“We feel you’ve got a gun to our heads and are saying ‘I want to be friends’,” said City of Fairfield attorney, David Tuckfield, during a joint council meeting between the Cities of Fairfield and Teague.

On Thursday evening, October 18, 2018, the two cities met at the Tri-County Golf Club to discuss matters pertaining to the jointly owned TDCJ Boyd Unit’s water and wastewater facilities and the pending legal suit against Fairfield by Teague.

A lawsuit was filed in Freestone County district court on behalf of the City of Teague against the City of Fairfield for breaches of an interlocal definitive agreement (IDA) and facilities agreement between the cities regarding management of funds from the Texas Department of Criminal Justice, violations of the Texas Open Meetings Act, and for declaratory and injunctive relief.

The original interlocal agreement was signed on August 7, 1990 and outlines the roles each of the cities will take.

This agreement states that revenues from water and wastewater sales will be used exclusively for debt retirement and water and wastewater facility operating and maintenance expenses only.

It also states that in the event the cities cannot resolve a dispute between the two City Councils, the matter shall be presented to an independent arbitration firm which is mutually agreed upon. The decision of the arbitration firm will be final and binding to both parties.

The City of Teague has not sought resolution through an arbitration firm, choosing instead to go straight to litigation.

Due to the pending civil case, most of the conversation during this meeting was between the city attorneys.

Attorney for Teague, Andrew Messer, explained that, “Teague Council asked for this meeting in order for the cities to meet face to face so there would be no more misunderstandings; and to make sure everyone is on the same page from this point moving forward.”

He continued, “Teague wants to see the cities work together with a free flow of information and transparency.”

Tuckfield stated that Fairfield agreed to the public meeting because it is clear there is a substantial misunderstanding that needs to be worked out.

“In 2013, there was a conversation between the then City Mayors and Administrators, Mayor [Roy] Hill and [Jeff] Looney with Mayor [Earnest] Pack and [Judy] Keally,” explained Tuckfield. “At that time, Fairfield was told that Teague wanted no part in it [the day-to-day operations and maintenance of the facility].”

He continues saying, “The two most important things we need to accomplish is to see that TDCJ continues to receive water and wastewater services, and we need to be good neighbors. We don’t feel that litigation is required to accomplish these things.”

Tuckfield told Messer that discussions would be much easier if there was not a legal suit hanging over Fairfield’s head.

“I feel that both cities should hire auditors to delve into the TDCJ issue to see if money is owed to either city,” explained Tuckfield. “We would like you to consider not pursuing the case. Let the cities come together to figure it out. If things don’t work out, Teague can always re-file.”

Messer assured Fairfield Council that Teague wants to continue the relationship, and intends to be partners for the remainder of the contract, and hopefully into the future as well.

During the meeting, each side discussed the budget and they are working toward finalizing one that is agreeable to both parties.

According to the IDA, day to day operating decisions are to be made solely by personnel of the City of Fairfield. Both cities are to agree and approve the TDCJ budget, but final approval of budgeted expenditures is the responsibility of the City Council of the City of Fairfield.

It is important to note that both cities have each finalized their 2018-2019 Fiscal Year Budgets. Should changes be made at Teague’s request, and approved by both cities, the TDCJ Fund budget within the City of Fairfield’s budget would have to be amended.

The cities also agreed that Fairfield would allow Teague’s engineering firm to complete a study of the TDCJ facilities; and would provide Teague with financial documentation on all monies going in and out of the TDCJ fund.

All outstanding public records requested by Teague will be provided by Fairfield.

“How can we move past 2020?” asked Messer. “Is Fairfield interested in that?”

Tuckfield replied, “Fairfield was interested at first, but that has been soured with the litigation. However, we are happy to continue meetings and discussions. I believe that is a good idea.”

“Teague hopes to build a better relationship moving forward,” concluded Messer.

The cities will work together to schedule monthly meetings of the Management Board to include the Mayor, Mayor Pro-Tem, City Administrator, and Legal Council.

David Tuckfield, of the Law Office of David J. Tuckfield, is based in Austin.

Andrew ‘Andy’ Messer is with Messer, Rockefeller, and Fort of Frisco and Abilene.

No word yet if the civil case will be dropped at this point.

The City of Fairfield has filed their Original Answer to the civil case, as well as a Motion to Dismiss. If the case is not dismissed, the City is requesting to have a Jury Trial, as opposed to the case being presented in front of the Judge alone.

The “Times will continue to follow this story as it develops.