Sunday, July 25, 2010

Judge hears arguments in water meter sale dispute
Monitor Staff Reports
CEDAR CREEK LAKE–All three sides in the dispute over the purchase of 800 water customers by East Cedar Creek Fresh Water Supply District from Mabank were presented in Austin July 14-15.
(See related story reporting on Thursday’s special called Gun Barrel City Council meeting in the Thursday, July 29, issue of The Monitor.)
According to state rules, Mabank has to either shed some water meters or expand its water treatment plant.
Last June, Mabank and ECCFWSD came to an agreement on the sale of water meters located in Gun Barrel City. (Both Mabank and ECC service water and sewer customers in Gun Barrel City.)
To complete the sale, a transfer of part of Mabank’s CCN (Certificate of Convenience and Necessity) must be approved by the Texas Commission on Environmental Quality (TCEQ).
Application for the transfer was made in July, 2009. At that time, ECC started looking at funding options and the customer notification and hearing process began.
At the same time, Gun Barrel City started looking for a wholesale water source it could buy to provide service to those same customers, and formally lodged a protest against the sale to TCEQ.
July 14-15 was set for the trial before the State Office of Administrative Hearings.
Mabank city administrator Louann Confer testified on behalf of the city, and was joined by the attorney from the TCEQ in favoring the sale.
Gun Barrel City was represented by city manager Gerry Boren and the city’s attorney, Scott Newsome. They argued against the sale, supporting the proposal that Gun Barrel City provide water service to the 800 Mabank water customers living in the city.
Transcripts from the testimony are being prepared for review by both sides.
Attorneys will present closing arguments Aug. 25 and provide briefs summarizing their arguments.
Each side will be given another opportunity to submit written summaries by Sept. 15 showing why their opponent’s argument is wrong.
Then, the judge will respond with a preliminary finding.
The losing attorneys get to argue with the finding by showing why the judge reached the wrong conclusion, while the winning side gets to submit a written argument saying why the opposing side is wrong to argue that the preliminary finding is invalid.
That process is expected to last into late December, probably through the end of the year. The first week of January, 2011, the TCEQ commissioners are expected to vote on the preliminary finding.
The losing side may appeal the decision and ask for a rehearing, at which point the appeal goes to the Travis County District Court.
If it continues to the bitter end, it could be next summer before the sale is able to move forward, if at all.
This schedule could be disrupted at anytime, should Gun Barrel City withdraw its protest (which was an item under consideration at Thursday’s special council meeting), Confer said.
Last year, when TCEQ conducted an inspection of Mabank’s water treatment facility, inspectors didn’t write them up for water capacity issues because they reviewed a copy of the sales contract between the city and ECC, Confer noted.
“If we have to expand this water plant, then these meters will not be for sale,” she added.

Two airlifted to hospital
By Pearl Cantrell
Monitor Staff Writer
GUN BARREL CITY–A nonfatal vehicle wreck July 17 resulted in two people being airlifted to a Tyler hospital and heavy damage to both vehicles.
Dirt truck driver Robert Luther, 29, was westbound on U.S. Highway 175 in a construction zone, about a mile west of State Highway 334 interchange in Gun Barrel City, when a fast-moving 2007 Nissan Altima came up from behind and attempted to pass on the left when the truck was making a left turn into the construction site.
Luther told The Monitor he had engaged his blinker for a left-hand turn. When he checked his mirrors and saw that the Nissan was behind him in his lane, he initiated the turn.
The vehicles forcefully collided, tearing the whole side off the Nissan and crushing its engine compartment on that side.
Luther’s International truck also sustained heavy damage, crushing three of the six batteries on board. The impact also tore away the transmission housing and severely bent the truck’s frame.
Nissan driver Bryce Lanning, 22, along with Luther, were airlifted to Tyler in separate helicopters for care.
Nissan passenger Shawna Malone, 21, reportedly arrived to the Tyler hospital by a private vehicle.
Luther reported he suffered a concussion and was unconscious when evacuated from the scene by helicopter. He also suffered a broken nose, cuts on his face, chest contusions and heavy bruising to the face and chest.
Lanning’s condition was unknown at presstime Thursday.
According to the preliminary police report, contributing factors included Luther’s failure to yield the right of way and driver inattention.