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HomeMy WebLinkAboutRes 97-40 Authorizing Filing of Petition Under Chapter 9 of the Bankruptcy CodeRESOLUTION NO. 97-40 RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE. WHEREAS, the Town of Westlake is insolvent and cannot pay its debts as they come due because, inter glia, all of its funds have been frozen and withheld from the Town by the town's depositories, Keller State Bank and the Comptroller of Public Accounts of the State of Texas; and WHEREAS, if the purported disannexations of Solana and other properties are allowed to become effective, the Town will be deprived of more than 99 % of its future revenues and therefore will be unable to meet its obligations to its creditors, its citizens and other interested parties; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charly Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings; RESOLUTION NO. 97-40 Page 1 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. Passed by a vote of _' to on this the 9th day of June, 1997. TOWN OF WESTLAKE by Scott'Bradley, Mayor ATTEST: Ging r Crosswy, Town Se y APPROVED AS TO FORM AND LEGALITY: Paul Isham, Town Attorney RESOLUTION NO. 97-40 Rage 2 CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE, TEXAS CONCERNING RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, A TYPE A MUNICIPAL CORPORATION, AUTHORIZING FILING OF PETITION INDER CHAPTER 9 OF THE, BANKRUPTCY ["_OD I, Ginger Crosswy, do hereby certify that: 1. I am the duly appointed and acting Town Secretary of the Town of Westlake, a Type A municipal corporation organized and operating under the laws of the State of Texas. 2. At an emergency meeting of the Board of Aldermen of the Town of Westlake, duly held on June 9, 1997, the following resolutions were duly enacted, and the same remain in full force and effect, without modifications, as of the date hereof: RESOLVED, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens, and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings. 1 June 9, 1997 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. h Clinger yNosswy, Town Secrebry CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE OF RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AN INSTRUMENTALITY OF THE STATE OF TEXAS, AUTHORIZING THE FILING OF PETITION UNDER CHAPTER 9 OF THE BANKIJUPTCY CODE Page 2 RESOLUTION NO. 97-40 RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE. WHEREAS, the Town of Westlake is insolvent and cannot pay its debts as they come due because, inter alfa, all of its funds have been frozen and withheld from the Town by the town's depositories, Keller State Bank and the Comptroller of Public Accounts of the State of Texas; and WHEREAS, if the purported disannexations of Solana and other properties are allowed to become effective, the Town will be deprived of more than 99% of its future revenues and therefore will be unable to meet its obligations to its creditors, its citizens and other interested parties; NOW TBEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE TOWN OF WESTLAKE, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings;. RESOLUTION NO. 9740 Page 1 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. Passed by a vote of 3 to on this the 9th day of June, 1997. TOWN OF WESTLAKE by Scott Bradley, Mayo ATTEST: bing& Crosswy, TownCSecretary APPROVED AS TO FORM AND LEGALITY: C. � — Paul Isham, Town Attorney RESOLUTION NO. 97-40 Page 2 RESOLUTION NO, 97-40 RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE. WHEREAS, the Town of Westlake is insolvent and cannot pay its debts as they come due because, inter alia, all of its funds have been frozen and withheld from the Town by the town's depositories, Keller State Bank and the Comptroller of Public Accounts of the State of Texas, and WHEREAS, if the purported disannexations of Solana and other properties are allowed to become effective, the Town will be deprived of more than 99 % of its future revenues and therefore will be unable to meet its obligations to its creditors, its citizens and other interested parties; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is,. authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings; RESOLUTION NO. 9740 Page 1 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. Passed by a vote of �- to -- on this the 9th day of June, 1997. TOWN OF WESTLAKE by Scott Bradley, Mayo ATTEST: Ging _ Crosswy, Town Secretary APPROVED AS TO FORM AND LEGALITY: Paul Isham, Town Attorney RESOLUTION NO. 97-40 Page 2 RESOLUTION NO. 97-40 RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE. WHEREAS, the Town of Westlake is insolvent and cannot pay its debts as they come due because, inter alfa, all of its funds have been frozen and withheld from the Town by the town's depositories, Keller State Bank and the Comptroller of Public Accounts of the State of Texas; and WHEREAS, if the purported disannexations of Solana and other properties are allowed to become effective, the Town will be deprived of more than 99% of its future revenues and therefore will be unable to meet its obligations to its creditors, its citizens and other interested parties; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas; FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings; RESOLUTION No. 97130 Page 1 FURTHER RESOLVED, Gilbert & Colvin, be, w Town of Westlake in c proceedings. Passed by a vote of 13 that the firms of Cantey & Hanger, L.L.P., and d they hereby are, retained as attorneys for the )nnection with instituting and maintaining the to _ on this the 9th day of rune, 1997. TOWN OF WESTLAKE A ATTEST: bing& Crosswy, Town ecretary APPROVED AS TO FORM AND LEGALITY: Paul Isham, Town Attorney REsoLurioN NO. 4710 Page 2 CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE, TEXAS CONCERNING RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, A TYPE A MUNICIPAL CORPORATION, AUTIIORIZING FILING OF PETITION IDSDER CHAPTER.9 OF THE BANKRUPTCY COD I, Ginger Crosswy, do hereby certify that: 1. I am the duly appointed and acting Town Secretary of the Town of Westlake, a Type A municipal corporation organized and operating under the laws of the State of Texas. 2. At an emergency meeting of the Board of Aldermen of the Town of Westlake, duly held on June 9, 1997, the following resolutions were duly enacted, and the same remain in full force and effect, without modifications, as of the date hereof: RESOLVED, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens, and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings. 1 June 9, 1997 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. roger. rosswy, Town S tary CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE OF RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AN INSTRUMENTALITY OF THE STATE OF TEXAS, AUTHORIZING THE FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE Page 2 CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE, TEXAS CONCERNING RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, A TYPE A MUNICIPAL CORPORATION, AUTHORIZING FILING OF PETITION ITNT)FR CHAPTER 9 OF THERANKRUPTCY COME I, Ginger Crosswy, do hereby certify that: 1. I am the duly appointed and acting Town Secretary of the Town of Westlake, a Type A municipal corporation organized and operating under the laws of the State of Texas. 2. At an emergency meeting of the Board of Aldermen of the Town of Westlake, duly held on June 9, 1997, the following resolutions were duly enacted, and the same remain in full force and effect, without modifications, as of the date hereof: RESOLVED, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens, and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charly Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings. 1 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. June 9, 1997 Ginger sswy, Town Secre CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE OF RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AN INSTRUMENTALITY OF THE STATE OF TEXAS, AUTHORIZING THE FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE Page 2 CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF'WESTLAKE, TEXAS CONCERNING RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, A TYPE A MUNICIPAL CORPORATION, AUTHORIZING FILING OF PETITION INDE CHAPTER 9 OF THE BANKRUPTCY GODS I, Ginger Crosswy, do hereby certify that: 1. I am the duly appointed and acting Town Secretary of the Town of Westlake, a Type A municipal corporation organized and operating under the laws of the State of Texas. 2. At an emergency meeting of the Board of Aldermen of the Town of Westlake, duly held on June 9, 1997, the following resolutions were duly enacted, and the same remain in full force and effect, without modifications, as of the date hereof: RESOLVED, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens, and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charly Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings. 1 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. June 9, 1997 j � '.e Ginger Ckosswy, Town Secre_ CER'T'IFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE OF RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AN INSTRUMENTALITY OF THE STATE OF TEXAS, AUTHORIZING THE FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE Page 2 CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF W ESTLAKE, TEXAS CONCERNING RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, A TYPE A MUNICIPAL CORPORATION, AUTHORIZING FILING OF PETITION IMER CHAPTER 9 OF THE BANKRUPTCY CODE I, Ginger Crosswy, do hereby certify that: 1. I am the duly appointed and acting Town Secretary of the Town of Westlake, a Type A municipal corporation organized and operating under the laws of the State of Texas. 2. At an emergency meeting of the Board of Aldermen of the Town of Westlake, duly held on June 9, 1997, the following resolutions were duly enacted, and the same remain in full force and effect, without modifications, as of the date hereof: RESOLVED, that it is desirable and in the best interests of the Town of Westlake, its creditors, its citizens, and other interested parties, that a petition (the Petition) be filed under the provisions of Chapter 9 of the Bankruptcy Code. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized and directed, on behalf of and in the name of the Town of Westlake, to execute and verify the Petition and to cause the same to be filed with the United States Bankruptcy Court, Northern District of Texas. FURTHER RESOLVED, that the Mayor (Scott Bradley), the Mayor Pro Tem (Charla Bradshaw), or the Town Attorney (Paul C. Isham) of the Town of Westlake, or either of them, be, and each of them hereby is, authorized to execute and file all petitions, schedules, lists and other papers and to take any and all actions which they may deem necessary and proper in connection with the proceedings under Chapter 9, and in that connection to retain and employ all assistance by legal counsel or otherwise which they or any of them may deem necessary and proper with a view to the successful conclusion of the proceedings. 1 June 9, 1997 FURTHER RESOLVED, that the firms of Cantey & Hanger, L.L.P., and Gilbert & Colvin, be, and they hereby are, retained as attorneys for the Town of Westlake in connection with instituting and maintaining the proceedings. Ginger Ctr sswy, Town Secr r CERTIFICATE OF TOWN SECRETARY OF THE TOWN OF WESTLAKE OF RESOLUTION OF BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AN INSTRUMENTALITY OF THE STATE OF TEXAS, AUTHORIZING THE FILING OF PETITION UNDER CHAPTER 9 OF THE BANKRUPTCY CODE Page 2