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HomeMy WebLinkAbout05-12-97 TC AgendaTOWN OF WESTLAKE, TEXAS NOTICE OF REGULAR 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 7:00 p.m, on Monday, May 12, 1997, at the Westlake Town Hall, 3 Village Circle, Solana, in the Town of Westlake, Texas to consider the following items: 1. Meeting called to order. 2. Consider the appointment of a Mayor Pro -Tem. 3. Consider and approve minutes from the Special meeting of May 8, 1997, May 9, 1997 and the Emergency meeting of May 9, 1997. 4. Citizens' Presentations: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board will not take action on any presentation made to the Board at this time concerning an item not listed on the agenda. 5. Consider the motion of Scott Bradley for a new trial and order on same. The Aldermen will constitute 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. 6. Consider and take action to terminate Wood, Thacker & Weatherly as Town Attorney in accordance with Texas Local Government Code Section 22.077. 7. Consider and take action to hire and reinstate Paul C. Isham as Town Attorney. S. 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. 9. Consider and take action to open a new checking account at the Westlake Branch of the Keller State Bank and authorize the signatories. 10. Consider and take any necessary action with regard to the Town's account with TexPool. 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 Port 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 this notice. 12. Consider repealing resolutions no's. 97-31 thru 97-35, indemnification of Carroll Huntress, Howard Dudley, Jerry Moore, Al Oien and Dale White. 13. Consider an ordinance repealing ordinance no. 283 which purports to repeal the grant of a franchise to the Lake Turner Water Supply Corporation. 14. 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. 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 Board of Aldermen on May 2, May 8 and May 9, 1997. 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. 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, 18. Review outstanding and paid bills. 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. 20. EXECUTIVE SESSION: The Board will conduct a closed session under Chapter 551 of the Government Code to seek or receive its attorneys' advice with regard to pending or contemplated litigation involving the Town and Aldermen including, but not limited to the following: i. City of Roanoke vs. Town of Westlake; ii. Don Redding vs. Town of Westlake, et al; iii. Oscar Renda vs. Town of Westlake, et al,- iv l; iv Scott Bradley vs. Carroll Huntress, et al; V. Town of Westlake vs. Ginger Crosswy vi. David Brown vs. Carroll Huntress, et al; and vii. Contemplated litigation against individuals and entities regarding disannexation. viii. Interlocal agreement between the Town and the Lake Turner Municipal Utility Districts. 8. Consider and take action necessary with respect to any of the pending in 7. above or other contemplated actions against parties involved in actions to destroy the Town. 9. Adjourn. CERTIFICATION 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, on Friday, May 9, 1997 at 5:30 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code, Ginger Crosswy, Town Secretary TOWN OF WESTLAKE, TEXAS NOTICE OF REGULAR 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 7:30 p.m. on Monday, May 19, 1997, at the Westlake Town Hall, 3 Village Circle, Solana, in the Town of Westlake, Texas to consider the following items: Meeting called to order. 2. Citizens' Presentations: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board will not take action on any presentation made to the Board at this time concerning an item not listed on the agenda. 3. Consider and approve minutes from the two Special meetings of May 8, 1997, the Emergency meeting of May 9, 1997, and the Regular meeting of May 12, 1997. 4. Review any bills paid or unpaid. 5. Recognize Debra Heath as the Volunteer of the Year for Westlake. 6. Consider and take action to approve payment for election personnel. 7. Consider and take action to hire and reinstate Charles Haynes, CPA as the Town CPA. 8. Consider and take action to amend the budget in regard to legal fees. 9. Review all of the Town's Corporations. 10. Consider and take all action necessary to override the purported veto of Dale White as shown in Exhibit A attached to this notice. 11. Acknowledge, confirm and ratify the following veto's filed by Mayor Scott Bradley. a) March 8, 1997 - Purported adoption of ordinance at a meeting called by Aldermen Carroll Huntress, Al Oien and Howard Dudley, convened at 6:00 p.m. on March 5, 1997. 12. b) March 23, 1997 - Ordinance No. 270 c) March 28, 1997 - Resolution No. 97-3. d) April 28, 1997 - Unlawfully called meeting held on April 23, 1997. e) May 1, 1997 - Unlawfully called meeting held on May 2, 1997 0 May 5, 1997 - Unlawful meeting held on May 2, 1997 g) May 12, 1997 - Unlawful meeting held May 8, 1997 that was presided over by Dale White. h) May 12, 1997 - Unlawful meeting held May 9, 1997 that was presided over by Dale White. Consider and take action to appoint members of the Planning and Zoning including the Chair. 13. EXECUTIVE SESSION. The Board will conduct a closed session under Chapter 551 of the Government code to seek or receive its attorneys' advice with regard to pending or contemplated litigation involving the Town and Aldermen including, but not limited to the following: i. City of Roanoke vs. Town of Westlake; ii. Don Redding vs. Town of Westlake, et al; iii. Oscar Renda vs. Town of Westlake, et al; iv Scott Bradley vs. Carroll Huntress, et al; v. Town of Westlake vs. Ginger Crosswy vi. David Brown vs. Carroll Huntress, et al; and vii. Contemplated litigation against individuals and entities regarding disannexation. viii. Interlocal agreement between the Town and the Lake Turner Municipal Utility Districts. ix. Legal action against TexPool or Yeller State Bank; X. Legal action in respect to actions whereby $85,000.00 was withdrawn from TexPool, $67.012.40 was paid to Wood, Thacker & Weatherly, P.C., and an attempt was made to pay Fielding, Barrett & Taylor, L.L.P., $15,708.13. 