MIN CC 09/28/2010
TH
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 28 DAY OF SEPTEMBER 2010, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6PM.
The Council met in a special session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Mac Woodward, Charles Forbus, Dalene Zender, Wayne Barrett, Lanny Ray, Tom
Cole, Melissa Templeton, Jack Wagamon
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary
SPECIAL SESSION* [6:00PM]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:00pm.
2. PLEDGES OF ALLEGIANCE
3. INVOCATION
Councilmember Barrett gave the invocation.
4. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551;
Section 551.071 – consultation with counsel on legal matters including current and pending litigation,
including, but not limited to, the City of Huntsville vs. Huntsville/Walker-County Chamber of Commerce.
[Leonard Schneider, City Attorney]
Leonard Schneider, City Attorney, said there was no change in the status of the lawsuit, but that the Council
could go into executive session if they wished to receive legal advice. He advised the Council that the motion
regarding the striking of the City’s expert’s testimony was denied, so the expert can testify at trial. He said a pre-
trial conference and hearings on the Chamber’s fore-summary judgments were set for October 1, 2010, for which
the City Attorney had filed the appropriate responses. Mr. Schneider said the Chamber had also filed a motion
for continuance, also to be addressed on October 1.
The Mayor asked about Monday, October 4, 2010, the date set to begin the trial. Mr. Schneider said he
anticipated the trial would continue, and that voir dire and jury impanelment would occur that day, and
presentation of witnesses would begin on October 5, 2010. He confirmed twelve jurors would be selected.
Councilmember Wagamon asked how a vote of a twelve member civil jury would need to be to find for one side
or the other. Mr. Schneider and Councilmember Ray confirmed that ten members were necessary, except in the
case of exemplary damages, which would require a unanimous vote. Mr. Schneider said everything else, except
punitive damages, a 10-2 vote would be sufficient.
Councilmember Wagamon also confirmed a civil case had a different standard of evidence, that it was a
preponderance of the evidence required, not evidence beyond a reasonable doubt, as in a criminal case, and that
the establishment of the facts would be that type of evidence. Mr. Schneider agreed, saying that was true except
for punitive damages or charges “with malice”, which may require “clear and convincing evidence.”
Councilmember Ray confirmed the motion for continuance was filed today, as it would had to have been to be
heard on October 1, and that he and Mr. Schneider assumed it was a public record, as it was on file at the county
courthouse. Councilmember Ray said the continuance was filed to get out of the trial setting and that he
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assumed that the request was until after the 2 of November, and Mr. Schneider said it was a “stay” [indefinite
date].
The Mayor reminded the Council another Special Session had been posted for Friday, October 1, 2010 at 5pm,
should it be needed.
5. RECONVENE
a. Take action, if necessary, on items addressed during Executive Session.
No action was taken, as the Council did not enter Executive Session.
6. ADJOURNMENT
The meeting was adjourned at 6:06pm.
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Lee Woodward, City Secretary