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
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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
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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.
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March 5, 1997
Special Meeting
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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 ;#