HomeMy WebLinkAbout05-08-97 TC Min225
TOWN OF WESTLAKE
MINUTES OF THE
SPECIAL MEETING OF THE
BOARD OF ALDERMEN
MAY 8, 1997
Present: Scott Bradley, Mayor
Charla Bradshaw, Member
Abe Bush, Jr., Member
Fred Held, Member
Paul Isham, Town Attorney
Ginger Crosswy, Town Secretary
Absent: Carroll Huntress, Member
Howard Dudley, Member
The meeting was called by Scott Bradley, Mayor; Fred Held, Alderman &
Alderman -elect; Charla Bradshaw, Alderman -elect; and Abe Bush, Jr., Alderman -elect.
The meeting was called to order at 7:07 a.m. by Mayor Bradley.
Item #2: Installation of newly elected Aldermen. The Aldermen -elect were sworn in
by the Town Secretary.
Item 93: Consider electing a Mayor Pro -Tem. Motion by Alderman Bush, seconded by
Alderman Held, to elect Alderman Bradshaw as Mayor Pro -Tem.
Motion carried unanimously.
Item #4: Consider terminating Wood, Thacker & Weatherly as Town attorney.
Motion by Alderman Bradshaw, seconded by Alderman Bush, to terminate
Wood, Thacker & Weatherly as Town Attorney.
Motion carried unanimously.
Item #5: Consider hiring Paul C. Isham as Town attorney. Motion by Alderman
Bradshaw, seconded by Alderman Held, to hire and reinstate Paul C. Isham as
Town attorney.
Motion carred unanimously.
Item #6: Consider action with regard to notifying United States Department of Justice
concerning recent attempts to disannex property. Mayor Bradley stated that
any disannexation must be cleared with the U.S. Justice Department before it is
final. Motion by Alderman Held, seconded by Alderman Bush, to ask the
Town attorney to send copies of the maps drawn after the disannexations and
the map adopted under Ordinance No. 253 to the U.S. Justice Department
asking them to disapprove the map of the Town's boundaries reflecting the
226
May 8, 1997
Special Meeting
Page 2
purported disannexations of May 2, 1997, and approving the official
boundary map adopted by the Town under Ordinance No. 253.
Motion carried unanimously.
Item #7: Motion by Alderman Bush, seconded by Alderman Bradshaw, to adjourn.
Motion carried unanimously.
The meeting was adjourned at 7:15 a.m.
Scott Bradley, Mayor
ATTEST:
Ginger Crosswy, Town Secretary
227
TOWN OF WESTLAKE
MINUTES OF THE
SPECIAL MEETING OF THE
BOARD OF ALDERMEN
MAY S, 1997
Present: Dale White
Carroll Huntress
AI Oien
Howard Dudley
Fred Held
Jerry Moore
Charla Bradshaw
Abe Bush, Jr.
Bill Wood, Town Attorney
Ernie Hedgcoth, Town Engineer
Ginger Crosswy, Town Secretary
Scott Bradley
Absent: No one
Before the meeting, Scott Bradley filed the letter attached to these minutes
as Exhibit A in the Town Hall. The letter states that he was present and prepared to
chair this meeting.
The meeting was called to order at 9:05 p.m. by Mr. White who announced that
Bill Wood would like to make a statement. Mr. Wood then stated that the Ft Worth
Court of Appeals had today upheld the action of the Board of Aldermen in the removal of
former Mayor Scott Bradley on April 29, 1997.
Terry Morgan spoke from the audience, representing Ms. Bradshaw, Mr. Bush and
Mr. Held, the Aldermen -elect. Mr. Morgan requested that the Board vacate their seats in
favor of the new Board since they have disannexed their land and are no longer residents
of the Town. Mr. Morgan stated that the Aldermen -elect are the only Aldermen who are
allowed to vote on any matters here tonight. Mr. Morgan told the Board that if they
chose not to seat the new Board, that a meeting of the new Board will convene at the
conclusion of the business affairs that are being conducted. Mr. Wood told the assembly
that the Aldermen -elect are not allowed to take their seats until the fifth day after the
election excluding Sundays, and that day is tomorrow. Mr. Morgan responded that the
fifth day did not fall on Sunday so the Aldermen -elect should be seated today.
Jim Barlow stated that he too represented Ms. Bradshaw, and would request that
the new members of the Board be allowed to participate in tonight's meeting. Mayor
White told the assembly that on their attorney's advice, they would continue with the
meeting.
228
May 8, 1997
Special Meeting
Page 2
Item #2: Review and approve the minutes of the Board of Aldermen meeting on May 2,
1997. Motion by Mr. Huntress, seconded by Mr. Dudley, to approve the
minutes. Mr. Held stated that this is a transcript of the last meeting and not
minutes.
