HomeMy WebLinkAboutRes 97-32 Indemnification of Alderman - OienRESOLUTION NO. C 7 - - -,
INDEMNIFICATION OF ALDERMEN
STATE OF TEXAS §
COUNTIES OF DENTON §
AND TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Town of Westlake, Texas, is a Type -A general law city lying and being
situated in Denton and Tarrant Counties, State of Texas; and
WHEREAS, the members of the Board of Aldermen are defendants in a lawsuit filed by
Don Redding in Denton County, Texas (the "Redding Lawsuit"), in connection with actions
taken by the Town of Westlake to adopt a correct Official Map; and
WHEREAS, the members of the Board of Aldermen are defendants in a lawsuit filed by
Oscar Renda in Tarrant County, Texas (the "Benda Lawsuit"), in connection with the actions
taken by the Town of Westlake to adopt a correct Official Map; and
WHEREAS, the members of the Board of Aldermen are defendants in a lawsuit filed by
Scott Bradley in Tarrant County, Texas (the "Bradley Lawsuit"), in connection with actions
taken by the Board of Aldermen to remove Scott Bradley from the office of Mayor; and
WHEREAS, on April 29, 1997, the Board of Aldermen of the Town of Westlake
removed Scott Bradley from the office of Mayor of the Town of Westlake (the "Removal'); and
WHEREAS, on May 2, 1997, the Town of Westlake unconditionally and irrevocably
disannexed certain tracts of land more particularly described in ordinances approved by the
Board of Aldermen (collectively, the "Disannexations"); and
WHEREAS, on May 3, 1997, the Town of Westlake conducted a general election to fill
certain vacancies on its Board of Aldermen in accordance with the Texas Election Code (the
"Election"); and
WHEREAS, the Town of Westlake desires to indemnify Alvin F. Oien, Jr. in connection
with any and all actions taken by the Board of Aldermen related to the Redding Lawsuit, the
Renda Lawsuit, the Bradley Lawsuit, the Removal, the Disannexations and the Election; and
WHEREAS, notice of the proposed adoption of this Resolution has been duly posted in
accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
INDEMNIFICATION - OIEN
07510.0019:0254322.01
NOW, THEREFORE, BE IT RESOLVED AND AGREED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE:
SECTION 1.
That the the Town of Westlake does hereby covenant and agree to indemnify, release,
hold harmless and defend Alvin F. Oien, Jr., to the extent permitted by law, from and against any
claim, suit, liability, loss, cost and expense asserted against or incurred by Alvin F. Oien, Jr. in
connection the Redding Lawsuit, the Renda Lawsuit, the Bradley Lawsuit and any and all other
claims, causes of action and proceedings arising from or directly or indirectly related to actions
taken by Alvin F. Oien, Jr.with respect to the Removal, the Disannexations and the Election.
SECTION 2.
That this Resolution shall become unconditionally and irrevocably effective and binding
upon the Town of Westlake upon the effective date hereinafter set forth, and that this Resolution
may not be altered or amended by the Town of Westlake without the prior written consent of
Alvin F. Oien, Jr.
This RESOLUTION is unconditionally and irrevocably PASSED AND APPROVED by the
Board of Aldermen of the Town of Westlake, Texas, this 8th day of May, 1997, and is effective
at VIS f M. on such date.
INDEMNIFICATION - OIEN
07510.0019:0254322.01
ATTEST:
Date: May 8, 1997
APPROVED AS TO FORM
A E� GIA�LITY:
t✓"`i
Bit Wood, Town Attorney
Date: May 8, 1997
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
SIGNED:
Dale White, MAYOR
Carroll Huntress, MAYOR PRO -TEM
This instrument was acknowledged before me on the 8th day of May, 1997, by Dale
White, Mayor of the Town of Westlake.
A'a'
fr qf
Notary Public in and for
the State of Texas
My Commission Expires:
F97
KRISTA�N�lE1`f]HUNT
THE STATE OF TEXAS § SUM § My Comm. Exp.
COUNTIES OF TARR.ANT §
AND DENTON §
This instrument was acknowledged before me on the Sth day of May, 1997, by Carroll
Huntress, Mayor Pro -Tem of the Town of Westlake.
Notary Public in and for
My Commission Expires:
;J1l-'M
KRTSTA LANETTE FIIIRST
Notary Pub0a
STATE OF TEXAS
a€ MY COMM, Exp. 02/1ol'B�
the State of Texas
INDEMNIFICATION - OII;N
07510.0019:0254322.01
AFFIDAVIT OF SUBSTANTIAL INTEREST
THE STATE OF TEXAS §
T
COUNTY OF I xvr-P^
t$ §§
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
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07510.0019:0254326.01
EXECUTED this
e
day of May, 1997.
ou"
Alvin F. Oien, Jr.
SWORN TO AND SUBSCRIBED BEFORE ME on this day of May, 1997.
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[NOTARY SEAL]
No ary Public, State of Texas ll��
Print Name: I 'j j54 {� hrP e
My Commission Expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY O §
This instrument was acknowledged before me on May �, 1997, by Alvin F.
Oien, Jr. for the purposes and in the capacity above stated.
Notary Public, State of Texas
Print Name:
My Commission Expires: /b
[NOTARY SEAL]
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STAF TEXAS
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AFFIDAVIT - MEN
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