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HomeNewsCity Council Special Session Recap - March 29th

City Council Special Session Recap – March 29th

City of ClarksvilleClarksville, TN – The city council met this afternoon in a special session to consider the latest information provided by the state attorney general concerning issues with Clarksville Department of Electricity.  All the information we have received on this issue is listed at the bottom of this article including the Attorney General’s opinion.

After reading all of this the picture is more blurred than ever. The CDE board has been operating in its current setup since 1939. Recent references by both CDE and the city have stated or assumed CDE was built under the guidance of the 1935 state law. However, as you will note in the 1939 city ordinance, there is no mention of forming CDE under the guidelines of the 1935 state law. The language that formed the board in 1939 can be found in city code in the 1960s and in today’s code. It would make a considerable difference if it were or were not in how the city can interact with the board.  It is from that 1939 city ordinance that the board has always had seven members.

The more the city digs into this matter, the more questions seem to rise. While some citizens and a few council members have thought this was a cut dried case where the board could easily be done away with, it is not the case. I have stated that since this whole affair started and the mayor made the same basic statement today. The mayor believes it is time to find the final answers and basically let the chips fall where they may.

Given the latest information on the 1939 city ordinance and the very “if this, then that” review of the AG opinion, I believe it is time to find all the history and resolve this.  Given the in-depth discussions that took place this afternoon, it is by no means a certainty where the final answers may lie.  The board may be legally formed and in compliance by both state law and city ordinance.  The state law could be in command or the city ordinance and charter may be in command.

I have been in favor of doing away with the board since 2009 after the problem with the CDE director that had to be fired. However, there was little support for that due to the issues with redoing CDE debt and bonds.  I raised that possibility again within the last 60 days. Councilman Redd also mentioned it today. This is not real possibility due to the $9.2 million price tag that I was told it would take to refinance the CDE debt.

So we are left with some form of board.  The council voted to take action in the following manner:

The city attorney is to take all necessary legal action to bring the current Power Board into compliance with the provisions of the Tennessee Municipal Electric Plant Law of 1935 regarding the composition, numbers and terms of the Power Board members and to define the relationship between the City of Clarksville and the Power Board/Clarksville Department of Electricity. The city attorney is further authorized and directed to pursue and to request through the legally appropriate means a quo warranto action and to pursue a declaratory judgment action, and to employ private counsel in furtherance of such aims.

The council voted 10-yes and 2-no on this action. I voted yes. It is time to find the solid answers that will carry Clarksville and CDE forward.

It could take a year, possibly more, to get the final answers and judicial decisions. The city will request a faster track through the courts. Until a decision is reached by the court on all the questions, the city and CDE will continue to operate as they currently do.

I will keep you posted as developments happen.

Power Board Ordinance

Power Board Ordinance

Attorney General’s Opinion

March 25th Attorney General’s Letter

Municipal Electric Plant Law of 1935

Power Board Old Law

Charter and Code Provisions re CDE

Charter and Code Provisions re CDE

Bill Summers
Bill Summershttp://www.cityofclarksville.com/
Bill Summers is the City Councilman for Ward 10 in Clarksville, TN. Disclaimer: The views and opinions expressed by the author are not necessarily those of the City of Clarksville or Clarksville Online.
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