RES 1666 02/27/2024 Grand Prairie v State of TXOf C/A
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RESOLUTION NO. 1666
RESOLUTION OF THE CITY OF CIBOLO, TEXAS, APPROVING AND
DIRECTING THE CITY ATTORNEY TO REPRESENT THE CITY OF
CIBOLO, TEXAS AS AN INTERVENING CO -PLAINTIFF JOINING
FIFTEEN OTHER CITIES AS PLAINTIFF IN CITY OF GRAND PRAIRIE
Y. THE STATE OF TEXAS, PENDING IN THE 261sT JUDICIAL DISTRICT
OF TRAVIS COUNTY, TEXAS, CHALLENGING SENATE BILL 2038 AS
INVALID, UNCONSTITUTIONAL, AND VOID; PROVIDING FOR
REPEAL AND SEVERABILITY; DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS CONDUCTED IN
COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds the City of Cibolo ("City") is a Texas Home Rule
Municipality, as defined by applicable law; and
WHEREAS, the City Council finds that on October 25, 2023, the City of Grand Prairie filed a
lawsuit in Travis County to have S.B. 2038 declared unconstitutional and void; and,
WHEREAS, the City Council finds S.B. 2038, which went into effect on September 1, 2023,
generally authorizes residents of a city's extraterritorial jurisdiction ("ETJ") to petition for
removal from the city's ETJ under certain circumstances; and
WHEREAS, the City Council finds that among other things, the Plaintiff cities argue that S.B.
2038 violates the "separation of powers" doctrine in the Texas Constitution by delegating
legislative decisions to private property owners, violates due course of law for being
unconstitutionally vague and for lack of notice and an opportunity for property owners to be
heard, and conflicts with existing state law requiring city council consent for the reduction in
size of a city's ETJ; and
WHEREAS, the City Council finds that by intervening, it will join the cities of Anna, Auburn,
Brownsville, Bulverde, Clyde, Crandall, Denson, Denton, Grand Prairie, Hutto, Kaufman,
Lockhart, McKinney, Navasota, and Van Alstyne ("Plaintiff cities"), as Plaintiffs; and
WHEREAS, the City Council finds the legal arguments of the Plaintiff cities are well supported
by legal authorities, both statutory and common law; and
WHEREAS, the City Council finds that the City of Cibolo, Texas is similarly situated with the
Plaintiff cities, and will equally suffer the same harm as presented by the Plaintiff cities in its
Amended Original Petition, making it necessary for the Cit to join in the pending suit to protect
its ETJ from being illegally diminished.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CIBOLO, TEXAS:
1, The statements set forth in and by reference in the recitals of this Resolution are
true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution.
2. The City Attorney is authorized to represent the City of Cibolo, Texas in the Grand
Prairie a State of Texas lawsuit pending in Travis County, Texas, challenging SB 2038, and may
file all necessary and appropriate pleadings, motions and other filings on behalf of the city, and
must continue to do so, through any appeal, until a final unappealable judgment is obtained, or as
further directed by the City Council.
3. The City Attorney's is authorized to charge the city the flat rate of $160 per hour
for work performed in connection with this matter.
4. This Resolution shall be and is hereby cumulative of all other resolutions of the
Corporation and this Resolution shall not operate to repeal or affect any such other resolutions
except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of
this Resolution, in which event such conflicting provisions, if any, in such other resolution or
resolutions are hereby repealed.
5. If any section, subsection, sentence, clause, or phrase of this Resolution shall for
any reason is held to be invalid, such decision shall not affect the validity of the remaining portions
of this resolution.
6. The meeting at which this Resolution passed was conducted in compliance with
the Texas Open Meetings Act.
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7. This Resolution shall become effective and be in full force and'effect from and after
the date of passage and adoption by the City Council of the City of Cibolo, Texas.
PASSED AND ADOPTED BY THE CITY COUNCIL ON THE 27th DAY OF
FEBRUARY 2024.
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
MARK ALLEN
Mayor
APPROVED AS TO FORM:
Hyde Kell LLP
City Attorney
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