Chula aldermen seek outside counsel on Farmers Coop street closure and liability

At the July 17 Chula Board of Aldermen meeting members discussed a concrete placement by the Chula Farmers Coop that extends into an alley and the city's right-of-way near the scales and asked staff to clarify legal options and liability.

City Clerk Ann Hamilton said she contacted attorney Dana MaCoubrie, who told her drafting an ordinance to close the street would cost about $600 and that he represents the Chula Farmers Coop. Hamilton asked whether MaCoubrie's representation posed a conflict of interest; according to the transcript, MaCoubrie said it did not. Board members said they wanted an independent legal opinion on whether the city or the Coop would be liable if someone struck the concrete and on the appropriate procedure to close the street.

Alderman Benny Simpson moved to find another attorney to explore options and liability; Alderman Kyle Gramenz seconded. The motion passed 4-0. The board also asked the attorney to put in writing that if the city must remove concrete poured into the alley or city right-of-way, the Coop would be responsible for replacement costs because the concrete was poured over city mains. The Coop has placed reflective arrows on the concrete wall, officials noted.

No ordinance was adopted at the meeting; the clerk was instructed to seek outside counsel and to return findings to the board for any further action.