((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.
I would like to know if the property located on 4706 cr. That is being used for water waste disposal every September had been approved by the EPA. therr are no signs posted. I payed for a report from the city however there was no EPA approval noted.
I live across the street and I have concerns for health issues. The smell Is Very bad.
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