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RESOLUTION NO. {dOO500f;
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING
THE CITY ATTORNEY TO FILE AMICUS BRIEFS AND OTHER PLEADINGS IN
SUPPORT OF THE CITY OF ROCKW ALL IN A CASE STYLED HUGHES V CITY OF
ROCKWALL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is currently pending in the Dallas Court of Appeals a case styled
Hughes v. City ofRockwall, No 05-04-01562 (the "Rockwall Case"); and
WHEREAS, in the Rockwall Case the Court of Appeals ruled against the City of
Rockwall regarding a property owner's right to obtain arbitration prior to the city's ability to
annex under Section 43.052(h)(I) ofthe Local Government Code; and
WHEREAS, the City of Rockwall is in the process of appealing the Court of Appeals
decision to the Texas Supreme Court; and
WHEREAS, if the Rockwall Case is not reversed it will have a chilling affect on the City
of Denton's ability to annex areas within its extraterritorial jurisdiction which will inhibit the
City's ability to plan for growth and development in accordance with its comprehensive plan;
and
WHEREAS, the City Council fmds that it is in the public interest and in the best interest
of the citizens of the City of Denton for the City to participate in the Rockwall Case by filing
amicus briefs and other pleadings with the Texas Supreme Court in support of the City of
Rockwall; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations contained in the preamble of this resolution
are incorporated herein by reference.
SECTION 2. The City Attorney, or his designee is hereby authorized and directed to file
an amicus brief in support of the City of Rockwall's petition for review to the Texas Supreme
Court of the Rockwall Case. Should the Supreme Court grant certiorari the City Attorney, or his
designee is authorized to file additional pleadings and amicus briefs as he may deem necessary to
support the City of Rockwall's position.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the :J.J,I!!! day of 3.f .A1.1.lMr 2005.
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EULINE BROCK, MAYOR
ATTEST:
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HERB PROUTY, CITY ATTORNEY
BY:
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