The Keene, Texas, city council has agreed to pay for water to Doc’s City RV Park until a suit with the owner is resolved, according to the Cleburne Times-Review.
Owner Bret “Doc” Berkman filed the lawsuit against Keene after he discovered an agreement between the property’s previous owners and the city. According to the 1986 agreement, the owners of the property and their successors would receive up to 1.2 million gallons of water each year free of charge.
Berkman said he discontinued payment for water after he learned of the agreement. When he stopped paying, Keene turned off water to the facility. Because 156 residents of the RV park were without water on May 21, Berkman filed a restraining order against Keene requiring them to provide water for his business.
Although Keene believes the agreement does not apply to Berkman because it was originally put in place to serve a nonprofit organization that was located on the property, the council voted 3-2 to continue paying for water during the litigation process.
“This was a good agreement for both parties to reach the status quo during litigation,” said Scott Cain, Berkman’s attorney.
Cain said the city will likely be required to give Berkman a credit for each month he has been incorrectly charged if he wins the lawsuit.
Keene’s city attorney, Rita Papajohn, said Berkman has agreed to meet with council members again to try to resolve the problem.
“Everyone wants their citizens to be treated correctly and fairly,” Papajohn said. “This will be a meeting of good faith.”