Motion carried 4 -for
1 -against Fred Held
Item #3: Consider and take necessary action to approve the Town's contract with
Laidlaw Waste Management Company. Motion by Mr. Dudley, seconded by
Mr. Huntress, to approve the contract with Laidlaw Waste Management
Company.
Motion carried unanimously.
Item 94: Consider and take necessary action on the adoption of one or more ordinances
to (i) disannex from the Town approximately 233 acres of land requested by
Maguire/Thomas Partners-Westlake/Southlake Partnership, and 22.6 acres and
3 acres requested by Maguire Partners Westlake Partnership, and 210 acres
requested by MTP - IBM Phase H and III Joint Venture, all commonly known
as the Solana Project, (ii) release the above described land from the extra
territorial jurisdiction of the Town into the extraterritorial jurisdiction of the
City of Southlake, and (iii) enter into one or more agreements with the City of
Southlake adjusting the boundaries of their respective extraterritorial
jurisdiction to reflect such release of land, and (iv) consider and take
necessary action on the adoption of one or more resolutions and agreements
with such adjacent cities adjusting the boundaries of their respective
extraterritorial jurisdictions to reflect such release of land.
(i) Motion by Mr. Huntress, seconded by Mr. Dudley, to approve the
ordinance to disannex the Solana project.
Motion carried 4 - for
1 - against Fred Held
(ii) Motion by Mr. Huntress, seconded by Mr. Dudley, to adopt the resolution
unconditionally releasing extraterritorial jurisdiction to the City of
Southlake.
Motion carried 4 - for
1 - against Fred Held
(iii) Motion by Mr. Huntress, seconded by Mr. Dudley, to pass the
joint resolution.
Motion carried 4 - for
1 - against Fred Held
No action was taken on item #(iv).
229
May 8, 1997
Special Meeting
Page 3
Item #5: Consider and take action necessary with respect to pending litigation involving
the Town and the Aldermen. Mr. White stated that there would be no action
taken on this item.
Item #6: Consider and take action necessary for an Indemnity Agreement to indemnify
the Aldermen for litigation related matters. Mr. Wood told the Board that
each Alderman has signed affidavits of substantial interest prior to the
beginning of this meeting that are delivered in connection with the proposed
resolutions that follow. Each Alderman whose resolution is being voted on
will not vote on that particular resolution. Motion by Mr. Huntress, seconded
by Mr. Dudley, to adopt the resolution indemnifying Mr. Moore.
Motion carried 4 - for
1 - against Fred Held
Motion by Mr. Huntress, seconded by Mr. Dudley, to adopt the resolution
indemnifying Mr. Oien.
Motion carried 3 - for
1 - against Fred Held
1 - abstention Al Oien
Motion by Mr. Moore, seconded by Mr. Huntress, to adopt the resolution
indemnifying W. Dudley.
Motion carried 3 - for
1 - against Fred Held
1 - abstention Howard Dudley
Motion by Mr. Dudley, seconded by Mr. Oien, to adopt the resolution
indemnifying Mr. Huntress.
Motion carried 3 - for
1 - against Fred Held
1 - abstention Carroll Huntress
Mr. Huntress assumed the chair. Motion by Mr. Dudley, seconded by Mr.
Oien, to adopt the resolution indemnifying Dale White. Mr. Held stated that
the agenda item just says indemnify the Aldermen. It doesn't mention anyone
else. Mr. Huntress asked for a vote.
Motion carried 3 - for
1 - against Fred Held
Item #8: Consider and take necessary action to approve payments to attorneys
defending the Town. Mr. White stated that there would be no action on this
item.
Item #9: Consider and take necessary action to approve payments for election
personnel. Motion by Mr. Huntress, seconded by Mr. Dudley,. to approve a
payment for the election personnel at the rates governed by law. Mr. Held
234
May 8, 1997
Special Meeting
Page 4
asked how many personnel there were? Mr. White responded that there were
three.
Motion carried unanimously.
Item #9: Mr. White announced that there would be no Executive Session.
Item #10: Consider and take action necessary with respect to the Town's pending
application with the Texas Natural Resource Conservation Commission for a
certificate of convenience and necessity (including if necessary, withdrawing
such application to the corporate limits of the Town.) Motion by Mr.
Huntress, seconded by Mr. Dudley, to amend the current application to
include only the area within the corporate limits of the Town as of Friday, May
9, 1997.
Motion carried 4 - for
1 - against Fred Held
Motion by Mr. Huntress, seconded by Mr. Dudley, to adjourn. Mr. White
declared the meeting adjourned at 9:35 p.m.
These minutes were never approved by any Board of Aldermen
CANTEY & HANGER, L.L.P.
