HomeMy WebLinkAbout04-08-97 TC Min200
TOWN OF WESTLAKE
MINUTES OF THE
SPECIAL CALLED MEETING OF THE
BOARD OF ALDERMEN
APRIL S, 1997
Present: Scott Bradley, Mayor
Carroll Huntress, Mayor Pro -Tem
Al Oien, Member
Jerry Moore, Member
Howard Dudley, Member
Paul Isham, Town Attorney
Ginger Crosswy, Town Secretary
Absent: Fred Held, Member
The meeting was called to order at 7:25 p.m. by Mayor Bradley. There was a
motion by Howard Dudley, seconded by Al Oien, to consider Item #3 first. There was no
discussion.
Motion carried unanimously.
Item #3: Consider overriding Mayor's veto of resolution concerning status of Town's
Attorneys, Consultants, Advisors and Engineers. Motion by Carroll Huntress,
seconded by Al Oien, to reconsider overriding the Mayor's veto of Resolution
97-3. There was no discussion.
Motion carried unanimously.
Item #1: Discuss and consider action on litigation and legal representation in the
following:
City of Roanoke v. Town of Westlake
Donald Redding v. Town of Westlake
Oscar Renda v. Town of Westlake
Motion by Al Oien, seconded by Carroll Huntress, that the law firm of Wood,
Thacker & Weatherly be retained as the Town's Attorney and represent the
Town of Westlake in the above listed litigation matters and any other litigation.
Mayor Bradley then addressed C. Jane Thacker, Esq., who was present at the
meeting on behalf of Wood, Thacker & Weatherly, asking whether the law firm
had a conflict of interest since it was representing Aldermen Huntress, Oien,
Moore and Dudley in their individual capacities in Redding v. Westlake. Ms.
Thacker replied that the law firm had considered the issue and found no ethical
conflict.
Motion carried unanimously
Item #2: Consider overriding Mayor's veto of ordinance rescinding Ordinances 237 and
253. Alderman Dudley asked C. Jane Thacker to look at a temporary
201
April 8, 1997
Special Meeting
Page 2
restraining order that was served on Alderman Dudley, Alderman Huntress and
Alderman Oien at the start of the meeting. After conferring with Ms. Thacker
there was a motion by Carroll Huntress, seconded by Howard Dudley, to take
no action on item #2. There was no discussion.
Motion carried unanimously.
Item #4: Consider ordinance prescribing powers of Mayor pursuant to 22.042 of the
Texas Local Government Code. Alderman Huntress read the ordinance into
the record. Motion by Carroll Huntress, seconded by Al Oien, to adopt
Ordinance No. 271. There was no discussion by the Aldermen, but the Mayor
informed the Aldermen that some of the items listed in the ordinance may
violate provisions of the Local Government Code, which governs the duties and
powers of a Mayor.
Motion carried unanimously.
With all business on the agenda being completed, the chair declared the meeting
adjourned at 7:30 p.m.
These minutes were never approved by any Board of Aldermen
03/26/97 10:59
Via Facsimile
(817) 430-1812
Mayor Scott Bradley
Board of Aldermen
Town of West Lake, Texas
Re: Legal Services
Continuing Employment
Dear Mayor & Board of Aldermen:
March 26, 1997
The resolution of the Board of Aldermen adopted March 24, 1997, suspending consultant
services, on its face applies to legal services provided by the fum of Freilich, Morgan, Lehner &:
Carlisle, and has the effect of immediately terminating representation on the following matters
currently in progress:
(1) representation at ongoing mediation sessions, including specifically the scheduled
meeting of April 4, 1997;
(2) legal services related to completion of draft subdivision and PD ordinances; and
(3) legal services related to completion of pending impact fee programs for water,
sewers and roads.
With respect to the first item, I would anticipate the necessity for additional mediation
sessions. with the focus being preparation of a contract relating to provision of utilities between
Ellwood Development, the MUDS, and the Town. For the second item, revised draft
subdivision regulations have been distributed to the property owners' representatives; the revised
draft PD regulations are nearing completion. In the near future, I would anticipate that the
ordinances will be in a format that may be presented to the Hanning and Zoning Commission and
FREILICH, MORGAN, LEITNER & CARLISLE
r,
the Board of Aldermen in workshops, followed by public hearings required by state law. The
third item has been held in abeyance, awaiting the conclusion of the mediation sessions. If a
satisfactory agreement is reached as a result of such sessions, the Board must decide whether to
adopt, restructure or abandon the impact fee program for the Town. I don't believe it is possible
at this time to predict which of these Actions is desirable.
If we are to continue to represent the Town on these matters, I will need acknowledgment
of the services authorized on this letter as soon as possible. Due to the scheduled mediation
session and the necessity to draft contractual provisions, time is of the essence. Below I have
incorporated the provisions that were included in our prior letter agreement.
Services will be computed on an hourly basis. Services will be billed at the rate of $185
per hour for Terry D_ Morgan and $125 per hour for associates. The City will compensate the
firm for services rendered at the above listed hourly rates and for expenses incurred within 30
days of receipt of the firm's invoice. Compensation for additional services shall be subject to
approval of the Town Board of Aldermen.
We look forward to assisting the Town with these matters. If you agree with the terms
herein stated, please have this letter acknowledged and return a copy as soon as possible for our
records.
Sincerely yours,
h. A 7 k
Terry D. Morgan for
)FREILICH, MORGAM LEMOR & CARLISLE
Acknowledged in behalf of the Town:
"A
TOWN if WSSTL,S88
3 Village Circle
Suite 207 Solana
Westlake, Texas 76262
Metro (817) 430-0941
Fax (817) 430-1812
March 27, 1997
To the Board of Aldermen
Re: Resolution No. 97-3
Gentlemen:
MAR 2 8 igg7
TOWN Of WESTLAKE
E. sa A. .
I am returning Resolution No. 97-3 unsigned for the following reasons:
1. On its face, the Resolution suspends the work of all consultants until April 15, 1997. As
you are well aware, the Town is engaged in intensive mediation efforts with Ross Perot,
Jr. The negotiating representatives for the Town desperately need the help of the Town's
consultants. The next mediation session is set for Friday, April 4, 1997. Please see the
attached letter from Terry Morgan, Esq., which perhaps will convince you of the urgent
need for professional advice.
2. Cause No. 97-50203-367 pending in the 367th Judicial District Court of Denton County,
Texas, styled Donald R. Redding v. Town of Westlake, is scheduled for trial on April 3,
1997. Someone needs to appear for the Town in order to avoid default judgment being
taken against the Town.
3. An answer must be filed in Cause No. 97-50150-367 pending in the 367th Judicial District
Court of Denton County, Texas, styled Cay of Roanoke v Town of Westlake, no later than
10 a.m. Monday, March 31, 1997; otherwise, default judgment will be entered against the
Town.
4. Cause No. 342-168429-97 pending in the 342nd Judicial District Court of Tarrant County,
Texas, styled Oscar Renda, and All Other Residents of Stagecoach Hills Subdivision, Town
of Westlake v. Town of Westlake, Carroll Huntress, Howard Dudley and Al Oien, not yet
scheduled for trial. Again, an appearance must be entered to avoid a default judgment
being entered by the Court.
5. Resolution No. 97-3 does not comply with state law governing the discharge of any Town
official. You know these requirements; I read them to you directly from the Local
Government Code on Monday, March 24, 1997.
To the Board of Aldermen
March 23, 1997
Page 2
6. There was no agenda item posted for the meeting that would support the discharge or
hiring of a Town Attorney, even if you complied with the provisions of law stated above.
Therefore, your efforts to hire a new Town Attorney at that meeting were illegal.
In summary, I am sending this Resolution No. 97-3 back to you unsigned for the simple
reason that the Town cannot function during this critical time without professional assistance.
Should you choose, you may reconsider the adoption of Resolution No. 97-3 at the next
regular meeting of the Board of Aldermen to be held on Monday, April 14, 1997. Please advise
me promptly if you wish to include this on the agenda.
It is my understanding that none of the Town's consultants is currently engaged in any
project, except for Terry Morgan, so the Town will not be incurring ongoing expenses except in
connection with the matters discussed above.
By copy of this letter, I am respectfully requesting that Town Attorney Paul C. Isham take
the minimum necessary steps to prevent the Town's default in any of the above lawsuits and, if
possible, to obtain trial postponements to a date in the future that will allow the governing body
to timely consider whether it wishes to specially employ other trial counsel.
Respectfully yours,
Scott Bradley
Mayor
SB:dr
Enclosure
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
' RECEIVED
W 2 S 1007
r IV NO WESiLfV1C
,.. 9:00
RESOLUTION 9 7 - 3
WHEREAS, the number of consultants, attorneys, and advisors to the Town of Westlake
and the resulting expense to the Town have grown substantially over the last year. A comparison
of the actual expenses for the year ending September 30, 1996, with the proposed Town budget
for the year ending September 30, 1997 shows that these figures have increased excessively.
Legal fees are projected to more than double; planners' fees are projected to increase by over
40%; engineering fees are projected to increase by over 25%; and other "Professional/Consulting
Fees" are projected to increase by over 400%. Therefore, the Board of Aldermen believes that it
is time to review the need for, the performance of, and the expense associated with its
consultants, attorneys, and advisors, and to establish and define more clearly its relationship with
them in the future.
