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HomeMy WebLinkAbout05-09-97 TC Min234 TOWN OF WESTLAKE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF ALDERMEN MAY 9, 1997 Present: Dale White Carroll Huntress Al Oien Howard Dudley Jerry Moore Fred Held Charla Bradshaw Abe Bush, Jr. Scott Bradley Bill Wood Jane Thacker Ernie Hedgcoth Terry Morgan Paul Isham Ginger Crosswy Absent: No one The meeting was called to order by Dale White at 11:15 a.m. Terry Morgan addressed the Board requesting that the election results be canvassed and the newly elected officers be sworn in and seated. Tim Barlow stated that he represented Ms. Bradshaw and he also requested that the new Board be seated. Bill Wood stated that the Board will follow the laws and the agenda and the newly elected officers will be sworn in at the end of the meeting. Fred Held told the Board that if the new Aldermen are not installed he would absent himself from the meeting. Item 92: There was a motion by Carroll Huntress, seconded by Howard Dudley, to approve the minutes of the May 2, 1997, and the May 8, 1997, meeting as written. Motion carried 4 - 0 Item # 1: a. thru s. as attached in Exhibit A, will be considered together. Motion by Carroll Huntress, seconded by Howard Dudley, to ratify, reconsider, approve and pass Ordinance No.'s 272 thru 277 and Resolution No.'s 97-5 thru 97-17 to eliminate any public confusion regarding the effect of the unauthorized actions of Mr. Bradley. Motion carried 4 - 0 235 May 9, 1997 Special Meeting Page 2 t, u & v. Mr. White stated that Jerry Moore would abstain during this vote. Mr. Huntress moved that Ordinance No. 278 and Resolution No. 97-18 and 97- 19 be ratified, reconsidered, approved and passed to eliminate any public confusion. There was a second by Howard Dudley. Motion carried 3 - 0 1 abstention w, x & y. Mr. White stated that Mr. Dudley would abstain during this vote. Motion by Carroll Huntress, seconded by Jerry Moore, to ratify, reconsider, approve and pass Ordinance No. 279 and Resolution No.'s 97-20 and 97-21 to eliminate any public confusion. Motion carried 3 -0 1 abstention z, as & bb. Mr. White stated that Mr. Oien would abstain during this vote. Motion by Carroll Huntress, seconded by Howard Dudley, to ratify, reconsider, approve and pass Ordinance No. 280 and Resolution No.'s 97-22 and 97-23 to eliminate any public confusion. Motion carried 3 -0 1 abstention cc, dd & ee. Mr. White stated that Mr. Huntress would abstain during this vote. Motion by Howard Dudley, seconded by Al Oien, to ratify, reconsider, approve and pass Ordinance No. 281 and Resolution No.'s 97-24 and 97-25 to eliminate any public confusion. Motion carried 3 -0 1 abstention ff, gg & hh. Mr. Huntress assumed the chair and stated that the ordinance and resolutions being considered concerned Mr. White's property. Motion by Howard Dudley, seconded by Jerry Moore, to ratify, reconsider, approve and pass Ordinance No. 282 and Resolution No.'s 97-26 and 97-27 to eliminate any public confusion. Motion carried 4 - 0 ii. Ordinance No. 283 - "Ordinance Repealing Ordinance No. 149," which ordinance repealed the grant of a franchise to the Lake Turner Water Supply Corporation and terminated such franchise. Motion by Carroll Huntress, seconded by Al Oien, to adopt Ordinance 283 which repeals Ordinance 149. Motion carried 4 - 0 236 May 9, 1997 Special Meeting Page 3 jj. Resolution No. 97-28 approving the settlement of the boundary disagreement lawsuit between the Town of Westlake and the City of Roanoke. Motion by Carroll Huntress, seconded by Howard Dudley, to ratify Resolution No. 97-28. Motion carried 4 - 0 kk. Ordinance No. 284 adopting a new official map of the Town of Westlake reflecting the effect of the above -identified disannexation ordinances and orders. Bill Wood presented the corrected map of May 2, 1997. Motion by Carroll Huntress, seconded by Howard Dudley, to ratify and approve as corrected the map of May 2, 1997. Scott Bradley questioned whether this was the same map that was approved on May 2, 1997? Mr. Huntress stated that this was a corrected map. Motion carried 4 - 0 The Board recessed the meeting to go into executive session at 11:40 a.m. The meeting reconvened into open session at 11:59 a.m. Item #4: Consider and take action necessary with respect to any pending litigation involving the Town and the Aldermen. No action was taken on this item. Item #5: Consider and take action necessary with respect to the request of Scott Bradley for a rehearing or new trial on his removal, and on any other matters relating to such removal proceeding or other litigation involving Mr. Bradley. Motion by Carroll Huntress, seconded by Al Oien, to