2001-189-RES AUTHORIZING LITIGATION AGAINST COP WITH REGARD TO UNLAWFUL AND IMPROPER ANNEXATION OF 6.628 ACRE TRACT

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RESOLUTION N<? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING LITIGATION AGAINST THE CITY OF RENO WITH REGARD TO THE UNLAWFUL AND IMPROPER ANNEXATION OF A 6.628 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF MANSFIELD ROAD AND IDGHWAY 82; DESIGNATING THE LAW FIRM OF WOLFE, CLARK, HENDERSON & TIDWELL, L.L.P. TO REPRESENT THE CITY OF PARIS IN SAID LITIGA TIONj MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 2001-189 WHEREAS, on August 16, 1998, the City Council of the City of Reno and the City Council of the City of Paris approved on behalf of said cities a "Compromise Settlement & Release of All Claims" in Cause No. 64933 in the 62nd Judicial District Court of Lamar County, Texas, which Compromise Settlement & Release of All Claims was intended to settle a dispute over the boundaries of the respective cities; and, WHEREAS, on August 17, 1998, the Honorable Jim N. Thompson, District Judge, 62nd Judicial District, signed a final Judgment in Cause No. 64933 confirming certain annexations of the City of Paris, and declaring that City of Paris Ordinance No. 97-059 and the annexations accomplished by said ordinance were and are effective as of December 15,1997, and confIrming the agreement between the cities as to their mutual boundary; and, WHEREAS, on March 6, 2000, the City Council of the City of Reno adopted Ordinance No. 268 purporting to annex a 6.628 acre tract of land at the northwest corner of Mansfield Road and Highway 82; and, WHEREAS, it has been brought to the attention of the City Council of the City of Reno that said 6.628 acre tract of land was part of the land contained in the City of Paris annexation which was confirmed by the above-mentioned order of the District Court and the said land is within the boundaries of the City of Paris as agreed by the City of Reno and the City of Paris in the above-mentioned settlement agreement; and, WHEREAS, in spite of good faith overtures on the part of the City of Paris, the City Council of the City of Reno, Texas, did heretofore, on the 12th day of November, 2001, state its refusal to rescind said Ordinance No. 268 to de-annex said 6.628 acres of land and to affirm its agreement as to the boundary between the City of Paris and the City of Reno; and, WHEREAS, based on the failure of the City of Reno to rescind Ordinance No. 268, the City of Paris has no other alternative but to commence litigation against the City of Reno to seek a court order voiding the action taken by the City of Reno in purporting to annex the 6.628 acre tract of land which is already located within the city limits of the city of Paris; and,