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
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