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Home My WebLink About05-05-97 TC Min223 TOWN OF WESTLAKE MINUTES OF THE REGULAR MEETING OF THE BOARD OF ALDERMEN MAY 5, 1997 Present: Scott Bradley, Mayor Fred Held, Member Charla Bradshaw, Alderman -elect Abe Bush, Jr., Alderman -elect Bill Wood Ginger Crosswy, Town Secretary Absent: Carroll Huntress Al Oien Howard Dudley Jerry Moore The meeting was called to order at 7:10 p.m. by Mayor Scott Bradley. Mayor Bradley stated for the record that he is acting as Mayor under the Rules of Justice Court which provides that no judgment is final until the 10 day appeal period is over. Mayor Bradley then told the audience that the reason we were meeting in the meeting room is that the locks had been changed to the Town Hall this afternoon at Dale White's instructions and the Town Secretary had not been given a key. Mayor Bradley then asked Bill Wood if he would call Maguire Partners to open the door and Mr. Wood responded that he would not. Mayor Bradley then read to the assembly a letter to the Board of .Aldermen that he had filed with the Town Secretary before the meeting stating that the meeting of May 2, 1997, was an unlawful meeting. Mayor Bradley also read a letter being sent to the Mayors and Council members of Fort Worth, Keller, Trophy Club, Roanoke and Southlake stating that the purported disannexations were illegal and no one should take any steps to start the annexation process concerning land that rightfully belongs to Westlake. Copies of the letters are attached and made part of these minutes. Item # 1: Citizens' Presentations: No one wished to address the Board. Item #3: Consider an ordinance canvassing the results of the May 3, 1997 election of three Aldermen. The Town Secretary read the election results. Mayor Bradley then read the Order canvassing the election. Item #4: Administer the oath of office to newly elected officers. The Town Secretary administered the Oath of Office to the newly elected Aldermen, Fred Held, Charla Bradshaw and Abe Bush, Jr. The meeting was adjourned at 7:37 p.m. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary ORDER AN ORDER CANVASSING ELECTION RETURNS OF ELECTION HELD ON MAY 3, 1997, TO ELECT THREE (3) ALDERMEN TO THE BOARD OF ALDERMEN OF WESTLAKE, TEXAS. WHEREAS, an election was duly ordered to be held in the Town of Westlake, Texas, on the 3`d day of May, 1997, for the purpose of electing three (3) Aldermen for two (2) year terms to the Board of Aldermen of the Town of Westlake, Texas; that proper notice of the election was duly given; that proper election officers were duly appointed prior to the election; that the election was duly held; that due returns of the result of the election have been made and delivered; and that the below listed officers of the Town of Westlake have duly canvassed the returns; all in accordance with law; and WHEREAS, the below listed officers of the Town of Westlake officially find and determine that only resident, qualified electors of the Town were allowed to vote at the election and the following votes were cast at the election for each candidate and write-in, there being no other person receiving any votes at this election. ALDERMEN: Charla Bradshaw 106 votes Fred Held 99 votes Abe Bush 89 votes Don Redding 34 votes Al Oien- 34 votes THEREFORE, the undersigned officially find, determine and declare the results of the election to be that Charla Bradshaw, Fred Held, and Abe Bush are elected as Aldermen for two (2) year terms, and each received the proper number of votes to be elected; and that each of them are elected to the ' Board of Aldermen of the Town of Westlake in accordance with law. Signed and executed this .5TH day of May, 1997. Scott Bradley, Mayor Fred Held, Alderman ATTEST: Ginger Crosswy, Town Secretary AN ORDER CANVASSING ELECTION RETURNS OF ELECTION HELD ON MAY 3, 1997, TO ELECT THREE (3) ALDERMEN TO THE BOARD OF ALDERMEN OF WESTLAKE, TEXAS. WHEREAS, an election was duly ordered to be held in the Town of Westlake, Texas, on the P day of May, 1997, for the purpose of electing three (3) Aldermen for two (2) year terms to the Board of Aldermen of the Town of Westlake, Texas; that proper notice of the election was duly given; that proper election officers were duly appointed prior to the election; that the election was duly held; that due returns of the result of the election have been made and delivered; and that the below listed officers of the Town of Westlake have duly canvassed the returns; all in accordance with law; and WHEREAS, the below listed officers of the Town of Westlake officially find and determine that only resident, qualified electors of the Town were allowed to vote at the election and the following votes were cast at the election for each candidate and write-in, there being no other person receiving any votes at this election. ALDERMEN: Charla Bradshaw 106 votes Fred Held 99 votes Abe Bush 89 votes Don Redding 34 votes Al Oien: 34 votes THEREFORE, the undersigned officially find, determine and declare the results of the election to be that Charla Bradshaw, Fred Held, and Abe Bush are elected as Aldermen for two (2) year terms, and each received the proper number of votes to be elected; and that each of them are elected to the ' Board of Aldermen of the Town of Westlake in accordance with law. Signed and executed this 5th day of May, 1997. ATTEST: Ginger Crosswy, Town Secretary Scott Bradley, Mayor Fred Held, Alderman TOWN OF WSSTLAKE 3 Village Circle Suite 207 Solana Westlake, Texas 76262 Metro (817) 430-0941 Fax (817) 430-1812 May 5, 1997 City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club Ladies and Gentlemen: You are hereby requested to refrain from taking any further actions with respect to any lands of the Town of Westlake purportedly disannexed or disgorged (in any manner) from the Town at an unlawfully held meeting of the Westlake Board of Aldermen on May 2, 1997. All actions taken at that meeting were a nullity for the following reasons: 1. The purported removal of the mayor of the Town on April 29, 1997, was an unconstitutional proceeding and as such, was a nullity. The meeting was improperly noticed and violated the Open Meetings Act. Additionally, an appeal of the judgment has been taken, meaning that the judgment of the Aldermen's "court" has not taken effect. All actions based on the premise that the mayor was lawfully removed will be a nullity. 2. The special meeting held by the Board of Aldermen on May 2, 1997, was not called by the lawful mayor and therefore could not have been a lawfully called meeting. 3. The actions taken at the May 2nd meeting were pursuant to an arranged plan agreed upon by Aldermen Huntress, Oien, Dudley and Moore and Dale L. White prior to the meeting in violation of the Open Meetings Act. All actions taken at the meeting therefore were voidable. 4. Aldermen Huntress, Oien, Dudley and Moore each had a conflict of interest that prohibited him from voting on any of the matters on the agenda, so there was not a sufficient quorum to vote on any of the issues. Consequently, these actions were voidable. City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 2 5. Wood, Thacker & Weatherly, the law firm representing Aldermen Huntress, Oien, Dudley and Moore, had an irreconcilable conflict that tainted the proceedings to such a degree that all actions taken at the meeting were void as a matter of law. 6. The lawful mayor did not consent to any of the purported disannexations. 7. The lawfully constituted mayor of the Town has exercised the veto under the authority of Section 52.003 of the Local Government Code with respect to each action taken at the May 2nd meeting. Any cities and any persons taking further steps to assist or implement the destruction of the Town of Westlake will be held accountable in a court of law. Respectfully yours, Scott Bradley Mayor SB:dr cc: Mayor Kenneth Barr City of Fort Worth 1000 Macon Street Fort Worth, Texas 76102 VIA CERTIFIED MAIL NO. P 168 362 511 RETURN RECEIPT REQUESTED Councilman Jim Lane City of Fort Worth 204 West Central Avenue Fort Worth, Texas 76106 VIA CERTIFIED MAIL NO. P 168 362 512 RETURN RECEIPT REQUESTED City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 3 Councilman Chuck Silcox City of Fort Worth P.O. Box 16889 Fort Worth, Texas 76102 VIA CERTIFIED MAIL NO. P 168 362 513 RETURN RECEIPT REQUESTED Councilwoman Becky Haskin City of Fort Worth 304 Havenwood Lane North Fort Worth, Texas 76112 VIA CERTIFIED MAIL NO. P 168 362 514 RETURN RECEIPT REQUESTED Councilman Eugene McCray City of Fort Worth 6009 Maceo Lane Fort Worth, Texas 76112 VIA CERTIFIED MAIL NO. P 168 362 515 RETURN RECEIPT REQUESTED Councilwoman Jewel Woods City of Fort Worth 6125 Wales Court Fort Worth, Texas 76133 VIA CERTIFIED MAIL NO. P 168 