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HomeMy WebLinkAbout05-02-97 TC MinPassed and approved with the noted corrections by the Board of Aldermen on Thursday, May 8, 1997. Dale White, MAYOR Carroll Huntress, MAYOR PROTEM P R O C E E D I N G S MR. HUNTRESS: Well, it is 5:15. We'll call this meeting to order. MR. OIEN: Mr. Mayor Pro -Tem, I would like to move that we appoint Dale L. White to mayor of the town of Westlake, Texas. MR. DUDLEY: Second. MR. MOORE: Move the motion. MR. HUNTRESS: The motion has been made and seconded to appoint Dale White as mayor. All in favor say aye. MR. OIEN: Aye. MR. MOORE: Aye MR. HUNTRESS: All opposed? MR. HELD: Nay. MR. HUNTRESS: Nay. Four aye's and one nay. MR. WHITE: I've been advised that the other room is available at this time if we would like to move. MR. HUNTRESS: Has it been made available now? MR. WHITE: Yes. MR. HUNTRESS: We are adjourning the meeting, recess to the room -- I'm sorry? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WOOD: Do you want to go ahead and - - 3 MR. HUNTRESS: Oh, yes. I'm sorry. Let's swear Mayor White in. MR. WHITE: Read it? MR. HUNTRESS: Uh-huh. MR. WHITE: Okay. I, Dale L. White, do solemnly swear that I will faithfully execute the duties of the major, the office of the mayor of the town of Westlake, the State of Texas, and will to the best of my ability serve, protect, defend the constitution and laws of the United States and of the state so help me God. I've just been told that the meeting will be adjourned until 6:30. UNIDENTIFIED SPEAKER: Why? MR. WHITE: It is adjourned. UNIDENTIFIED SPEAKER: Why, Mayor? MR. WHITE: And then we'll continue, of course. UNIDENTIFIED SPEAKER: Any reason why, Mayor? MR. WHITE: What's the -- UNIDENTIFIED SPEAKER: Well, just -- well, we've got a lot of people and we are trying to STANLEY, RICE & ASSOCIATES (214) 720-4567 accommodate the press and the public by having -- UNIDENTIFIED SPEAKER: It will take us two minutes. MR. WHITE: We can do it in five. UNIDENTIFIED SPEAKER: We can do it in five minutes easily. MR. WOODS: Well, you do what you need to do. That's fine. (Meeting Recessed) P R 0 C E E D I N G S ( 6 : 3 0 ) MR. WHITE: This meeting will continue now. Goinq down to Item 2: Consider and take action to reschedule canvassing the results of the May 3rd, 1997, election until Friday, May 9th, 1997, which is the earliest date that new elected Aldermen may legally exercise their duties pursuant to Section 22, dash -- 22.006 of the Local Government Code. MR. HUNTRESS: Is the mike on? MR. WHITE: It is five days not counting a Sunday, so it works out. MR. HUNTRESS: Is it on? There's no mike there. There's no mike. MR. WHITE: Okay. Motion to reschedule the canvassing results of the May 3rd election of May 9th, 1997. Care to entertain a motion? MR. Oien: Mr. Mayor, I move that the board of Aldermen reschedule a canvassing of votes cast && in the May 3rd election until Friday, May 9th, 1997 at 11:00 a.m.® which is the sixth day after the election and the first day that the Texas Local Government Code permits newly elected Aldermen to perform their duties. MR. WHITE: Any second? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. DUDLEY: I'll second. MR. WHITE: Got a second. Any discussion? 6 MR. HELD: Mr. Mayor, let me ask you, why would there be extended problems until Monday that it was originally set up to do that? Is there a reason for the extension of that? MR. WHITE: I'm not aware of the Monday, but I do know that this was the earliest date you could do it. It has got to have five days, not counting Sunday, after the election which is Saturday. Going to count Sunday, five more days and it comes to Friday, so according to the -- UNIDENTIFIED SPEAKER: Well, the town has originally canvassed the government on Monday and I notice that the City of Roanoke is canvassing its vote on Tuesday, which is certainly not on Friday when you are proposing to do it. MR. WHITE: Well, all I know is what the code says. The attorneys say that it's -- and I've read it myself. It says five days. MR. HUNTRESS: Move the question. MR. WHITE: Okay. Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. DUDLEY: MR. MOORE: MR. WHITE: MR. MOORE: MR. WHITE: nay. Aye. Aye. Those against? One nay. Four out of one? 7 Fred said Item 3: Consider and take action necessary to accept the proposed settlement of the lawsuit brought against the town by the town of Roanoke. We have a motion to pass a resolution to accept the Roanoke settlement. MR. HUNTRESS: I move we accept the Roanoke settlement, the resolution to that effect. MR. DUDLEY: I second it. MR. WHITE: Got a second. Any discussion? No discussion. Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. HELD: I know you are going to get tired of hearing this, but this is a nay because I'm not in accordance with any of these injustices against our town. MR. WHITE: Okay. Four. UNIDENTIFIED SPEAKER: Gentlemen, may STANLEY, RICE & ASSOCIATES (214) 720-4567 I? I do not wish to be out of order, but if you could please respect me. I would just like to present something to you. MR. WHITE: All right. UNIDENTIFIED SPEAKER: May I do that? MR. WHITE: Yes. UNIDENTIFIED SPEAKER: Thank you. May I read aloud what it says, and then I'll be happy to be seated. MR. WHITE: Let me read it for you. Well, you read it. UNIDENTIFIED SPEAKER: Could you read it for us, Mr. Huntress? MR. HUNTRESS: Yes. To disannexing parties of Westlake: We three candidates wish to address the concern some Westlake citizens have about only being able to disannex themselves before the March 3rd election. We feel the sense of urgency over such a major decision is not prudent and are offering an alternative. Should we be elected, we promise that after a cooling -off period of six months we will honor the wishes of anyone still choosing to disannex him or herself from Westlake. Signed by Fred Held, Charla Bradshaw, and A. Bush. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: We are skipping 4. MR. HUNTRESS: No action. MR. WHITE: Yeah. We move down to the next one, to 5. Consider and take necessary action on the adoption of one or more ordinances to disannex from the town approximately 2660 acres of land requested by Hillwood; Willowbend, Limited; Hillwood 822, Limited; Hillwood 1088, Limited; Lakeway Land, Limited; Lakeway Property Company, Limited, and commonly known as the Circle T Ranch. Release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities, and enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. I've got -- in short, take action to adopt an ordinance to disengage -- or disannex 2660 acres of Circle T property. Care to entertain a motion? MR. WOOD: The first motion is to adopt the ordinance. ordinance. MR. DUDLEY: I move that we adopt the MR. HUNTRESS: I'll second the motion. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Any discussion? No discussion. Those for? MR. HUNTRESS: Aye. MR, R-Eiiff-P Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: How many is that, four? What did we have, three or four? MR. HUNTRESS: Four. MR. WHITE: Those against? MR. HELD: Just destroy the town. MR. WOOD: We've got to get these executed first. MR. WHITE: You going to sign -- MR. WOOD: MR. WHITE: up, if we can. Okay. Are you up-to-date? No, I have to get -- I would like to speed it MR. WOOD: Okay. MR. HUNTRESS: What is this now? MR. WOOD: This is the -- each one of these -- these need to be made an ordinance and resolution to releasing the ETJ, so now your next motion is to release the ETJ on that section of Circle T. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Okay. MR. WHITE: If he's ready. I don't know if you do -- are you -all ready? MR. HUNTRESS: We are. MR. WHITE: Okay. Next item is -- it is not an item. It is a sub -item on there. A) Motion to pass a resolution to release the land from the ETJ of the town. And I need a second -- I need a motion. MR. HUNTRESS: I move that we adopt the resolution unconditionally releasing the ETJ of Westlake. MR. WHITE: A second? MR. DUDLEY: I'll second it. MR. WHITE: A second. Discussion? MR. HUNTRESS: Got a motion to second. MR. WHITE: Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye MR. WHITE: Did all of you aye over there? MR. HUNTRESS: Yes. MR. WHITE: I'm only hearing two. So we've got -- again, we've got four. And Fred? MR. HELD: Four and Fred. That's correct. STANLEY, RICE & ASSOCIATES (214) 720-4567 That's kind of the way it has been, hasn't it, Mayor. MR. WHITE: What is this one? MR. WOOD: This is the joint resolution on the same property. Let me get you to sign this here. UNIDENTIFIED SPEAKER: May I approach, Mayor and the Aldermen? MR. HUNTRESS: Move on. UNIDENTIFIED SPEAKER: May I approach? MR. WHITE: Pardon me? UNIDENTIFIED SPEAKER: May I approach? MR. WHITE: Yes. UNIDENTIFIED SPEAKER: I would like to introduce myself. I am Deborah Heath. MR. WHITE: Deborah, pleasure to meet you. UNIDENTIFIED SPEAKER: I am a volunteer for Westlake, and I'm really sorry that I'm no longer going to be working with you men as a volunteer for Westlake. I'm sorry this is happening. MR. HUNTRESS: Thank you. Go ahead and make a motion. MR. DUDLEY: Volunteer what? MR. HELD: Volunteer worker for Westlake. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Dale, go ahead. MR. WHITE: Okay. Are we up to date? MR. HUNTRESS: Joint resolution. MR. WHITE: Okay. I need a motion to pass a joint resolution accepting the ETJ. MR. HUNTRESS: Release and acceptance. MR. WHITE: They've already released. Just acceptance. MR. HUNTRESS: I move that we move for a joint resolution and agreement on release and acceptance of the ETJ. MR. WHITE: Second? MR. DUDLEY: I'll second it. MR. WHITE: Second. Discussion? Those for. MR. HUNTRESS: Aye. Did you second? MR. DUDLEY: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye MR. HUNTRESS: Aye MR. MOORE: Aye MR. HELD: Fred. MR. HUNTRESS: Hello, Richard. MR. DUDLEY: Are we down to Charles and Linda Slocum? MR. HUNTRESS: Yeah, I think so. MR. WHITE: Now, we've got more motions for release, motions to accept. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WOOD: Right. And now you need to go down to the next one, the ordinance. MR. WHITE: Okay. This is another ordinance. Are we starting over again on the three? MR. WOOD: Right. And here is another ordinance that describes part of the Circle T. This is the ordinance of disannexing. MR. WHITE: Okay. MR. HUNTRESS: Go ahead, Dale. MR. WHITE: All right. The next -- we've got two more and then -- alike, and basically we have a series of -- that are alike, so rather than read the first thing again, I'll just go ahead from there with a short -- take action to adopt an ordinance to disannex 2660 acres of Circle T property. We need a motion to pass the order. MR. HUNTRESS: I move that we adopt an ordinance to disannex the land described. MR. WHITE: A second? MR. DUDLEY: Second it. MR. WHITE: Any discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. q-tN MR. . Aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. MOORE: Aye. MR. WHITE: Four ayes. Fred -- MR. HELD: Are all three of these under on No. 5? 1 don't understand why we are -- MR. WHITE: Yes. They are going to be more than -- there's going to be another set of these. MR. HELD: Nay again. MR. WHITE: They are identical. UNIDENTIFIED SPEAKER: But it was only on the agenda once. MR. WHITE: It is Item 5, but there's three -- you see it says ordinance, adopt ordinance? And there's three sets. MR. DUDLEY: One or more ordinances. MR. HUNTRESS: Yeah. Howard, did you second that? MR. DUDLEY: Yes. MR. HUNTRESS: Yes. MR. WHITE: Howard seconded that. MS. CROSSWY: Did you second it? Carroll made the motion. MR. HUNTRESS: Yes. UNIDENTIFIED SPEAKER: Would it be too much to ask for you to explain what he's -- why he is doing the same thing three times? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Beats me. Scott? UNIDENTIFIED SPEAKER: Is there a legal reason for it? MR. HUNTRESS: Must be. UNIDENTIFIED SPEAKER: -- there are three parts of the ranch. The ordinances take the 2660 acres in sequences. MR. HUNTRESS: 2660 acres. Boy, wouldn't you like to have that? Boy, that's a lot of property. MR. WOOD: Okay. Here is the next one, it's the release of ETJ on that second set. MR. WHITE: Next is a motion to ask a resolution to release the land from the ETJ of the town. The same 2660 acres are within the same 2660 acres. MR. HUNTRESS: I move we pass a resolution unconditionally releasing the ETJ of Westlake. MR. WHITE: Second? MR. OIEN: Second. MR. WHITE: Discussion? No discussion. Okay. Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. DUDLEY: Aye. MR. MOORE: Aye MR. WHITE: And Fred? MR. HELD: Four and Fred (Nay) MR. HUNTRESS: Gosh, this is ridiculous. It's so long. MR. WHITE: Folks, I'm sorry for all of this delay on all of this signing, but the lawyers say it has got to be done. UNIDENTIFIED SPEAKER: Yes, you are sorry. I would like to know how any of this, from someone on that side of the table, fulfills your obligation and oath to do the best for the town of Westlake. Just one item, one reason. MR. HUNTRESS: Go ahead. Do the next one, Dale. UNIDENTIFIED SPEAKER: One? Did you take an oath? UNIDENTIFIED SPEAKER: Did you take a bribe? UNIDENTIFIED SPEAKER: I'm glad you think it is so amusing. MR. WHITE: We are not going to have any harassing now, please. Let's have some order. We'll be glad to talk and all of that, but let's -- UNIDENTIFIED SPEAKER: Who elected STANLEY, RICE & ASSOCIATES (214) 720-4567 you? MR. HUNTRESS: Move on. MR. WHITE: No, we've got to go back. We have another set. We've got two or three more. MR, HUNTRESS: What is this one, joint resolution? MR. WOOD: Second. This is the joint resolution. MR. HUNTRESS: Dale, we need a motion for the joint resolution. Same -- MR. WHITE: We are ready, Bill? MR. WOODS: Yeah. MR. WHITE: Okay. Motion to pass a joint resolution accepting the ETJ. Need a motion. MR. HUNTRESS: I move we pass the joint resolution accepting the ETJ. MR. WHITE: And a second? MR. OIEN: Second. MR. WHITE: Those for -- discussion. I'm sorry. Nobody is discussing anything. I still want to say it. Any discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: I heard four. Fred? MR. HELD: Nay. MR. WHITE: Sign so -- we need to start moving forward. Well, wait a minute. We are still -- we've got three more to do. MR. HUNTRESS: No. MR. WHITE: Three more. MR. HUNTRESS: Dale, you didn't sign that one, did you? Did you? I don't think so. MR. WHITE: I don't know. Can you hear now in the back? Do you want me to tell them to hurry up? MR. WOOD: Okay. We are ready to do No. 6, the Slocum tract. This is the order. It is disannexing. Item No. 5. MR. WHITE: We are on No. 6. Are you ready? Consider and take necessary action on the adoption of ordinance -- of an ordinance -- it isn't in there -- to disannex from the town approximate 22 acres of land requested by Charles and Linda Slocum. Release the above described land from extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities and enter into one or more agreements with such adjacent cities adjusting the boundaries of their STANLEY, RICE & ASSOCIATES (214) 720-4567 respective extra territorial jurisdictions to reflect such release of land. MR. WOOD: You have to move to adopt the order. MR. HUNTRESS: I move to the -- adopt the order of disannexing of the land owned by Charles and Mrs. Slocum. MR. OIEN: MR. WHITE: MR. DUDLEY: MR. WHITE: MR. HELD: present this evening? MR. WHITE: MR. HELD: present this evening? MR. WHITE: Apparently not. Second. Got a second. Al seconded it. Discussion? Mayor, are these people I didn't hear that. I said, are these people Are the Slocums here? MR. HUNTRESS: Mr. Slocum? MR. WHITE: The Slocums are not here. UNIDENTIFIED SPEAKER: Is there a written request? MR. HUNTRESS: Yes, there was. MR. HELD: If they are not here, I can't ask them a question. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Those for? MR. WOOD: I'm sorry, go ahead. MR. WHITE: Those for? MR. OIEN: Aye. MR. DUDLEY: Aye. MR, HUNTRESS: Aye. MR. MOORE: Aye MR. WHITE: Fred, no, right? MR. HELD: Nay for Fred. MR. WOOD: This is the ordinance. You have two places to sign. The next motion will be on the ETJ release on the Slocum tract. MR. WHITE: Okay. Resolution to release the land from the ETJ. Okay. MR. WOOD: That's fine. MR. WHITE: Are we ready? Ready. Okay. We need a motion -- a motion to pass a resolution to release the land from the ETJ of the town, the Slocum property. MR. HUNTRESS: I move we adopt the resolutions unconditionally releasing the ETJ of the Slocum property. MR. WHITE: Okay. A second. MR. OIEN: Second it. MR. WHITE: Al's the second. Discussion? Those for? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Four to one. Fred? MR. HELD: Nay. MR. HUNTRESS: Here you go, Dale. I guess you've got to sign this. MR. WOOD: We missed a signature. MR. HUNTRESS: Where? MR. WOOD: oh, it,s -- MR. WHITE: Three is joint resolution. MR. HUNTRESS: We've got to do another one on the Slocum? MR. WOOD: this one through. MR. WHITE: when you are ready. MR. WOOD: Slocum. Yeah. Let me get -- move Okay. You just tell me Okay. The next one is MR. DUDLEY: We've got to do another one on the Slocum? MR. HUNTRESS: Slocum. We have to do one more on the Slocum. Three on every one. MR. WOOD: Sir, I need two signatures. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Next is a motion to pass a joint resolution accepting land from the ETJ. Need a motion. MR. HUNTRESS: I move that we pass the resolution joint resolution in agreement to release and accept acceptance of the ETJ of the Slocum tract. MR. WHITE: Second? MR. OIEN: Second. MR. WHITE: Discussion. Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. WHITE: Fred. MR. HELD: Nay. MR. HUNTRESS: Here you go, Dale. MR. WHITE: We are going to 8. MR. WOOD: Well, but we are moving to 11. That's what we are doing. MR. WHITE: Oh, we are. MR. WOOD: Just say we are going to skip over this. MR. WHITE: 8. Going to 8 is the -- MR. HUNTRESS: Going to 8? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WOOD: Give me just a minute. MR. WHITE: All right. MR. HUNTRESS: No, I guess we are not. MR. WHITE: You've got -- 8 is the -- MR. WOOD: We've got one more. MR. WHITE: Hoover. MR. HUNTRESS: Yeah. 8 is Hoover, right? MR. WOOD: Right. We haven't got Dale yet. MR. HUNTRESS: That's right. MR. WOOD: Okay. Now. MR. WHITE: Consider and take necessary action on the adoption of ordinance to disannex from the town approximately 19 acres of land owned by Wayne T. Hoover, and then release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities and enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. MR. HUNTRESS: I move that we adopt an ordinance releasing disannexing the land owned by Wayne Hoover and releasing the above-described land STANLEY, RICE & ASSOCIATES (214) 720-4567 under the ETJ and enter into one or more agreements with adjacent cities adjusting the boundaries respective to ETJ. MR. WHITE: Okay. You didn't need to say all of that. Okay. We've got a motion. We need a second. MR. OIEN: Second. MR. DUDLEY: Second. MR. WHITE: Any discussion? MR. HELD: Mr. Mayor, let me ask you just one question. I'm reading this and this says that this -- this land is owned by Wayne Hoover. These others have been requested by the individuals and the people who are there. Is that the same in the eyes of the board? MR. WHITE: Who is prepared to answer that? MR. HUNTRESS: Mr. Hoover is prepared to answer it, I presume. You were requested -- you requested the disannexation, did you not? MR. HOOVER: Yes, I did. MR. HUNTRESS: Does that answer your question, Fred? MR. HELD: Yes, sir. Thank you. MR. WHITE: Where are we? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: We are up to pass the motion. We had a discussion. Now we are -- MR. WHITE: Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Did I here one over here? MR. MOORE: Aye. MR. WHITE: Those against? MR. HELD: Nay. MR. WHITE: Just keep going. No signing. rolling. MR. WOOD: No, let us get this MR. HUNTRESS: 8. Now, we go to 9. MR. WOOD: We are still on -- first we've got the ETJ for MR. WHITE: Oh, that's right. MR. HUNTRESS: I thought we did. MR. WHITE: One signature or two? MR. WOOD: Three on each one. MR. HUNTRESS: I thought it was all together. Do we move or not? MR. WOOD: Yeah, you can ahead. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Okay. Here we go. Motion to pass a resolution to release the land from the ETJ of the town, and it is Mr. Slocum. MR. WOOD: No, Mr. Hoover. MR. WHITE: Oh, I'm sorry. Hoover. Motions. MR. HUNTRESS: I so move. MR. WHITE: And a second? MR. DUDLEY: Second. MR. WHITE: Discussion? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Fred? Those for? MR. HELD: Nay. MR. WHITE: Motion passes. We have -- MR. HUNTRESS: One joint resolution. You've got to sign these, Dale. MR. WHITE: Now we have a motion to pass a joint resolution accepting land from the ETJ. I need a motion. THE HEARING OFFICER: I move we adopt a resolution -- a joint resolution accepting the ETJ. MR. WHITE: A second? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. DUDLEY: Second. MR. WHITE: Those for? MR. HUNTRESS: Aye. MR, OIEN: Aye. MR. MOORE: Aye. MR. WHITE: Maybe I better not. Discussion? Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye MR. WHITE: Those against? MR. HELD: Nay. MR. WHITE: Are we ready? MR. HUNTRESS: We don't have -- MR. WOOD: Yes, sir. MR. WHITE: Ready to go? MR. WOOD: Disannexation. MR. WHITE: Consider and take necessary action on the adoption of -- of an ordinance to disannex from the town approximately 26 acres of land requested by Robert and Linda Gunnels and Melvin and Linda Farrell. Release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities and enter into one or more agreements STANLEY, RICE & ASSOCIATES (214) 720-4567 with such adjacent cities adjusting the boundaries of the respective extra territorial jurisdictions to reflect such release of land. MR. HUNTRESS: I move we adopt the ordinance and order disannexing the land belonging to the Gunnels and the Ferrells. MR. WHITE: Second? MR. OIEN: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Okay. MR. HELD: And nay. MR. WHITE: Fred, nay; is that correct? I'm sorry, I -- MR. HELD: That's correct. MR. WOOD: Here's the ordinance, Mayor. You have two places to sign. MR. WHITE: Okay. A motion to pass a resolution to release the land from the ETJ of the town. MR. HUNTRESS: I move we adopt a resolution unconditionally releasing the ETJ of this STANLEY, RICE & ASSOCIATES (214) 720-4567 property. MR. WHITE: Second? MR. DUDLEY: Second. MR. OIEN: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye MR. WHITE: Those against? MR. HELD: Nay. MR. WOOD: Just one. MR. HUNTRESS: Now, the joint resolution. Joint resolution is next. MR. WHITE: Oh, are you ready? MR. HUNTRESS: Yeah. MR. WHITE: Okay. A motion to pass a joint resolution accepting land from the ETJ. Need a motion. MR. HUNTRESS: I move we adopt a joint resolution releasing and acceptance of the ETJ's of this property. MR. WHITE: Second? MR. HUNTRESS: Got a second? MR. OIEN: Second. MR. WHITE: Discussion? Those for? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Those against? MR. HELD: Nay. MR. WOOD: Mayor. MR. WHITE: Oh. MR. HUNTRESS: HCA is next. Top of the next page. MR. WOOD: Okay. The ordinance on the HCA. MR. WHITE: Consider and take necessary action on the adoption of ordinance -- of an ordinance. They don't put "an" in here. It reads clearer. An ordinance to disannex the town approximately 19 acress of land owned by HCA Columbia Hospital Corporation. Release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities and enter into one or more agreements with such adjacent cities adjusting the boundaries of the respective extra territorial jurisdictions to reflect such release of land. MR. HUNTRESS: I move we adopt an STANLEY, RICE & ASSOCIATES (214) 720-4567 ordinance disannexing from the town of Westlake the HCA property. MR. OIEN: Second. MR. WHITE: Second? Discussion? For? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Against? MR. HELD: Nay. MR. HUNTRESS: Okay. the motion passes. the - - The ordinance -- MR. WOOD: Okay. Do you want to do MR. WHITE: motion to pass a resolution to release the land from the ETJ of the town. Need a motion. MR. HUNTRESS: I move we adopt a resolution unconditionally releasing the extra territorial jurisdiction of Westlake to -- for the HCA property. MR. WHITE: Second? MR. DUDLEY: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. WHITE: Those against? MR. HELD: Nay. MR. WOOD: Okay. MR. HUNTRESS: Next one. MR. WHITE: Ready? Now, we do the -- MR. HUNTRESS: Joint resolution. MR. WHITE: A motion to pass a joint resolution accepting land from the ETJ motion. Motion? MR. HUNTRESS: I move that we adopt a joint resolution agreement release and acceptance of ETJ's from HCA. MR. WHITE: Second? MR. DUDLEY: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye MR. WHITE: Those against? MR. HELD: Nay. MR. HUNTRESS: Here you go, Dale. Do you want this one or that one? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: This is a pencil. MR. HUNTRESS: Oh, it is. We -- no, we are going to this one. MR. WHITE: No, I've got -- next. Okay. Now -- MR. WOOD: Okay. Mayor, the next one is going to be -- it will be Carpenter and Judy Moore together. But let me make a statement here. MR. WHITE: Right. Go ahead. MR. WOOD: Mayor, in connection with the next item, let me give the city secretary -- because the next item involves the Owen/Carpenter tract as well as the Aldermen Moore and his wife's tract. Each of the Aldermen and the mayor have executed affidavits of substantial interest in connection with the property that they own and do not intend to participate and will not, I'm told, in the votes on properties in which they have that interest. I'm going to deliver those affidavits on behalf of Aldermen Huntress, Mayor White, Aldermen Moore, Aldermen Oien, and Aldermen Dudley now to the city secretary, and the next item on the agenda is the ordinance on the Carpenter and Moore tracts. MR. WHITE: Yes, sir. That's item 11 on my list, if that -- STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Yes. MR. WHITE: Consider and take necessary action on the adoption of the ordinance to disannex from the town of Westlake 14 acres of land requested by Jerry Moore and wife and Ralph Carpenter and wife. Release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities and enter into one or more agreements with such adjacent city adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. And I would entertain a motion. MR. HUNTRESS: I move that we adopt 'an order disannexing the land of Carpenter and Moore. MR. WHITE: Second? MR. OIEN: Second. MR. WHITE: Discussion? Those for? in -- MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Did not participate MR. WHITE: Against? MR. HELD: Nay. MR. WHITE: Okay. I'm going to write MR. WOOD: You need to sign in two STANLEY, RICE & ASSOCIATES (214) 720-4567 places. MR. HUNTRESS: I did. MR. WOOD: Go to the ETJ release -- MR. WHITE: Okay. MR. WOOD: -- for those tracts. MR. WHITE: We've got the release. The motion to pass a resolution to release the land from the ETJ of the town. Need a motion. MR. HUNTRESS: I move we pass a resolution unconditionally releasing the extra territorial jurisdiction of the Carpenter/Moore tract. MR. WHITE: Got a second? MR. DUDLEY: Second it. MR. WHITE: Discussion? For? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye. MR. MOORE: Did not participate MR. WHITE: Okay. Fred's against. MR. HELD: Nay. MR. WHITE: Okay. Motion passes. And - - affidavits? MR. HUNTRESS: Are these the MR. WOOD: Yeah, that's them. MR. HUNTRESS: You are next, Howard. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. DUDLEY: Oh, I am. MR. HUNTRESS: Joint resolution. MR. WHITE: Joint resolution accepting. A motion to pass a joint resolution accepting land from the ETJ. Those for. MR. HUNTRESS: I move we pass a joint resolution agreement releasing and acceptance of ETJ's of the Moore and Carpenter land. MR. WHITE: Second? MR. DUDLEY: Second. MR. OIEN: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Did not participate MR. WHITE: Motion passes. And one MR. HUNTRESS: One abstention. MR. WOOD: One negative and one abstention. All right. This is Howard's. And you might ask him to make a statement that he will not participate. And just say you won't participate. MR. WHITE: Howard, just make a statement that you will not vote nor discuss it. MR. DUDLEY: Yeah. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Did you announce it, Dale? MR. WHITE: Did they hear me? This one is on Howard Dudley and Sherry Dudley's property, so Howard will not vote either -- nor will he discuss anything. Consider and take necessary action on the adoption of ordinance -- of an ordinance to disannex from the town approximately 115 acres of land requested by Howard and Sherry Dudley. Release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities, and enter into one or more agreements with such adjacent cities adjusting the boundaries and their respective extra territorial jurisdictions to reflect such release of land. Need a motion. MR. HUNTRESS: I move we adopt the ordinance ordered disannexing the land owned by Howard and sherry Dudley. MR. WHITE: Any second? MR. OIEN: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. MOORE: Aye. MR. DUDLEY: Did not participate MR. WHITE: Okay. One abstention and one nay. MR. HELD: Nay. MR. WHITE: Okay. The motion passes. MR. WOOD: Okay. The next one. MR. WHITE: A motion to pass a resolution to release the land from the ETJ of the town. A motion. MR. HUNTRESS: I move we pass a resolution unconditionally releasing the extra territorial jurisdiction on the Dudley tract. MR. OIEN: Second. MR. WHITE: Second. Any discussion? Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. DUDLEY: Did not participate MR. WHITE: Those against? MR. HELD: Nay. MR. WHITE: Position passes. Motion to pass a joint resolution accepting land from the ETJ- MR. HUNTRESS: I move we pass a joint resolution and agreement release and acceptance of the extra territorial jurisdiction on the Dudley tract. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR, WHITE: Second? MR, OIEN: Second. Discussion? Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. DUDLEY: Did not participate MR. WHITE: Those against? MR. HELD: Nay. MR. WHITE: Motion passes. MR. HUNTRESS: Okay. What are we on now? Go to Al's tract. MR. WHITE: Go to Al's tract? I believe isn't -- that's what you've got -- 13? We are on 13. Are we ready for the ordinance? MR. HUNTRESS: No. MR, WHITE: Al, this is yours, also. You are not going to vote and you are not going to discuss it. MR. OIEN: Yeah. MR. HUNTRESS: Promise? MR. OIEN: I signed an affidavit. MR. WHITE: He will neither vote nor discussion this one. Ready? MR, HUNTRESS: Yeah, we're ready. MR. WHITE: Consider and take necessary STANLEY, RICE & ASSOCIATES (214) 720-4567 action on the adoption of ordinance to disannex from the town approximately 40 acres of land requested by Alvin F. Offen, Jr. and Carol Offen. Release the above-described land from the extra territorial jurisdiction of the town into the extra territorial jurisdiction of one or more adjacent cities and enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such releases of land. All right. We've got a motion? MR. HUNTRESS: I move we adopt the ordinance and -- for disannexing the land belonging to Alvin Oien. MR. DUDLEY: I second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. OEIN: Did not participate MR. WHITE: Fred? MR. HELD: Nay. MR. WOOD: Okay. MR. HUNTRESS: What are we up to now? No. 14? Oh, now ETJ release. MR. WHITE: Now we need a release? MR. HUNTRESS: Yeah. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: A motion to pass a resolution to release the land from the ETJ of the town. MR. HUNTRESS: I move we pass the resolution unconditionally releasing the extra territorial jurisdiction of the land of Al Oien. MR. WHITE: Second? MR. DUDLEY: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. OEIN: Did not participate MR. WHITE: Those against? MR. HELD: Nay. MR. WOOD: Okay. The joint resolution. MR. WHITE: Motion to pass a joint resolution accepting land from the ETJ. MR. HUNTRESS: I move we pass a joint resolution and agreement releasing and accepting -- acceptance of the extra territorial jurisdiction of the Oien tract. MR. WHITE: Second? MR. DUDLEY: Second. MR. WHITE: Those for mean, discussion? Those for? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. MOORE: Aye. MR. OEIN: Did not participate MR. WHITE: Against? MR. HELD: Nay. MR. WHITE: Motion passes. Now, we go to mine. I think it is mine now. MR. HUNTRESS: 13. MR. WOOD: Just a minute. MR. DUDLEY: 16 -- we haven't done 16 yet, have we? MR. HUNTRESS: No. MR. WOOD: Al. this is -- the next one is the Huntress' release, so he won't participate in this. This is the last part of the Circle T tract. Mayor, this is on the -- MR. HUNTRESS: No. 16, but changed to 14. 16 which was changed to 14. MR, WOOD: Let me see yours. MR. HUNTRESS: The old 16. MR. WOOD: Yeah, it is the only 16. MR. HUNTRESS: The old 16. MR. WOOD: Yeah, it just doesn't say. MR. WHITE: Oh, okay. I was looking for the name. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WOOD: Make a statement he won't participate in it. MR. WHITE: This one pertains to Carroll Huntress, so he won't -- will not vote nor discuss. Consider and take necessary action to disannex the third portion of the 2660 acre Circle T Ranch (the Huntress leasehold); release such land from the extraterritorial jurisdiction of one or more adjacent cities; and enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such releases of land. ordinance? All right. Are we ready with the MR. WOOD: Yes, sir. MR. WHITE: Take action to adopt the ordinance to disannex the motion -- disannex motion, which is a motion to adopt the ordinance. MR. OIEN: I move we adopt an ordinance to disannex from the town approximately 150 -- no, STANLEY, RICE & ASSOCIATES (214) 720-4567 wrong, Wrong, wrong. MR. WHITE: Okay. MR. OEIN: Move we adopt an ordinance to disannex the third portion of the Circle T Ranch. MR. WHITE: Okay. Second? MR. DUDLEY: Second. MR. WHITE: Discussion? Those for? MR. OIEN: Aye. MR. DUDLEY: Aye MR. MOORE: Aye MR. HUNTRESS: Did not participate MR. WHITE: Those against? MR. HELD: Nay. Who was it that didn't vote on that, Mayor? You didn't? MR, HUNTRESS: (Indicating.) MR. WOOD: You need to act as Mayor Pro -Tem on this. Give me just a minute before you start. MR. OIEN: Okay. MR. WOOD: Release the ETJ, and just say on the same tract. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: This is a motion to pass a resolution to release the land from the ETJ of the town. MR. OIEN: I move we adopt an ordinance to release the Town's extra territorial jurisdiction with respect to the above-described property. MR. WHITE: Second? MR. DUDLEY: Second. MR. WHITE: Resolution. Need a second. MR. DUDLEY: I second. MR. WHITE: Discussion? Those for? MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. HUNTRESS: Did not participate MR. WHITE: Those against? MR. HELD: Nay. MR. WHITE: Resolution passed. MR. WOOD: He can't sign it. You are acting for him. MR. WHITE: We haven't done -- MR. WOOD: All right. Are you going to do the joint resolution, Mayor? MR. WHITE: Yeah. STANLEY, RICE & ASSOCIATES (214) 720-4567 This is a motion to pass a joint resolution accepting land from the ETJ. Motion, please. MR. OIEN: So moved. MR. DUDLEY: Second. MR. WHITE: Discussion? Those for? MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. HUNTRESS: Did not participate MR. WHITE: Those against? MR. HELD: Nay. MR. WHITE: Motion passes. MR. WOOD: In the next one, Dale will give his chair to you. MR. WHITE: Carroll, will you -- you have the chair now for this next one here. MR. WOOD: Let me get this a little further down the track here. Just make a statement that you won't be participating. MR. HUNTRESS: Because this concerns Mayor White's property, he will not participate in the discussion or will he -- he doesn't move any right. Next item is: Consider and take necessary action on the adoption of ordinance to disannex from the town approximately 22 acres of land requested by Dale L. and Wanda White. Release the above-described STANLEY, RICE & ASSOCIATES (214) 720-4567 land from the ETJ the town into the ETJ of one or more adjacent cities and enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. Do I have a motion? MR. DUDLEY: I move to disannex the land MR. HUNTRESS: Do I have a second? MR. OIEN: Second. MR. HUNTRESS: I have a motion and a second on the ordinance disannex to the land. Is there any discussion? No discussion. All in favor. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. WHITE: Did not participate MR. HUNTRESS: The ordinance -- three ayes? Aye, Jerry? MR. MOORE: Yeah. MR. HUNTRESS: And Fred? MR. HELD: Nay. MR. HUNTRESS: Three to one on the ordinance to disannex. MR. HELD: Carroll didn't vote. Four to one. MR. HUNTRESS; I vote. I said aye. STANLEY, RICE & ASSOCIATES (214) 720-4567 Three to one -- four to one. That's right, it is four to one. Yeah, four to one. Next order of business is the release of the ETJ from the White tract. MR. OIEN: I move we release the White land from the extra territorial jurisdiction of the town and into the extra territorial jurisdiction of one or more adjacent cities. MR. HUNTRESS: I have a motion. Do I have a second? MR. DUDLEY: Second. MR. HUNTRESS: Motion and second. Any discussion? All in favor say aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR: WHITE: Did not participate MR, HUNTRESS: Any nays? MR. HELD: Nay. MR. HUNTRESS: Four to one. Next order of business is the joint resolution regarding the respective extra territorial jurisdictions on the White property. Do I have a motion? MR. OIEN: So moved. MR. DUDLEY: Second. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: I have a motion moved and seconded to adopt a joint resolution. Is there any discussion? All in favor say aye. MR. DUDLEY: Aye. MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. WHITE:Did not participate MR. HUNTRESS: All opposed. MR. HELD: Nay. MR. HUNTRESS: Four to one carries. Okay. Mayor White's back. Relinquish your duties. Well, we are on 15, aren't we? Are we on 16? MR. DUDLEY: No, 17. We've already done -- we've already done 16. MR. WHITE: Ready for the next one? MR. HUNTRESS: Yes. What is it, 16? MR. WHITE: Yeah, it will be the original 17. MR. HUNTRESS: All right. MR. WHITE: Consider and take necessary action to amend or terminate that certain franchise agreement granted to the Lake Turner Water Supply Corporation. MR. WOOD: Hang on just a minute. MR. HUNTRESS: I move we adopt an ordinance to repeal Ordinance 149 -- and recind the STANLEY, RICE & ASSOCIATES (214) 720-4567 franchise agreement granted to the Lake Water -- Lake Turner Water Supply Corporation. MR. WOOD: Just a minute. Let me ask you to correct yourself. It is an ordinance repealing. MR. HUNTRESS: It is an ordinance repealing the ordinance 149. MR. WHITE: Have a motion. Any second? MR. DUDLEY: Second. MR. WHITE: Discussion? Those for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. WHITE: Against? MR. HELD: Nay. MR. WHITE: Motion passes. The ordinance -- the motion passes and the ordinance is adopted. MR. WOOD: Sign this for me. This is going to take me a minute, so... MR. WHITE: Ready? MR. HUNTRESS: Wait a minute. He said give him some time. He®s not ready. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. OIEN: What is that, Carroll? MR. HUNTRESS: Adopt the new map. MR. WHITE: This is Mr. Ken Davis and he's going to show you the map that we will now act on after we are through here. If you want to, you -all can ask him questions or whatever. MR. DAVIS: Excuse me. This remaining area of Westlake would be the portion shown in yellow on the map. MR. HELD: Say that again, please. MR. DAVIS: The portion of Westlake remaining in the city limits is the portion shown in yellow on the map bounded by the dark black line. MR. HELD: Is it all continuous? MR. DAVIS: Yes, sir, it is. UNIDENTIFIED SPEAKER: Can you explain how many different cities are represented as far as ETD's, where the -- MR. DAVIS: We don't have any ETJ representation on this map. We have the corporate boundary -- the portion shown in green and pink are portions that were in the county before the proceedings today and remain in the county, so we show them in color to highlight that. UNIDENTIFIED SPEAKER: How are some of STANLEY, RICE & ASSOCIATES (214) 720-4567 those small pieces connected? They don't look like they are contiguous. MR. DAVIS: Yeah, it's -- because of the scale of the map, it is hard to tell. But there's -- the connection, for example, from this portion of Westlake is through here along the south side of Dove Road (indicating). There's a connection at this point, a connection up to the Aikman tracts, a connection here to this subdivision on out to here, and this is connected to State Highway 114 back to the Lee property. UNIDENTIFIED SPEAKER: Is the Stage Coach still a subdivision contiguous to one of those pieces? MR. DAVIS: Yes, it is. UNIDENTIFIED SPEAKER: I don't see it. MR. DAVIS: It is not shown on the map, but it is contiguous to this portion right here, I believe (indicating). UNIDENTIFIED SPEAKER: I mean, even if there is a 50 -foot stretch, I don't see it at all on this map. MR. DAVIS: I may be wrong on that. Let me look. Yeah, I think Stage Coach is down here, if I remember right. STANLEY, RICE & ASSOCIATES (214) 720-4567 UNIDENTIFIED SPEAKER: A little bit to your left. MR. DAVIS: Okay, yeah. No, it is not connected. UNIDENTIFIED SPEAKER: So you ETJ's are not - - MR. DAVIS: This map has no representation of ETJ's. UNIDENTIFIED SPEAKER: So what does this mean? MR. DAVIS: This is a city limit map, a I town limit map. UNIDENTIFIED SPEAKER: The Stage Coach is still - - MR. DAVIS: This doesn't have anything to do with ETJ. UNIDENTIFIED SPEAKER: I accept that, but the ETJ is not contiguous with the town? Is that not what you are saying? MR. DAVIS: I'm not -- that's part of the legal proceeding, and I'm not aware of that. UNIDENTIFIED SPEAKER: No one has ever taken Stage Coach Hill out of the ETJ? UNIDENTIFIED SPEAKER: Can someone clarify that? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. DAVIS: That wouldn't be me. I'm not aware -- UNIDENTIFIED SPEAKER: Who could it be? I -- MR. DAVIS: I would suggest you ask -- UNIDENTIFIED SPEAKER: You have a lawyer up there. Can you clarify it? Mr. Attorney, sir? Mr. Woods, could you clarify that for us? MR. HUNTRESS: What? UNIDENTIFIED SPEAKER: Stage Coach Hill is still in the ETJ of town. MR. HUNTRESS: As far as I know. As far as I know. I have no idea. UNIDENTIFIED SPEAKER: Did we liquidate all the ETJ's? Have any actions -- MR. HUNTRESS: No. UNIDENTIFIED SPEAKER: But you have ETJ's that are not continguous on the boundary of Westlake as shown. MR. WHITE: Bring the map over here. Can you do that? MR. DAVIS: Yes, sir. MR. WHITE: I know that -- UNIDENTIFIED SPEAKER: May I show -- MR. WHITE: You -- STANLEY, RICE & ASSOCIATES (214) 720-4567 UNIDENTIFIED SPEAKER: We are actually right here. UNIDENTIFIED SPEAKER: There's the line, and I believe it is -- MR. WHITE: Right. MR. DAVIS: Right in here. (Inaudible conversation.) MR. HUNTRESS: That's up to Westlake. MR. WHITE: I don't know, sir. There is nothing else we can do. UNIDENTIFIED SPEAKER: Can we elect some people to -- to designate some -- MR. HUNTRESS: It is probably up to the new council. ETJ. any longer? see - - UNIDENTIFIED SPEAKER: We've been an MR. WHITE: So -- UNIDENTIFIED SPEAKER: So we are not MR. WHITE: Well, I don't know. You MR. HUNTRESS: We haven't put you on an I MR. WHITE: This is Perot's town. UNIDENTIFIED SPEAKER: It is Perot's STANLEY, RICE & ASSOCIATES (214) 720-4567 town. You are right. Thank you very much for that clarification. MR. WHITE: So we are not going to argue about this. UNIDENTIFIED SPEAKER: it, he didn't mean it. UNIDENTIFIED SPEAKER: UNIDENTIFIED SPEAKER: we can meet to clarify that? He didn't mean Perot's ETJ. Is there a time MR. HUNTRESS: I'm sure. Nothing -- no ETJ was ever disannexed. We've never taken action on that. UNIDENTIFIED SPEAKER: I'd humbly like to get together and sit down and -- MR. HUNTRESS: I'm sure that that will be discussed at the next council meeting, but we have not taken any action to disannex any ETJ. Nothing at all. MR. WHITE: Okay. Next item is consider and take action to adopt a new official map for the town reflecting the current boundary of the town's corporate limits and extra territorial jurisdiction. We need a motion. MR. HUNTRESS: I move we adopt an ordinance which adopts the new boundary map as shown. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: A second? MR. OIEN: Second. MR. WHITE: Any discussion? Vote for? MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye. MR. WHITE: Against? MR. HELD: Nay. MR. WHITE: Okay. What's the next one? MR. HUNTRESS: This is the last one coming up. MR. DUDLEY: No, we have -- no, we are done. MR. WHITE: Are we all ready now? MR. HUNTRESS: I guess. Wait a minute. MR. WHITE: Okay. MR. HUNTRESS: Last item. MR. WHITE: Next item. Consider and take action to approve the payment -- to approve the payment of the legal fees in connection with the litigation involving the town and the Aldermen. Have a motion? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: I move to approve the legal expenses of Wood, Thacker and Weatherly for their legal services rendered in connection with representation described, and the payment of Fielding, Barrett & Taylor and also a retainer for ongoing litigation. MR. WHITE: A second? MR. DUDLEY: Second. UNIDENTIFIED SPEAKER: How much is it? MR. WHITE: Discussion. MR. HELD: Yes, I have a question, Mayor. If we are going to -- and I asked this a couple of meetings back. If we are going to pay these legal fees for the Aldermen in conjunction with the town, I think it is the town's responsibility to pay the legal fees of all the town's employees, which includes the secretary, the Mayor, and everybody that's attached. MR. HUNTRESS: I believe we did that. Yeah, I agree. UNIDENTIFIED SPEAKER: We did not include the Mayor. UNIDENTIFIED SPEAKER: No, and that -- well, that action was vetoed, so they need to take new action if they want to do that again. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: I'd amend that to include the secretary, the only town employee we have. MR. HELD: Well, I think we -- MR. HUNTRESS: Do I have a second? MR. DUDLEY: I'll second to that. MR. HELD: -- everything that's transpired, even though I think the Mayor or anybody that has had any action in the last year should be included in that, myself. UNIDENTIFIED SPEAKER: The Aldermen have the right to be protected by Westlake, I think the Mayor does, too. I'm -- but I think we just had to make -- UNIDENTIFIED SPEAKER: This is a democratic country. MR. WHITE: Come on. UNIDENTIFIED SPEAKER: You just absolutely made a mockery of our democratic process. I thank you. that. MR. HUNTRESS: Did you move? MR. WHITE: Yeah. We can take care of MR. HUNTRESS: Yeah. MR. WHITE: We have a motion? MR. HUNTRESS: Yes. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Discussion was over. Vote. 61 MS. CROSSWY: Mr. Mayor, what is the motion? Will you repeat the motion so I mike sure I get it. MR. HUNTRESS: Motion to approve the legal fees. MR. WHITE: For the legal fees. MR, HUNTRESS: Of Wood, Thacker and Weatherly and Fielding, Barrett and Taylor, and in addition with a retainer for ongoing litigation. MR. DUDLEY: And for. UNIDENTIFIED SPEAKER: Does that include - - MR. HUNTRESS: Yeah, we amended. Who is yours? Yes. Is that Boil -- Boils and -- MS. CROSSWY: Not Mayor Bradley. MR. HUNTRESS: Anybody that -- we amended to all the -- all the city employees or anybody to do with the litigation. MR. HELD: Mr. Mayor, can I ask how much we are talking about? MR. HUNTRESS: I don't know. Well, some of this has been paid, and so... MR. HELD: A ballpark figure. What are STANLEY, RICE & ASSOCIATES (214) 720-4567 we talking about overall. MR. HUNTRESS: Overall somewhere -- MR. WHITE: I don't consider it even important at all. It would put on, forced on. MR. HUNTRESS: We have a motion to move the question, Mr. Mayor. UNIDENTIFIED SPEAKER: You are now not spending your money, you are spending their money. You have taken yourselves out of the city. MR. HUNTRESS: Move the question. MR. HELD: Who was the law firm you said, Fielding -- MR. HUNTRESS: Fielding, Barrett & Taylor -- MR. HELD: When were they hired? MR. HUNTRESS: -- Staples for litigation. MR. HELD: Staples. UNIDENTIFIED SPEAKER: Who authorized MR. HUNTRESS: Board of Aldermen. UNIDENTIFIED SPEAKER: In an open MR. HUNTRESS: Yep. Move the question. MR. WHITE: Those for? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. MOORE: Aye UNIDENTIFIED SPEAKER: May I ask MR. WHITE: Motion passes. UNIDENTIFIED SPEAKER: -_ since you folks don't live here, are we going to get your resignation from office or are you going to attempt to stay in office until the new board is is that the reason that you postponed it so that MR. WHITE: Scott, we are going to do it exactly like the book says. we are doing it exactly like the book says. We are not adding, we are not doing anything wrong. UNIDENTIFIED SPEAKER: And what is that, the book according to Perot? UNIDENTIFIED SPEAKER: What does that mean? You don't live here, are you going to try to continue in the office as Mayor -- Mr. Huntress going to attempt to remain the Mayor Pro -Tem even though you -all don't live here according to your action? MR. WHITE: We are going to do what the statutes says to do. UNIDENTIFIED SPEAKER: What is the statute? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: My understanding of the statute is we stay in office until the new people take office, whether we live in town or not. UNIDENTIFIED SPEAKER: In that case, why don't you let them take office earlier by resigning. MR. WHITE: Well, you can't just do that. You can't. UNIDENTIFIED SPEAKER: Yes, you can resign, and those who are left can fill your positions or we can call a new election. It is all right with us if the office is vacant. MR. WHITE: The new election is in August. UNIDENTIFIED SPEAKER: That's all right. We can get by with what we've got if you folks would be good enough to resign. MR. WHITE: Oh, come on Scott. How did the vote go on the last one? MR. HUNTRESS: Four to one. MR. WHITE: Yeah, but who did what? MR. HUNTRESS: Well, aye. MR. DUDLEY: Aye. MR. OIEN: Aye. MR. HELD: You didn't take a vote. STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WHITE: Those for? MR. HUNTRESS: Aye. MR. OIEN: Aye. MR. DUDLEY: Aye, again. MR. MOORE: Aye. MR. WHITE: Okay. Those for? MR. HUNTRESS: Aye. MR. WHITE: Those against? MR. HELD: Nay. I hate to be the odd man out, but I just don't want to be any part of the dismantling of the town, Mayor. I'm sorry. MR. WHITE: Okay. MR. WOOD: All right. These are the orders on the annexation. This is Carroll's, so you sign, and he's acting Mayor Pro -Tem. This is going to take just a minute. MR. WHITE: Okay. MR. WOOD: Okay. This is Jerry's and -- all right. That's fine. MR. WOOD: Mayor, yours. Okay. The Mayor and the Mayor Pro -Tem. You have to sign -- I need you to stay a little bit, since you acted as Mayor Pro -Tem. We are fixing to adjourn. MR. OIEN: We don't need to do this or that (indicating)? STANLEY, RICE & ASSOCIATES (214) 720-4567 MR. WOOD: No, we didn't have anything to do with that. MR. OIEN: Okay. MR. WOOD: Mayor, entertain -- MR. WHITE: Okay. Chair entertain a motion. If there are no objections, the meeting is adjourned. MR. HUNTRESS: I move we adjourn. MR. DUDLEY: Second. MR. OIEN: Second. MR. HUNTRESS: Aye. MR. DUDLEY: Aye. MR. OIEN: Aye. (END OF PROCEEDINGS.) STANLEY, RICE & ASSOCIATES (214) 720-4567 212 TOWN OF WESTLAKE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF ALDERMEN MAY 2, 1997 Present: Carroll Huntress, Mayor Pro -Tem Howard Dudley, Member Al Oien, Member Jerry Moore, Member Dale White Scott Bradley Ernie Hedgcoth, Town Engineer Bill Wood, Town Attorney Jane Thacker, Town Attorney Ginger Crosswy, Town Secretary Ike Schupe, Hughes & Luce Absent: No one The meeting was called to order at 5:15 p.m. by Carroll Huntress. Item #1: Consider and take action necessary to appoint a person to fill the vacancy in the office of the mayor. Motion by Alderman Oien, seconded by Alderman Dudley, to appoint Dale L. White to fill the office of mayor. Motion carried 4 -for 1 -against Fred Held At this time Mr. White was sworn in by a notary from Bill Wood's office. At 5:17 p.m. Mr. White recessed the meeting until 6:30 p.m. to move to a meeting room across the hall. At 6:30 p.m. the meeting was reconvened. Item #2: Consider and take action to reschedule canvassing the results of the May 3, 1997, election until Friday, May 9, 1997, which is the earliest date that new elected Aldermen may legally exercise their duties pursuant to Section 22.006 of the Local Government Code. Motion by Alderman Oien, seconded by Alderman Dudley, to reschedule canvassing of the May 3rd election until Friday, May 9, 1997, at 11:00a.m. Alderman Held asked why the canvassing couldn't be done on Monday, May 5, 1997, as originally scheduled? Mr. White stated that Friday, May 9"' is the earliest date canvassing can be done. Mayor Bradley stated from the audience that Roanoke has scheduled their canvassing for Tuesday, May 6, 1997. Alderman Huntress called the question. 213 May 2, 1997 Special Meeting Page 2 Motion carried 4 - for 1 - against Fred Held Item #3: Consider and take action necessary to accept the proposed settlement of the lawsuit brought against the Town by the Town of Roanoke. Motion by Alderman Huntress, seconded by Alderman Dudley, to accept the Roanoke settlement. Motion carried 4 -for 1 -against Fred Held At this point Stephen Thornton of 13103 Roanoke Road in Westlake presented a letter to the Board and Alderman Huntress read it to the assembly. The letter was signed by the three candidates for the Board of Aldermen, Fred Held, Charla Bradshaw and Abe Bush. They asked all of the parties requesting disannexation to wait until the new Board is seated. Then after a cooling off period of six months if they still want to be disannexed their wishes would be honored. Item #4: Consider and take action with respect to the negotiation and approval of an Interlocal Agreement between the Town and the Lake Turner Municipal Utility Districts. There was no action on this item. Item #5: Consider and take necessary action on the adoption of one or more ordinances to (i) disannex from the Town approximately 2660 acres of land requested Hillwood/Willowbend, Ltd., Hillwood/822, Ltd., Hillwood/1088, Ltd., Lakeway Land, Ltd., Lakeway Property company, Ltd. and commonly known as the Circle T Ranch, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Dudley, seconded by Alderman Huntress, to approve the ordinance disannexing a portion of the Circle T Ranch. Motion carried 4 - for 1 - against Fred Held (ii) Motion by Alderman Huntress, seconded by Alderman Dudley, to adopt the resolution unconditionally releasing the extra territorial jurisdiction. Motion carried 4 - for 1 - against Fred Held (iii) Motion by Alderman Huntress, seconded by Alderman Dudley, to adopt a joint resolution and agreement on release and acceptance of the extra territorial jurisdiction. 214 May 2, 1997 Special Meeting Page 3 Motion carried 4 - for 1 - against Fred Held (i) Motion by Alderman Huntress, seconded by Alderman Dudley, to approve the ordinance disannexing the Circle T Ranch. Motion carried 4 - for 1 -against Fred Held (ii) Motion by Alderman Huntress, seconded by Alderman Dudley, to pass a resolution to unconditionally release the ETJ of Westlake. Motion carried 4 - for 1 - against Fred Held (iii) Motion by Alderman Huntress, seconded by Alderman Oien, to pass a joint resolution accepting the ETJ. Motion carried 4 - for 1 - against Fred Held Item #6: Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 22 acres of land requested by Charles and Linda Slocum, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt the order disannexing the land owned by Charles and Mrs. Slocum. Motion carried 4 - for 1 - against Fred Held (ii) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt the resolution unconditionally releasing the ETJ. Motion carried 4 - for 1 - against Fred Held (iii) Motion by Alderman Huntress, seconded by Alderman Oien, to pass the joint resolution in agreement to release and accept the ETJ: Motion carried 4 - for 1 - against Fred Held Item #9: Mr. White stated that we would consider item #7 & 8 later in the meeting. Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 19 acres of land owned by Wayne T. Hoover, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such 215 May 2, 1997 Special Meeting Page 4 adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt the ordinance disannexing land owned by Wayne T. Hoover. Motion carried 4 - for 1 - against Fred Held (ii) Motion by Alderman Huntress, seconded by Alderman Dudley, to pass a resolution to release the land from the ETJ of the Town. Motion carried 4 - for 1 - against Fred Held (iii) Motion by Alderman Huntress, seconded by Alderman Dudley, to adopt a joint resolution accepting the ETJ. Motion carried 4 - for 1 - against Fred Held Item #10: Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 120 acres of land owned by Sam and Margaret Lee and Frank Wright, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. Earlier today Mr. Lee's attorney filed a letter at the Town Hall stating that he had not requested disannexation from the Town and stating that he wanted this item taken off of tonight's agenda. Therefore there was no action taken on this item. Item #11: Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 26 acres of land requested by Robert and Linda Gunnels and Melvin and Linda Farrell, (ii) release the above- described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt the ordinance and order disannexing the land belonging to the Gunnels and the Farrells. Motion carried 4 - for 1 - against Fred Held (ii) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt a resolution unconditionally releasing the ETJ of this property. 216 May 2, 1997 Special Meeting Page 5 Motion carried 4 - for 1 - against Fred Held (i) Motion by alderman Huntress, seconded by Alderman Oien, to adopt a joint resolution releasing and acceptance of the ETJ of this property. Motion carried 4 - for I - against Fred Held Item # 13: Mr. White stated that Item #12 would be considered later in the meeting. Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 19 acres of land owned by HCA Columbia Hospital Corporation, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt an ordinance disannexing from the Town the property owned by HCA Columbia Hospital Corporation. Motion carried 4 - for 1 - against Fred Held (ii) Motion by Alderman Huntress, seconded by Alderman Dudley, to adopt a resolution unconditionally releasing the extra territorial jurisdiction of the property. Motion carried 4 - for 1 - against Fred Held (iii) Motion by Alderman Huntress, seconded by Alderman Dudley, to adopt a joint resolution agreement release and acceptance of ETJ of the property. Motion carried 4 - for 1 - against Fred Held Item # 14: Mr. White stated that Item #12 and #14 will be considered together. Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 20 acres of land requested by Jerry and Judy Moore and Owen Carpenter, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. Bill Wood then told the assembly that Mr. White, Mr. Huntress, Mr. Dudley, Mr. Oien and Mr. Moore had all executed affidavits of substantial interest in connection with the property that they own and do not intend to participate in 217 May 2, 1997 Special Meeting Page 6 the votes on properties in which they have that interest. Mr. Wood then filed those affidavits with the Town Secretary. (i) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt an order disannexing the land of Carpenter and Moore. Motion carried 3 - for 1 - against Fred Held 1 - abstention Jerry Moore (ii) Motion by Alderman Huntress, seconded by Alderman Dudley, to pass a resolution unconditionally releasing the extra territorial jurisdiction of the Carpenter and Moore tract. Motion carried 3 - for 1 - against Fred Held 1 - abstention Jerry Moore (iii) Motion by Alderman Huntress, seconded by Alderman Dudley, to pass a joint resolution agreement releasing and acceptance of ETD's of the Moore and Carpenter land. Motion carried 3 - for 1 - against Fred Held 1 - abstention Jerry Moore Item #15: Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 115 acres of land requested by Howard and Sherry Dudley, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Huntress, seconded by Alderman Oien, to adopt the ordinance ordered disannexing the land owned by Howard and Sherry Dudley. Motion carried 3 - for 1 - against Fred Held I - abstention Howard Dudley (ii) Motion by Alderman Huntress, seconded by Alderman Oien, to pass a resolution unconditionally releasing the extra territorial jurisdiction on the Dudley tract. Motion carried 3 - for 1 - against Fred Held 1 - abstention Howard Dudley (iii) Motion by Alderman Huntress, seconded by Alderman Oien, to pass a joint resolution and agreement release and acceptance of the extra territorial jurisdiction of the Dudley tract. 218 May 2, 1997 Special Meeting Page 7 Motion carried 3 - for 1 - against Fred Held 1 - abstention Howard Dudley Item #8: Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 40 acres of land requested by Alvin F. Oien, Jr. and Carol Oien, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. (i) Motion by Alderman Huntress, seconded by Mr. Dudley, to adopt the ordinance for disannexing the land belonging to Al Olen. Motion carried 3 - for 1 - against Fred Held 1 - abstention Al Oien (ii) Motion by Alderman Huntress, seconded by Mr. Dudley, to pass the resolution unconditionally releasing the extra territorial jurisdiction of the land of Al Oien. Motion carried 3 - for 1 - against Fred Held 1 - abstention Al Oien (iii) Motion by Alderman Huntress, seconded by W. Dudley, to pass a joint resolution and agreement releasing and accepting the extra territorial jurisdiction of the Oien tract. Motion carried 3 - for 1 - against Fred Held 1 - abstention Al Oien Item # 16: Consider and take necessary action to adopt one or more ordinances to (i) release four tracts located west of the eastern right of way of SH 377, and located on Ottinger Road near the cemetery; and the cemetery on Ottinger Road (aggregating approximately 56 acres of land) from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (ii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such releases of land. (i) Motion by Mr. Olen, seconded by Mr. Dudley, to adopt an ordinance to release four tracts located west of the eastern right of way of SH 377, and located on Ottinger Road near the cemetery; and the cemetery on Ottinger Road aggregating approximately 56 acres of land from the extra 219 May 2, 1997 Special Meeting Page 8 territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent Cities. Motion carried 3 - for 1 - against Fred Held 1 - abstention Carroll Huntress (ii) Motion by Mr. Oien, seconded by Mr. Dudley, to adopt an ordinance to enter into one or more agreements with such adjacent cities adjusting the boundaries of the respective extra territorial jurisdiction to reflect such releases of land of the above-described property. Motion carried 3 - for 1 - against Fred Held 1 - abstention Carroll Huntress (iii) Motion by Mr. Oien, seconded by Mr. Dudley, to pass a joint resolution accepting land from the ETJ. Motion carried 3 - for 1 - against Fred Held 1 - abstention Carroll Huntress Item #7: Consider and take necessary action on the adoption of ordinance to (i) disannex from the Town approximately 22 acres of land requested by Dale L. and Wanda White, (ii) release the above-described land from the extra territorial jurisdiction of the Town into the extra territorial jurisdiction of one or more adjacent cities, and (iii) enter into one or more agreements with such adjacent cities adjusting the boundaries of their respective extra territorial jurisdictions to reflect such release of land. Mr. Huntress assumed the chair for this item. (i) Motion by Mr. Dudley, seconded by Mr. Oien, to disannex the land. Motion carried 4 - for 1 - against Fred Held (ii) Motion by Mr. Oien, seconded by Mr. Dudley, to release the White land from the extra territorial jurisdiction of the Town and into the extra territorial jurisdiction of one or more adjacent cities. Motion carried 4 - for 1 - against Fred Held (iii) Motion by Mr. Oien, seconded by Mr. Dudley, to pass the joint resolution regarding the respective extra territorial jurisdictions on the White property. Motion carried 4 - for 1 - against Fred Held Item # 17: Consider and take necessary action to amend or terminate that certain Franchise Agreement granted to the Lake Turner Water Supply Corporation. 