HomeMy WebLinkAboutRES 1994-034 RESOLUTION NO. 94-34
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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 THE CITY MANAGER
TO ENGAGE COUNSEL TO FILE A PETITION FOR
CERT/ORAR/ WITH THE UNITED STATES SUPREME
COURT AND TAKE OTHER NECESSARY AND
APPROPRIATE ACTION; 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;
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and
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
� Y Certiorari to appeal the District of Columbia Court of Appeals' decision to the United
States Supreme Court; and
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� 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 the City Manager to engage counsel to file a Petition for Certiorari with the
United States Supreme Court, file the necessary briefs and conduct oral argument;
and
WHEREAS, this resolution is necessary in that the firm of Popham Haik,
previously authorized to represent the City, has advised the City Council that it cannot
undertake that representation.
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 Manager is advised and directed to engage appropriate
legal counsel to file 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
� Dallas/Fort Worth International Airport.
Section 3. That this resolution shall become effective from and after the date
of its passage.
Section 4. That Resolution No. 94-30 is hereby repealed.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21 st day of June , 1994.
APPROVED:
iam D. Tate
Mayo�
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RES. N0. 94-34 2
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ATTEST:
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Lind uff
City Secretary
APPROVED AS TO FORM:
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Robert H. Powe�
Special Counsel
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RES. NO. 94-34 3