ATTORNEYS AT LAW
SCOTT BRADLEY
DIRECT DIAL 817/877-2801
May 8, 1997
TO THE WESTLAKE BOARD OF ALDERMEN:
I believe that your purported removal of Scott Bradley from the office of Mayor of the
Town of Westlake was accomplished in an illegal and unconstitutional procedure which will
ultimately be deemed invalid by the Courts. I wish to go on record as stating that I have been
available to chair all meetings of the Board of Aldermen as Mayor of the Town of Westlake but
have not been allowed to do so by the Aldermen. I do not agree with, consent to or approve of
any actions taken by the Board at any meeting since the time I was purportedly removed from
office, including without limitation any purported actions to disannex or remove any lands from
the Town of Westlake.
SB:dr
Respectfully submitted,
Scott Bradley
2100 BURNETT PLAZA 801 CHERRY STREET FORT WORTH, TEXAS 76102
817/877-2800 METRO 817/429-3815 TELEX 75-8631 FAX 817/877-2807
SUITE 500 300 CRESCENT COURT DALLAS. TEXAS 75201 214/976-4100 METRO 214/263-7729 FAX 2141978-4150
TOWN OF WBSTLAll
3 Village Circle
Suite 207 Solana
Westlake, Texas 76262
Metro (817) 430-0941
Fax (817) 430-1812
May 12, 1997
To the Board of Aldermen
MAY 1 2, 1997
TOWN OF WESTLAKE
Re: Unlawful Meeting Held May 8, 1997 that was presided over by Dale White
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 Board of Aldermen meeting held
May 8, 1997 that was presided over by Dale White.
The meeting was not called in accordance with Local Government Code § 22.038. The
meeting could have been called only by the lawful mayor. Of course, this did not occur. The
lawful mayor did not consent to the disannexation of any property from the Town, and
particularly the purported disannexation of Solana (which appears as item no. 4 of the Notice of
Special Meeting). The conspiracy to remove the mayor from office to clear the way for the
destruction of the Town by a series of disannexations was aided and abetted by Fielding, Barrett
& Taylor, L.L.P., the City of Southlake's attorney. Fielding, Barrett & Taylor, L.L.P. is a
municipal officer of the City of Southlake. The City of Southlake may not, therefore, reap the
benefits of the illicit scheme launched by, inter alfa, Messrs. White, Huntress, Oien, Dudley and
Moore.
This veto includes but is not limited to the following:
• Ordinance No. 285 (Ordinance and Order Disannexing Land)
• Resolution No. 97-29 (Resolution Unconditionally Releasing Extraterritorial
Jurisdiction)
• Joint Resolution and Agreement No. 97-30 (Release and Acceptance of
Extraterritorial Jurisdiction)
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.
To the Board of Aldermen
May 12, 1997
Page 2
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 in their scheme. This firm has irreconcilable conflicts of interest, each of
which bars any of its attorneys from participating in the actions taken.
Respectfully yours,
Scott Bradley
Mayor
cc: Mr. Carroll Huntress
P. O. Box 593
Roanoke, Texas 76262
VIA CERTIFIED MAIL, NO. P 168 362 549
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
Mr. Howard Dudley
1650 West Dove Road
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 550
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
Mr. Al Oien
1440 West Dove Road
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 551
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
To the Board of Aldermen
May 12, 1997
Page 3
Mr. Jerry Moore
P. O. Box 674
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 552
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
Mr. Fred Held
4105 Aspen Lane
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 553
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
Charla Bradshaw, Esq.
1925 Pearson Lane North
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 554
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
Mr. Abe A. Bush, Jr.
2220 North Pearson Lane
Westlake, Texas 76262
VIA CERTIFIED MAIL NO. P 168 362 555
RETURN RECEIPT REQUESTED,
AND FIRST CLASS UNITED STATES MAIL
Mayor Rick Stacy
City of Southlake
1000 West Southlake Boulevard
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 556
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
To the Board of Aldermen
May 12, 1997
Page 4
Councilman W. Ralph Evans
City of Southlake
315 North Shady Oaks Drive
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 557
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
Councilman Wayne Moffat
City of Southlake
1414 Whispering Dell Court
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 558
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
Councilwoman Pamela Muller
City of Southlake
214 Westwood Drive
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 559
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
Councilman David Harris
City of Southlake
920 Ownby Lane
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 561
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
Councilman Gary Fawks
City of Southlake
330 Ravenaux Drive
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 562
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
To the Board of Aldermen
May 12, 1997
Page 5
Councilman Scott F. Martin
City of Southlake
591 East Dove Road
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 563
RETURN RECEIPT REQUESTED
AND FIRST CLASS UNITED STATES MAIL
Mr. Curtis Hawk
City Manager, City of Southlake
1725 East Southlake Boulevard
Southlake, Texas 76092
VIA CERTIFIED MAIL NO. P 168 362 564
AND FIRST CLASS UNITED STATES MAIL
TOWN OF WESTLAKE
MINUTES OF THE
SPECIAL MEETING OF THE
BOARD OF ALDERMEN
MAY 8, 1997
Present: Charla Bradshaw, Member
Fred Held, Member
Abe Bush, Jr., Member
Scott Bradley, Mayor
Terry Morgan
Ginger Crosswy, Town Secretary
Absent: Carroll Huntress
Howard Dudley
The meeting was convened by the new members of the Board of Aldermen at 9:43
p.m. Terry Morgan read a letter that had been delivered to the previous Aldermen stating
that the election had been canvassed, the oaths had been administered and the new
Aldermen were qualified to assume office. Mr. Morgan stated that tonight's meeting
had not been properly called, because the Aldermen calling the meeting had purported to
disannex their property, therefore they were not members of the Board and their seats
should be vacated.
