HomeMy WebLinkAboutR2017-041RESOLUTION NO. 0'
RESOLUTION *RTING THE LAWSUIT FILED BY THE CITY OF EL CENIZO,
TEXAS, AGAINST THE STATE OF OF • OF
ET FILED r r rCO•F THE WESTERN
DISTRICT r CURRENTLY ON APPEAL WITH THE UNITED
CIRCUIT COURT OF •• AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Senate Bill 4 was filed in Texas Legislature and passed both the Texas House
and Senate, signed by Governor Abbott into law on May 7, 2017, and, barring any injunctive relief
granted by the courts, to become effective September 1, 2017; and
WHEREAS, on May 7, 2017, Texas Attorney General Ken Paxton filed a lawsuit against
Travis County; Sherriff Hernandez; the Austin Mayor, City Council, and City Manager; and the
Mexican American Legal Defense and Education Fund (MALDEF), seeking a declaration that
Senate Bill 4 is constitutional (Texas v. Travis County, et al. 1: 17 -CV -00425 (W.D.Tex — Austin));
and
WHEREAS, the City of El Cenizo and other Texas municipalities, including among others
San Antonio, Austin, El Paso County, Dallas, and Houston, have joined in the lawsuits against the
State of • • the constitutionality of Bill I and
CourtWHEREAS, on August 30, 2017, the Federal Court for the Western District of Texas
entered a preliminary injunction prohibiting the enforcement of five (5) of the S134 provisions; and
WHEREAS, on September 25, 2017, the U.S. Court of Appeals for the 5th Circuit lifted
part of the preliminary injunction; and
WHEREAS, the City of El Cenizo continue to present its legal arguments on the merits to
the 5th Circuit of ♦ p! r . •
WHEREAS, the prescribed period to join the lawsuit filed by City of El Cenizo has expired;
and
WHEREAS, the 5th Circuit Court of Appeals recently reduced the briefing schedule to
submit an Amicus Brief reducing the response period for the City of Denton to actively participate
in the Amicus Brief writing process; and
WHEREAS, the City of Denton is committed to preserving the safety and welfare of all its
residents and visitors.
SECTION 1. The recitals and findings contained in the preamble of this Resolution are
incorporated into the body of this Resolution.
SECTION 2. Be it further resolved that the Mayor and City Council: do not agree with
some of the terms listed in Senate Bill4 and support the Plaintiffs' legal efforts to object to S4 on
grounds that such a law should be reviewed by the courts for constitutionality and preemption.
SECTION 3,. Be it further resolved that the City of Denton has and always will comply with
state and federal laws to preserve the safety and welfare of all Denton residents and visitors and
will always protect the constitutional rights of all Denton residents and visitors.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval..a.a.a.a.a.a.a.._._
PASSED AND APPROVED this the _w� day of m� , 2017.
ilk
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1:0.114
APPRYV1 I:7 AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: