The Rockdale City Council has apparently avoided litigation by taking a series of actions Monday designed to remedy a 26-year-old situation which left a water line on church property.
Council members okayed a compromise, presented by City Manager Chris Whittaker, with Iglesia Cristiana Rey de Reyes (King of Kings Christian Church) that would resolve a situation first mentioned in February.
Also Monday the council said “hello” to two new members elected May 5 and “goodbye” to the two members who did not seek re-election.
NO SUIT—In February attorney Kirby King, appearing for the church, located at 235 Mill, accused the city of “unlawful oppression,” maintaining it had no right to put the water line across church property without consulting with the church.
Whittaker said King’s February appearance before the council constituted “warning of a possible lawsuit” as required by the city charter.
Whittaker sa the city did not put down a new water line—going under the Union Pacific tracks at the former Hickory Street crossing—but replaced one in its existing position.
The city manager said the situation had its roots in an oversight by a previous council.
“In 1989 the railroad wanted to close the Hickory Street crossing,” Whittaker said. “The city granted that request and got rid of the property (which was part of Hickory Street on the south side of the tracks.)”
“But the city never acquired an easement,” Whittaker said.
During discussion with the church’s attorney, an easement purchase price of $3,000 was agreed upon, he said.
Council members praised the negotiations, noting an original starting price of $55,000.
Action by the council Monday included granting the city manager, and legal authorities, to proceed with purchase of an easement and first reading of an ordinance abandoning right-of-way and authorizing conveyance to abutting property owners.
RATE DECREASE—
During a discussion of an Oncor rate calculation request, Whittaker and Mayor John King noted the power distribution company is planning a four-percent rate decrease as a by-product of the recent federal tax decrease.
“Due to the corporate tax decrease from 35 to 21 percent, that’s being passed on by the company,” King said.
The city, as part of a coalition of cities to which it belongs, had been prepared to oppose both the new rate calculation and an anticipated rate hike.
It did not, obviously, oppose the rate decrease but did oppose the calculation method.
NEW MEMBERS—
Newly-elected members Richard Coppedge (east ward) and Jason Barcak (west ward) were sworn in and presentations were made to outgoing members Willie Phillips and Colby Fisher (see page 4B).
The council also:
• Took no action after a lengthy discussion on a proposal by Enterprise Fleet Management to manage the city’s fleet of vehicles. Councilman Nathan Bland said he did not see how the proposal would benefit the city.
• Discussed with Public Works Director Jason Hubbell needs regarding a number of vehicles in the department. Whittaker said the vehicles will be part of budget discussions later this year.
• Elected Bland as mayor pro term.
• Took no action on a Rockdale Downtown Association concept to bring “Rock the Ice” events to town this summer. The concept would have involved renting an ice rink and hotel occupancy tax funding.
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