14&15 Reno AnnexationDRAFT
J:\Attorney\LISA\Resolutions\CURRENT\Reno Litigation Res.wpd
December 3, 2001
RESOLUTION NO. _______________
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
N ORTHWEST CORNER OF MANSFIELD ROAD AND HIGHWAY 82;
DESIGNATING THE LAW FIRM OF WOLFE, CLARK, HENDERSON &
TIDWELL , L.L.P. TO REPRESENT THE CITY OF PARIS IN SAID
LITIGATION ; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
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 pa rt 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,
WHEREAS,
it is deemed appropriate that the City Council authorize litigation against
the City of Reno with regard to the unlawful and improper annexation of said 6.628 acre tract
N OW,
of land located at the northwest corner of Mansfi eld Road and Highway 82;
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CI TY OF PARIS, PARIS,
TEXAS:
Section 1.
That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2.
T hat the City Attorney and the City's special counsel, the law firm of Wolfe,
Clark, Henderson & Tidwell, L.L.P., be, and they are hereby, authorized to commence 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 Highway 82.
Section 3.
That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED
this 10th day of December, 2001.
____________________________________
Michael J. Pfiester, Mayor
ATTEST:
____________________________________
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney