RES 2003-26TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2003 - 26
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE TOWN MANAGER OF THE TOWN OF TROPHY CLUB TO
INCLUDE THE TOWN OF TROPHY CLUB AS A BRIEFING PARTY IN AN AMICUS
CURIAE BRIEF TO THE TEXAS SUPREME COURT IN THE CASE STYLED DENTON
COUNTY V. TARRANT COUNTY, TEXAS SUPREME COURT NO. 02-0795;
AUTHORIZING THE TOWN MANAGER TO PAY UP TO $6,000.00 TO THE LAW FIRM
BAKER & BOTTS FOR LEGAL SERVICES NECESSARY TO PREPARE AND FILE
SUCH AMICUS CURIAE BRIEF WITH THE TEXAS SUPREME COURT IN SAID
LAWSUIT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Denton County and Tarrant County have been engaged in litigation
concerning the determination of their shared county boundary line since 1997; and
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, which places the Town of Trophy
Club in 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 purpose, since the formation of the Counties; and
WHEREAS, the alteration of ._n established and recognized historic boundary will create
uncertainty, materially affect pro, --ty 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 43`d 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, and subsequently, 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; and
WHEREAS, the Town Council of the Town of Trophy Club has determined that it is in the
best interests of the citizens of the Town of Trophy Club, including the neighboring property
owners in the Town who may be affected by the courts' decisions in this case, to join in the filing of
an amicus curiae ("friend of the court") brief along with other property owners and municipalities
that may be affected by the determination of the county boundary line shared by Denton and
Tarrant counties.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
The Town Council does hereby specifically find that public policy purposes are furthered by the
preservation and retention of the historic boundary of Denton County as surveyed by George White
in 1852, which survey was re -ascertained on the ground by Denton County in 1997 and that
participation in the pending Supreme Court through the filing of an amicus curiae brief is an
important effort that must be made to prevent a negative impact on tax and insurance rates for
property owners and developers within the Town of Trophy Club.
SECTION 2
The Town Manager of the Town of Trophy Club is hereby authorized to cause the Town of Trophy
Club to be included as a party in an amicus curiae ("friend of the court") brief to be jointly filed
with other interested parties in the case styled Denton County v. Tarrant County, Texas Supreme
Court No. 02-0795, in order to urge the Texas Supreme Court to hear Denton County's appeal.
SECTION 3
The Town Manager of the Town of Trophy Club is hereby authorized to pay to the law firm Baker
& Botts an amount not to exceed $6,000.00 for that firm's provision of legal services in preparing
and filing said amicus curiae brief with the Texas Supreme Court in the case styled Denton County
v Tarrant County, Texas Supreme Court No. 02-0795.
SECTION 4
This Resolution shall take effect from and after its passage,, and it is accordingly so ordered and
ordained. f —.
PASSED AND APPROVED by the Town
4th day of August, 2003.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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