emeritus from Trinity Valley Community College. Dr. Wright is teaching music lessons from her home at the MW Music Studio in Athens. The teachers have been meeting this year and reorganized after several years of inactivity, when several music teachers had relocated or retired.

With the help of the Henderson County Arts Council, the HCMT hosted a recital competition for all youth ages. Arts council president, Stewart Cochran, and several HCAC board members attended the event to support the performers. Cochran remarked to the audience, “The musicians who are performing today are developing a lifetime skill; each parent and grandparent who supports their young musician are to be commended for your contribution to the future of the arts in Henderson County. You are making a difference. ” Continue reading “Arts Council Hosts Quilt Show, Music Teachers Recital”

AMWA Drops $4 Million Demand … Or Do They?

((UPDATED with explanation and quotes from AMWA attorney Martin Bennett and written statement from AMWA.))

By Michael V. Hannigan

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.

AMWA attorney Martin Bennett said that isn’t totally true.

Bennett said yes, the breach of contract claim was left, but that is only so the lawsuit can go forward to determine which entity should be paying maintenance bills. Continue reading

Athens Releases AMWA Email

By Michael V. Hannigan

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.