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JUD Y MIN GL E - Court CoordinatorKELLIE DER OUEN - Court ReporterTHOMAS NORWOOD - Bailiff

BUDDIE J.HAHNDISTRICT JUDGE

260™ JUDICIAL DISTRICT

ORANGK COUNTY COURTHOUSE801 DIVISION

ORAN GE, TEXAS 77630TELEPHONE

409/882-70S5

May 24, 2011

To: Attorneys of record

Re: Cause No . 2010-81591, Dams, et al vs.City of Houston, et al

Mo tion for Summary Judgment

The ballot should c ontain a description o f the measure in such language as to

con stitute a fair portrayal o f its chief features in words o f plain meaning so that it can be

understoo d by persons entitled to vote. Using this statement as a guide, my first impression

was that th e b allot language in the present case was in fact misleading. It was my be lief that

the proposal voted on b y the people of Harris County authorized the c ity to assess a drainage

fee to help in financing the street and drainage wo rk, and with ou t approval by the vote rs, such

fee could not be imposed. It was my opinion tha t the wo rding in the legal notice published in

the newspaper was not adequate to advise the voters tha t they w ere in fact votin g to assess

their property with a drainage fee .

I have learned that Propo sition One did no t authorize the assessment of a drainage fee,

as tha t had been authorized by state law in Sec. 552.047 o f the Local Gove rnment Code, and

the fa ilure to include the drainage fee assessment in the wo rding of the b allot was in fact no t

misleading.

The Court finds tha t the wo rding o f the ballot as a who le was not m isleading, and tha t

the othe r m atters urged to set aside the results of the election should be denied.

Since I am going to be out of po cket for abou t 3 weeks, I have prepared an Order

granting the M otio n for Summary Judgment which I have signed today. A copy of the order is

enclosed herewith.

Buddie J. Hahn, Presiding Jefflge by assignment

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CAUSE NO . 202 0-815 91

ALLEN MARK DACUS, ELIZABETH IN THE DISTRICT COURT OF

C. PEREZ and REVEREND

ROBERT JEFFERSON

V. HARRIS COUNTY, TEXAS

ANNISE D. PARKER, MAYOR AN D

THE CITY OF HOUSTON, TEXAS 234™ JUDICIAL DISTRICT

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

On the 23rd

day of May, 2011, came on to be heard the Mo tion fo r Summary Judgment

filed herein by the City of H ouston and its Mayor, Annise Parker, M ovants, and after

considering the pleadings, the evidence, and the argum ents o f counsel, the Court is of the

opinion tha t the Mo tion fo r Summary Judgment should be granted, and it is therefore

ORDERED tha t the M otio n for Summ ary Judgment filed herein by Mov ants is hereby in all

things GRANTED. A ll relief reque sted by the Contestants is DENIED.

Costs o f co urt are assessed against Co ntestants.

Signed th is 24th

day of May, 2011.

Buddie J. Hahn, Presiding Judge by assignment

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