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HomeMy WebLinkAboutOrd 286 Ratifying Ordinances 272 thru 283 and Resolutions 97-05 thru 97-28 - Voided by 287 and 288ORDINANCE TO RATIFY AND RECONSIDER CERTAIN ORDINANCES AND RESOLUTIONS ORDINANCE NO. 286 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTIES OF TARRANT § AND DENTON § AN ORDINANCE RECONSIDERING AND RATIFYING PREVIOUSLY ADOPTED ORDINANCES AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS AND PROVIDING AN EFFECTIVE DATE FOR SUCH RECONSIDERATION AND RATIFICATION. WHEREAS, Scott Bradley, the former mayor of the Town of Westlake, was lawfully removed from office on April 29, 1997, by the Board of Aldermen; and WHEREAS, from and after such removal, Mr. Bradley had no authority to act on behalf of the Town of Westlake in any capacity whatsoever; and WHEREAS, notwithstanding his removal and lack of authority, Mr. Bradley has continued to misrepresent to the public at large and to the citizens of Westlake that he continues in the office of mayor; and WHEREAS, notwithstanding his removal and lack of authority, Mr. Bradley has continued to take actions as if he were still the mayor, including, but not limited to, returning various ordinances and resolutions with statements of his objections; and WHEREAS, the objections of Mr. Bradley have no legal effect whatsoever on the affected ordinances and resolutions or on any other business of the Town of Westlake that has taken place since his lawful removal; and WHEREAS, the Board of Aldermen desire to eliminate any public confusion regarding the effectiveness of certain ordinances and resolutions that have been duly passed by the Board and signed by the duly appointed mayor of the Town, Dale White; and WHEREAS, the mayor and members of the Board of Aldermen have executed the appropriate Affidavits of Substantial Interest and have refrained from deliberating on any of the ordinances and resolutions listed below that affect real property in which they have a substantial interest. - 1 - NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS AS FOLLOWS: That the following ordinances and resolutions were duly approved and passed by the Board of Aldermen and executed by the mayor and mayor pro -tem on May 2, 1997, and such ordinances and resolutions are effective as of the times set forth in such ordinances and resolutions. That, notwithstanding the unauthorized acts of Mr. Bradley (which had no effect whatsoever upon such ordinances and resolutions), the following ordinances and resolutions are hereby ratified, reconsidered, approved and passed to eliminate any public confusion regarding the effect of the unauthorized acts of Mr. Bradley. 1. Ordinance No. 272 - "Ordinance and Order Disannexing Land," which ordinance disannexed a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 2. Resolution No. 97-5 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 3. Resolution No. 97-6 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 4. Resolution No. 97-7 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 5. Ordinance No. 273 - "Ordinance and Order Disannexing Land," which ordinance disannexed a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 6. Resolution No. 97-8 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 7. Resolution No. 97-9 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement -2- released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 8. Ordinance No. 274 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 22 acres of land owned by Charles and Linda Slocum. 9. Resolution No. 97-10 - 'Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 22 acres of land owned by Charles and Linda Slocum. 10. Resolution No. 97-11 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) approximately 22 acres of land owned by Charles and Linda Slocum. 11. Ordinance No. 275 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 19 acres of land owned by Wayne Hoover. 12. Resolution No. 97-12 - 'Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 19 acres of land owned by Wayne Hoover. 13. Resolution No. 97-13 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Forth Worth) approximately 19 acres of land owned by Wayne Hoover. 14. Ordinance No. 276 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. 15. Resolution No. 97-14 - 'Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell 16. Resolution No. 97-15 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial -3- jurisdiction of the City of Forth Worth) approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. 17. Ordinance No. 277 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 19 acres of land owned by HCA Columbia Hospital Corporation. 