362 516 RETURN RECEIPT REQUESTED Councilman Bill Woods City of Fort Worth 309 West 7th Street Fort Worth, Texas 76102 VIA CERTIFIED MAIL NO. P 168 362 517 RETURN RECEIPT REQUESTED City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 4 Councilwoman Virginia Nell Webber City of Fort Worth 1204 East Terrell Fort Worth, Texas 76104 VIA CERTIFIED MAIL NO. P 168 362 518 RETURN RECEIPT REQUESTED Councilwoman Cathy Hirt City of Fort Worth 2530 Ryan Place Drive Fort Worth, Texas 76110 VIA CERTIFIED MAIL NO. P 168 362 519 RETURN RECEIPT REQUESTED Mayor Rick Stacy City of Southlake 1000 West Southlake Boulevard Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 520 RETURN RECEIPT REQUESTED Councilman W. Ralph Evans City of Southlake 315 North Shady Oaks Drive Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 521 RETURN RECEIPT REQUESTED Councilman Wayne Moffat City of Southlake 1414 Whispering Dell Court Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 522 RETURN RECEIPT REQUESTED City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 5 Councilwoman Pamela Muller City of Southlake 214 Westwood Drive Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 523 RETURN RECEIPT REQUESTED Councilman David Harris City of Southlake 920 Ownby Lane Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 524 RETURN RECEIPT REQUESTED Councilman Gary Fawks City of Southlake 330 Ravenaux Drive Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 525 RETURN RECEIPT REQUESTED Councilman Scott F. Martin City of Southlake 591 East Dove Road Southlake, Texas 76092 VIA CERTIFIED MAIL NO. P 168 362 526 RETURN RECEIPT REQUESTED Mayor Jim Carter Town of Trophy Club 204 Fresh Meadow Trophy Club, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 527 RETURN RECEIPT REQUESTED City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 6 Mayor Pro Tem Doug Glaspell Town of Trophy Club 108 Oakmont Drive Trophy Club, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 528 RETURN RECEIPT REQUESTED Councilman Edwin "Cotton" Moore Town of Trophy Club 4 Greenbriar Court Trophy Club, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 529 RETURN RECEIPT REQUESTED Councilwoman Susan McCabe Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 530 RETURN RECEIPT REQUESTED Councilman Marshall Engeibeck Town of Trophy Club 111 Forest Hill Drive Trophy Club, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 531 RETURN RECEIPT REQUESTED Councilman Edwin Decker Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 532 RETURN RECEIPT REQUESTED City of Fort worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 7 Mayor Joe Grace City of Roanoke 331 Alyse Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 533 RETURN RECEIPT REQUESTED Councilman Mike Pinkard City of Roanoke 325 Alyse Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 534 RETURN RECEIPT REQUESTED Councilman Carl (Scooter) Gierisch, Jr. City of Roanoke 400 Rusk Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 268 362 535 RETURN RECEIPT REQUESTED Councilman Randy Corn City of Roanoke 305 Darrell Road Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 536 RETURN RECEIPT REQUESTED Councilman Steve Harris City of Roanoke 602 Main Street Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 537 RETURN RECEIPT REQUESTED City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 8 Councilman Toby Alsip 604 Meadow Lane Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 538 RETURN RECEIPT REQUESTED Mayor Ron Lee City of Keller P.O. Box 1357 Keller, Texas 76244 VIA CERTIFIED MAIL NO. P 168 362 539 RETURN RECEIPT REQUESTED Mayor Pro Tem John Conrad City of Keller 1501 Stanton Court Keller, Texas 76244 VIA CERTIFIED MAIL NO. P 168 362 540 RETURN RECEIPT REQUESTED Councilman Ken Hill City of Keller 716 Cliffmoor Drive Keller, Texas 76248 VIA CERTIFIED MAIL NO. P 168 362 541 RETURN RECEIPT REQUESTED Councilman Dave Phillips City of Keller 1355 Melody Lane Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 542 RETURN RECEIPT REQUESTED City of Fort Worth City of Roanoke City of Keller City of Southlake Town of Trophy Club May 5, 1997 Page 9 Councilman Pat McGrail City of Keller 1607 Tealcrest Court Keller, Texas 76248 VIA CERTIFIED MAIL NO. P 168 362 543 RETURN RECEIPT REQUESTED Councilman Doyle Landers City of Keller 2075 Rodeo Court Keller, Texas 76248 VIA CERTIFIED MAIL NO. P 168 362 544 RETURN RECEIPT REQUESTED