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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