220 May 2, 1997 Special Meeting Page 9 Motion by Mr. Huntress, seconded by Mr. Dudley, to adopt an ordinance repealing Ordinance No. 149 which granted the franchise agreement to the Lake Turner Water Supply Corporation. Motion carried 4 - for 1 - against Fred Held Item #18: Consider and take such other action as may reasonably be necessary to facilitate the above-described annexations and releases of extra territorial jurisdiction. No action was taken on this item. Item #19: Executive Session: No executive session was needed. Item #20: Consider and take action necessary with respect to pending litigation involving the Town and the Alderman. No action was taken on this item. Item #21: Consider and take action to adopt a new Official Map for the Town reflecting the current boundary of the Town's corporate limits and extra territorial jurisdiction. Mr. White introduced Ken Davis of Carter & Burgess. Mr. Davis presented the new map to the Board and the assembly. There were several questions from the audience as to whether the pieces remaining in the Town were contiguous. Mr. Davis stated that all of the pieces are tied together with 50 foot ribbons of land or by roadways. The audience then asked if Stagecoach Hills was still in the extra territorial jurisdiction of the Town even though it was not connected to the remaining pieces of the Town? No one could answer this question even though the Board stated that they had not removed Stagecoach Hills from the Town's extra territorial jurisdiction. Motion by Mr. Huntress, seconded by Mr. Oien, to adopt an ordinance which adopts the new boundary map as shown. Motion carried 4 - for 1 - against Fred Held Item #22: Consider and take action to approve the payment of legal fees in connection with litigation involving the Town and the Aldermen. Motion by Mr. Huntress, seconded by Mr. Dudley, to approve the legal expenses of Wood, Thacker and Weatherly for their legal services rendered in connection with representation described, and the payment of Fielding, Barrett & Taylor and also a retainer for ongoing litigation. Alderman Held asked "If we are going to pay these legal fees for the aldermen in conjunction with the Town, I think it is the Town's responsibility to pay the legal fees of all the Town's employees, which includes the secretary, the Mayor, and everybody that's attached." Mr. Huntress amended his motion to include the secretary and Mr. Dudley seconded the amendment. The secretary asked Mr. Huntress to 221 May 2, 1997 Special Meeting Page 10 restate his motion and Mr. Huntress said "We amended to all the city employees or anybody to do with the litigation." Alderman Held asked how much we were talking about. No one would answer this question. Mr. Huntress moved the question. Alderman Held asked who Fielding, Barrett & Taylor was. Mr. Huntress replied that George Staples is from that firm. Alderman Held then asked when they were hired. Mr. Huntress again moved the question. Motion carried 4 - for I - against Fred Held Scott Bradley asked from the audience when the Aldermen who had just removed themselves from the Town were going to resign. Mr. White stated that they were going to go strictly by the book. Mr. White told the assembly that in his understanding, they would stay in office until the new people took office. To which he was asked why they didn't let them take office early. Mr. White then said that they couldn't do that. Item #23: Motion to adjourn by Mr. Huntress, seconded by Mr. Dudley. Motion carried unanimously. The meeting was adjourned at 8:25 p.m. These minutes were never approved by any Board of Aldermen RECEIVED MAY 0 1 Ioo7 TOWN OF WESTLAKE TOWN OF WESTLAKE NOTICE J [:-OG A.6,- TO THE CITIZENS OF THE TOWN OF WESTLAKE, TEXAS: Notice is hereby given that the special meeting of the Board of Aldermen purportedly called by Carroll Huntress, Alderman of the Town of Westlake, Texas, to be held at 5:15 p.m. on Friday, May 2, 1997, is not a lawfully called meeting for the following reasons: 1. The purported meeting is not a regularly scheduled meeting. 2. Under the Local Government Code, Section 22.038, 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. Under Local Government Code, Section 22.038, each member of the governing body, the Secretary, and the Municipal Attorney must be notified of the special meeting by notice given personally or left at the person's usual place of residence. Upon information and belief, this requirement has not been met. For the reasons stated above, notice of the purported meeting posted by Mr. Huntress is hereby CANCELED. As proposed, it is not a lawfully called meeting. Respectfully submitted, 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, on Thursday, May 1, 1997 at 5:00 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code. Ginger J6rosswy, Town S tary tej- J'a-- 14.,4 TOWN OF WESTLAKE 3 Village Circle Suite 207 Solana ."Jestlake, Texas 76262 �w0etro (817) 430-0941 t' ax (817) 430-1812 May 5, 1997 To the Board of Aldermen Re: Unlawful Meeting Held May 2, 1997 Gentlemen: Under the authority of Section 52.003 of the Local Government Code, I have disapproved all ordinances, resolutions and actions adopted at the purported meeting of the Board of Aldermen held May 2, 1997. The meeting was not called in accordance with Local Government Code § 22.038. None of the matters considered at that meeting involved ministerial actions, so the meeting could have } been called only by the mayor on his own motion or on the application of three Aldermen. Neither of these circumstances occurred. On information and belief, all actions taken at the meeting were pursuant to an arranged plan agreed upon by Aldermen Huntress, Oien, Dudley and Moore prior to the meeting in violation of the Open Meetings Act. In addition, Aldermen Huntress, Oien, Dudley and Moore have a conflict of interest that prohibited them from voting on each of the matters on the agenda. Further, Aldermen Huntress, Oien, Dudley and Moore engaged the assistance of Wood, Thacker & Weatherly. This firm has an irreconcilable conflict of interest that bars them from participating in the actions taken. Respectfully yours, .Scott :t Bradley Mayor SB:dr To the Board of Aldermen May 5, 1997 Page 2 cc: Mr. Carroll Huntress P. O. Box 593 Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 535 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr: Howard Dudley 1650 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 536 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Al Oien 1440 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 537 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Jerry Moore P. O. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 504 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 505 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL WSSTLIKE Circle [07 Solana *Vstlake, Texas 76262 itro (817) 430-0941 ,ax (817) 430-1812 May 5, 1997 To the Board of Aldermen Re: Unlawful Meeting Held May 2, 1997 Gentlemen: Under the authority of Section 52.003 of the Local Government Code, I have disapproved all ordinances, resolutions and actions adopted at the purported meeting of the Board of Aldermen held May 2, 1997. The meeting was not called in accordance with Local Government Code § 22.038. None of the matters considered at that meeting involved ministerial actions, so the meeting could have been called only by the mayor on his own motion or on the application of three Aldermen. Neither of these circumstances occurred. On information and belief, all actions taken at the meeting were pursuant to an arranged plan agreed upon by Aldermen Huntress, Oien, Dudley and Moore prior to the meeting in violation of the Open Meetings Act. In addition, Aldermen Huntress, Oien, Dudley and Moore have a conflict of interest that prohibited them from voting on each of the matters on the agenda. Further, Aldermen Huntress, Oien, Dudley and Moore engaged the assistance of Wood, Thacker & Weatherly. This firm has an irreconcilable conflict of interest that bars them from participating in the actions taken. Respectfully yours, Scott Bradley Mayor SB:dr To the Board of Aldermen May 5, 1997 Page 2 cc: Mr. Carroll Huntress P. O. Box 593 Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 535 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 536 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Al Oien 1440 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 537 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Jerry Moore P. O. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 504 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 505 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL