Loading...
HomeMy WebLinkAbout03-05-97 TC Min189 TOWN OF WESTLAKE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF ALDERMEN MARCH 5, 1997 Present: Scott Bradley, Mayor Carroll Huntress, Mayor Pro -Tem Al Oien, Member Howard Dudley, Member Charla Bradshaw, Planning and Zoning Chairperson Paul Isham, Town Attorney Ernie Hedgcoth, Town Engineer Ginger Crosswy, Town Secretary Absent: Fred Held, Member Jerry Moore, Member The meeting called by Alderman Huntress, Alderman Oien and Alderman Dudley was called to order at 6:05 p.m. by Mayor Bradley, who proceeded to explain the events that lead to this special meeting. He detailed the events of the lawsuit that was undertaken by the Town in the summer of 1994 to prevent a mobile tower being built on the Parchman property by Southwestern Bell Mobile Systems. The judge ruled that the piece of property on which the tower was being constructed was in the Town of Westlake. He told the audience that boundary ordinance no. 237 was adopted unanimously on March 6, 1995 to make sure that there would be no open areas within the Town. At that time the Board received legal advice to the effect that this ordinance would be effective to annex any open areas within the boundaries of the Town provided that within two (2) years of the adoption of that ordinance there was no action filed to annul that ordinance. Mayor Bradley stated that tomorrow, March 6, 1997, marks the two (2) year anniversary of the adoption of this ordinance, and this, in his opinion, is the reason for this special meeting called by Alderman Huntress, Alderman Oien and Alderman Dudley. Mayor Bradley then proceeded to relate the connection of Stagecoach Hills to this matter. In 1994 one hundred percent (100%) of the residents of Stagecoach Hills petitioned to be annexed into the Town of Westlake. At one point former Mayor Dale White negotiated a boundary agreement with the City of Keller to give up some of Westlake's extraterritorial jurisdiction in exchange for Keller's giving up the area called Stagecoach Hills to the Town of Westlake. The idea at that time was that these people would at some point be brought into the Town. The records show that there were four (4) public meetings where this annexation petition was discussed by the residents of Stagecoach Hills and the Board. At the fourth meeting this boundary ordinance, which clearly included Stagecoach Hills, was adopted. Mayor Bradley read to the audience Section 43.901 of the Texas Local Government Code entitled Circumstances in Which 190 March 5, 1997 Special Meeting Page 2 Consent to Boundaries or Annexation is Presumed, which was used in drawing the boundaries and annexing the property within those boundaries. Mayor Bradley then read into the record the letter from Joseph C. Rainwater questioning the annexation of his property and any other property that had not been legally annexed. Mayor Bradley stated that the Town also received a letter from Mrs. Vontilla Parchman with the identical type, style and wording as Mr. Rainwater's letter. Mayor Bradley then stated that both residents have said that Mr. Huntress had prepared the letters and procured the residents' signatures. Mayor Bradley stated that Alderman Jerry Moore told him that he had no knowledge of a special meeting and would be out of town on business on March 5, 1997. Mayor Bradley read the attached letter from Alderman Fred Held into the record stating that he was not in attendance because he feels "this is a subject that was addressed and approved 2 + years ago and is not relevant to current affairs". Mayor Bradley read a quote by Mr. Rainwater from the newspaper stating that Mr. Rainwater wanted to stay in the Town's boundaries. Mayor Bradley then read the attached letter from Mrs. Parchma.n stating that she would like for this letter to override the letter she signed for Mr. Huntress on February 28, 1997, and wishes to stay in the Town of Westlake. Mayor Bradley then read his prepared statement that is attached to these minutes stating that, in his opinion, this ordinance is solely to keep the Stagecoach Hills residents from voting in the upcoming May election, and therefore to prevent Don Redding, a Stagecoach Hills resident, from running for a place on the Board in that election. At this time Mayor Bradley listed a multitude of ways that a Town can annex property and stated that there are a like number of ways to disannex property and the ordinance on tonight's agenda is not one of them. Mayor Bradley then introduced Mr. Huntress to the assembly. Mr. Huntress stated that he and he alone had put this process into motion. Mr. Huntress told the audience that he was not trying