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HomeMy WebLinkAbout12-08-97 TC Min325 TOWN OF WESTLAKE MINUTES OF THE REGULAR MEETING OF THE BOARD OF ALDERMEN DECEMBER 8,1997 Present: Scott Bradley, Mayor Charla Bradshaw, May&Pro Tem Fred Held, Member Abe Bush, Jr., Member Jerry'Dinsmore, Member Paul Isham, Town Attorney Terry Morgan, Special Counsel Eldridge Goins, Legal Cltant Jim Morris, Legal Consultant Ginger Crosswy, Town Secretary Absent: David Loeser, Member Also present: Dale White and Dee Kelly, Jr. Before the meeting was called to order, Town Attorney Paul Isham read the attached statement to the Board recommending that the Board not seat Mr. White as Mayor without a mandate from the Second Court of Appeals in Fort Worth. The meeting was called to order at 6:10 p.m. by Mayor Bradley who stated that the Perot interests have attempted to divert attention from their role in dismantling the Town by focusing on the personalities; so to ensure that the Town's business will be conducted with a minimum of fanfare, he was asking the Mayor Pro Tem to assume the chair. Mayor Pro Tem Charla Bradshaw then assumed the chair and again called the meeting to order. Dee Kelly, Jr., Mr. White's attorney, was then recognized to speak. Mr. Kelly told the Board that Mr. White was present and available to serve as Mayor. He then passed out two letters he said had passed between his office and Mr. Isham, and asked that copies of the letters be included in these minutes. He stated his objection to Mr. Isham's advice to the Board and asked the Board to make a decision as to how it was going to proceed and let Mr. White know its decision promptly. Ms. Bradshaw then convened the meeting into executive session at 6:15 p.m. with neither Mayor Bradley nor Mr. White in attendance. The Board recessed out of executive session at 7:45 p.m. and reconvened into open session at 7:50 p.m. Mayor Pro Tem Bradshaw announced that due to the confusion concerning the mayoral situation, Mayor Bradley had asked her to chair this meeting. Item #3: Motion by Alderman Dinsmore, seconded by Alderman Bush, that the Town not recognize Dale White as Mayor absent a mandate from the Court of Appeals. Motion carried unanimously. 327 December 8, 1997 Regular Meeting Page 3 Item #10: Consider and take action with regard to amending the Law Enforcement Services Agreement with the Town of Trophy Club to allow the filing of complaints by Westlake officials. Mr. Isham explained that recently there had been incidents of code violations where the Town's building inspector needed to file a complaint, but could not without this amendment. As the agreement stands only the Trophy Club police can file citations. Motion by Alderman Bush, seconded by Alderman Held, to adopt Resolution No. 97-51. Motion carried unanimously. Item #11: Consider and take action to establish the regular meeting date for the Board of Aldermen. Motion by Alderman Held, seconded by Alderman Dinsmore, to adopt Resolution 97-50 establishing the first and third Monday of every month beginning in January 1998, as the regular meeting date for the Board of Aldermen. Motion carried unanimously. Item #12: Consider authorizing the Town Secretary's attendance at the election law seminar to be held January 14-16, 1998. Motion by Alderman Dinsmore, seconded by Alderman Bush, to authorize attendance at the election law seminar by the Town Secretary. Motion carried unanimously. Item #13: PUBLIC HEARING to consider and take action to adopt the revised Unified Development Code. Ms. Bradshaw stated that this item would be continued and placed on the agenda for the next meeting. Item #14: Consider and take action to adopt the revised Unified Development Code. Ms. Bradshaw told the audience that this item would also be placed on the agenda for the next meeting. Item #15: Other business: Alderman Bush asked Alderman Held to begin working on getting the roads repaired by Tarrant County. Alderman Held told the assembly that he has already begun this process. Item #16: Motion by Alderman Dinsmore, seconded by Alderman Held, to adjourn. Motion carried unanimously. The meeting was adjourned at 8:15 p.m. 323 December 8, 1997 Regular Meeting Page 4 Charla Bradshaw, Mayor Pro Tem ATTEST: Ginger Crosswy, Town Secretary STATEMENT TO THE BOARD Last Thursday, the Court of Appeals in Fort Worth issued a Judgment and Opinion that Scott Bradley was lawfully removed from the office of mayor on April 29, 1997 and that Dale White is and has been the lawful mayor of Westlake since May 2, 1997. Since the release of the Judgment last Thursday, I, as Town Attorney for Westlake, have received demands from Dee Kelly, Jr. and Ann Diamond, Assistant District Attorney of Tarrant County, to advise the Board of Aldermen to allow Dale White to sit as mayor of Westlake. My research of the law results in the opinion that the Court of Appeals Judgment does not become enforceable until a mandate is issued by the clerk of the appellate court in accordance with the judgment and sent to the clerk of the trial court for filing with the court's papers and entry on the court's docket. The Texas Rules of Appellate Procedure set out when the mandate will issue, and normally, it is not issued until the case is finalized on appeal or no further appeal is processed. Bradley has the right to file a petition for review of the Court of Appeals' Judgment with the Supreme Court of Texas. On the other hand, the Judgment of the Court of Appeals is the most recent determination of the mayoral issue and it is my advice to the Board to give deference to that Judgment. I recognize that the Board may be reluctant to allow an individual to sit as mayor who has violated the public trust by participating in a series of events in an attempt to destroy the Town thru the disannexation of approximately 85% of the land area. As we all know, Dale White considers himself not to be a resident of Westlake, and thus, a question arises as to whether he can serve the residents of Westlake with the highest fidelity. Thus, it is my recommendation that the Board have the Mayor Pro Tem, Charla Bradshaw, chair the meetings until the issue concerning the mayor is finally resolved. This would allow the Board to conduct the business of the Town while the mayoral issue continues to final resolution. KELLY, HART 81 HALLMAN (A PROFESSIONAL CORPORATION) ATTORNEYS AT LAW 201 MAIN STREET, SUITE 2500 FORT WORTH, TEXAS 76102 TELEPHONE (817) 332-2500 TELECOPY (817) 878-9280 WRITER'S DIRECT DIAL NUMBER (817) 878-3533 December 8, 1997 VIA FACSIMILE (972)264-0585 Mr. Paul Isham 507 Crossland Blvd. Grand Prairie, Texas 75052 Re: Dale White Dear Paul: 301 CONGRESS, SUITE 2000 AUSTIN, TEXAS 78701 TELEPHONE (512) 495.6400 TELECOPY (512) 495.5401 Thank you for sending me a fax copy of the Notice of Regular Meeting of the Town of Westlake scheduled for December 8, 1997. On behalf of Dale White, the Mayor of the Town, I would like to know your position, as Town attorney, on whether Mr. White will be allowed to participate in the executive session scheduled for 6:00 p.m. Monday night. Mr. White is prepared to do so. Secondly, I would like to know whether you will advise the Board of Aldermen to permit Mr. White to be seated at the regular meeting so that he can preside as Mayor. As was the case at the last meeting, Mr. White remains ready and prepared to take over his duties as Mayor. The purpose of my letter is to avoid any unnecessary confusion and conflict at Monday's meeting. Please notify me in writing of your position this afternoon so that we can work to make sure the meeting this evening operates in an efficient manner. Thank you in advance for your cooperation. Sincerely -,you , Dee J. Kelly, DJK2/kdp cc: Dale White Charla Bradshaw, Mayor Pro Tem 205827.1