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HomeMy WebLinkAboutRES 1994-030 RESOLUTION N0. 94-30 �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF '� GRAPEVINE,TEXAS FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY OF GRAPEVINE TO APPEAL THE DISTRICT OF COLUMBIA COURT OF APPEALS' DECISION AND DIRECT ITS SPECIAL COUNSEL TO FILE A PETITION FOR CERTIORARI WITH THE UNITED STATES SUPREME COURT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine (the "City") previously authorized its special counsel to pursue litigation in federal court to challenge the sufficiency of the Final Environmental Impact Statement in connection with the proposed expansion of Dallas/Fort Worth International Airport; and WHEREAS, the City's special counsel instituted litigation on behalf of the City, as well as the Cities of Euless and Irving, challenging the Final Environmental Impact Statement in the United States Court of Appeals for the District of Columbia Circuit; ,�.:..,� a n d WHEREAS, the City instructed its attorneys to challenge the Final Environmental Impact Statement because the Airport Development Plan which the Final Environmental Impact Statement approved was not reasonably consistent with the City's land use master plan and would substantially impact the quality of life, impair local property values and reduce the value and utility of parks and recreation areas in the City; and WHEREAS, on November 19, 1993, the District of Columbia Court of Appeals denied the Cities' challenge; and WHEREAS, the proposed expansion of Dallas/Fort Worth International Airport would have a deleterious effect on the environment of the City, its neighborhoods, business and its quality of life and this appeal of the November 19th decision is necessary to seek a reversal of the Court of Appeals' decision to ensure that the interest of the citizens and the public is given full consideration and protection; and WHEREAS, the Grapevine City Council desires to file a Petition for Writ of Certiorari to appeal the District of Columbia Court of Appeals' decision to the United States Supreme Court; and �� WHEREAS, the Grapevine City Council hereby finds and determines that it is in the best interest of the health, safety and welfare of the citizens of the City of `�"' Grapevine to appeal the District of Columbia Court of Appeals' decision and hereby directs its special counsel to file a Pefiition for Certiorarr with the United States Supreme Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF � � GRAPEVINE, TEXAS: '"� Section 1 . That the preamble to this resolution is found to be true and correct and is incorporated herein in its entirety. Section 2. That the City Council hereby authorizes the City Manager to engage the law firm of Popham, Haik to fite a Petition for Writ of Certiorari with the United States Supreme Court on behalf of the City of Grapevine in regard to the challenge to the Final Environmental Impact Statement in connection with the proposed expansion of Da�las/Fort Worth International Airport. Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 24th day of May , 1994. APPROVED: � -� �� William D. Tate Mayor ATTEST: di C. Brown ssistant City Secretary APPROVED AS TO FORM: � Robert H. Power Special Counsel RES. N0. 94-30 2