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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? STANLEY, RICE & ASSOCIATES ( 214 ) 720®4567 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 . STANLEY, RICE & ASSOCIATES ( 214 ) 720-4567 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 . ) 20 21 22 23 24 25 STANLEY, RICE & ASSOCIATES ( 214 ) 720®4567