HomeMy WebLinkAboutR2003-017RESOLUTION NO. 200d- O/q
A RESOLUTION TO APPROVE AND AUTHORIZE THE CITY OF DENTON TO FILE AN
AMICUS CURIAE BRIEF 1N DENTON COUNTY V. TARRANT COUNIT~, CAUSE NO. 02-
0795, IN THE SUPREME COURT OF TEXAS; ESTABLISHING A PUBLIC PURPOSE,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the County of Denton and Dallas were initially created by Act of the Texas
Legislature in 1846 and Tarrant was not created until 1850; and
WHEREAS, the southern boundary of Denton County was marked on the ground and
surveyed by George White in 1852 and said survey was legally approved and filed with the
Texas General Land Office; and
WHEREAS, the County of Tarrant was not surveyed until 1854 by A.G. Walker who
recognized and relied upon the 1852 George White survey of Denton County to complete the
northern boundary of Tarrant County where it was common with Wise County; and
WHEREAS, the George White survey of 1852 marking the common boundary of Denton
and Tarrant Counties is the only survey ever marked on the ground, filed with the Texas General
Land Office and recognized for any propose, since the formation of the Counties; and
WHEREAS, the alteration of an established and recognized historic boundary will create
uncertainty, materially affect property rights and dilute the electoral access, there is rational and
public policy basis for preserving the historic boundary separating the Counties of Denton and
Tarrant; and
WHEREAS, Tarrant County sued Denton County in the 43ra Judicial District Court of
Parker County to alter the historic boundary and said District Court did in all aspects rule and
render an opinion against Tarrant County; that the Second Court of Appeals, Fort Worth,
reversed the District Court; an appeal thereof is pending in the Texas Supreme Court Cause No.
02-0795; Denton County v. Tarrant County; and
WHEREAS, consideration of this cause by the Supreme Court of Texas is warranted for
review of constitutional, and state jurisprudential issues and to provide finality.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
1. AUTHORIZATION. The Mayor or her designate is hereby authorized to take all
actions necessary and proper to implement the provisions of this Resolution.
2. PUBLIC POLICY. The City Council does hereby specifically find that public
policy purposes are furthered by the preservation and retention of the historic southern boundary
of Denton County as surveyed by George White in 1852, which survey was re-ascertained on the
ground by Denton County in 1997.
3. INTERVENTION. The City of Denton is authorized to intervene as an amicus
curiae in Denton County v. Tarrant County, Cause No. 02-0795, in the Texas Supreme Court,
and, join in an amicus brief to be filed in the Texas Supreme Court for the public policy purpose
as stated herein.
4. RECITALS. The City hereby finds and declares all precatory language herein to
be true and correct and approves and adopts the same herein as part of this Resolution.
5. EFFECTIVE DATE. This Resolution shall be effective on and after the date of its
adoption.
PASSED AND APPROVED this ~-~/tday of August, 2003.
HON. EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED A~_.~O LEO2klz,-FOl~I:
HERB~ I~: PROUTY, CITY/~qTFORNEY