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City awarded attorneys fees in Primary Media suit

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Meals-on-Wheels proclamation presented

MEGAN GRAY

The Ellis County Press

WAXAHACHIE – After about 10 minutes in executive session the city council reconvened with a conclusion to their back and forth litigation of the city of Waxahachie vs. Primary Media LTD during their regular scheduled meeting Monday, March 1.

"On behalf of the city council and I, we are pleased to announce the case between the city of Waxahachie vs. Primary Media has reached a final judgment and the city has prevailed," said Mayor Ron Wilkinson.

"Thanks to Mr. Jim Chapman [attorney representing the city] for this victory."

According to court documents provided by the city, a hearing for this cause was held in Ellis County’s 40th District Court on Jan. 29.

The ruling stated as follows: The court finds that the defendant Primary Media LTD has violated Waxahachie city ordinance #1863 by placing off premise signs with extraterritorial jurisdiction of the city of Waxahachie, Texas along Interstate Highway 35 East south of the city, being Texas Department of Transportation sign permit numbers 19681 and 196182 and that these signs must be immediately removed.

Primary Media has until March 30 to remove both signs.

The city was awarded $10,000 for attorneys fees and will be able to receive an additional $5,000 if the defendant takes the case to the Court of Appeals in Waco as well as an additional $5,000 if the case then proceeds to the Supreme Court of Texas.

In other news, Marion Reynolds from Meals on Wheels was on hand to receive a proclamation from Wilkinson for "Meals Awareness Month" in Ellis County.

Meals on Wheels of Johnson and Ellis Counties prepares and delivers meals to elderly and disabled persons who are unable to prepare meals for themselves and has been doing so for the past nine years serving more than 600,000 meals.

"Thank you so much, our volunteers are really wonderful," said Reynolds.

"About a year ago, a state demographic showed Ellis County in a group of 17 counties with the fastest growing population in the state."

Reynolds went on saying, "even though all our routes are full right now, we could always use a standby volunteer. It’s one hour,one day a week."

The council also discussed alley repairs for Redman Lane, Sagebrush Lane, Indian Hills Alley and Chieftain Drive.

"The total costs for the alleys to be completely restored would cost $260,000 but we haven’t had any street work these past two years in the budget," said City Manager Paul Stevens.

While the council and mayor wanted to see repair their concern was more long-term.

"I would like to see something that would not have us face these same problems 20 years down the road, so we won’t have to see the cost of these problems again," said Wilkinson.

Councilman Joe Jenkins even suggested the city may want to look into prohibiting or making changes to how subdivisions are built in the future.

Director of Public Works Jeffrey Chambers said he had performed a visual pavement condition survey and had found 87 percent of the concrete pavement to be in poor condition recommending the entire pavement be replaced since it’s about 35 years old.

The council made a motion to authorize the staff to get with the team of engineers for a report and estimate before proceeding any further.

Additional comments included a reminder from Assistant City Manager Michael Scott saying the restoration of the train depot bids will begin this Friday, March.5.


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