Friday, February 19, 2010

IMPORTANT INFO ON TOWN COUNCIL MEETING

IMPORTANT: PLEASE READ!!!
This explains what is going on at the meeting tomorrow
Mockingbird/Williams v. Town of Flower Mound

Mockingbird Pipeline/Williams Gas is suing the Town of Flower Mound in order to obtain eminent domain authority over land at Fire Station No.2 on Shiloh and 1171. They want to complete the pipeline that they are putting in for a gas transmission line and to complete that leg of the Central Collection Facility pipeline.


Williams and the town were in court all afternoon on Tuesday in Denton County Probate Court. The key argument on the side of Williams, through a Rule 12 motion, was that our Town Attorney and his law office did not have the authority to even represent the town against this land grab because the Council voted 2-2, Dixon and Wallace FOR and Filidoro and Hayden Against, to accept Williams offer of approx. $35,000 to take our land to complete their CCF pipeline.

Flower Mound’s Town Attorney, Terrence Welch, testified that, in his capacity, he has standing orders to vigorously defend our town in ALL lawsuits filed against the town. Those orders go back over 19 years that he has been Town Attorney.

In an extraordinary ruling, the probate court judge ordered the Town Attorney to go back to Town Council and obtain a resolution authorizing him and his law firm to represent the town in this action. Court will resume next week whereby the Town Attorney will be required to prove that he does represent the town in this action.


This has caused the Town Council to hold a special council meeting this Saturday morning at 9:00 am to take up the resolution allowing the town to defend itself against this lawsuit. We expect Hayden and Filidoro to vote in favor of the Town Attorney defending the town. We are concerned that despite them not having enough votes to allow a land grab, Dixon and Wallace will use this technicality to thwart the town from defending itself against Williams and Mockingbird. If they do, when court resumes next week, the town will not have any legal representation and thereby be left defenseless.

The result will be that Williams will be granted a default judgment against the town. This will result in Williams automatically being granted eminent domain to will immediately run their pipeline across town land for their Centralized Collection Facility (CCF).

If they can easily take the town’s land, how difficult will it be to take yours?

The meeting to decide this will be behind closed doors tomorrow at 9:00am. No public hearing is planned. However, after executive session, council will convene into open session in order to vote on this resolution.


Come to the meeting in green. Our presence will make it clear that we will not tolerate politicians who manipulate the process to gain favor for their gas company cohorts.

15 comments:

Anonymous said...

If Dixon and Wallace vote to not have the attorney represent the town, we should do an immediate recall!!!! It has to be ready before the meeting.

Anonymous said...

This is crazy. How can they take the town's ability away to defend themselves. Is this legal? Who is this judge? If they are up for election, we need to make a note of this!!!!!!

Anonymous said...

This is a huge violation of our rights as citizens to have representaton for our town. This could be setting a precedent for all eminent domain cases. I agree, who is this judge. You can bet that a certain ex-council member had his hands in this one.

Anonymous said...

If you wonder how corrupt Texas is... look no further. The judge is obviously owned by the gas company. The ED filing should have been dismissed with prejudice because cities are not subject to ED; they exercise it.

Anonymous said...

So this is "balance"? "Balance" means do everything Williams says, or we will sue the Town when you don't do what we say. Eminent domain was SUPPOSED to be a tool of "the people", for things like, well in this case, a fire station, something that EVERYONE can agree on. It wasn't supposed to be for "any one company". You know, everyone is leaving California because of all of the anti-business practice, the irony is that eventually once we turn Texas into a giant industrial waste land, no one will want to live here either. That's what happens when the extreme influences from both parties are left to their own devices at the expense of the other 80% of us.

Anonymous said...

It is looking more and more like a cleaning of the house is needed. If Wallace and Dixon do not vote in favor of allowing the town to defend itself then it is time for them to go. Perhaps we can also use some of these signatures we get for this weeks petition drive to recall these two individuals.

Anonymous said...

If Dixon and Wallace vote not to have the attorney defend the town, I wonder what kind of spin Dixon and Wallace will put on the reason for doing so. It will probably be lame like the reason given to change the zoning.
By the way.
I heard a rumor that for the first time in Flower Mound History, they will have two polling places. Guess where the "new and second" location could be?
Yep Shiloh and 1171!!!! Hmmm, that had to come from the County, so again, a certain elected official called in a favor.

Anonymous said...

We might need to call Niecy Nash to "clean house and kick @$$"

Anonymous said...

I want a recall vote to change the name of the office from "Mayor" to "Dictator."

mary said...

If it is 2-2 tomorrow, then this is giving Williams a vote and it may as well be 3-2 and Williams has control of the council

Anonymous said...

It is TIME for Mayor Smith, Dixon, and Wallace TO GO to Oklahoma and live with their Williams' cohorts... Please vote them OUT in the upcoming election - they have essentially ruined Flower Mound and most of the residents do not even know it!

Anonymous said...

Anonymous 8:42, the object of the game is who can get the most votes on election day. If you can turn more votes than they can, you win. If not, they win. See you at the polls!

P.S. Dixon and Wallace are not up until 2011.

Anonymous said...

Hey guys you are supposed to represent the best interests of the RESIDENTS of the community, NOT the interests of outside companies. Since when does a party not show up in court to make sure their rights are not violated. Really? You won't even let the town make an argument. If the petition even comes close, you guys are NEXT, feel like getting thrown out of office?

Anonymous said...

So what was the outcome - what was the vote?

Another Concerned Citizen said...

4-0 to have representation. They listened to the community.