HomeMy WebLinkAbout07-28-97 TC MinTOWN OF WESTLAKE
MINUTES OF THE
REGULAR MEETING OF THE
BOARD OF ALDERMEN
JULY 28, 1997
Present: Scott Bradley, Mayor
Charla Bradshaw, Mayor Pro -Tem
Abe Bush, Jr., Member
Fred Held, Member
Paul Isham, Town Attorney
Terry Morgan, Special Counsel
Bobby Forshey, Town Bankruptcy Attorney
Ginger Crosswy, Town Secretary
Absent: Carroll Huntress
Howard Dudley
Mayor Bradley opened the meeting at 6:17 p.m. by reading the list of matters to be
discussed in Executive Session. The Board then convened into Executive Session.
The Board reconvened into open session at 7:38 p.m. Mayor Bradley introduced
Bobby Forshey, the Town's bankruptcy attorney. Mr. Forshey spoke to the audience
explaining the implications of Judge Robert McGuire's ruling dismissing the Town's
bankruptcy. Mr. Forshey answered questions from the audience, and explained the
steps to be followed in filing an appeal of this ruling. Mr. Forshey was asked to explain
the role of. the residents committee in an appeal process. Mr. Forshey responded that the
residents committee ended along with the dismissal.
Item #3: Consider and take action necessary with respect to any of the pending
matters in item #2, or other contemplated actions against parties involved in
actions to destroy the Town. Motion by Alderman Bradshaw, seconded by
Alderman Held, to authorize the attorneys to file a notice of appeal in the
bankruptcy proceeding.
Motion carried unanimously.
Item #4: Review and approve minutes from the regular meeting held on July 21, 1997.
Motion by Alderman Bush, seconded by Alderman Held, to approve the
minutes as presented.
Motion carried unanimously.
Item #5: Town Hall discussion of "Offer" from the City of Southlake to settle pending
litigation concerning the purported disannexation of Solana and the purported
annexation of same by the City of Southlake. Mayor Bradley told the
audience that the "offer" from Southlake would give Westlake free police and
July 28, 1997
Regular Meeting
Page 2
fire service for 10 years. In return Solana would be annexed into the City of
Southlake. Mayor Bradley told the audience that, year to date, Westlake has
collected over 1.2 million dollars in sales tax; and over $120,000.00 in
franchise fees. The Mayor then told the assembly that using the 1995 tax
roles and the current property tax rate, Southlake would be collecting over
$400,000.00 per year in ad valorem taxes. On the other hand, the Town
now pays less than $50,000.00 per year for the services offered by Southlake.
Mayor Bradley opened the floor to anyone who wished to speak concerning
this "offer".
Charlene Gardner, 6040 Mahotea Boone Trail, stated that the "offer" would
provide services to the Town that the residents already receive.
Wanda Haskins, 5920 Steve Court, asked where Stagecoach Hills stands in
this "offer". Mayor Bradley stated that Stagecoach Hills is not recognized in
this "offer" as being part of the Town.
At 8:13 p.m. the meeting was recessed. The meeting reconvened at 9:03
p.m. and continued with comments from the audience concerning the
settlement "offer" from the City of Southlake.
Carol Beardsell, 5966 Mahotea Boone Trail, asked why we should respond
to an offer that is ridiculous?
Allen Heath, 5944 Stagecoach Circle, stated that Westlake should receive
something back for such a valuable asset.
Don Redding, 5925 Janet Court, said that aside from the Southlake
councilman's statement that this "offer" is a win/win situation for both Towns,
he could not see any win in this "offer" for Westlake.
Wilma Dainwood, 1485 W. Dove Road, said that she liked the fact that the
emergency service would be closer to her residence. David Brown, 4050
Aspen Lane, answered that the response time for an emergency at his
residence last summer was less than two minutes.
Jack Walton, 13225 Thornton Drive, said that since Solana is not a part of
Southlake, there should be no response to this "offer".
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July 28, 1997
Regular Meeting
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Bill Greenwood, 40 Wyckhill Lane, told the Board that a present value
analysis showing the benefit of this "offer" to each Town over a 50 year
period would show the vast difference between what Southlake would receive
as opposed to Westlake. He also said that people from all over North Texas
were supportive of the Town's position and that Westlake must not give up
the fight.
After much more discussion Mrs. Dainwood asked why there could not be a
show of hands on this matter. Paul Isham, stated that even though the
audience could show their support for or against this settlement "offer", the
ultimate decision is the Board's to make. Alderman Bush thanked everyone
for attending this meeting and told the assembly that the Board wanted input
from everyone on this matter before a decision was made. At this time the
Mayor asked for a show of hands for or against this "offer". All residents of
the Town voted to reject the "offer" except for Mrs. Dainwood. She
indicated that she might favor the offer only because of the close by
emergency services offered by Southlake.
Item 96: Citizens' Presentations: No one wished to address the Board.
Item 97: Review and approve any bills paid or unpaid.
Motion by Alderman Bush,
seconded by Alderman Bradshaw, to pay all
outstanding bills except the
retainer requested by Gardere & Wynne, L.L.P.
The Town Secretary was
instructed to request a final bill from Gardere & Wynne, L.L.P. since the
residents committee has been disbanded due to the bankruptcy dismissal.
