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1972-12-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING December 18, 19 72 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tern W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the Administration present were: City Manager Paul M. West City Secretary J. W. Wade Director of Public Works Roy Patton Chief of Police Roger Robbins Director of Parks and Recreation John Burke Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of December 18, 1972 to order at 7:30 P.M.. Mayor Pro Tem Linn gave the invocation. EMERGENCY ITEM DECLARED Upon a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", declared an emergency and placed on the agenda as Item IO.A. -"CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A QUIT CLAIM DEED FOR A20 FOOT UNUSED ROADWAY LOCATED IN POTTS-BLAYLOCK ADDITION". APPROVAL OF MINUTES Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye, approved the minutes of the City Council meeting of December 4, 1972 with an addition to the second :paragraph on page 547, to make the paragraph read: City Manager Paul West explained the requirements for platting property, which included an explanation of why the dedication of right of way by the Valley View Christian Church did not relieve it of the responsibility of paying a ;,proportion share of the cost of street improvements. PRESENTATION OF SERVICE AWARD Mayor Grimmer presented a 5 year service award for employment with the city to Truman X. (Red) Sellers of the Fire Department. Page 551. POSSIBLE FUTURE STATE LEGISLATION AFFECTING CITIES DISCUSSED. a. Legislative program Proposed by Texas Law Enforcement Legislative Council . Mayor Grimmer introduced Rusty Ormesher, the Chief Felony Prosecutor of the District Attorney's office of Dallas County. Mr. Ormesher gave a presentation on the recommended Legislative Program proposed by the Texas Law Enforcement Legislative Council. This Legislative Program includes: a revised Texas Penal Code, amendments to the Code of Criminal Proceedure, amendments to the Constitutional Amendments and amendments to the Civil Statutes. These proposals will be presented to the Legislation this next session. Mr. Ormesher answered questions asked by the Council. Mayor Grimmer read a resolution that had been prepared favoring parts of the Legislative Program proposed by the Texas Law Enforcement Legislative Council . Chief of Police Roger Robbins stated that he was highly in favor of the proposals. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted the attached Resolution No. 72-058. b. Resolution Opposing Legislation for Gasoline Tax Increase. Mayor Grimmer explained the contents in a resolution that had been prepared opposing the legislation proposed for a 2-cent per gallon gasoline increase. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", adopted the attached Resolution No. 72-059. c. Resolution on Land Use Control Outside Cities. Mayor Grimmer and City Manager Paul West explained the contents in a resolution that had been prepared which supports legislation that will give city and county governments the responsibility for determining land use within their region and will give cities an extension of extraterritorial jurisdiction in dealing with development projects. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted the attached Resolution No. 72-061. d. Resolution Relating to Reorganization of Texas' System of Courts. Mayor Grimmer reviewed the contents in a resolution that had been prepared concerning Municipal Courts. The resolution presented leaves control of the Municipal Court under the City Counc i I, rather than under a State Supreme Court. After some discussion, a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", adopted the attached Resolution No. 72-062 Page 552. RESOLUTION NO. 72-058 WHEREAS, the City Council of the City of Farmers Branch, Texas, is deeply concerned with the increasing crime problem, and WHEREAS, there is an admitted deficiency in our present criminal Justice laws and proceedures, and WHEREAS, the City Council of the City of Farmers Branch has reviewed various proposals including the Legislative Program proposed by the Texas Law Enforcement Legis- lative Council: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the City Council of the City of Farmers Branch approves and is'in favor of the following parts of the Legislative Program proposed by the Texas Law Enforce- ment Legislative Council: (1) The Penal Code recommended by this Coifncil, (2) the Code of Criminal Proceedure recommended by this Council, (3) Constitutional Amendments recommended by this Council, and (4) Civil Statutes permitting voluntary mutual aid law enforcement task forces. SECTION 2. Be it further resolved that copies of this resolution be sent to the Texas Municipal League, all of the members of the Legislative Delegation from Dallas County, the Governor of Texas and the local news media. DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, on this the 18 day of December, 1972. APPROVED: Mayor ATTEST: RESOLUTION NO. 72-059 RESOLUTION CONCERNING VEHICLE FUEL TAX FOR STATE HIGHWAYS THROUGH CITIES WHEREAS, legislation has been proposed that would impose a new 2~ per gallon gasoline tax upon vehicle owners in the State of Texas, and WHEREAS, it has been proposed that this 24 per gallon tax be allocated for the purchase by the Texas Highway Department of all rights of way for State highways in and through cities in Texas, and for payment of all costs of construction curbs and gutters, drainage, utility relocation, signalization and lighting in connection with such highways