WORKING ON THE RAILROAD
Rusk Council approves park transfer to AHR
BY GLORIA JENNINGS

The Rusk City Council voted Thursday evening to approve a purchase and sale agreement with American Heritage Railways, Inc. The action was tabled at the last council meeting June 28. The proposed contract was e-mailed to City Manager Mike Murray just minutes prior to the meeting. Mr. Murray and City Attorney Forrest Phifer said at that meeting they had not had an opportunity to study it.

"Since our last meeting I have had a chance to review the contract and it reflects what the council had previously agreed to," Mr. Phifer said.

Mr. Phifer told the council that he had been in contact with Mayor Angela Raiborn and Mr. Murray concerning the contract.

"The contract refers to a deed between the city and American Heritage Railways Inc. Section 14 of that deed states that in the event the railroad is transferred to an American Heritage Railways affiliate everything will stay intact.

If it is transferred to a nonaffiliated entity they are required to notify the city within 90 days and the non-affiliated will return $1 million to the city," Mr. Phifer said. The property has been valued at $1 million.

"In the event the railroad ceases to operate then American Heritage will transfer the property back to the city without going through the Texas State Railroad Operating Authority," he said.

Mr. Phifer said, "American Heritage Railways must show good performance and keep its part of the bargain to receive the state funding."

The Texas Legislature has allocated $12 million for renovation of the railroad. These funds will be channeled through the TSR Operating Authority.

In other matters, the council approved an ordinance setting guidelines for temporary living quarters in recreational vehicles while a residence is being constructed.

The guidelines are in line with what the council approved on May 16, 2001. The ordinance limits the living quarters to 90 days in residential. Other recreational vehicles must be placed in RV parks.

The council approved the nomination of Mayor Angela Raiborn to the East Texas Council of Governments Board of Directors and the East Texas Council of Governments Executive Committee.

Prior to the meeting the council met for approximately one hour in executive session to discuss ongoing litigation. No action was taken concerning the matter.

Attending the meeting were Mayor Raiborn; Councilmembers Kris Morgan, Walter Session, Don Jones, Donald Woodard and Sam Florian; City Manager Murray and City Secretary Fran Wendeborn.