HomeMy WebLinkAbout05-12-97 TC Min249
TOWN OF WESTLAKE
MINUTES OF THE
REGULAR MEETING OF THE
BOARD OF ALDERMEN
MAY 12, 1997
Present: Charla Bradshaw, Member
Fred Held, Member
Abe Bush, Jr., Member
Scott Bradley, Mayor
Paul Isham, Town Attorney
Terry Morgan, Special Counsel
Ernie Hedgcoth, Town Engineer
Ginger Crosswy, Town Secretary
Absent: Dale White
Carroll Huntress
Howard Dudley
The meeting was called to order at 7:10 p.m. by Alderman Bradshaw.
Item #2: Consider the appointment of a Mayor Pro -Tem. Motion by Alderman Bush,
seconded by Alderman Held, to appoint Alderman Bradshaw as the new Mayor
Pro -Tem.
Motion carried unanimously.
Item #3: Consider and approve minutes from the Special meeting of May 8, 1997, May
9, 1997 and the Emergency meeting of May 9, 1997. Motion by Alderman
Bush, seconded by Alderman Held, to table this item until the Board has time
to examine the minutes.
Motion carried unanimously.
Item #4: Citizens' Presentations: No one wished to address the Board.
Item #5: 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. Mr. Bradley read into the record his motion for a
new trial that was filed in the Town Hall on May 5, 1997. Alderman
Bradshaw read into the record the Order Ratifying and Confirming the Grant
of a New Trial to Mayor Scott Bradley. Motion by Alderman Bradshaw,
seconded by Alderman Held, to sign and enter the order granting Mr. Bradley
a new trial and ratifying the action taken by the Board sitting as a Court under
Texas Local Government code Section 21.002 on May 9, 1997, which action
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granted Mr. Bradley a new trial on the complaint filed by Mr. Dudley, and
vacated the "judgment" thereby..
Motion carried unanimously.
The Board signed the order granting a new trial and ratifying the action taken
by the Board on May 9, 1997. This order was then filed with the Town
Secretary. Paul Isham, the Town attorney, addressed the Board requesting
that in light of the order being signed, it would be appropriate for Mayor
Bradley to resume his role as Mayor and presiding officer of this Board of
Aldermen. As Mayor Bradley took his place at the podium there was
applause from the audience. Mr. Bradley thanked the Board and the audience
for their support, and promised that this is only one more step in reclaiming the
lands that were fraudulently taken from the Town. Don Redding asked the
Board how soon the new trial could be scheduled? Mr. Isham stated the date
would be set by the Board.
Item #6: Consider and take action to terminate Wood, Thacker & Weatherly as Town
attorney in accordance with Texas Local Government Code Section 22.077.
Mr. Isham told the Board that items #6,7 & 8 should be reworded to include
ratifying the actions of this Board on May 8, and May 9, 1997. Motion by
Alderman Bradshaw, seconded by Alderman Bush, to ratify the termination of
Wood, Thacker & Weatherly that was done on May 8, and May 9, 1997, and
to terminate Wood, Thacker & Weatherly as Town attorney in accordance
with Local Government Code Section 22.077.
Motion carried unanimously.
Item #7: Consider and take action to hire and reinstate Paul C. Isham as Town attorney.
Motion by Alderman Bush, seconded Alderman Held, to ratify the action of
May 8, and May 9, 1997 that hired and reinstated Paul C. Isham as Town
attorney and in the alternative to hire and reinstate Paul C. Isham as Town
attorney.
Motion carried unanimously.
Item #8: 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 as Special Counsel to the Town for some of the pending and
contemplated litigation matters; and to reinstate Terry Morgan and Freilich,
Morgan, Leitner & Carlisle as counsel for the Town regarding land use
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matters; and to ratify all of these actions as they were taken on May 8, and
May 9, 1997.
Motion carried unanimously.
Item #9: Consider and take action to open a new checking account at the Westlake
Branch of the Keller State Bank and authorize the signatories. Motion by
Alderman Bradshaw, seconded by Alderman Held, to adopt Resolution 97-36.
Motion carried unanimously.
Item #10: Consider and take any necessary action with regard the Town's account with
TexPool. Terry Morgan stated that this item was attended to in the above
Resolution 97-36 in Item #9.
Item #11: Consider and take action on an ordinance repealing all ordinances and
resolutions concerning any disannexations, release of extraterritorial
jurisdiction of the Town, and joint resolutions and agreements for release and
acceptance from the extraterritorial jurisdiction of the Town into the
extraterritorial jurisdiction of the Cities of Fort Worth, Roanoke and
Southlake, which were approved by the Board of Aldermen at the meetings of
May 2, May 8, and May 9, 1997, including, but not limited to, Ordinance
No.'s 272 thru 282, 285 and 286 and Resolution No.'s 97-5 thru 97-27, 97-29
and 97-30, and including specifically any predecessor ordinances, resolutions
or actions for the property described in the above listed ordinances and
resolutions, including without limitation property descriptions contained in the
ordinances and resolutions listed in exhibit A attached to the notice of the
meeting. Mayor Bradley read into the record the letter that he filed in the
Town Hall today vetoing the actions taken at the May 8, 1997, meeting that
was chaired by Dale White. Mayor Bradley also told the audience that there is
a letter, filed today with the Town Secretary, stating his dissent to the actions
taken by the purported Board of Aldermen chaired by Dale White on May 9,
1997. Terry Morgan told the Board that the wording of Ordinance No. 287,
which the Board had before them, should be changed. Mr. Morgan then read
the ordinance as it should be written. Motion by Alderman Bradshaw,
seconded by Alderman Bush, to adopt Ordinance No. 287 as read into the
record with the deletion of the first four paragraphs beginning with "Whereas".
Motion carried unanimously.
Item #12: Consider repealing Resolution No's 97-31 thru 97-35, indemnification of
Carroll Huntress, Howard Dudley, Jerry Moore, Al Oien and Dale White.
Motion by Alderman Bradshaw, seconded by Alderman Bush, to repeal
Resolution No's. 97-31 thru 97-35 which purport to indemnify Carroll
Huntress, Howard Dudley, Jerry Moore, Al Oien and Dale White, and in the
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alternative to ratify the repealing of these resolutions as previously done on
May 8, 1997.
Motion carried unanimously.
Item #13: Consider an ordinance repealing Ordinance No. 283 which purports to repeal
the grant of a franchise to the Lake Turner Water Supply Corporation. Motion
by Alderman Bradshaw, seconded by Alderman Held, to repeal Ordinance No.
283, which purports to repeal the grant of a franchise to the Lake Turner
Water Supply Corporation; and in the alternative to ratify all previous actions
to repeal Ordinance No. 283 as stated in the record at previous meetings.
Motion carried unanimously.
Item 414 - Consider repealing Resolution No. 97-28 purporting to approve the settlement
of the boundary disagreement lawsuit between the Town of Westlake and the
City of Roanoke. Motion by Alderman Bradshaw, seconded by Alderman
Bush, to repeal Resolution No. 97-28 purporting to approve the settlement of
the boundary disagreement lawsuit between the Town of Westlake and the
City of Roanoke; or in the alternative to ratify all previous actions that repealed
Resolution No. 97-28 as previously stated in the record at previous meetings..
Motion carried unanimously.
Item #15: Consider an ordinance repealing Ordinance No. 284 and any predecessor
ordinance purporting to change the official boundary map adopted by
Ordinance No. 253, specifically including actions taken by the previous Board
of Aldermen on May 2, May 8, and May 9, 1997. Motion by Alderman Held,
seconded by Alderman Bush, to adopt an ordinance repealing Ordinance No.
284 and any predecessor ordinance purporting to change the official boundary
map adopted by Ordinance No. 253, specifically including actions taken by the
Board of Alderman on May 2, May 8 and May 9, 1997, meaning the Board
constituting members other than Mr. Bush and Ms. Bradshaw; and in the
alternative ratifying the prior disapproval of that ordinance by the Board that
included Mr. Bush and Ms. Bradshaw as members.
Motion carried unanimously.
Item # 16: Consider and take action to disapprove payment of any legal fees approved by
the Board of Aldermen on May 2, May 8 and May 9, 1997. Motion by
Alderman Bradshaw, seconded by Alderman Held, to disapprove payment of
any legal fees approved by the Board of Aldermen, that did not include Mr.
Bush and Ms. Bradshaw, on May 2, May 8 and May 9, 1997, and in the
alternative to ratify the action of the Board, that included Mr. Bush and Ms.
Bradshaw, which action disapproved payment of any legal fees as previously
stated in the record at previous meetings.
Motion carried unanimously.
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Item # 17: Consider and take action to approve payment of legal fees. to Boyle and
Lowry, L.L.P. in the amount of $5,343.75. Mayor Bradley told the audience
that this is the fee for the law firm engaged by Ginger Crosswy, the Town
Secretary, in the action that was initiated by four Aldermen in an attempt to
force her to maintain two ballot boxes during the recent election. Motion by
Alderman Bush, seconded by Alderman Held, to approve payment of legal
fees to Boyle & Lowry, L.L.P. in the amount of $5,343.75
Motion carried unanimously.
Item #18: Review outstanding and paid bills. No action was taken on this item because
the Board had received nothing from the Town Secretary to review. Mayor
Bradley stated that the new Aldermen have requested that this item be placed
on the agenda for each meeting.
Item #19: Consider and take action on a resolution declaring that the governing body of
this municipality shall meet regularly at 7:30 p.m. each Monday at the Town
Hall or a meeting room close by. Motion by Alderman Bush, seconded by
Alderman Held, to adopt Resolution No. 97-37.
Motion carried unanimously.
Item #20: Executive Session: The Board convened into executive session at 8:30 p.m.
The Board reconvened into open session at 9:40 p.m.
Item #21: Consider and take action necessary with respect to any of the matters pending
in item #20 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, P. C. or
any attorney from their firm has appeared for the Town; and to further ratify all
actions to the same effect that were taken at any previous meeting of the Board
which included Mr. Bush and Ms. Bradshaw.
Motion carried unanimously.
Motion by Alderman Bradshaw, seconded by Alderman Bush, to terminate all
counsel engaged by Wood, Thacker & Weatherly, P. C. to take any action with
regard to representing the Town of Westlake or any Aldermen in their official
capacity, and to ratify all actions to this effect adopted at any previous
meeting of the Board which included Mr. Bush and Ms. Bradshaw.
Motion carried unanimously.
Motion by Alderman Bradshaw, seconded by Alderman Held, 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
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any Aldermen in their official capacity, and to ratify all actions to this effect
adopted at any previous meeting of the Board which included Mr. Bush and
Ms. Bradshaw.
Motion carried unanimously.
Motion by Alderman Bradshaw, seconded by Alderman Bush, to authorize
Town attorney Paul C. 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; and to ratify
all actions to this effect adopted at any previous meeting of the Board which
included Mr. Bush and Ms. Bradshaw on.
Motion carried unanimously
Motion by Alderman Bradshaw, seconded by Alderman Held, to instruct
Mayor Bradley to contact Martin Rochelle with Lloyd, Gosselink, Fowler,
Blevins & Mathews, P. C. to actively pursue the application for a certificate
of convenience and necessity from the Texas Natural Resource Conservation
Commission.
Motion carried unanimously.
Item #22: Motion by Alderman Bush, seconded by Alderman Held, to adjourn.
Motion carried unanimously.
The meeting was adjourned at 9:45 p.m.
Scott Bradley, Mayor
ATTEST:
Ginger Crosswy, Town Secretary