inside cities, and, WHEREAS, this was adopted by a vote of only 37 to 24 at the annual business meeting of the Texas Municipal League in November, 1972, and WHEREAS, the City Council of the City of Farmers Branch feels-that if any additional user taxes on gasoline should be imposed, they should be for the benefit and sole use of cities for use in construction and maintenance of their roads and streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the City Council of the City of Farmers Branch is unanimously opposed to the passage and adoption of such legislation. SECTION 2. That, copies of this resolution be forwarded to all members of the legislature from Dallas County, the news media, the Texas Municipal League, and the Commissioners Court of Dallas County. DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ON THE 18 day of December , 1972. APPROVE / Mayor v ATTEST: / City Secretary '911G). 6v-ee' V -RESOLUTION NO. 72-061 'WHEREAS, the abaence of land use regulations beyond the corporate limits of cities 1ias fostered the growth of broad range developmental problems in unincorpor- ated areas, and WHEREAS, these problems limit the capacity of city and county governments to best serve their constitutents, and WHEREAS, we believe that policy makers on the local and county level are more familial with specific problems and potential solutions that are the policy makers at any other level. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the City Council of the City of Farmers Branch support legislation which will give city and county*' governments the responsibility for determining land use within their region and will give cities an exten- sion of extraterritorial jurisdiction in dealing with development. =groj ect.s_x , Whitle -We,. trgcogp Z7q the„ gper an appeals 'body at-the state level, we oppose the " creation of a`state regulatory body: ION _-2. What theCity Cozt :0 _:6 Cityaf" Farmt~rs -Brach' recommend that those people closest to the problems of land use be given the authority to deal with them and effect solutions. DULY ADOPTED'BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, on this the 18 day of December 1972, e APPR ED: Mayor ATTEST: CiXY Secretary . ° ~ ; _ . ~ ' = ~"v2~`s~3 ~`~rn~ . ; °;r~~,. *-a~~F~"i~,~-,~,~.~'"1°'~ ~a`~ 4` K fit. , :'~s" REQUEST TO BUILD REST-ROOM, CONCESSION STAND AND PRESS BOX FACILITIES AT SHOWMAN PARK. Mr. Barney Wood, representing the Bomber Football Organization, told of the need for concession stand and restroom facilities at Don Showman Park. Mr. Wood stated that the Bomber Football Organization is proposing to build at Showman Park facilities to accommodate a concession stand, restrooms, press box, storage area and meeting room. The building would be on a concrete block and of brick veneer with approximately 20' x 30' on the lower floor and 20' x 20' on the second floor. Mr. Wood stated that the organization could build this facility themselves with the exception of the necessary utilities for the building. The building is proposed to be located on the north side of the football field, about the 50 yard line on Valwood Parkway. Mr. Wood requested permission from the Council to proceed with the necessary work with the City Departments. He stated that they have some preliminary drawings that they feel will satisfy all the requirements. Mayor Grimmer stated that the Administration recommended that any decision be delayed until a specific proposal can be prepared, including plans for submission with recommendations of the Administration to the City Council. Mr. Wood stated that the work would be done by personnel in the organization and that the organization is in a financial position to undertake this project. There was a discussion of the building being turned over to the city when it is completed. Mr. Wood made the request for more atheletic facilities in Farmers Branch. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the City Administration to work with the Bomber Football Organization and come back to the Council with recommendations at a later date. CONTRACT AWARDED FOR RECREATION BUILDING IMPROVEMENTS. City Manager Pau West presented the seven bids received for the recreation buildi% improvements. Mr. Raymond Thomas, representing the architectual firm of Pratt, Box and Henderson, recommended that the low bid of $248,000.00 be awarded to Joe Funk Construction Co. Mr. Thomas stated that he checked the qualifications of Joe Funk Construction Co. and found them to be a very acceptable. After Mr. Thomas explained that the contract may be delayed because of the delay of getting matching brick, a motion by Councilman McClung, a second by Council- man Quevreaux, all voting "aye", awarded the contract for the recreation building improvements to Joe Funk Construction in the amount of $248,000.00. Page 553. RESOLUTION SETTING FORTH COUNCIL'S POSITION ON THE TRINITY RIVER PROJECT. Mayor Grimmer stated that the Corps of Engineers recently held a series of three hearings for the purpose of determining the effect of the Trinity River project upon the ecology and environment. He reviewed a resolution that had been prepared that supports the Trinity River Project. Councilman Flaherty made a motion to adopt Resolution No. 72-063. Councilman Binford seconded the motion. Councilman Quevreaux made statements opposing the taxing of property by any other taxing authority other than the city. Councilman Quevreaux requested to amend Councilman Flaherty's motion, as to: Section 3 of Resolution No. 72-063 be change to Section 4, and Section 3 to read, "That any necessary taxes levied for assessment and