Motion carried unanimously.
The bills to be paid are as follows:
Keller Office Supply $ 101.83
Metroplex Engineering Consultants
2,221.00
One Hour Delivery
30.95
Solana Education Center
125.00
Trophy Club MUD No. 1
1,050.00
Wooten Productions
125.00
Item #8: PUBLIC HEARING concerning the budget for the fiscal year ending
September 30, 1998. The Mayor opened the public hearing by asking if
anyone wished to address the Board concerning the budget. No one wanted
to speak so the public hearing was continued until the next regular meeting.
Mayor Bradley told the audience that this item will be on the agenda for
several weeks to accommodate anyone interested in addressing the Board on
this matter.
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July 28, 1997
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Item #9: Consider and take action to amend the budget for the fiscal year ending
September 30, 1998. No action was needed on this item.
Item #10: Appoint members to the Board of Directors of the Texas Student Housing
Corporation. This item was tabled until the next regular meeting.
Item #11: Consider and take action to adopt resolution no. 97-45 establishing a
checking account at a qualified state of national bank having a banking facility
within 15 miles of the Town Hall. Mr. Forshey explained that the Keller
State Bank is again considering freezing the Town's funds. Motion by
Alderman Bradshaw, seconded by Alderman Bush, to adopt Resolution No.
97-45.
Motion carried unanimously.
Item #12: Reconvene into Executive Session. This item was not needed.
Item # 13: Consider and take action with respect to any of the matters listed in Item #2.
This item was not needed.
Item #14: Other business: Alderman Bush again thanked everyone for attending
tonight's meeting. Alderman Bradshaw apologized for the earlier delay in the
meeting to accommodate her call-in appearance on the initial segment of
Terry Bradshaw's new talk show on the Fox Network, and thanked everyone
for their patience. Alderman Held announced that Tarrant County had
started mowing the roadsides today. Mayor Bradley announced that there
will not be a meeting next Monday, August 4, 1997.
Item #15: Motion by Alderman Bradshaw, seconded by Alderman Held, to adjourn.
Motion carried unanimously.
The meeting was adjourned at 9:30 p.m.
Scott Bradley, Mayor
ATTEST:
Ginger Crosswy, Town Secretary
CAUSE NO. 342-169138-97
STATE OF TEXAS, ON THE RELATION
X IN THE DISTRICT COURT
OF DALE WHITE,
X
RELATOR
X
X
vs.
X TARRANT COUNTY, TEXAS
X
SCOTT BRADLEY,
X
DEFENDANT.
X 342ND JUDICIAL DISTRICT
TRIAL COURT DECISION
Since an early resolution of this litigation is unlikely, I know I take what is sure to be just
the first step down the long and winding road this controversy seems destined to follow. Perhaps
the only thing the parties can admit agreement on is that one side or the other should prevail as a
matter of law without the necessity of a trial because the facts are not really in dispute. All of the
evidence has been carefully considered just as though this ruling had some significance in this
case other than being the date from which the appeal deadlines will run. To the extent this
decision may impact other Westlake related cases, I have taken great care in reaching a decision I
believe is correct under the laws we use to govern our society.
As a point of order, all motions, replies and evidence on file by noon August 12, 1997,
were timely and were considered in making this decision.
On April 29, 1997, the Westlake Board of Aldermen was given the task of sitting as a
"Court" in holding a "trial" on the Complaint sworn out by Alderman Dudley. A "Judgment"
removing Scott Bradley as Mayor was signed by Alderman Huntress who presided over the
"trial". This Quo Warranto proceeding provides a procedural vehicle to consider whether the
removal of Scott Bradley was proper.
Dale White contends he should prevail because he was duly appointed after a lawful
removal caused the position to be declared vacant. Counsel for Dale White argues that any
review of that removal is limited to determining:
1. Whether notice of the charges was given;
2. Whether a hearing was held; and
3. Whether evidence was presented tending to support the removal.
Scott Bradley raises no less than ten (10) separate reasons why he should prevail. His
claims range from defects in where the "trial' was held, to claims that his most fundamental
constitutional rights were violated.
Counsel for Dale White suggests that non -lawyer Aldermen in a small town should not be
faulted for failing to follow all of the complex rules that generally govern our courts. This may
be true. They must however be held to no less than affording the accused a fair and impartial
opportunity to defend against the Complaint before them. To do this they must follow the law.
The Motion for Summary Judgment of Scott Bradley is GRANTED and the Motion of
Dale White is DENIED.
It is ACCORDINGLY ORDERED as follows:
1. The Removal Judgment dated April 29, 1997, is set aside as void from the beginning.
2. Scott Bradley is now and has been the Mayor of the Town of Westlake just as though
the removal attempt had never happened.
3. Dale White is not now nor has he been the Mayor of the Town of Westlake at any time
since his purported appointment on May 2, 1997.
4. There are no issues left to try on August 25, 1997, and the Preferential Setting Order is
vacated.
5. All court costs are taxed against Dale White.
It is FURTHER ORDERED that any relief sought herein not granted by this decision is
hereby denied so that this decision is ripe for appeal.
Signed this 12. day of August 1997.
/� XA404
RiAL JUDGE