NOW THEREFORE BE IT RESOLVED by the Board of Aldermen of the Town of
Westlake:
SECTION 1. All contractual service arrangements, whether written or oral, with attomeys,
planners, consultants, advisors, and engineers, (with the exception of Metroplex Engineerino,
who are currently providing services to the Town of Westlake are hereby suspended and shall be
subject to a review by the Board of Aldermen and the Mayor over the period prior to April 15,
1997, with respect to the need for, expense of, and quality of such services. On or before April
15, 1997, the Board of Aldermen of the Town of Westlake shall review these contractual service
arrangements and take action either to:
(a) continue the existing contractual service arrangements with such persons and
firms;
(b) revise such contractual service arrangements by agreement with such persons
and firms in a manner deemed to be in the best interests of the Town of Westlake;
(c) terminate existing contractual service arrangements with such persons or firms
as deemed prudent and necessary; and/or
(d) retain such other persons or firms as may be deemed in the best interests of the
Town of Westlake.
SECTION 2. Pending completion of such review and action, the Town of Westlake directs that
after this date, no such attorneys, planners, consultants, advisors, or engineers (with the exception
of Metroplex Engineering) shall perform services or incur expenses on behalf of the Town of
Westlake without affirmative authorization by the Town of Westlake by the Board of Aldermen.
SECTION 3. That this Resolution shall take effect immediately, and it is so resolved.
Scott Bradley, Mayor
ATTEST:
Ginger Crosswy, Town Secretary
APPROVED AS TO FORM:
Town Attorney
To the Board of Aldermen
March 23, 1997
Page 3
Mr. Howard Dudley
1650 West Dove Road
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 616
RETURN RECEIPT REQUESTED,
HAND DELIVERY AND
FIRST CLASS UNITED STATES MAIL,
Mr. Al Oien
1440 West Dove Road
Westlake, Texas 76262
VIA CERTIFIED MALL 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
4105 Aspen Lane
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
To the Board of Aldermen
March 23, 1997
Page 4
Paul C. Isham, Esq.
317 College
Grand Prairie, Texas 75050
TOWN OF WSSTL68S
3 Village Grcle
Suite 207 Solana
Westlake. Texas 76262
c Metro (81 7) 430-0941
Fax (817) 430-1812
March 23, 1997
To the Board of Aldermen
Re: Ordinance No. 270
Gentlemen:
RECENED
MAR 2 3 ion"
TOWN OF WESTLAKF
lo:tog.n,.
Under the authority of Section 52.003 of the Local Government Code, Ordinance No. 270
is being returned, unsigned. This ordinance is illegal and would have no effect (even if I signed
it) for the following reasons:
I. Ordinance No. 237, adopted March 6, 1995, defined the Town's boundaries.
After the passage of two years, the law conclusively presumed that you gave your
consent to the incorporation into the Town's boundaries of all properties reflected
by the official map adopted under Ordinance No. 237.
2. Ordinance No. 270 purports to disannex certain properties which have been
conclusively presumed by law to be a part of the Town. Consequently, you must
follow the disannexation procedures set out in the Local Government Code if you
wish to disannex this territory.
3. The adoption of this ordinance would have the effect of disenfranchising voters and
disqualifying a candidate for the office of alderman. Further, it would deprive
those citizens excluded by this ordinance of the right to receive:
• Police, fire and emergency medical services;
• Garbage hauling services;
• Road repairs;
• Zoning controls; and
• Land use regulation,
as currently enjoyed by Westlake residents.
To the Board of Aldermen
March 23, 1997
Page 2
4. If this ordinance could otherwise become effective; it would leave open "holes" in
the Town that would be subject to no control or regulation. You adopted
Ordinance No. 237 for the primary purpose of preventing Southwestern Bell
Mobile Systems and others from constructing unregulated communications towers
within areas of the Town. Clearly, in the absence of the Town's jurisdiction, Mrs.
Parchman could now construct a tower for Southwestern Bell Mobile Systems on
her property. Others could engage in similar unregulated activities having adverse
effects on the Town and its citizens. After Wednesday's meeting, a resident whose
property would be excluded by this ordinance (not Mrs. Parchman) indicated that
he had been approached by Southwestern Bell Mobile Systems to sell his property
for construction of a tower. This is not speculation as to what will happen -- it is
a real manifestation of the real and the inevitable. Also, perhaps by the time you
receive this letter, Mr. Richard Myers will have conveyed his urgent concerns to
you (as he has to me).
