The Smithville Board of Aldermen voted 4-0 in the absence of Josh Miller Monday night to re-enter the fight with the DeKalb Utility District over its proposed water treatment plant.
Upon the recommendation of city attorney Vester Parsley, Jr., the aldermen elected to employ Nashville attorneys Bill Purcell and Jason Holleman to appeal the State Utility Management Review Board's April 4 dismissal of a petition by a group of DUD ratepayers who sought to stop the new plant from being built.
The appeal will be heard in Chancery Court in Davidson County.
Parsley told city fathers that the appeal must be filed by Aug. 5, or 60 days after the filing of the order from the UMRB hearing.
“Earlier this year we had a hearing before the (UMRB) board regarding the application that DUD had made to build a new water treatment plant here outside the city to treat water,” Parsley informed the board. “Of course, we would lose a substantial part of our income that we receive from DUD if they continue on that way. We had 60 days to file an appeal. That 60 days will be up on Aug. 5,” Parsley said.
“The appeal process is very similar to what you see with the court of appeals,” the city attorney continued. “However, you're going to appeal to a Chancellor that is in Davidson County, not a local Chancellor. The purpose of that appeal is to determine whether or not the board which came to Smithville and had the hearing made the right decision,” Parsley shared.
Parsley said he had discussed a fee to represent the city with Purcell and Holleman.
“They have offered to prepare an appeal for the hearing,” he said. “There will be no new proof. No new depositions submitted. The fee is not to exceed $10,000. It is my recommendation to the board that we go forward with that, but that's up to the board.
“As to the outcome of that, we'll have to wait and see how the Chancellor rules. But I think it would be good for us to go forward with that and, hopefully, we would get a more favorable decision from a Chancellor than we did the (UMRB) board,” he said.
In making a motion to file the appeal, Alderman Tim Stribling said he felt Chancery Court might give the city a more even playing field.
“Mr. Mayor, I'd like to see that this go before the Chancellor,” Stribling said. “I think it would be more unbiased. I think we all saw that day the deck was stacked against us, so I'd like to make a motion that we appeal the decision of the board which allowed DUD to continue with building their own water treatment plant.
 “I'd also like to make a motion that we retain Bill Purcell and Jason Holleman to represent the city with an understanding that they shall be paid a fee not to exceed $10,000,” Stribling concluded.
Alderman Danny Washer offered a second to the motion.
Meanwhile, the city board held a public hearing at the Monday meeting before adopting an ordinance changing the regular meeting dates of city council to once a month, the first Monday at 6 p.m. on second and final reading.
Meetings have previously been held twice a month on the first and third Monday nights at 7 p.m.
Any two aldermen or the mayor may call a Special meeting.