Motion by Mr. Bush, seconded by Mr. Held, to appoint Ms. Bradshaw to
chair this meeting.
Motion carried .unanimously.
Item 92: Review and approve the minutes of the Board of Aldermen meeting on May 2,
1997. Motion by Mr. Bush, seconded by Mr. Held to disapprove the minutes
as they are a transcript and not minutes.
Motion carried unanimously.
Item #3: Consider and take necessary action to approve the Town's contract with
Laidlaw Waste Management Company. Motion by Mr. Held, seconded by
Mr. Bush, to approve this contract.
Motion carried unanimously.
Item #4: Consider and take necessary action on the adoption of one or more ordinances
to (i) disannex from the Town approximately 233 acres of land requested by
Maguire/Thomas Partners-Westlake/Southlake Partnership, and 22.6 acres and
3 acres requested by Maguire Partners Westlake Partnership, and 210 acres
requested by MTP - IBM Phase II and III joint Venture, all commonly known
as the Solana Project, (ii) release the above described land from the extra
territorial jurisdiction of the Town into the extraterritorial jurisdiction of the
city of Southlake, and (iii) enter into one or more agreements with the City of
��Z
232
May 8, 1997
Special Meeting
Page 2
Southlake adjusting the boundaries of their respective extraterritorial
jurisdiction to reflect such release of land, and (iv) consider and take necessary
action on the adoption of one or more resolutions and agreements with such
adjacent cities adjusting the boundaries of their respective extra territorial
jurisdictions to reflect such release of land.
(i) Motion by Mr. Held, seconded by Mr. Bush, to deny this ordinance.
Motion carried unanimously.
(ii) Motion by Mr. Bush, seconded by Mr. Held, to deny this resolution.
Motion carried unanimously.
(iii) Motion by Mr. Held, seconded by Mr. Bush, to deny this resolution.
Motion carried unanimously.
(iv) No action was taken on this item.
Item #5: Consider and take action necessary with respect to pending litigation involving
the Town and the Aldermen. No action was taken on this item.
Item 96: Consider and take action necessary for an Indemnity Agreement to indemnify
the Aldermen for litigation related matters. Motion by Mr. Bush, seconded by
Mr. Held, to deny each of these agreements.
Motion carried unanimously.
Item #7: Consider and take necessary action to approve payments to attorneys
defending the Town. Motion by Mr. Held, seconded by Mr. Bush, to deny the
payments. The Chair stated that this item was not clear and needs to stipulate
what attorneys and how much the payments are.
Motion carried unanimously.
Item #8: Consider and take necessary action to approve payments for election
personnel. Motion by Chairperson Bradshaw, seconded by Mr. Held, to
table this item.
Motion carried unanimously.
Item #9: There was no Executive Session.
Item #10: Consider and take action necessary with respect to the Town's pending
application with the Texas Natural Resource Conservation Commission for a
certificate of convenience and necessity (including if necessary, withdrawing
such application to the corporate limits of the Town.) Motion by Chairperson
Bradshaw, seconded by Mr. Bush, to table this item.
Motion carried unanimously.
The meeting was adjourned at 10:05 p.m.
May 8, 1997
Special Meeting
Page 3
Scott Bradley, Mayor
ATTEST:
Ginger Crosswy, Town Secretary
Town of Westlake, Texas
MINUTES OF A SPECIAL,MEETING OF THE BOARD OF ALDERMEN
EN
May 8, 1997
Passed and approved with the noted changes by the Board of
Aldermen on May 9, 1997.
Dale White, MAYOR Carroll Huntress, MAYOR PRO TEM
MAY 8 , 1997 2
1 P R 0 C E E D I N G S
2 MR. WHITE : Meeting will come to
3 order . At this time the town attorney , Mr . Bill
4 Wood, would like to make a statement , please .
5 MR. WOOD : I have a statement to
6 read . There are copies of it here . It is entitled,
7 and it is just for everybody to know, Mayor ' s
8 removal hearing upheld by the court of appeals .
