AMWA v ATHENS .. The Process Continues

((For background on this issue and a list of links to previous stories, click here.))

The next steps in the Athens Municipal Water Authority (AMWA) v City of Athens dispute took place Tuesday night during a City Council meeting, and although HCN was unable to attend, I did catch up with Athens Mayor Jerry Don Vaught this morning.

The meeting was essentially for the council to respond to AMWA’s petition, which was presented to the city earlier this month. According to state law, the City had two available options for responding to the petition.

1. The council could have repealed the ordinance to dissolve the AMWA.

2. The council could place the question of the AMWA’s existence in front of the voters.

The Athens City Council went with the second option, voting to place the issue on the ballot in the May general election.

Vaught said no one on the council was for repealing the ordinance — in fact the idea never even received a motion — because council members still believe dissolving the AMWA is the right move.

After Time in Court and Council, Still Questions in AMWA-Athens dispute

(BACKGROUND: In December, the AMWA filed a lawsuit against the city alleging the City is in breach of contract, breach of fiduciary duty, is negligent and has committed fraud. The City answered back later in the month by beginning the process of dissolving the AMWA. The issue boils down to who should pay for the operation and maintenance of Lake Athens, the dam, and the water treatment and transportation facilities. Click here to read more.)

By Michael V. Hannigan
Henderson County Now

There was a lot of action today in the dispute between the Athens Municipal Water Authority (AMWA) and the City of Athens.

Visiting Judge Joe Clayton presided over the first hearing on the case in 173rd District Court today and issued his first ruling, which was in favor of the AMWA. Later, the City of Athens held its regular City Council meeting during which council members unanimously voted to dissolve the AMWA.

There was also an appeal filed and a petition filed. And accusations batted back and forth like a ping pong ball.

Here is the important thing to know. Nothing definitive happened today.

Yes, the AMWA won the first point in the courtroom, but the City was still able to sidestep the restraining order the water authority requested and now there’s an appeal before the 12th Court of Appeals in Tyler.

And yes, the City did vote to dissolve the AMWA. But the water authority says it has enough signatures on a petition to push the issue before the voters.

So on the questions of whether the AMWA will continue to exist and whether the lawsuit it filed has any merit, we don’t know yet.

What we do know is that the action has forked into two separate paths at this point: the judicial (court) and the governmental (council). Continue reading “After Time in Court and Council, Still Questions in AMWA-Athens dispute”

Ladies Night Classes at Guitars Etc.

It’s Ladies Night at Guitars Etc!

FUN. MUSIC. WINE.
Need we say more?

Ladies, ever wanted to start taking Austin Guitar Lessons? Awaken the musician inside you and enjoy six weeks of unforgettable fun, friends, and music. We provide the guitars, talented instructor, and the music; you bring the wine and snacks. You may want to rent or purchase a guitar for outside practice. Either way Guitars Etc is glad to help you along your musical journey.

Join with a friend and get a discount.

Guitars Etc’s “Women’s Night Out Guitar Class” focuses on a full music experience, encouraging women to take their inherent love of music and carry on with playing, writing, performing, and generally just having a great time!

“Mom’s and wives are busy so this is a chance for them to kick back for an hour a week, have a little fun and learn guitar, something many of them wish they would have done years ago. This is a chance to make a dream come true for women,” said Will Burgin, owner of Guitars Etc. Women will learn chording, rhythm, technique and fun easy to learn songs that they can begin playing within just a few weeks.

The regular class starts on Thursday, Jan. 23 from 7-8 p.m. and goes for six continues weeks on Thursday nights.

The regular class seating is limited to six, so if you already know you want to sign up then sign up for the regular class here.

Legal battle continues between AMWA, City of Athens

((UPDATE — HEARING ON RESTRAINING ORDER SET — A hearing on the AMWA’s request for a temporary restraining order has been scheduled for 1:30 P.M. Monday, Jan. 13, in the 173rd District Court with Visiting Judge Joe Clayton presiding.))

By Michael V. Hannigan
Henderson County Now

The legal maneuvering continues in the Athens Municipal Water Authority’s (AMWA) lawsuit against the City of Athens. The most recent moves have seen the judge step aside and the AMWA request a restraining order against the city.

In early December, the AMWA filed a lawsuit against the city alleging the City is in breach of contract, breach of fiduciary duty, is negligent and has committed fraud. The issue boils down to who should pay for the operation and maintenance of Lake Athens, the dam, and the water treatment and transportation facilities.

The City answered back later in the month by beginning the process of dissolving the AMWA. The final step in that process — the second reading of the ordinance — is scheduled for the Monday, Jan. 13, City Council meeting.

Last week, AMWA asked the court for a Temporary Restraining Order (TRO) against the City’s actions.

In the motion for the TRO, AMWA attorney Martin Bennett writes, “The City has been caught ‘red-handed’ in illegally or improperly charging expenses … The City now attempts to abolish AMWA to avoid the consequences …”

The TRO remained unsigned as of today: Thursday, Jan. 7. Judge Dan Moore recused himself last week, also at the request of the AMWA, because he used to be the Athens city attorney. The case now awaits the appointment of a visiting judge.

In a press release, Athens Mayor Jerry Don Vaught expressed his regret that AMWA was using the courts to take the matter away from the citizens of Athens: “AMWA’s most recent decision to try to use the courts to block the citizens of Athens from deciding in accordance with Texas law is yet another example of AMWA attempting to put its own interests ahead of the larger public interest. It’s very disappointing to see a public entity behave that way. The members of the Athens City Council will continue to seek ways to streamline government and hold down costs, including water rates, for Athenians.”

For now, the clock ticks toward next Monday and the question of which comes first: The City Council meeting or a signed restraining order.

TVEC Charitable Foundation grant to APEF

APEF 002

The TVEC Charitable Foundation has awarded a grant in the amount of $3,000 to the Athens Public Education Foundation (APEF). The grant was awarded Friday, Jan. 3.

Pictured are, from left, Sarah Grey and Colin Barrett of APEF; Kari Wilmeth, TVEC; and John Trent, APEF.

The Athens Public Education Foundation is a non-profit corporation that supports educational opportunities for students in the Athens Independent School District. The goal is to involve the community in building a strong public school system that delivers quality education to the leaders and workers of tomorrow.

The TVEC Charitable Foundation is funded by donations from Operation Round Up. Operation Round Up is a voluntary program that allows TVEC members to round up their monthly electric bills to the next whole dollar amount. The portion that is rounded up goes to the TVEC Charitable Foundation and may be used to award grant requests to local charitable organizations.