to disannex any property; he was only drawing the boundaries of the map the way they should be according to the laws of a class A municipality. He said that the six (b) parcels in question had not been legally annexed according to the Vernon Statutes for annexations in a General Law Municipality, and should not be included in the boundary map. Mr. Huntress then outlined the steps for an annexation: (1) There must be a petition from the residents for annexation. (2) There must be two (2) public hearings. (3) There must be an ordinance for the annexation passed by the Board of Aldermen. Mr. Huntress again stated that the purpose of this meeting was not to disannex anyone, but only to make the annexations legal. He said that the Board does want Stagecoach Hills in the Town, but they want the residents brought in the correct way. Mr. Huntress said that it had only come to his attention that Stagecoach Hills was not legally annexed into the Town when Mr. Redding filed for a seat on the Board. Mr. Huntress stated that he had received information from the Texas Municipal League legal 191 March 5, 1997 Special Meeting Page 3 department that this annexation was not legal, therefore he was only trying to correct an error in the boundary map of the Town. Mayor Bradley then opened the floor to anyone who had signed an appearance form to address the Board. At that time the following Stagecoach Hills residents addressed the Board: Wanda Haskins of 5920 Steve Court, stated that residents of Stagecoach Hills have served on Town juries in the past two (2) years. Jack Walton of 13325 Thornton Drive, displayed copies of the building permit issued for his house in Stagecoach Hills by the Town and receipts for fees charged by the Town. He also stated that he had paid $1000.00 for a soil test that the Town required before building. Jerry W. Johnson of 13308 Thornton Drive, said that the residents of Stagecoach Hills have received Town garbage, police, fire and emergency services for two (2) years and are very happy with the service. John Douglas of 5901 Stagecoach Circle told the Board that his voters registration card said he should vote in the Town of Westlake. Jim Haskins of 5920 Steve Court, Allen Heath of 5944 Stagecoach Circle, Oscar Renda of 5933 Steve Court and Del Younglas of 13345 Thornton Drive all told the Board that the residents of Stagecoach Hills are very happy and would like to stay in the Town. Richard Myers of 7400 Monticello Parkway, Colleyville, asked the Town Attorney several questions as to the legality of the original ordinance annexing the properties in question. Paul Isham, the Town Attorney, responded that in his opinion ordinance 237 was legally processed. Ed Walts of 7612 Arborgate Drive, Dallas, an attorney representing Maguire Thomas Partners, asked how this proceeding would affect a small parcel of land located on the east side of State Highway 114, owned by Maguire Thomas Partners and currently included in the Westlake boundary map? Mayor Bradley responded that the parcel in question was annexed in the same way as the properties in question tonight, but was done on May 6, 1996, giving Maguire Thomas Partners until May 6, 1998, to question this annexation. David A. Brown of 4050 Aspen Lane, Westlake, told the Board that when his property was annexed on July 11, 1994, two (2) public hearings were not held. Mayor Bradley told Mr. Brown that every two (2) years the State Legislature adopts an annexation validation statute curing defects in local annexations. This last ordinance was passed about March 5, 1995. Stan Parchman of Ottinger Road told the Board that three (3) years ago during the litigation between Westlake and Southwestern Bell Mobile Systems the Judge in Denton County stated that his property was within the boundary of the Town. Mr. Parchman asked the Board to abide by the Judge's decision. 192 March 5, 1997 Special Meeting Page 4 At this time Alderman Al Oien addressed the audience saying that the Board would like the Stagecoach Hills residents to be in the Town of Westlake, but under these circumstances it was not correct. Mr. Oien said that this needs to be done the way the Town has always conducted annexations. Mr. Oien stated that the Board's agreement with the Stagecoach Hills residents was that at some time they will be annexed, but the Board is not prepared to do that at this time. Motion by Al Oien, seconded by Carroll Huntress, to approve Ordinance 266 adopting a new boundary map excluding properties that were either improperly annexed or whose owners did not wish to be annexed by Ordinance 23 7. Motion carried unanimously. The meeting was adjourned at 7:15 p.m. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary These minutes are included only for information, not as part of the public. record. March 5, 1997 Mayor Bradley & Aldermen, On Friday, Feb 28, 1997, Carroll Huntress brought me some letters to sign to be disannex from the Town of Westlake, I did sign the letters at that time, but I have given this much thought since then, I have been in the Town of Westlake for almost two years, in which time we have attended the council meetings to keep in touch with the town and its plans. We have been pleased with the meetings and their standard they have for the Town of Westlake. So therefore I would like for this letter to override the letters I signed for Mr. Huntress on Feb. 28, 1997, and remain in the Town of Westlake. Thank you, Vontilla Parchman March 5, 1997 5 March 1997 Mayor Scott Bradley Westlake Board of Aldermen Gentlemen, Rather than participate in an unended confrontation and create ill will about a subject that I personally feel does not address the immediate challenges, goals, and needs of our town, I am not attending this special called meeting. I feel this is a subject that was addressed and approved 2+ years ago and is not relevant to current affairs. Please accept this with my deepest sincerity and respect for the citizens and future development of the Town of Westlake. Yours truly, Fred Held - Alderman Town of Westlake STATEMENT OF THE MAYOR The 1997 election process to elect three aldermen of the Town of Westlake has commenced. Don Redding, a resident of the Stagecoach Hills subdivision, has signed up to run for one of the available positions. If this ordinance is put into effect, the consequence will be that the residents of Stagecoach Hills and a few other Town residents will be removed from the Town's boundaries and thus prevented from voting in the May 3 election. This also means that Mr. Redding will no longer be a resident of the Town and thus will be ineligible to run for, or to serve as alderman. Prior to this meeting, I have stated my strong objections to the adoption of this ordinance. From my examination of the law, and after consulting with the Town attorney, I am convinced that this ordinance, if adopted, will not be a legal ordinance. It has the sole intended effect of disannexing a major portion of the population of the Town in order to prevent these residents from voting or participating in the election process. In the words of Bo Pilgrim, "It's a mind-bogglin' thang!" This ordinance could subject the Town and these three aldermen (personally) to liability for damages under both federal and state law. I have made it clear to these aldermen that I will not assist their efforts in implementing this ordinance. They have acknowledged my feelings on this issue, but also they have made it equally clear to me that they intend to put this ordinance into effect regardless of any input from the mayor, the Town attorney, current residents, or the interested public. TOWN OF WSSTLA88 3 Village Circle Suite 207 Solana Westlake, Texas 76262 Metro (817) 430-0941 Fax (817) 430-1812 To the Board of Aldermen RECEIVED MAR - 8 1997 Town of Westlake March 8, 1997 Re: Purported Adoption of Ordinance at a Meeting Called by Aldermen Carroll Huntress, Al Oien and Howard Dudley, Convened at 6 p.m. in the Town Hall of Westlake, Texas Gentlemen: Under the authority vested in the Mayor pursuant to Section 52.003 of the Local Government Code, the unsigned Ordinance you purported to adopt at the special meeting called for March 5, 1997, is hereby returned. I have at least three objections, any of which would prove fatal to the adoption of the Ordinance. Only the first of these must be cited: Because the meeting was specially called, two-thirds (2/3) of the number of Aldermen was required to constitute a quorum. Only three Aldermen (or, three-fifths) attended; hence no quorum existed to conduct any Town business. Under Local Government Code § 52.003(c), you have the right to reconsider your vote. However, please note that since no lawful action was taken before March 7, 1997, Ordinance No. 237 remains in effect and by law it is conclusively presumed that you gave your consent to the incorporation into the Town's boundaries of all properties reflected by the Official Map adopted in Ordinance 237. I am deeply sorrowed that you have permitted the Perots to drive a wedge between us so that the Town may be conquered. I earnestly entreat you to give your cooperation to each other and work as a team for the betterment of the Town. You should not allow Mr. Huntress to lead you astray. His deceitfulness in this affair, his leading the Board through deception to