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Home My WebLink About04-11-97 TC AgendaTOWN OF WESTLAKE, TEXAS NOTICE OF MEETING TO THE CITIZENS OF THE TOWN OF WESTLAKE, TEXAS: Notice is hereby given that the Board of Aldermen of the Town of Westlake, Texas will meet at 7-40 p.m. on Friday, April 11, 1997 at the Westlake Town Hall, 3 Village Circle, Suite 207, Solana, in the Town of Westlake, Texas. The Board of Aldermen will consider the following agenda: 1. Meeting called to order. 2. Review and approve the minutes of all previous meetings beginning with the meeting held on March 19, 1997. 3. Consider and take action necessary to reconsider Ordinance No. 270 rescinding Ordinances No. 237 and No. 253. 4. Consider and take action necessary to ratify the hiring of a new Town attorney. 5. Consider and take action necessary with respect to hiring consultants. 6. Consider and take action necessary with respect to ongoing litigation involving the Town. 7. Consider and take action necessary to reconsider ordinance prescribing the duties and powers of the Mayor 8. EXECUTIVE SESSION: The Board will conduct a closed. session under Chapter 551 of the Government code to consult with its Attorney concerning pending or contemplated litigation, as permitted by Section 551.071 of the Government Code; to deliberate the purchase, exchange, lease or value of real property, as permitted by Section 551.072 of the Government Code; and discuss personnel matters as permitted by Section 551.074 of the Government Code. 9. Adjourn. I certify that the above was posted on the front door of the Town H ll of Westlake, 3 Village Circle, Suite 207, Solana, Westlake, Texas , April , 1997 at a r o'clock p.m. pursuant to the provisions of Chapter 551, Texas Government Code. TOWN OF WESTLAKE, TEXAS NOTICE OF EMERGENCY MEETING FOR FRIDAY, APRIL 11, 1997, AT 7:30 P.M. TO THE CITIZENS OF THE TOWN OF WESTLAKE, TEXAS: Notice is hereby given that because of Mayor Bradley's illegal action (which occurred on Thursday, April 10, 1997) to cancel the special meeting of the Board of Aldermen of the Town of Westlake, Texas, scheduled for 7:30 p.m. on Friday, April 11, 1997 (including the Mayor's unilateral removal of the posted notice for the special meeting), which action constitutes a reasonably unforeseeable situation, an emergency exists which requires immediate action by the Board of Aldermen of the Town of Westlake. Consequently, the undersigned Aldermen hereby give notice of an Emergency Meeting of the Board of Aldermen of the Town of Westlake, Texas, to be held at 7:30 P.M. on Friday, April 11, 1997, at the Westlake Town Hall, 3 Village Circle, Suite 207, Solana, in the Town of Westlake, Texas. The Board of Aldermen will consider the following agenda: 1. Consider and take action necessary to reconsider Ordinance No. 270 rescinding Ordinances No. 237 and No. 253, 2. Consider and take action necessary to rarity the hiring of a new Town attorney. 3. Consider and take action necessary with respect to ongoing litigation involving the Town. 7. Consider and take action necessary to reconsider ordinance prescribing the duties and powers of the Mayor 8. EXECUTIVE SESSION: The Board will conduct a closed session under Chapter 551 of the Government code to consult with its Attorney concerning pending or contemplated litigation, as permitted by Section 551.071 of the Government Code; to deliberate the purchase, exchange, lease or value of real property, as permitted by Section 551.072 of the Government Code; and discuss personnel matters as permitted by Section 551.074 of the Government Code. This Emergency Meeting of the Board of Aldermen is prepared upon the application of the following members of the Board of Aldermen: I hereby certify that this Notice of Emergency Meeting has been given to each member of the Board of Aldermen, the Mayor, the Town Secretary, and the Town Attorney in accordance with Section 22.038 of the Texas Local Government Code and to the news media in accordance with the Texas Open Meetings Act, Section 551 of the Texas Local Government Code. I hereby further certify that this Notice of Emergency Meeting was posted on the front door of the Town Hall of Westlake, 3 Village Circle, Suite 207, Solana, Westlake, Texas, on Friday, April 11, 1997 at .3', 0-0 P.M. pursuant to the provisions of Chapter 551, Texas Government Code. z5L� Z4:iL� Carroll Huntress, Mayor P o Tem STATEMENT OF THE BOARD OF ALDERMEN This emergency meeting has been called by the Board of Aldermen of the Town of Westlake, Texas in accordance with the notice requirements of the Texas Open Meeting Act, Section 551 of the Government Code. This emergency meeting is necessitated by the unilateral, illegal action of the Mayor, Scott Bradley, who removed and voided the duly posted special meeting notice. The Mayor removed the duly posted special meeting notice from the normal place for posting of such notices, thereby violating the Texas Open Meetings Act. The Mayor's "Official Misconduct" in this matter is greatly troubling to the Board of Aldermen. This action by the Mayor demonstrates his continuing disregard for the law and for the traditional procedures employed by the Town for calling meetings and placing items on the agenda for meetings. TOWN OF WESTLAKE NOTICE TO THE CITIZENS OF THE TOWN OF WE TLAKE, TEXAS, Notice is hereby given that the meeting of the Board of Aldermen purportedly called by Carroll Huntress, Alderman of the Town of Westlake, Texas, to be held at 7:30 p.m. on Friday, April 11, 1997, is not a lawfully called meeting far the following reasons: 1. The purported meeting is not a regularly scheduled meeting. 