deny Mr. Bradley's request for a new trial. Motion carried 4 - 0 Item 96: Consider and take necessary action to approve the payment of legal fees in connection with any pending litigation involving the Town and the Aldermen. Motion by Al Oien, seconded by Howard Dudley, to approve the actions taken by Carroll Huntress to accomplish the payment of legal fees in connection with the litigation. Abe Bush asked from the audience what actions were taken by Mr. Huntress. Bill Wood told the assembly that this approved the action of Mr. Huntress in signing the checks to his firm in paying fees approved by the Board at previous meetings. Motion carried 4 - 0 Item #7: Canvass the votes from the May 3, 1997 election. The Town Secretary read the results of the May 3, 1997 election. Bill Wood stated that there were 62 237 May 9, 1997 Special Meeting Page 4 challenged votes and the Board believes that without these votes Mr. Oien would have retained his seat on the Board. Mr. Wood further stated that since the Town Secretary had failed to follow the instruction of the Town attorney in segregating the ballots, there is no way to know. Therefore in Mr. Wood's opinion the Board has no choice but to declare the results pursuant to the tally that the Secretary had read. Item #8: The oaths of office were administered to the newly elected officers by a notary from Mr. Wood's office. Motion by Carroll Huntress, seconded by Howard Dudley, to adjourn. Motion carried 4 - 0 The meeting was adjourned at 12:10 p.m. These minutes were never approved by any Board of Aldermen 238 On February 13, 1998, Judge Fred Davis of the 1r Judicial District Court of Tarrant County, Texas, entered a Final Judgment in case #17-169048-97 styled Town of Westlake, Texas vs. City of Fort Worth, Texas, as follows: ORDERED, ADJUDGED AND DECREED the Motion for Summary Judgment of Plaintiff Town of Westlake, Texas is hereby GRANTED, in part, and that the purported disannexations and releases of extraterritorial jurisdiction by Westlake on May 2, 1997 are void, the land purportedly disannexed or released from Westlake on May 2, 1997 remains within the corporate limits of Westlake and all ordinances, resolutions, and agreements by Fort Worth related to such property are void as stated in Paragraph III.1 of Westlake's Motion for Summary Judgment because the purported disannexations on May 2, 1997: (1) violated Section 22.040 of the Local Government Code as stated in Paragraph IH.3(d) of Westlake's Motion for Summary Judgment and (2) left islands of incorporated land or extraterritorial jurisdiction in Westlake in violation of the law as stated in Paragraph IH.3(a) and HI.3(b) of Westlake's Motion for Summary Judgment. Further, Westlake Ordinance 286 to ratify the purported disannexations and releases on May 9, 1997 is void for failure to seat the new board members at the beginning of that meeting as stated in Paragraph IH.2( c) Westlake's Motion for Summary Judgment. The Motions for Summary Judgment of Hillwood and Fort Worth are DENIED to the extent they seek to dismiss these claims for relief; it is further ORDERED, ADJUDGED AND DECREED that, Hillwood, their attorneys, successors, officers, agents, servants, employees, affiliated entities and any other person, firm or corporation claiming an interest in the property with them are enjoined and restrained from constructing any improvements or breaking any ground on any of the property which was purportedly disannexed or released from Westlake on May 2, 1997 or May 9, 1997 without first obtaining any and all authorizations or approvals from Westlake required by law for such activity. NOTICE OF SPECIAL MEETING TO THE CITIZENS OF THE TOWN OF WESTLAKE: NOTICE that the Mayor of the Town of Westlake hereby gives notice of a Special Meeting of the Board of Aldermen of the Town of Westlake, Texas, to be held at 11:00 A.M. on Friday, May 9, 1997, in the Town Hall of the Town of Westlake, Texas, 3 Village Circle, Suite 207, Solana, in the Town of Westlake, Texas. The agenda for the Special Meeting is as follows: 1. Scott Bradley, the former mayor, continues to misrepresent to the citizens of Westlake and to the public at large that he has the authority to act on behalf of the Town. As a private citizen he has returned various ordinances and resolutions passed by the Board of Aldermen at its May 2nd meeting. Notwithstanding Mr. Bradley's continued illegal acts, the Board will take action necessary to reconsider and ratify all of the ordinances and resolutions duly passed at the May 2nd meeting as follows: a. Ordinance No. 272 - "Ordinance and Order Disannexing Land," which ordinance disannexed a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. b. Resolution