9 The Fort Worth Court of Appeals today
10 unanimously upheld the action of the Westlake Board
11 of Alderman on April 29 , 1997 in conducting its
12 proceeding for the removal of former Mayor Scott
13 Bradley .
14 The court ruled that the Texas legislature
15 has clearly provided an administrative procedure for
16 removal of a mayor from office in a general law
17 municipality. The power of removal is vested by
18 statute in the aldermen, to whom the legislature has
19 delegated administrative powers .
20 The court also underscored the fact that
21 the aldermen were not free to ignore the serious
22 charges against Mr . Bradley, as he insisted, but
23 were obliged by law to proceed as they did. This is
24 a quote from the court .
25 Bradley suggested that the manner in which
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 3
1 the aldermen handled the Dudley complaint was
2 anarchy. To the contrary, had the aldermen decided
3 not to proceed with the procedure set out in Section
4 21 . 002 , they would have been operating outside the
5 mandate prescribed by the Texas legislature .
6 The ruling of the Court of Appeals makes it
7 apparent that the judgement of the board of aldermen
8 removing Mr . Bradley as mayor on April 29 was
9 legally effective on that date , and that Scott
10 Bradley had no power or authority whatsoever to act
11 as mayor thereafter .
12 The ruling of the Court of Appeals
13 therefore makes the following clear: The
14 disannexation ordinances and other actions of the
15 Westlake Board of Aldermen on Friday, May 2 , are
16 entirely valid. Mr. Bradley ' s action in purporting
17 to canvass the votes and swear in the newly elected
18 Aldermen on Monday, May 5th, was entirely invalid
19 and void. Any action by Mr. Bradley and others in
20 holding supposed Aldermen ' s meetings this week are
21 invalid and void . This includes a meeting that they
22 held in the hallway outside the city office at 7
23 a .m. this morning after posting of the meeting
24 notice at 10 ® 30 p .m. last night . Mayor Pro®Tem
25 Carroll Huntress was delivered a copy of the agenda
STANLEY, RICE & ASSOCIATES ( 214 ) 720®4567
MAY 8 , 1997 4
1 one hour after the meeting was held .
2 All of this nonsense must stop now because
3 the unanimous Court of Appeals had made it
4 indisputable that Scott Bradley is not the mayor of
5 Westlake . There is a copy of the Court of Appeals
6 ruling for anyone who wants one after the meeting .
7 Thank you , mayor .
8 MR. WHITE : Item 2 .
9 UNIDENTIFIED SPEAKER: Mayor , I would
10 like to address the board and mayor and yourself , if
11 -1 may, in behalf of the aldermen elect .
12 MR. WHITE : How long will this take?
13 UNIDENTIFIED SPEAKER: It will take
14 approximately two minutes .
15 MR. WHITE : Okay .
16 UNIDENTIFIED SPEAKER: Thank you, sir .
17 My name is Terry Morgan . I represent Ms . Bradshaw,
18 Mr . Bush and Mr . Hill , the alderman elect . They are
19 not only the duly elected board of alderman, but
20 they are qualified to sit today at this meeting, and
21 so that we request that you admit them and allow
22 them to sit and to take action on the matters . We
23 also would assert in their behalf that each of you
24 gentlemen, four alderman and Mayor White, have
25 vacated your seats by your action to disannex your
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 5
1 own property , you 're no longer in this town of
2 Westlake , and by operation of law you no longer can
3 take action on the agenda tonight .
4 So we would request that you now seat the
5 aldermen elect who, in fact , are the aldermen and
6 the only aldermen who are allowed to vote here
7 tonight on any matters before you . And I would also
8 indicate that in the event that you choose not to do
9 so , that the board -- that the meeting of the
10 alderman will convene , the duly elected alderman, at
11 the conclusion of the business affairs that you 're
12 conducting . Any questions?
13 MR. WHITE : Bill , would you like to
14 address that?
15 R. WOOD : I don 't have any
16 questions . Thank you very much . I would point out
17 1 have also copies up here of Section 22 . 036 of the
18 local government code , which provides that the
19 earliest possible day that the newly elected
20 alderman can be installed and take the oath is five
21 days after the election excluding Sundays , which
22 would be tomorrow.
23 UNIDENTIFIED SPEAKER: Well , it is
24 today because the fifth day was not Sunday .
25 UNIDENTIFIED SPEAKER: Mr . Presiding
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 6
1 Officer --
2 MR . WHITE : No, no .
3 UNIDENTIFIED SPEAKER: -- I would like
4 to be recognized for less than a minute .
5 MR. WHITE : I 'm sorry, but this isn ' t
6 a public hearing . You just have to abide by the
7 agenda.
8 UNIDENTIFIED SPEAKER: Yes , sir , I am
9 abiding by the powers that the court has given all
10 people in the sense of my client .
11 MR . WHITE .* No, no , that ' s in a public
12 hearing . When you are called to -- we really can 't
13 have it .
14 UNIDENTIFIED SPEAKER: I would like to
15 state that I also represent Charlotte Bradshaw. I
16 will be succinct . I would like to compliment Mr .
17 Wood on his temperate manner. I think the courts
18 are ultimately going to sort out what is legal and
19 illegal in this .
20 But I do want to make it clear for the
21 record that by reason that Mrs . Bradshaw is not
22 seated where you are seated or some of you are
23 seated, that doesn 't in any way take away from her
24 position that she is entitled as of right now to
25 make decisions as she is charged by law to do on
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 7
1 behalf of the municipality of Westlake . And so
2 we ' ll all sort out all the legalities later, but she
3 has a right to be where some of you are right now.
4 She is not waiving her right by sitting out . Thank
5 you for indulging me , sir , and thank you , Mr . White .
6 MR. WHITE : You 're welcome . We just
7 have a small comment . We have many, many attorneys
8 say that we 're doing the proper thing, and that ' s
9 all I can go by .
10 Okay . Item 2 , approve the minutes of the
11 board of alderman meeting on May 2nd, 1997 .
12 MR. HUNTRESS : I move we approve the
13 minutes as corrected for May 2nd, 1997 .
14 MR. WHITE : Is there a second?
15 MR. DUDLEY : I ' ll second.
16 MR. WHITE : Votes for?
17 MR. OIEN: Aye .
18 MR. HUNTRESS : Aye .
19 MR. DUDLEY : Aye .
20 MR. MOORE : Aye .
21 MR . HELD : Nay .
22 MR. WHITE : The meeting ®® the motion
23 passes and the minutes are approved.
24 MR . HELD : Mayor, let me ask you , are
25 these what we are using as the minutes? It looks
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 8
1 like a transcript and called the minutes of the last
2 meeting?
3 MR. WHITE : Yes . Okay . Item 3 , the
4 Laidlaw waste contract . Chair will entertain a
5 motion for approval .
6 MR. DUDLEY : I so move .
7 MR . HUNTRESS : I ' ll second .
8 MR . WHITE : Any discussion?
9 MR. HELD : ( Shaking head no . )
10 MR . WHITE : Votes for?
11 MR. HUNTRESS : Aye .
12 MR. DUDLEY: Aye .
13 MR. OIEN: Aye .
14 MR. MOORE : Aye .
15 MR. HELD : Aye .
16 MR. WHITE : Thank you. Good man . All
17 right . Now we 've got -- down to item 4 . Item 4 ,
18 the first thing is the ordinance . Okay. I 'm going
19 to read this . Consider taking the necessary action
20 on the adoption of one or more ordinances to , 1 ,
21 disannex from the town approximately 233 acres of
22 land requested by McGuire Thomas Partners Westlake
23 Southlake Partnership, and 22 . 6 acres and 3 acres
24 requested by McGuire Partners Westlake Partnership ,
25 210 acres requested by McGuire Thomas Partners , IBM
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 9
1 Phase 2 and 3 Joint Venture , all commonly known as
2 the Solana project , release the above described land
3 from the extra territorial jurisdiction of the town
4 into the extra territorial jurisdiction of the city
5 of Southlake and 3 , enter into one or more
6 agreements with the city of Southlake adjusting the
7 boundaries of their respective extra territorial
8 jurisdiction to reflect such release of land, and 4 ,
9 considering taking necessary action on the adoption
10 of one or more resolutions and agreements with such
11 adjacent cities adjusting the boundaries of the
12 respective extra territorial jurisdictions to
13 reflect such release of land.
14 The first thing is the ordinance .
15 R. HUNTRESS : I move we approve the
16 ordinance , make a motion to approve the ordinance to
17 disannex the Solona project .
18 MR. WHITE : Motion to approve the
19 ordinance . Got a second?
20 MR. DUDLEY: I ' ll second.
21 MR. WHITE : Second?
22 MR . DUDLEY : Yes .
23 MR . WHITE : Discussion? Votes for?
24 MR. HUNTRESS : Aye .
25 MR. DUDLEY: Aye .
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 10
1 MR. OIEN : Aye .
2 MR. MOORE : Aye .
3 MR. HELD : Nay . I still don 't want to
4 be part of dismantling where I live .
5 MR . WHITE : Okay . Motion passes , the
6 ordinance is adopted. Down to the resolution ,
7 motion for resolution .
8 MR. HUNTRESS : I move we adopt the
9 resolution unconditionally releasing extra
10 territorial jurisdiction of Westlake .
11 MR. DUDLEY : Second.
12 MR. WHITE : Got a motion . Got a
13 second . Discussion? Votes for?
14 MR. HUNTRESS : Aye .
15 MR. DUDLEY: Aye .
16 MR. OIEN: Aye .
17 MR. MOORE : Aye .
18 MR. WHITE : Against?
19 MR. HELD : Nay .
20 MR. WHITE : Motion passes and the
21 resolution is adopted. Now for the joint
22 resolution . We need a motion to pass the joint
23 resolution .
24 MR. HUNTRESS : I move we pass the
25 joint resolution agreement , release and acceptance
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 11
1 of ETJ.
2 MR . WHITE : Second?
3 MR. DUDLEY : I ' ll second .
4 MR. WHITE : Discussion? Those for?
5 MR. HUNTRESS : Aye .
6 MR. DUDLEY : Aye .
7 MR. OIEN : Aye .
8 MR. MOORE : Aye .
9 MR . WHITE : And against?
10 MR. HELD : Nay .
11 . MR. WHITE : Motion passes , resolution
12 is adopted .
13 MR. WOOD : See if the secretary will
14 attest .
15 MS . CROSSWY: I 'm not putting my name
16 on any of this .
17 MR. WOOD: She will not attest . Let
18 me ask Alderman Moore to .
19 MR. WHITE : Item 6 -- well , skipping
20 Item 5 . Item 6 , considering taking action necessary
21 for an indemnity agreement to indemnify the alderman
22 for litigation related matters .
23 R. WOOD : In connection with this
24 item on the agenda, I just want to point out to the
25 mayor that each of the alderman have signed
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 12
1 affidavits of substantial interest prior to the
2 beginning of the meeting that are delivered in
3 connection with the proposed resolutions that
4 follow.
5 And with respect to -- as have you . And
6 with respect to each one of them, I want the record
7 to reflect that the alderman whose resolution is
8 being voted on with respect to indemnification will
9 not vote on that particular resolution . And we
10 should take them in order , in any order . I have
11 them here , beginning with alderman Moore . It would
12 require a motion and a second to consider , and
13 alderman Moore should not participate .
14 MR. HUNTRESS : I move that we --
15 MR. WHITE : Well , let me ask. We need
16 a motion.
17 MR. HUNTRESS : I move that we adopt
18 the resolution indemnifying alderman Moore .
19 MR. WHITE : Second?
20 MR. DUDLEY : Second.
21 MR. WHITE : Discussion? Vote . Those
22 for?
23 MR. HUNTRESS : Aye .
24 MR. DUDLEY : Aye .
25 MR. OIEN : Aye .
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 13
1 MR . MOORE : Aye .
2 MR . WHITE : Four . One against?
3 MR. HELD : Nay .
4 MR. WHITE : Motion passes and what do
5 you call it , agreement? The agreement is adopted .
6 MR. WOOD : Resolution .
7 MR . WHITE : The resolution is
8 adopted .
9 MR . WOOD : Mrs . Crosswy, it is my
10 understanding you refuse to place your name on any
11 documents attesting tonight ; is that right?
12 MS . CROSSWY: That ' s right .
13 MR. WOOD : Thank you . Would you
14 attest to this , Mr . Dudley? Cross out Ginger ' s name
15 there .
16 MR. HUNTRESS : Right here .
17 MR. WOOD., Just write your name and
18 sign it and print your name below it .
19 MR. WOOD : The next one is alderman
20 Oien, so he should not participate in the
21 consideration of this resolution .
22 MR. WHITE : Do you got it , Al?
23 MR. HUNTRESS : Yes .
24 MR . WHITE : Chair will entertain a
25 motion .
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 14
1 MR. HUNTRESS : I move we adopt the
2 resolution indemnifying alderman Oien .
3 MR . WHITE : Second?
4 MR . DUDLEY : I ° 11 second.
5 MR . WHITE : Discussion . Those for?
6 MR. HUNTRESS : Aye .
7 MR . DUDLEY : Aye .
8 MR. MOORE : Aye .
9 MR. WHITE : Those against?
10 MR . HELD : Nay .
11 MR. WHITE : Motion passes and the
12 resolution is adopted.
13 MR. WOOD : Alderman Dudley , would you
14 attest again, please . Mayor, the next one for
15 consideration is alderman Dudley, and he should not
16 participate in this one .
17 MR. WHITE : Got it , Al?
18 MR. HUNTRESS : Yes .
19 MR. WHITE : Chair will entertain a
20 motion.
21 MR . MOORE : I make a motion we so
22 move .
23 MR. HUNTRESS : I ° 11 second .
24 MR. WHITE : Any discussion? Those
25 for?
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MAY 8 , 1997 15
1 UNIDENTIFIED SPEAKER : We would like
2 to hear you if you don 't mind.