5. You have been advised by the Town's legal counsel that Ordinance No. 237 was
effective to annex the Stagecoach Hills properties. Ordinance No. 270, which you
have stated is for the purpose of eliminating Don Redding as a candidate and
preventing Stagecoach Hills residents from voting in the municipal election on
May 3, 1997, attempts to "rescind and repeal" Ordinance No. 237. Under state
law, an ordinance may not be repealed if it affects vested rights.
6. I have been informed twice by Oscar Renda, a resident of Stagecoach Hills
subdivision, that he intends to bring a lawsuit against the Town and the aldermen
who are attempting to enforce this invalid ordinance. I believe he is sincere and
is not making idle threats. Because you have acted contrary to the advice of the
Town's attorney, I greatly fear that further attempts to enforce this ordinance will
subject both the Town and yourselves personally to liability. The Town does not
need another lawsuit. You know the expense of litigation from first hand
experience.
7. The election process has started. No candidate from Stagecoach Hills has applied
for the ballot except Don Redding. Consequently, Stagecoach Hills residents will
have the opportunity to elect only one representative to the Board of Aldermen,
under the best of circumstances. Certainly, they cannot control the Town with one
lone alderman. (I personally believe that Mr. Redding would represent the best
interests of all residents.)
1rd To the Board of Aldermen
March 23, 1997
Page 3
Please. Please reconsider your position and put the Town's welfare ahead of any personal
agenda. Now is the time to heal the division between us. It is important that we present a united
front in the mediation with Hillwood/Willow Bend, Ltd. and the Lake Turner Municipal Utility
Districts. We cannot afford to be divided. We shall be conquered lest we unite now for the good
of the Town and its residents (both present and future).
Respectfully yours,
Scott Bradley
Mayor
SB:dr
cc: Mr. Carroll Huntress
P. O. Box 593
Roanoke, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 607
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 168 362 606
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 168 362 605
RETURN RECEIPT REQUESTED,
HAND DELIVERY AND
FIRST CLASS UNITED STATES MAIL
To the Board of Aldermen
March 23, 1997
Page 4
Mr. Jerry Moore
P. O. Box 674
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 604
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 168 362 603
RETURN RECEIPT REQUESTED,
HAND DELIVERY AND
FIRST CLASS UNI'T'ED STATES MAIL
Ms. Ginger Crosswy
Town of Westlake
3 Village Circle, Suite 207
Westlake, Texas 76262
APR 1 4 ITP
TM OF WESTME
ORDINANCE NO. 0- '7 1
TOWN OF WESTLAKE
RECEIVED
APR 0 8 I.M7
TOWN OF WESTLAKE
1: va P. n..
AN ORDINANCE PRESCRIBING THE DUTIES AND POWERS OF THE MAYOR AND
DECLARING AN EFFETIVE DATE.
WHEREAS, Section 22.042 (a) of the Local Government Code authorizes the Board of
Aldermen to prescribe the duties and powers of the mayor; and
WHEREAS, the Board of Aldermen desires to prescribe the duties and powers of the Mayor.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN
OF WESTLAKE, TEXAS:
Section 1 - That all checks of more than $500.00 that are drawn on any of the Town's accounts
must be signed by the Town Secretary and two Aldermen.
Section 2 - That the Mayor shall not engage (or purport to engage) directly or indirectly any
attorneys or other consultants to represent the Town in any matter without the prior consent of
the Board of Aldermen.
Section 3 - That the Mayor shall include on any posted agenda (whether for a regular, called or
special meeting) any item requested by any Alderman.
Section 4 - That the Mayor shall continue any meeting (whether regular, called or special),
including a continuation to a specific date and time, as directed by the Board of Aldermen.
Section 5 - That this ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED THIS 0 DAY OF APRIL, 1997.
ATTEST
Ginger Crosswy, Town Secretary
APPROVED AS TO FORM
Scott Bradley, Mayor
Town Attorney
CAUSE NO. 97-50203-367
DONALD R. REDDING, § IN THE DISTRICT COURT OF
VS. § DENTON COUNTY, TEXAS
TOWN OF WESTLAKE § 367TH JUDICIAL DISTRICT
ORDER DENYING APPLICATION FOR TEMPORARY INJUNCTION
ON THIS DAY came on to be considered the application of Plaintiff for a temporary
injunction. Plaintiff appeared in person and by and through his attorney of record Tiffany
Heartling and Defendant and Intervenors appeared in person and by and through their attorney
of record, R. William Wood. After hearing the evidence and considering the arguments of
counsel, the Court is of the opinion that Plaintiff's application for temporary injunction should
be- DENIED; and accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff's application for temporary injunction
be, and the same is hereby denied; and the temporary restraining order previously entered is
hereby dissolved.
SIGNED this 'J day of April, 1997 at S.'/O
Motion to Dissolve TRO and to Shorten Time - page 1
o'clock p.m.
42
JUDGE PRESIDING