No. 97-5 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a portion of the approximately 2,660 acre -tract commonly known as the Circle T Ranch. C. Resolution No. 97-6 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. d. Resolution No. 97-7 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. -1- e. Qrdinance No. 273 - "Ordinance and Order Disannexing Land," which ordinance disannexed a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. f. Resolution No. 97-8 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. i g. Resolution No. 97-9 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. h. Qrdinance No. 274 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 22 acres of land owned by Charles and Linda Slocum. i. Resolution No. 97-10 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 22 acres of land owned by Charles and Linda Slocum. j. Resolution No. 97-11 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) approximately 22 acres of land owned by Charles and Linda Slocum. k. Qrdinance No. 275 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 19 acres of land owned by Wayne Hoover. 1. Resolution No. 97-12 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 19 acres of land owned by Wayne Hoover. M. Resolution No. 97-13 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) approximately 19 acres of land owned by Wayne Hoover. -2- n. Ordinance No. 276 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. o. Resolution No. 97-14 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. p. Resolution No. 97-15 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. q. Ordinance No 277 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 19 acres of land owned by HCA Columbia Hospital Corporation. r. Resolution No. 97-16 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 19 acres of land owned by HCA Columbia Hospital Corporation. S. Resolution No. 97-17 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) approximately 19 acres of land owned by HCA Columbia Hospital Corporation - t. Ordinance No. 278 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. U. Resolution No. 97-18 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. V. Resolution No. 97-19 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. -3- W. Ordinance No. 279 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 115 acres of land owned by Howard and Sherry Dudley. X. Resolution No. 97-20 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 115 acres of land owned by Howard and Sherry Dudley. Y. Resolution No. 97-21 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 115 acres of land owned by Howard and Sherry Dudley. Z. Qrdinance No. 280 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 40 acres of land owned by Alvin and Carol Oien. aa. Resolution No. 97-22 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 40 acres of land owned by Alvin and Carol Oien. bb. Resolution No. 97-23 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 40 acres of land owned by Alvin and Carol Oien. CC. Ordinance No. 281 - "Ordinance and Order Disannexing Land," which ordinance disannexed a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. dd. Resolution No. 97-24 - "Resolution Unconditionally Releasing ,Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. ee. Resolution No. 97-25 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. -4- ff. Qrdinance No. 282 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 22 acres of land owned by Dale and Wanda White. gg. Resolution No 97-26 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 22 acres of land owned by Dale and Wanda White. i hh. Resolution Na -97-27 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 22 acres of land owned by Dale and Wanda White. ff. Ordinance No. 283 - "Ordinance Repealing Ordinance No. 149," which ordinance repealed the grant of a franchise to the Lake Turner Water Supply Corporation and terminated such franchise. jj. Resolution No. 97-28 approving the settlement of the boundary disagreement lawsuit between the Town of Westlake and the City of Roanoke. kk. Ordinance No. 284 adopting a new Official Map of the Town of Westlake reflecting the effect of the above -identified disannexation ordinances and orders. 2. Review and approve meeting minutes from the May 8, 1997, meeting of the Board of Aldermen and, if necessary, review and approve meeting minutes from the May 2, 1997, meeting of the Board of Aldermen. 