3 MR. WHITE : Those for?
4 MR. HUNTRESS : Aye .
5 MR. OIEN: Aye .
6 MR. MOORE : Aye .
7 MR. WHITE : Those against?
8 MR. HELD: Nay .
9 MR. WHITE : Motion passes and the
10 resolution is adopted.
11 MR. WOOD : Mayor, the next one is
12 alderman Huntress . He should not participate ,
13 should not vote in considering this .
14 MR. WHITE : Chair will entertain a
15 motion .
16 MR. DUDLEY : I will make the motion .
17 MR. WHITE ., A second?
18 MR. OIEN: Second .
19 MR. WHITE : Discussion? Those for?
20 MR. DUDLEY : Aye .
21 MR. OIEN : Aye .
22 MR. MOORE : Aye .
23 MR. WHITE : Those against?
24 MR. HELD : Nay .
25 MR. WHITE : Motion passes and the
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 16
1 resolution is adopted.
2 MR. WOOD : Mayor , the next resolution
3 under this section is the one with respect to your
4 indemnification . If you will ask alderman Huntress
5 to take your chair for this one .
6 MR . WHITE : Okay . Carroll?
7 MR. HUNTRESS : Need a motion to adopt
8 the resolution indemnifying mayor White .
9 MR . DUDLEY: I so move .
10 MR. HUNTRESS : Second?
11 MR. OIEN : I second.
12 MR. HUNTRESS : Got a motion and a
13 second by Dudley and Oien. Any discussion? All in
14 favor say aye .
15 MR. DUDLEY: Aye .
16 MR. OIEN: Aye .
17 MR. MOORE : Aye .
18 MR. HELD ., Alderman Huntress , this
19 just says indemnify the alderman . It doesn 't say
20 anything about the mayor on No . 6 .
21 MR. HUNTRESS : Looks like it says Dale
22 White to me . Well , resolution is passed and
23 adopted.
24 UNIDENTIFIED SPEAKER: Surprise
25 surprise .
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MAY 8 , 1997 17
1 MR. WHITE : Item 8 , consider taking
2 necessary action to approve payments for the
3 election personnel .
4 MR . HUNTRESS : I move we move -- I
5 move we approve a payment for the election personnel
6 as governed by law at the rates governed by law.
7 MR . WHITE : Is there a second.
8 MR. DUDLEY : I ' ll second .
9 MR . WHITE : Discussion? Those for?
10 MR. HUNTRESS : Aye .
11 MR. DUDLEY : Aye .
12 MR. OIEN : Aye .
13 MR. MOORE : Aye .
14 MR . WHITE : Those against?
15 MR. HELD : Who seconded?
16 MR. WHITE : You 're not against that?
17 MR. HELD : No .
18 MR. WHITE : Good. Thank you .
19 MR. WOOD : They wanted to know who
20 seconded it . Was it you, Howard?
21 MR. DUDLEY : It was me .
22 MR . HELD : Mayor White , excuse me , but
23 what personnel , how many personnel did that cover?
24 MR. WHITE : It was the election judge
25 and the assistant .
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 18
1 MR. HELD : Election judge and the
2 assistant .
3 MR. WHITE : It was set by the state .
4 It was three of them.
5 MR . HELD : Did we skip Item 7 ?
6 MR. WHITE : Yes , the executive session
7 we ' re not having it . We ' re out of that .
8 MR. HELD : Say that again .
9 MR. WHITE : We ' re not having the
10 executive session .
. 11 MR. HELD : But I say No . 7 on here .
12 MR. WHITE : Yes , we skipped 7 also .
13 Now, this is No . 10 . It ' s corrected numbers , it is
14 9 on the printed, but it is 10 . Consider taking
15 action necessary with respect to the town ' s pending
16 application with the Texas Natural Resource
17 Conservation Commission for a certificate of
18 convenience and necessity including, if necessary,
19 withdrawing such application to the corporate limits
20 of the town . And I believe we have a motion over
21 there .
22 MR. HUNTRESS : I move that the town ' s
23 pending application before the Texas Natural
24 Resources Conservation Commission for certificate of
25 convenience and necessity be amended to include only
STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567
MAY 8 , 1997 19
1 the areas within the corporate limits of the town of
2 Westlake as of Friday, May 9th, 1997 .
3 MR . DUDLEY : I second .
4 MR . WHITE : Second. Any discussion?
5 Those for?
6 MR . HUNTRESS : Aye .
7 MR . DUDLEY : Aye .
8 MR. OIEN : Aye .
9 MR . MOORE : Aye .
10 MR . WHITE : Those against?
11 MR . HELD : Nay .
12 MR. WHITE : The motion passes .
13 MR . HUNTRESS : I move this meeting be
14 adjourned .
15 MR . DUDLEY : I second.
16 UNIDENTIFIED SPEAKER: That was
17 quick.
18 MR . WHITE : The meeting is adjourned.
19 ( End of proceedings . )
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