18. Resolution No. 97-16 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 19 acres of land owned by HCA Columbia Hospital Corporation. 19. Resolution No. 97-17 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) approximately 19 acres of land owned by HCA Columbia Hospital Corporation. 20. Ordinance No. 278 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. 21. Resolution No. 97-18 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. 22. Resolution No. 97-19 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. 23. Ordinance No. 279 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 115 acres of land owned by Howard and Sherry Dudley. 24. Resolution No. 97-20 - 'Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 115 acres of land owned by Howard and Sherry Dudley. 25. Resolution No. 97-21 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 115 acres of land owned by Howard and Sherry Dudley. 26. Ordinance No. 280 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 40 acres of land owned by Alvin and Carol Oien. 27. Resolution No. 97-22 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 40 acres of land owned by Alvin and Carol Oien. 28. Resolution No. 97-23 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 40 acres of land owned by Alvin and Carol Oien. 29. Ordinance No. 281 - "Ordinance and Order Disannexing Land," which ordinance disannexed a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 30. Resolution No. 97-24 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 31. Resolution No. 97-25 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 32. Ordinance No. 282 - "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 22 acres of land owned by Dale and Wanda White. 33. Resolution No. 97-26 - "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 22 acres of land owned by Dale and Wanda White. 34. Resolution No. 97-27 - "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial -5- jurisdiction of the City of Fort Worth) approximately 22 acres of land owned by Dale and Wanda White. 35. Ordinance No. 283 - "Ordinance Repealing Ordinance No. 149," which ordinance repealed the grant of a franchise to the Lake Turner Water Supply Corporation and terminated such franchise. 36. Resolution No. 97-28 approving the settlement of the boundary disagreement lawsuit between the Town of Westlake and the City of Roanoke. That the action taken by the Board of Aldermen in this ordinance shall not be interpreted as acknowledging the validity of any actions taken by Mr. Bradley after his removal. That all actions taken by Mr. Bradley after his removal are hereby declared to be illegal and of no force and effect. That the secretary, mayor, mayor pro -tem, or any alderman is authorized to attest to this ordinance. PASSED AND APPROVED this 9th day of May, 1997. ATTEST. SIGNED: Dale White, MAYOR Date ' May 9, 19 7 Date: May 9, 1997 APPROVED AS TO FORM AEGALITY: Bill Wood, Town Attorney Date: May 9, 1997 , �� Carroll Huntress, MAYOR PRO -TEM Date: May 9, 1997 M THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the 9th day of May, 1997, by Dale White, Mayor of the Town of Westlake. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 9th day of May, 1997, by Carroll Huntress, Mayor Pro -Tem of the Town o77�t�' tlake. f) P 4 fAi �� � A- LULL— IL Notary Public in and fb the State of Texas My Co, rPission xpi s: -7- AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Carroll Huntress, a member of the Board of Aldermen of the Town of Westlake, Texas (the "Town"), personally known to me and upon his or her oath deposes and states the following: 1. I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Board of Aldermen of the Town of Westlake, Texas, as those terms are defined in Chapter 171 of the Texas Local Government Code. The business entity or real property is: [name and address of business and/or description of real property] Approximately € 2-`S acres of land located in the Town of Westlake. 2. I have a substantial interest in this business entity or real property for the following reasons (check all which apply): (a) The interest is ownership of 10% or more of the voting stock or shares of the business entity; or (b) The interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; or (c) Funds received from the business entity exceed 10% of (my/her/his) gross income for the previous year; or X_ (d) Real property is involved and I have an equitable or legal ownership with a fair market value of $2,500 or more. Upon the filing of this affidavit with the official recordkeeper of the Town, I affirm that I shall abstain from any discussion, vote or decision involving this business entity or real property and from any further participation in this matter whatsoever except as otherwise may be permitted by Chapter 171 of the Texas Local Government Code. AFFIDAVIT - HUNTRESS PAGE 1 07510.0019:0254238.01 EXECUTED this day of May, 1997. Carroll Huntress SWORN TO AND SUBSCRIBED BEFORE ME on this day of May, 1997. =LANETTE tart' Public, State of Texas Pubuc Print Name: My Commission Expires: .—LL1a.Lff ACKNOWLEDGMENT THE STATE OF TEXAS § ( § COUNTY OF EC fV1 § This instrument was acknowledged before me on May 1997, by Carroll Huntress for the purposes and in the capacity above stated. tl N:m TE HURS7N tary Public, State of Texas ubifc TEXAS. o2J9 Print Name: f!'(1t+`.�i�, c (, 4�t- I--�. E .-�.- ` k'.. My Commission Expires: [NOTARY SEAL] AFFIDAVIT - HUNTRESS PAGE 07510.0019:02542,8.01 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF —'-i,t § BEFORE ME, the undersigned authority, on this day personally appeared Dale White, a member of the Board of Aldermen of the Town of Westlake, Texas (the "Town"), personally known to me and upon his or her oath deposes and states the following: 1. I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Board of Aldermen of the Town of Westlake, Texas, as those terms are defined in Chapter 171 of the Texas Local Government Code. The business entity or real property is: [name and address of business and/or description of real property] Approximately ;2-1 acres of land located in the Town of Westlake. 2. I have a substantial interest in this business entity or real property for the following reasons (check all which apply): (a) The interest is ownership of 10% or more of the voting stock or shares of the business entity; or (b) The interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; or (c) Funds received from the business entity exceed 10% of (my/her/his) gross income for the previous year; or _X (d) Real property is involved and I have an equitable or legal ownership with a fair market value of $2,500 or more. Upon the filing of this affidavit with the official recordkeeper of the Town, I affirm that I shall abstain from any discussion, vote or decision involving this business entity or real property and from any further participation in this matter whatsoever except as otherwise may be permitted by Chapter 171 of the Texas Local Government Code. AFFIDAVIT - WHITE PAGE 1 07510.0019:0254238.01 s C?) EXECUTED this ( day of May, 1997. , La Dale White n SWORN TO AND SUBSCRIBED BEFORE ME on this day of May, 1997. � t ti li Notary Public, State of Texas Print Name: ` t i S ti, S r - My Commission Expires: "i [NOTARY SEAL] ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF v\" r' This instrument was acknowledged before me on May �, 1997, by Dale White for the purposes and in the capacity above stated. [[° _ f/ _ 4l f � Notary Public, State of Texas Print Name: My Commission Expires: AFFIDAVIT - WHITE PAGE 2 07510.0019:0254238.01 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF z ti:t; - § BEFORE ME, the undersigned authority, on this day personally appeared Jerry Moore, a member of the Board of Aldermen of the Town of Westlake, Texas (the "Town"), personally known to me and upon his or her oath deposes and states the following: 1. I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Board of Aldermen of the Town of Westlake, Texas, as those terms are defined in Chapter 171 of the Texas Local Government Code. The business entity or real property is: [name and address of business and/or description of real property] Approximately 14 acres of land located in the Town of Westlake. 2. I have a substantial interest in this business entity or real property for the following reasons (check all which apply): (a) The interest is ownership of 10% or more of the voting stock or shares of the business entity; or (b) The interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; or (c) Funds received from the business entity exceed 10% of (my/her/his) gross income for the previous year; or X_ (d) Real property is involved and I have an equitable or legal ownership with a fair market value of $2,500 or more. Upon the filing of this affidavit with the official recordkeeper of the Town, I affirm that I shall abstain from any discussion, vote or decision involving this business entity or real property and from any further participation in this matter whatsoever except as otherwise may be permitted by Chapter 171 of the Texas Local Government Code. AFFIDAVIT - MOORE PAGE 1 07510.0019 025423 8.01 EXECUTED this day of May, 1997. Jerry Moore F r^ SWORN TO AND SUBSCRIBED BEFORE ME on this ( day of May, 1997. KRISTA LANETTE HURST Notary PubGo STATE OF TEXAS comm. EV, 02(10M THE STATE OF TEXAS COUNTY OF [t= s s V kj-_v C t) Nary Public, State of Texas I Print Name: y t5' '� � a t"1E:04( My Commission Expires: 2 1 /� � I ACKNOWLEDGMENT This instrument was acknowledged before me on May 1997, by Jerry Moore for the purposes and in the capacity above stated. Notary Public, State of Texas pµv apeGn KRISTA LANME HURST Notary srN of TEXAS r r . ,o p My Comm, Exp. OVION Print Name: My Commission Expires: AFFIDAVIT - MOORE PAGE 2 07510.0019:0254238.01 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Howard Dudley, a member of the Board of Aldermen of the Town of Westlake, Texas (the "Town"), personally known to me and upon his or her oath deposes and states the following: 1. I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Board of Aldermen of the Town of Westlake, Texas, as those terms are defined in Chapter 171 of the Texas Local Government Code. The business entity or real property is: [name and address of business and/or description of real property] Approximately 115 acres of land located in the Town of Westlake. 2. I have a substantial interest in this business entity or real property for the following reasons (check all which apply): (a) The interest is ownership of 10% or more of the voting stock or shares of the business entity; or (b) The interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; or (c) Funds received from the business entity exceed 10% of (my/her/his) gross income for the previous year; or X (d) Real property is involved and I have an equitable or legal ownership with a fair market value of $2,500 or more. Upon the filing of this affidavit with the official recordkeeper of the Town, I affirm that I shall abstain from any discussion, vote or decision involving this business entity or real property and from any further participation in this matter whatsoever except as otherwise may be permitted by Chapter 171 of the Texas Local Government Code. AFFIDAVIT - DUDLEY PAGE 1 07510.0019:0254238.01 EXECUTED this day of May, 1997. oward Dudley SWORN TO AND SUBSCRIBED BEFORE ME on this day of May, 1997. [NOTARY SEAL] THE STATE OF TEXAS A' Notary Public, State of Texas } t Print Name: G i" i ri E My Commission Expires: v ACKNOWLEDGMENT COUNTYOF d <A 1 `1 § This instrument was acknowledged before me on May 1997, by Howard Dudley for the purposes and in the capacity above stated. 2Q4�v'GQ4c {(AISTN LAN( HURST N ,tary Public, State of Texas STATE OF T My Comm. Up. OVIGN Print Name: My Commission Expires: % [NOTARY SEAL] AFFIDAVIT - DUDLEY PAGE 2 07510.0019:0254238.01 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § § COUNTY OF 10A L(" § BEFORE ME, the undersigned authority, on this day personally appeared Alvin F. Oien, Jr., a member of the Board of Aldermen of the Town of Westlake, Texas (the "Town"), personally known to me and upon his or her oath deposes and states the following: 1. I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Board of Aldermen of the Town of Westlake, Texas, as those terms are defined in Chapter 171 of the Texas Local Government Code. The business entity or real property is: [name and address of business and/or description of real property] Approximately 40 acres of land located in the Town of Westlake. 2. I have a substantial interest in this business entity or real property for the following reasons (check all which apply): (a) The interest is ownership of 10% or more of the voting stock or shares of the business entity; or (b) The interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; or (c) Funds received from the business entity exceed 10% of (my/her/his) gross income for the previous year; or X_ (d) Real property is involved and I have an equitable or legal ownership with a fair market value of $2,500 or more. Upon the filing of this affidavit with the official recordkeeper of the Town, I affirm that I shall abstain from any discussion, vote or decision involving this business entity or real property and from any further participation in this matter whatsoever except as otherwise may be permitted by Chapter 171 of the Texas Local Government Code. AFFIDAVIT - OIEN PAGE 1 07510.0019:0254326.01 �1 EXECUTED this ! day of May, 1997. Alvin F. Oien, Jr. SWORN TO AND SUBSCRIBED BEFORE ME on this day of May, 1997. i s � 1 F a` PGgt� KRISTALANMEHURST Notary Public, State of Texas Notary Public f y STATE OF TEXAS - h�p My Comm. Ems. 02/10 Print Name: 6y- My Commission Expires: [NOTARY SEAL] ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF l._3Y This instrument was acknowledged before me on May 1997, by Alvin F. Oien, Jr. for the purposes and in the capacity above stated. II VeNotany, Ncotary Public, State of Texas cME HURST PubBo F TEXAS Print Name: f sS t (1. C C , V rXP. 02110M My Commission Expires: -= ? ) AFFIDAVIT - OIEN PAGE 2 07510.0019:0254326.01