3. FXECUTIVE SESSION: The Board will conduct a closed session under the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, to seek and receive its attorney's advice with regard to pending litigation involving the Town and the Aldermen (including the lawsuits filed by the Town of Roanoke, Don Redding, Oscar Renda, Scott Bradley, and David Brown). The Town will also seek and receive its attorney's advice with regard to Scott Bradley's request for a rehearing on his removal as mayor of the Town. 4. Consider and take action necessary with respect to any pending litigation involving the Town and the Aldermen. 5. Consider and take action necessary with respect to the request of Scott Bradley for a rehearing or new trial on his removal, and on any other matters relating to such removal proceeding or other litigation involving Mr. Bradley. -5- 6. Consider and take necessary to approve the payment of legal fees in connection with any pending litigation involving the Town and the Aldermen. 7. Canvass the votes from the May 3, 1997 election. 8. Administer the Oaths of Office for the newly elected members of the Board of Aldermen. CERTIFICATION: I hereby certify this Notice of Special Meeting has been given to each member of the Board of Aldermen, the Mayor, the City Secretary, and the Town Attorney in accordance with Section 22.038 of the Texas Local Government Code. I hereby further certify that this Notice Of Special Meeting was posted on the front door of the Town Hall of the Town of Westlake, Texas, 3 Village Circle, Suite 207, Solana, in the Town of Westlake, Texas, on Tuesday, May 6, 1997, at JL,.O-p A.M. in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. D.White, Mayor -6- TOWN Of WSSTZR88 3 Village Circle Suite 207 Solana Westlake, Texas 76262 Q Mdtro (817) 430-0941 Fax (8 17) 430-1812 May 12, 1997 To the Board of Aldermen FLECEMD MAY 1 7 1997 TOWN OF WESTIAKE -7,- 5.? A a)6. Re: Unlawful Meeting Held May 9, 1997 that was presided over by Dale White Gentlemen: Under the authority of Section 52.003 of the Local Government Code, I have disapproved all ordinances, resolutions and actions adopted at the purported Board of Aldermen meeting held May 9, 1997 that was presided over by Dale White. The meeting was not called in accordance with Local Government Code § 22.038. The meeting could have been called only by the lawful mayor. Of course, this did not occur. Messrs. Moore and Oien were not eligible to sit as Aldermen at the meeting because Aldermen Bradshaw and Bush had already been sworn into office under the law. Since only two qualified Aldermen (Messrs. Huntress and Dudley) were present, there was no quorum. It is noted that Aldermen Bradshaw and Bush, though present, were denied any participation in that meeting. If a Court were to uphold the disannexation of the Solana complex, then the meeting held May 9, 1997, in the Solana complex would be void as a matter of law because the meeting would have been held outside the Town limits in violation of the Open Meetings Act. The lawful mayor did not consent to the disannexation of any property from the Town. The actions taken at the meeting were in furtherance of a conspiracy to remove the mayor from office to clear the way for the destruction of the Town by a series of disannexations. The intended beneficiary of the purported disannexations may not, therefore, reap the profits of the illicit scheme launched by, inter alia, Messrs. White, Huntress, Oien, Dudley and Moore. This veto includes but is not limited to the following: Ordinance No. 272 (Ordinance and Order Disannexing Land) To the Board of Aldermen May 12, 1997 Page 2 • Resolution No. 97-5 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-6 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Resolution No. 97-7 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 273 (Ordinance and Order Disannexing Land) • Resolution No. 97-8 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-9 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 274 (Ordinance and Order Disannexing Land) • Resolution No. 97-10 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-11 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 275 (Ordinance and Order Disannexing Land) • Resolution No. 97-12 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-13 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 276 (Ordinance and Order Disannexing Land) • Resolution No. 97-14 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) To the Board of Aldermen May 12, 1997 Page 3 • Resolution No. 97-15 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 277 (Ordinance and Order Disannexing Land) • Resolution No. 97-16 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-17 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 278 (Ordinance and Order Disannexing Land) • Resolution No. 97-18 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-19 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 279 (Ordinance and Order Disannexing Land) • Resolution No. 97-20 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-21 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction • Ordinance No. 280 (Ordinance and Order Disannexing Land) • Resolution No. 97-22 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) • Resolution No. 97-23 (Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction) • Ordinance No. 281 (Ordinance and Order Disannexing Land) • Resolution No. 97-24 (Resolution Unconditionally Releasing Extraterritorial Jurisdiction) To the Board of Aldermen May 12, 1997 Page 5 cc: Mr. Carroll Huntress P. O. Box 593 Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 566 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 567 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL Mr. Al Oien 1440 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 568 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL Mr. Jerry Moore P. O. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 569 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 570 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL To the Board of Aldermen May 12, 1997 Page 6 Charla Bradshaw, Esq. 1925 Pearson Lane North Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 571 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL Mr. Abe A. Bush, Jr. 2220 North Pearson Lane Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 168 362 572 RETURN RECEIPT REQUESTED, AND FIRST CLASS UNITED STATES MAIL 245 TOWN OF WESTLAKE MINUTES OF THE EMERGENCY MEETING OF THE BOARD OF ALDERMEN MAY 9, 1997 Present: Charla Bradshaw, Member Fred Held, Member Abe Bush, Jr., Member Paul Isham, Town Attorney Terry Morgan, Town Legal Counsel Ernie Hedgcoth, Town Engineer Ginger Crosswy, Town Secretary Scott Bradley, Mayor Absent: Dale White Carroll Huntress Howard Dudley The emergency meeting of the Board of Aldermen was called to order at 5:17 p.m. by Alderman Bradshaw. Ms. Bradshaw then read into the record the following: The urgent public necessity for the emergency meeting is that the outgoing Board of Aldermen has attempted to dismantle the Town by purporting to disannex over 80% of the Town's area and almost all of the Town's tax base; and, other cities and other entities may act in response to the former Board's illegal actions. Item 92: Appoint a chair of the meeting. Motion by Alderman Held, seconded by Alderman Bush, to appoint Alderman Bradshaw as chair of this meeting. Motion carried unanimously. Item #3: Consider the motion of Scott Bradley for a new trial and order on same. The Aldermen constituted themselves into a court under Section 21.002 of the Local Government Code for the purpose of considering and taking action on Mayor Scott Bradley's motion for new trial in connection with the judgment entered April 29, 1997, on that certain complaint filed April 14, 1997, by Alderman Howard Dudley. Mayor Bradley addressed the Board, reading the motion that was filed with the Town on May 5, 1997, requesting a new trial. Motion by Alderman Bradshaw, seconded by Alderman Held, to grant a new trial to Mayor Bradley. Motion carried unanimously. Chairperson Bradshaw then stated that the judgment of the Aldermen entered in this case on April 29, 1997, is hereby vacated and a new trial is granted in all respects. The new Board of Aldermen then signed the order granting a new trial, a copy of which is attached and made part of these minutes. 246 May 9, 1997 Emergency Meeting Page 2 Item #4: Consider and take action to terminate Wood, Thacker & Weatherly as Town Attorney in accordance with Texas Local Government Code Section 22.077. Motion by Alderman Bradshaw, seconded by Alderman Bush, to terminate Wood, Thacker & Weatherly on the grounds including, but not limited to: that firm having a conflict of interest in representing the best interest of the Town, representing the individual Aldermen; representing the Lake Turner MUD'S on various occasions; not being properly appointed to represent the Town; and not acting in the Town's best interest. Motion carried unanimously. Item #5: Consider and take action to hire and reinstate Paul C. Isham, Esq. as Town Attorney. Motion by Alderman Bush, seconded by Alderman Held, to hire and reinstate Paul C. Isham, Esq. as Town Attorney. Motion carried unanimously. Item #6: Consider and take action to hire Terry Morgan and Freilich, Morgan, Leitner & Carlisle as Special Counsel to the Town for some of the pending and contemplated litigation matters; and to consider and take action to reinstate Terry Morgan and Freilich, Morgan, Leitner & Carlisle as counsel for the Town regarding land use matters. Motion by Alderman Bradshaw, seconded by Alderman Bush, to hire Terry Morgan and Freilich, Morgan, Leitner & Carlisle, and to reinstate Terry Morgan and Freilich, Morgan, Leitner & Carlisle regarding land use matters. Motion carried unanimously. Jack Walton of 13325 Thornton Drive in Stagecoach Hills, addressed the Board saying that the mistrust of government in the nation starts at the local level, and he is proud to see a Board of Aldermen listening to and working with the residents. Item #7: The Board convened into Executive Session at 5:34 p.m. to seek or receive its attorneys' advice with regard to pending or contemplated litigation as follows: City of Roanoke vs. Town of Westlake Don Redding vs. Town of Westlake, et al Oscar Renda vs. Town of Westlake, et al Scott Bradley vs. Carroll Huntress, et al Town of Westlake vs. Ginger Crosswy David Brown vs. Carroll Huntress, et al Contemplated litigation against individuals and entities regarding disannexation. 247 May 9, 1997 Emergency Meeting Page 3 The Board reconvened into open session at 6:38 p.m. Chairperson Bradshaw stated that the Board is going to take every action necessary to protect the integrity of the Town. Item #8: Consider and take action necessary with respect to any of the pending litigation in item 7 above or other contemplated actions against parties involved in actions to destroy the Town. Motion by Alderman Bradshaw, seconded by Alderman Bush, to substitute new Town attorney Paul C. Isham in all currently pending litigation in which Wood, Thacker & Weatherly or any attorney from their firm has appeared for the Town. Motion carried unanimously. Motion by Alderman Bradshaw, seconded by Alderman Held, to terminate all counsel engaged by Wood, Thacker & Weatherly to take any action with regard to representing the Town of Westlake or any Alderman in their official capacity. Motion carried unanimously. Motion by Alderman Bradshaw, seconded by Alderman Bush, to terminate the law firms of Kelly, Hart & Hallman, and Fielding, Barrett & Taylor and George Staples with regard to any representation of the Town of Westlake or any Alderman in their official capacity. Motion carried unanimously. Motion by Alderman Bradshaw, seconded by Alderman Held, to authorize Town attorney Paul Isham and special counsel Terry Morgan to take any appropriate action that they deem necessary to protect the Town, the Town's legal position and the Town as described in ordinance no. 253. Motion carried unanimously. Item #9: Motion by Alderman Bradshaw, seconded by Alderman Held, to adjourn. Motion carried unanimously. The meeting was adjourned at 6:40 p.m. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary 239 TOWN OF WESTLAKE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF ALDERMEN MAY 9, 1997 Present: Charla Bradshaw, Member Fred Held, Member Abe Bush, Jr., Member Scott Bradley Terry Morgan Paul Isham Ernie Hedgcoth, Town Engineer Ginger Crosswy, Town Secretary The meeting was convened by the newly elected Board of Aldermen at 12:30 p.m. Terry Morgan told the assembly that any actions taken on today's agenda do not represent acknowledgment that the meeting held prior to this and convened by Mr. White and four of the Aldermen that have vacated their seats was a valid meeting. Nonetheless, in the anticipation that it will be claimed to be such, the duly elected Board who took office prior to today's meeting will take action as necessary on the agenda items. Motion by Abe Bush, seconded by Fred Held, to appoint Charla Bradshaw as chairperson for this meeting. Motion carried unanimously. Item #1: a. Motion by Alderman Bradshaw, seconded by Abe Bush, to deny or in the alternative repeal Ordinance No. 272. Motion carried unanimously. b. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-5. Motion carried unanimously. c. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-6. Motion carried unanimously. d. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-7. Motion carried unanimously. e. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 273. Motion carried unanimously. May 9, 1997 Special Meeting Page 2 f. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-8. Motion carried unanimously. g. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution 97-9. Motion carried unanimously. h. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Ordinance 274. Motion carried unanimously. i. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-10. Motion carried unanimously. j. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-11. Motion carried unanimously. k. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 275. Motion carried unanimously. 1. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-12. Motion carried unanimously. m. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-13. Motion carried unanimously. n. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Ordinance No. 276. Motion carried unanimously o. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-14. Motion carried unanimously. 241 May 9, 1997 Special Meeting Page 3 p. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-15. Motion carried unanimously. q. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 277. Motion carried unanimously. r. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-16. Motion carried unanimously. s. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-17. Motion carried unanimously. t. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Ordinance No. 278. Motion carried unanimously. u. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-18. Motion carried unanimously. v. Motion by Alderman Bradshaw, seconded by Alderman Heid, to deny or in the alternative repeal Resolution No. 97-19. Motion carried unanimously. w. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 279. Motion carried unanimously. x. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-20. Motion carried unanimously. y. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-21. Motion carried unanimously. 242 May 9, 1997 Special Meeting Page 4 z. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Ordinance No. 280. Motion carried unanimously. aa. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-22. Motion carried unanimously. bb. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-23. Motion carried unanimously. cc. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 281. Motion carried unanimously dd. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-24. Motion carried unanimously. ee. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-25. Motion carried unanimously. ff. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Ordinance No. 282. Motion carried unanimously. gg. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Resolution No. 97-26. Motion carried unanimously. hh. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-27. Motion carried unanimously ii. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 283. Motion carried unanimously. 243 May 9, 1997 Special Meeting Page 5 jj. Motion by Alderman Bradshaw, seconded by Alderman Held, to deny or in the alternative repeal Resolution No. 97-28. Motion carried unanimously. kk. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny or in the alternative repeal Ordinance No. 284 and in doing so not adopt the map presented earlier as the official Town map. Alderman Bradshaw stated that the map adopted with Ordinance 253 accurately depicts the Town's boundaries. Motion carried unanimously. Item #2: Review and approve meeting minutes from the May 8, 1997, and the May 2, 1997, meeting of the Board of Alderman. Motion by Alderman Bradshaw, seconded by Alderman Held, to table this item. Motion carried unanimously. Item #3: Executive session: The chair stated that there would be no executive session. Item #4: Consider and take action necessary with respect to any pending litigation involving the Town and the Aldermen. No action was taken on this item. Item #5: Consider and take action necessary with respect to the request of Scott Bradley for a rehearing or new trial on his removal, and on any other matters relating to such removal proceeding or other litigation involving Mr. Bradley. Alderman Bradshaw stated that the Board will constitute themselves into a court under Section 21.002 of the Local Government Code for the purpose of considering and taking action on Scott Bradley's motion filed in connection with the judgment entered on April 29, 1997, on that certain complaint filed April 14, 1997, by Alderman Howard Dudley. Mayor Bradley read his request for a new hearing. Motion by Alderman Bradshaw, seconded by Alderman Held, to grant Scott Bradley a new trial. Motion carried unanimously. The Board then signed the order vacating the judgment of April 29, 1997 and granting Scott Bradley a new trial and filed this order with the Town Secretary. Item#6: Consider and take necessary action to approve the payment of legal fees in connection with any pending litigation involving the Town and the Aldermen. Motion by Alderman Bradshaw, seconded by Alderman Bush, to deny all legal fees that this item could include. Motion carried unanimously. May 9, 1997 Special Meeting Page 6 Motion by Alderman Held, seconded by Alderman Bush, to adjourn. The meeting was adjourned at 1:05 p.m. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary