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  • Final Judgement of Fairly v. City of Amarillo

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    ABC 7 Amarillo
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    Judge Sowder rules that the city used anticipation notes improperly to fund the Civic Center project

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    Judge Sowder rules that the city used anticipation notes improperly to fund the Civic Center project

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    3K views5 pages

    Final Judgement of Fairly v. City of Amarillo

    Uploaded by

    ABC 7 Amarillo
    Judge Sowder rules that the city used anticipation notes improperly to fund the Civic Center project

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 5
    STEPHNIE MENKE DISTRICT CLERK, October 28, 2022 2.40 PM. POTTER COUNTY, TEXAS bY KM DEPUTY CAUSE NO, 110998--CV INRE 8 INTHE DISTRICT COURT OT § CITY OF AMARILLO, TEXAS § POTTER COUNTY, TEXAS § 5 320th JUDICIAL DISTRICT FINAL JUDGMENT, (On October and 5, 2022, the Court conducted the final hearing and wil regarding the City oF Amarill's (he “City") Declaratory afgment Action dee Chapters 1205 and 1431 of the Texas Goveramiart Cope and Plainifand Intervenor Alex's iely’s (*Faiy") Declaratory Judgment Action under Chapter 37 ofthe TEXAS Civil PRACTICE & REMEDIES Cove. The City, Faily, and the Attomey General of Texas appeared through counsel of record, Aller considering the pleadings on fl, al evidsnce properly befre the Cour, and arguments of counsel, the Court herby fn and declares that judgement shall be entered for aan ana nicest les Fairy, 11 ES IHEKEEUKE DECLARE , ORDERED, ADJUDGED, AND DECREED that tem No, $ on the agenda notice for the May S, 2022 Tax Incremcot Reinvestment Zone (“PIR”) #1 oaed sceting did not provide the pubic with suisient notice of the subject ofthe meeting and, therefore, violated § 551.041 ofthe TEXAS GovERNMENT Cone. TTIS FURTHER DECLARED, ORDERED, ADIUDGED. AND DECREED that the ations taken by tne TIRZ #1 Board on May 5, 2022 regarding lem No, 5, including the recommendation for the amendment of the TIRZ #1 project plan. void under § 951.141 of the Texas Government Cope, IT 18 FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that Non-Consent Item No. (D), including consideration of including components of the Amarillo civic center complex in the TIRZ #1 project plan, onthe agenda notice forthe May 10,2022 regular City Council mestng ofthe Amavillo City Council didnot provide the public with sufiient notice othe subject ofthe meeting and theretore, volated § 551.041 of the TEXAS GOVERNMENT Cove. 11S FURTHER DECLARED, ORDERED, ADIUDGED, AND DECREED that the actions taken by ‘Amarillo City Council on May 10, 2022 regarding Non-Consent Ite» No. 3(D), including consideration of and voting upon the inclusion of components of the civ center complex in the TIRZ #1 projet plan, are void under § 581.181 ofthe TexAS GOVERNMENT Cope. IT IS FURTHER DI LARED, ORDERED, ADIUDGED, AND DECREED that Consent Item ‘No. (8), including consideration for including, components ofthe civic center complex into the TIRZ. #1 project plan, on the agenda notice for the May 24,2 22 regular City Council ‘meeting ofthe Amavilo City Council di not provide the public with suieient notice ofthe subject ofthe meeting and, therefore, violated § 551.041 ofthe TEXAS GOVERNMENT CODE. IIs FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that Now-Consent Item ‘No. 3(L), inching the tex anticipation notes made the subjeet ofthis lawsuit, on the agenda notice forthe May 24,2022 regula City Council meeting ofthe Amilo City Coun did not provide the pblic with sufficient notice ofthe subject athe meting and, therefore, violated § 551.041 ofthe Texas Goverysvr Cooe, IP IS FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED thatthe actions taken by Amarillo City Council on May 24, 2022, related to Consent lem No, 2(8), inefuding the amendment of the TIRZ# | project plan, and Ordinance 7980, are void under § 551.141 of the ‘Texas Government Cope, IT IS FURTHER DECLARED, ORDERED, ADJUDG AND DECREED thatthe aetions taken by Amarillo City Counil on May 24,2022, related to Non Consent em No. 3(L),inluding the {ax antespation notes made the subect ofthis Inst nd Ordnance 7989, are void under § 551.141 of the Texas Governntext Cooe, IT IS FURTHER DECLARED, ORDERED, ADIUDGED, AND DECREED that City of Amarillo Ordinance 7980 is void under § 551.141 ofthe TEXAS GoveRNMENT CODE. IF IS FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that City of Amarillo ‘Ordinance 7985 is Void under § 531-141 ofthe TEXAS GOVERNMENT CODE. ITIS FURTHER DECLARED, ORDERED, ADIUDGED, AND DECREED that Amarillo City Council Violated Chapter 311 ef seq. ofthe TEXASTTAX Coos by fling to publish nti inanewspaper regarding amending the TIRZ.# projet plan 7 days rin tothe May 10 ant 24, 2022 regular (City Council meetings. IT 1S FURTHER DECLARED, ORDERED, ADIUDGED, AND DECREED that City of Amarillo ‘edinance 7985 is void under § 1431,008a) of the TEXAS GOVERNMENT CoE, IIS FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that the proceeds ofthe 0x anticipation notes authorized under Ordinance 7985 were not intended for an authorized wse under the § 143,004 of the TEXAS GOVERNMENT CODE as the new construction of the civie center complex is nota public work and, therefore, Ordinance 7985 is void, IT 1S FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that Article Il, §23 of the Amavillo City Charter applies o Ordinance 7985. ITS FURTHER, DECLARED, ORDERED, ADJUDGED, AND DECREED that Alex Fairly be ‘varde what the Court finds to be reasonable and cess ttneys ees. and ests throug ‘ca in favor of Alex Fairy and spainst the City of Amarillo inthe amount of $351,613.82. TP 1S FURTHER DECLARED, ORDERED, ADIUDGED, AND DECREED that Alex Fad be varded what the Court finds o be reasonable and necessary attorneys" ees and costs from the end of ial shrough inal judament in Favor of Alex Fay aa agains the City of Amaia fn the amount of $25,000.00. 1F IS FURTHER DECLARED, ORDERED, ADIUDGE! AND DECREED that Alex Fatty: be ‘awarded, inthe event of an appeal described under this paragraph, what the Court finds vo be reasonable and necessary attorneys’ Fees and costs fo th of this judgment to the Court of Appeals o ret appeal to the Supreme Coun of Teves as allows hy Chapter 1208 8 soq. 01 Me LEXAS GOVERNMENT CODE un invur oiAien Far snd mga be Lay 0 Amarillo inthe amount of $50,000.00. 1118 FURTHER DECLARED, ORDERED, ADIUDGED. AND DECREED that Alex Baily be awarded, inthe event of an appeal described under this par raph what the Court finds to be reasonable and necessary attorneys fees and costs in the amount of $30,000.00 if after an appeal to the Court of Appeals, pation for review is fled with the Supreme Court of Texas and the Supreme Court of Texas requests respons cot briefing onthe merits, fiom Alex Faiely, TPIS FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED thatthe City of Amailo's requests fr declarations as othe validity and legality ofthe public secures identifies City of Amarillo, Texas, Tax Notes, Taxable Series 20224 axe hereby DENIED. IT 1S FURTHER, DECLARED, ORDERED, ADIUDGED, AND DECREED thatthe City of Amarillo, “Tena, Tex Noes, Taxable Series 2022A ave invalid nd void. IT 1S FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that ths na judges, ‘wth respect o each adjusted matter st forth above and cach such mater that could have been ised is binding, conclusive, and final against he City of Amro, dhe Texas Attomey General the Texas Comptroller of Public Acsouns, and all who reside inthe City of Amari, Including propery owners and taxpayers ia the City of Amilo, nd all who have orca a Fight, tle or interest in any propery or money to be affeted by the public security uthorizaion and issuance of City of Amarillo Tax Notes Series 2022A made the subi of ‘his laveuit, ITIS FURTHER DECLARED, ORDERED, ADIUDGED, AND DECREED thst al relief not expressly granted in this judgment is hereby denied. TT 1S FURTHER DECLARED, ORDERED, ADJUDGED, AND DECREED that this judament finally

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