HomeMy WebLinkAboutRes 97-28 Resolution Approving Roanoke SettlementSOLUTION NO. 4
SOLUTION APPROVING ROANOKE SETTLEMENT
WHEREAS, the Town of Westlake, Texas has been sued by the City of
Roanoke challenging certain annexations by the Town of Westlake; and
WHEREAS, Roanoke has proposed a settlement of the lawsuit; and
WHEREAS, the Board of Aldermen has reviewed the settlement offer and has
determined that it is in the best interest of the Town of Westlake to settle the lawsuit upon
the terms and conditions set forth in the offer.
NOW O• BE i ; 1 BY THE BOARD OF
4LDERMEN OF ! OF
1. That the Town of Westlake hereby accepts the settlement offer attached herewith
and made a part hereof.
2. That the Town attorney is hereby authorized and directed to enter into a "Rule 11
Agreement" with the attorney for the City of Roanoke, which agreement shall embody
the terms and conditions of the settlement offer.
3. That the Town attorney is further authorized and directed to draft and execute
such other pleadings and documents as may be necessary for the entry of a judgment that
encompasses the terms of the Rule 11 Agreement and settlement offer.
4. That the Town attorney is also authorized and directed to take such further action
as is reasonably necessary (in the judgment of the Town attorney) to effectuate the
purposes and intent of this resolution.
This RESOLUTION is unconditionally and irrevocably PASSED AND APPROVED by
the Board of Aldermen of the Town of Westlake, Texas, this 2nd day of May, 1997, and
is effective at b-* 3 I P.M. on such date.
07510.0019:0254205.01
Kv"-pm
4ingtiOT-rosswy, Secretaq
Date: May 2, 1997
APPROVED AS TO FORM
JLEGALITY:
Date: May 2,19 97
SIGNED:
MAYOR
Carroll Hun ress, MAYOR PRO -TEM
07510.0019:0254205.01
I 9'D 7 11: 5=: 65605' 25
REx Mc:E:NTIRE
MICHAEL J. MCENTIRE
May 2, 1997
Mr. R. William Wood
Wood, Thacker & Weatherly, P.C.
513 West Oak
Denton, Texas 76201
Dear Mr. Wood:
r-,N__'E1]TIRE 1-4A*W i_-FFICES
al _e..'
P; GE C12
5613 GLENVIEW DRIVE
FORT WORTH. TEXAS 76117-2133
TELEFHoNi! (e17) 656-0400
FAX (817) 656-0525
Re* Cause No. 97-50150-367
Qb of Roanoke vs, Town of Westlake
367th District Court, Denton County, Texas
I have been authorized to settle the above -entitled and numbered suit as follows:
1. Westlake Ordinances 138, 236, 237, and 253 shall be declared void.
2. The parcel of land described in Westlake Ordinance 138 will be judicially
apportioned to Roanoke and be within the sole extra -territorial jurisdiction
of Roanoke.
3. The portion of the parcel of land described in Westlake Ordinance 139
which lies north of the right-of-way of State Highway -170 will be judicially
apportioned to Roanoke and be within the sole extra -territorial jurisdiction
of Roanoke.
4. Roanoke relinquishes all claims to the portion of the parcel of land described
in Westlake Ordinance No. 139 which lies south of the north right-of-way line
of State Highway 170.
5. The portion of the parcel of land described in Westlake Ordinance 236 which
lies north or west of the right-of-way line of State Highway 170 will be
judicially apportioned to Roanoke and be within the sole extra -territorial
jurisdiction of Roanoke.
6. Roanoke relinquishes all claims to the portion of the parcel of land described
in Westlake Ordinance No, 236 which lies south or east of the right-of-way
line of State Highway 170.
19
9 11: 58' 6560525
0 S.." 02',
Mr. William R. Wood
May 2, 1997
page 2
1-*-;EHTIRE L"W OFFIcES
PAGE 03'
7. The property description and exhibits attached hereto will be part of this
agreement.
8. Roanoke will waive any claims for attorneys fees and costs against
Westlake.
If this offer is acceptable to your client, please sign the same and either file it with
the Court or return it to me and I will file it_
Thisletter and its attachments will be binding and enforceable pursuant to Tex. R.
Civ. P. Rule 11, and the only remaining act of the parties will be to ministerially prepare
a judgment drafted in accordance with its terms and present the same to the District Court
for signature.
Sincerely,
Michael J. cEntire
MJM/sk
c: Mr. R. William Wood, via fax 817-566-66
Hon. Joe Grace I
Accepted:
R. N�ttrtam Wood, Attorney
for Town of Westlake
�)(4! 5tT
P pe_(LT-C-j DSChc FII Did