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03-Brownstone Request for ReimbAGENDA INFORMATION SHEET SUBJECT: Consider claim for reimbursement for street sizing presented by attorney, Wes Tidwell on behalf of Brownstone Development, Hills Subdivision; personal appearance of February 12, 2001. BACKGROUND: At its February 12, 2001, City Council meeting, the Council received a personal appearance by attorney Wes Tidwell on behalf of Mr. Wayne Brown and Brownstone Development, developers of the Hills Subdivision. Mr. Tidwell presented his clients' claim for reimbursement on the sizing of the entry street into the Hills Subdivision. In addition, Mr. Tidwell presented certain background materials to the City Council at that time. The amount of the claim is $33,351.00. Subsequent to the presentation, City Council directed staff to bring this matter back for possible action at a future City Council meeting. Since that time, subsequent correspondence has been received by the City from Mr. Tidwell on his client's behalf. That information is likewise included with this agenda information sheet. The City Council also inquired as to whether or not information relating to other reimbursements by the City to Brownstone was also available. The City has searched its files and has determined reimbursements were made to Brownstone for expanding the water lines to serve this development in order to also serve other future developments (see attached purchase requisitions and other related information). However, the Council should be aware the standard for reimbursement for water lines is completely unrelated to the standard for reimbursement based on the sizing of streets. Council members also inquired as to whether or not former City Engineer Earl Smith could be available during the Council Meeting. City staff contacted Mr. Smith, and asked if he could participate, but was advised that his schedule would not accommodate such participation. DESCRIPTION: City Council should consider further arguments and information related to the claim. RECOMMENDED ACTION: Consider the claim presented by the requestor. STAFF CONTACT: Larry W. Schenk, City Attorney; Engineering Department COST: Cost to the City would be $33,351.00. COUNCIL DATE: Consider for action at City Council's March 26, 2001, special Council meeting. ADDITIONAL MATERIALS: See enclosed correspondence from Mr. Tidwell received by the City since the February 12, 2001, Council meeting, as well as correspondence from the City to Mr. Tidwell. MOORE LAW FIRM, L.L.P. ATTORNEYS AT LAW I0~ NOR. TH MAIN STRF~-T PARIS. T£XA~ 75460-4222 Februav/20, 2001 Larry W. Schenk - City Attorm y City of Paris P.O. Box 9037 Paris, Texas 75460 RE: Th~ Hills Devel~pment, FM 195 Via lrecsimile 903/78S-$S19 You will recall that my .')revious Agenda Request resulted in me being allowed only to make a personal appearance. I am grateful that I got to at I~ast appear. However, I along with my clients were deeply disappointed that I was not listcd as an action item. As I understand it, I was not listed as an action item since I had thr~algned litigation. To the contrary, we were trying to avoid litigation by appearing at thg Council meeting. As I sit here today, w~ arc still desirous of avoiding litigation. With attorney's fcgs and thc cost of litigating in federal court, out clients will both lose no matter who wi~. Either way, thc rcason I am writing today is to advise that wc again wish to be placed on thc Agenda but aa an action ite~n this time. Ifit is necessary that I fib out another Agenda Request Form, please let mc k~ ow. Otherwise, I will assume this leuer complies with any procedures thc City might haYer IL Wesley Tidwell cc: client client fiJc THE MOORE LAW FIRM, L.L.P. ATTORNEYS AT LAW I00 NO~TH M/~N f~l$. TEXAS March 6, 2001 Larry W. Schenk - City Attormy City of Paris P.O. Box 9037 Pnris, Tcrata 75460 RE: The Hills D~vek,pment, FM 195 Yin Facsimile 903/'/8S-8S19 My last eorrespoud~nce to you was dated February 20, 2001. This letter asked that we be placed on the upcoming Ageuda az an action item. Furthermore, I asked for notice fi.om you should a second Agenda Reque~a Form be necessary. I have not heard from you az of this writing. I will therefore presurr~e that no other Requests are necessary and that thc City will noti~ me ofthe date and time for the me,tin8. In the meantime, I woul.:J appreciate hearing from you az to what action or discussion has hecn had on this matter. You ¢.m undemand that this is a well-discussed topic in the various circles that I nm ~ Furtherm0rc, numy ofmy other clients are curious as to how the City is approaching this. Ail I can tell them right now is your office originally denied Bmwrenone's request for reimbursement. At~ :.,r the last Council meetins, I was under the assumption that further study would tnkc place. Regardless, it would help me ifl could report thc status of this matter to my client. If you have any questior,s about this letter or wish to discuss the status of our claim, do not hesitate to give me a call. Otherwise, thank you for your time. client client 2 March 15, 2001 Mr. R. Wesley Tidwell, Attorney at Law Moore Law Firm 100 North Main Street Paris, Texas 75460 Via Facsimile: 785-0312 In re: Request for further Council action, The Hills Development, FM 195 Dear Mr. Tidwell: Reference your prior correspondence dated February 20, 2001, and subsequent correspondence dated March 6,2001, the matter regarding your client's claim against the City has been placed for action on the March 26, 2001 special Council meeting. Your attendance at the March 26, 2001 meeting is requested. With regard to the questions you raised about your prior Council appearance, the customary procedure for the City Council on matters of personal appearance is to allow the party seeking an appearance before the Council to make a presentation, and if further action appears appropriate, to post that action at a subsequent Council meeting. The process had nothing to do with your continued threats of litigation. As also referenced in your correspondence, no further request regarding the posted agenda item is necessary on your part. Finally, you refer in your letter to the legal department originally denying this claim. You may not be aware the claim was originally denied by the Engineering Department and City Engineer Earl Smith before it was forwarded to this department. If you have any additional questions regarding this matter, please do not hesitate to contact me. LWS/ap cc: Mayor and City Council Members City Manager P.O. BOXg037 · PARIS. 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