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. TEXAS75461-9037 · (9031785-7511 · FAX(903) 785-8519