2. Finder the Local Government Cade, Section 22.03$, only the Mayor may call a special. meeting. The Mayor may do so on his own motion or on the application of three Aldermen. The Mayor has not called the special meeting; and three Aldermen have not applied to the Mayor to call a special meeting. 3_ Linder Local Government Code, Section 22.035, each member of the governing body, the Secretary, and the Municipal Attorney must be notified of the special meeting by natio given pcnsonally or left at the person's usual place'of residence. Upon information and belief, this requirement has not been met. 4. Four members of the Board of Aldermen have engaged in a course of conduct detrimental to the best interests of the Town of Westlake by repeatedly calling, or attempting to call., special meetings, "adjourning" regular meetings to another date, and "adjourning" special meetings to another date, all without complying with the requizemonts of the Open Meetings Law. This course of conduct should not be tolerated by residents, and assuredly will not be aided and abetted by the Mayor. 5. The Town will hold its regular meeting at 7:00 p.m. on Monday, April 14, 1997; therefore, there is no justification for holding a special meeting on the preceding Friday in the absence of an emergency. All items listed on the agenda posted by Alderman Huntress will be considered at the regular meeting. For the reasons stag above, notice of the purported meeting posted by Mr. Huntress is. hereby CANCELLED. As proposed, it is an illegally called meeting and the notice thereof consequently has been removed. Respectfully submitted, �CA4� Scott Bradley Mayor I certify that the above notice was posted on the front door of the Town Hall of the Town of Westlake, 3 Village Circle, Suite 207, Westlake, Texas, anThursday, April 10, 1997 at 5:010 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code. r�< linger 5osswy, Town SecretaTy cc: Mr. CwToll Huntress P. Q. Box 593 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. RETURN RECEIPT REQUESTED Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. RETURN RECEIPT REQUESTED Mr. Al Oren 1440 Nest )dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. RETURN RECEIPT REQUESTED Mr. Jerry Moore P. 0. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. RETURN RECEIPT REQUESTED Mr. Fred Held 4105 Aspera Dane Westlake, Texas .76262 VIA CERTIFIED MAIL N4. RETURN RECEIPT REQUESTED Apri18, 1997 Mr. Scott Bradley, Mayor Ms. Ginger Crosswy, City Secretary Town of Westlake 3 Village Circle, #207 Solana Westlake, Texas 76262 Dear Mayor Bradley: The undersigned request a special meeting be called April 11, 1997 at 7:00 p.m. at Westlake Town Hall with the following agenda items: 1. Meeting called to order. 2. Review and approve the minutes of all previous meetings beginning with the meeting held on March 19, 1997. 3. Consider and take action necessary to reconsider Ordinance No. 270 rescinding Ordinances No. 237 and No. 253. 4. Consider and take action necessary to ratify the hiring of a new Town attorney. 5. Consider and take action necessary with respect to hiring consultants. 6. Consider and take action necessary with respect to ongoing litigation involving the Town. 7. Consider and take action necessary to reconsider ordinance prescribing the duties and powers of the Mayor 8. EXECUTIVE SESSION: The Board will conduct a closed session under Chapter 551 of the Government code to consult with its Attorney concerning pending or contemplated litigation, as permitted by Section 551.071 of the Government Code; to deliberate the purchase, exchange, lease or value of real property, as permitted by Section 551.072 of the Government Code; and discuss personnel matters as permitted by Section 551.074 of the Government Code. 9, Adjourn. I request that you call this meeting by 6:30 p.m., Tuesday, April S, 1997. 1, Carroll Huntress, Mayor Pro Tem of the Town of Westlake, Texas, upon the request of three aldermen and after the failure of the Mayor to timely act, hereby call a Special Meeting of the Westlake Board of Aldermen for 7:00 p.m., Friday, April 11, 1997, at Westlake Town Hall, 3 Village Circle, Suite 207, Solana, Westlake, Texas, and direct that the attached agenda be posted more than 72 hours prior to the time of such meeting as required by law. Carroll Huntress Mayor Pro Tem