14. Consider and take action necessary with respect to any of the pending matters in item # 13 above or other contemplated actions against parties involved in actions to destroy the Town. 15. Consider and take action to approve payment of legal fees to Goins, Underkofler, Crawford & Langdon, L.L.P. in the amount of $39,176.30. 16. Consider and take action to hire Whitten & Griffin as local counsel in litigation matters in Denton County, Texas. 17. Consider and take action in hiring additional firms or lawyers as special counsel in pending or contemplated litigation matters. 18. Adjourn. CERTIFICATION 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, on Friday, May 16, 1997 at 7:30 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code. -)& Ginger osswy, Town Se tary NOTICE OF ILLEGAL MEETING TO THE CITIZENS OF WESTLAKE: Scott Bradley and three members of the board of aldermen have called an illegal meeting of the Board for Monday, May 199 1997, at 7:30 P.M. Since this is not a regular monthly meeting, this would be a special called meeting and a special called meeting requires four aldermen to be present. The Board's recent attempt to establish weekly regular meetings was returned with objections by Mayor White. The next regular meeting of the Board of Aldermen will be the second Monday in June. No action taken at the purported regular meeting on May 19th will have any legal effect. Mayor Dale White (6!T )4 TOWN Or WDSTUEB 3 Village Circle Suite 207 Solana Westlake; Texas 76262 May 15, 1997 Metro (817) 430-0941 Fax (817) 430-181.2 To the Board of Aldermen RECD MAY i F1997 3:.37P.n.. • Re: Meeting held May 12, 1997, that was presided over by Scott Bradley Alderman: Under the authority of Section 52.003 of the Texas Local Government Code, I hereby disapprove all ordinances, resolutions and other actions adopted at the Board of Aldermen meeting held May 12, 1997, that was purportedly presided over by Scott Bradley. Mr. Bradley was lawfully removed by a judgment of the Board of Aldermen on April 29, 1997; which removal was recognized by the Fort Worth Court of Appeals. Mr. Bradley has blatantly defied the decision of the Court of Appeals and has continued to misrepresent to the public at large, and to the citizens of Westlake in particular, that he is still the mayor. Mr. Bradley -has also taken many actions purportedly on behalf of the Town and purportedly in the capacity of mayor. This nonsense must stop. Scott Bradley is not the mayor. o£ Westla1. ke and nothing that he has done since his removal in his -;self-. - proclaimed capacity; asmayar bas any effect. Consequently, � am� exerc�sang� my:. p = authority to "veto" the ove- eferenced ordinances; resolutions and actions taken at the .f„ 4 �• - May 12 meet": � 'his�Yeta rncludes, but is not limited to, ordinances, resoiutrons and other' actions,WQq U--rtuan Ytc the following agenda items: �..:.�. 1 r trial to Scc Bradley t4; 2. Wood, Th- No. 5 pursuant to which the Board purport .and pursuant to which the Board purpdA6 ..,., ..a V - --- olto�re oatt tem No. 6 pursuant to which the Board purporfed'to terrrunate cWeatherly as Town Attorney. 3. Mreiidi Item No. 7 pursuant to which the Board purported -to reinstate Paul Isham as the Town Attorney. 4, &genda Item No. 8 pursuant to which the Board purported to hire Terry Morgan and Freilieh, Morgan, Leitner & Carlisle as Special Counsel and as counsel for the Town for land use matters. 5. Agenda Item No. 9 pursuant to which the Board purported to open. new checking accounts. 6. Agenda Item No. 10 pursuant to which the Board purported to take action with resect to the Town`s account with TexPool. 7-- Agenda Item No. 11 pursuant to which the Board purported to repeal all ordinances and resolutions concerning any disannexations, release of extraterritorial jurisdiction, and joint resolutions and agreements for release and acceptance of extraterritorial jurisdiction at the meetings held on May 2, May -8, and May 9, 1997 (including the purported repeal of the ordinances and resolutions identified on Exhibit A to the agenda). 8. A enda Item No. 12 pursuant to which the Board purported to repeal the resolutions indemnifying the members of the Board of Aldermen. 9. Agenda Item No. 13 pursuant to which the Board purported to repeal Ordinance No. 283. 10. Agenda Item No. 14 pursuant to which the Board purported to repeal Resolution No. 97-28. 11. Agenda Item. No. 15 pursuant to which the Board purported to repeal Ordinance No. 284 and any predecessor ordinance changing the official boundary map adopted by Ordinance No. 253. 12.. . .Agoda-Item No. 16 pursuant to which the Board purported to disapprove payment of legal fees approved by the Board on May 2, May $ and' May,_9,1997. 13enda Item -No. 17 pursuant to which the Board purported to approve thepayent of.$5,343.75 to Boyle and Lowry, LLP. 14 g'�A Benda Item.No.19 pursuant to which the Board purported #ochange the re m time for Board meetings to 7.30 PIC on each Ii6i day af': the T— O v' y i%r meeting room close by. 15. Agenda Item No. 21. (mislabeled as Item No. 8 on the agenda) pursuant to which -the Board purported to ('i) substitute Paul Isham as the attorney for the Town in all pending litigation involving the Town and (H) authorize either Paul Isham or Terry Morgan to take such action, as they deem necessary, to protect the legal interests and positions of the Town. Respectfully submitted, De White, Mayor of Westlake .�F Y r'1.rj4 f � cc: Mr. Carroll Huntress P.O. Box 593 Roanoke, Texas 76262 Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 Charla Bradshaw, Esq. 1925 Pearson Lane North Westlake, Texas 76262 Mr. Abe Bush, Jr. 2220 North Pearson Lane Westlake, Texas 76262 Ms. Ginger Crosswy City of Southlake 1000 West Southlake Boulevard Southlake, Texas 76092 Mr. Bill Wood Attorney at Law RT64 Thacker & Weatherly 513. W. Oak Street Denton, Texas 76201