consent in 1986 to the formation of the Lake Turner Municipal Utility Districts, his recent clandestine meetings with Perot representatives, and his residential tenancy which depends on the goodwill of Hillwood/Willowbend, Ltd., convince me that his loyalties do not lie with the Town. To the Board of Aldermen March 8, 1997 Page 2 With best personal regards, I remain SB:dr Very truly yours, Scott Bradley Mayor cc: Mr. Carroll Huntress P. O. Box 593 Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 359 822 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 359 821 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Al Oien 1440 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 359 820 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL To the Board of Aldermen March 8, 1997 Page 3 Mr. Jerry Moore P. O. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 359 819 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 359 818 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Ms. Ginger Crosswy Town of Westlake 3 Village Circle, Suite 207 Westlake, Texas 76262 ORDINANCE 266 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS RESCINDING ALL PRIOR OFFICIAL MAPS OF THE TOWN OF WESTLAKE, TEXAS; ADOPTING A NEW OFFICIAL MAP OF THE TOWN, EXCLUDING CERTAIN IDENTIFIED PARCELS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake has over a period of years by various ordinances annexed and disannexed territory from time to time; and WHEREAS, the Town Engineer has from time to time caused to be made official maps of the Town's boundaries so as to include those properties that have been annexed and remove those properties that have not been legally annexed according to the Vernon Statutes for General Law Municipalities; and WHEREAS, prior Official Maps prepared by the Town Engineer do not accurately reflect the Town's current boundaries as represented by prior annexation and disannexation ordinances adopted by the Board; and WHEREAS, the Board of Aldermen desires officially to rescind all prior Official Maps and to adopt a new revised Offical Map of the Town so that both the Town and all those that reside in the Town or have business with the Town can rely on the map as the Town's corporate boundaries (subject to future changes through annexations and disannexations); NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all prior Official Maps of the Town of Westlake, (including but not limited to the maps adopted by Ordinance No. 237 and Ordinance No. 253) are hereby rescinded and repealed. SECTION 2: That the Aldermen adopt the new, Official Map, which excludes Parcels 1, 2, 3, 4, 5, and 6 on Exhibit A attached hereto, and the Town Engineer is directed to change the metes and bounds description of the Town to reflect the removal of said parcels. SECTION 3: That this ordinance shall become effective upon its passage and approval. RCV BY : CANTEY&HANGERI..LF'41 . 3- G-97 : 12 : 14Yh1 PASSED AND APPROVED THIS ATTEST: Ginger Crossway, Town Secretary APPROVED AS TO FORM: Paul C. Isham, Town Attorney CANTEY&HANGERLLP41 :4 3 DAY OF MARCH, 1997. Scott Bradley, Mayor TOWN OF WISTLARS u 3 Village Qrde »J Suite 207 Solana Westlake, Texas 76262 Metro (817) 430-0941 Fax (817) 430-1812 April 14, 1997 To the Board of Aldermen: APR 14 199 TOWN OFWESTLAKE 6:6-0p.r` Re: Purported Ordinance Adopted at Specially Called Meeting Held Tuesday, April 8, 1997, Prescribing the Duties and Powers of the Mayor Gentlemen: I am returning the referenced Ordinance unsigned. I object to this Ordinance because it contains some provisions that unlawfully infringe upon the powers given to the Mayor of a Type - A Municipality under the Local Government Code. Respectfully yours, Scott Bradley Mayor SB:cm cc: Mr. Carroll Huntress P. O. Box 593 Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 618 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNTIED STATES MAIL Mr. Howard Dudley Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 616 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL To the Board of Aldermen April 14, 1997 Page 2 Mr. Al Oien Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 617 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Jerry Moore P. O. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 616 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Fred Held Westlake, Texas. 76262 VIA CERTIFIED MAIL NO. P 168 362 615 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Ms. Ginger Crosswy Town of Westlake 3 Village Circle, Suite 207 Westlake, Texas 76262 Paul C. Isham, Esq. 317 College Grand Prairie, Texas 75050 P,CV BY: CANTEY&H ANGER 1.L.P-fi 1 3- 6-07 ;12:1413NI +817 - CANTEY&HANGUMA-P41 ;#