collection would be by existing County Tax Departments who shall then forward on to Trinity River Authority and no new taxing authority be established by the Trinity River Authority." Councilman Binford withdrew his second to the motion. Councilman Flaherty accepted the amendment to his motion. Councilman Binford second the motion with the amend- ment. All voted "aye". Resolution is attached. ADVERTISEMENT FOR BIDS FOR AIR TOOLS AUTHORIZED. City Manager Pau West requested authorization to advertise for bids for air tools for the Public Works Department and the Utilities Department. These air tools consist of pavement breakers, pneumatic tampers and chippers, tools normally operated by air compressors. Mr. West stated that the tools will cost approximately $5,000.00. Councilman McClung made a motion to authorized the Administration to advertise for bids for air tools as recommended by the City Manager. Councilman Flaherty seconded the motion and all voted "aye". CATV DISCUSSED City Manager Paul West stated that the city had received requests for a franchise for CATV in Farmers Branch. Mr. West stated that at the present time personnel of the Administration is looking into the various possibilities as far as CATV is concerned. The City of Dallas Utility Department is conducting a study of CATV also. They expect to have their study completed some time next year. Mr. West stated that it is possible that after they have their study finished and their recommendations made, that this could vitally effect what Farmers Branch might desire to do. Mr. West recommended that the Council pass a motion stating that they will not take any action on requests for CATV franchises until after the Administration has made its report and recommendation. After some discussion, Councilman Quevreaux made a motion that the City Council deny any requests for CATV franchises until after the Administration has made its report and recommendations. Councilman Linn seconded the motion and all voted "aye". Page 554. RESOLUTION NO. 72-062 WHEREAS, the Chief Justice's Task Force for Court improvement has issued its proposed Article V, Texas constitution, as an amendment to the present Article V of the Texas Consti- tution, and WHEREAS, said proposed constitutional amendment would completely eliminate Municipal Courts in the State of Texas, and WHEREAS, under the proposed amendment, all matters which are now filed in Municipal Courts would be filed in a County Court at Law, and WHEREAS, the City Council of the City of Farmers Branch is of the i opinion that Municipal Courts best serve the interests of the citizens of Texas. NOW, THEREFORE, BE IT RESOLVED BY THE'CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the City Council of the City of Farmers Branch urges the Chief Justice's Task Force for Court Improvement to reconsider its recommendations, insofar as the same would eliminate the Municipal Court system as follows, to wit:- (1) Authorize the Legislature to provide for Municipal Courts on a local option basis by all cities of the State of Texas, whether operating under the general laws or under a Home Rule Charter; and (2) Require that such municipal courts, when authorized, shall be courts of record; and (3) Authorize appeal directly from Municipal Courts to the Court of Criminal Appeals, or such other appellate court which may be created with criminal appellate jurisdiction, without the necessity of trial de novo; and (4) Require the Judge of such Municipal Courts to be licensed to practice law in the State of Texas; and (5) Provide that any person holding the office of Judge of a Municipal Court upon the effective date of the constitutional amendment, who is not a person licensed to practice law in the State of Texas, shall continue to be eligible to hold the office of Judge of Municipal Court until the expiration of his term of office; and (6) Preserve the-present system of appointment of municipal.judges by the governing body of the f municipality; and i (7) Provide for the use of county courts at law by those cities which do not choose to adopt or retain the Municipal Court system. DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, on the 18 day of December 1972. APPROVED: Mayor ATTEST: City S retary - - - - - - - • - - - - "3 - _ the ~~'a_ - }rt ~.~'.5,~'nw . fi`:= - LAW OFFICES DITRANT, MAN'KOFF, DAVIS & V_OLE1 S 3434 FIRST NATIONAL BANK BUILDING WENTWORTH T DURANT RONALD M MANKOFF ROBERT EDWIN DAVIS J B WOLENS C ROBERT RAINWATER CHARLES M MEADOWS,JR D&LLAS, TEXAS 75202 748 -0074, A C 214 OF COUNSEL December 6, 1972 JOHNY MERRELL 815 15T!+ STREET, N W. WASHINGTON, D. C Mr. Paul M. West City Manager P. O. Box 34435 Farmers Branch, Texas 75234 Dear Mr. West: This is to confirm our conclusions earlier this afternoon regarding our proposed representation of the City of Farmers Branch in its proceeding with the Honda Distri- butor located in Farmers Branch. An action has been filed in Judge Long's District Court contesting their liability for your City's ad valorem taxes on imported articles in the original cartons. The case has been set for trial the week of January 5, 1973. The firm of Jackson, Walker, Winstead, Cantwell & Miller presently represent the City. It is anticipated that the present state of the law is such that success in the Dis- trict Court or in the intermediate Appeals Court is remote at best. Rather, it is contemplated that a decision by the United States Supreme Court will be necessary to reverse the present trend of decisions which would prohibit taxation of imported articles by the City under these circumstances. Nevertheless, it is the wish of the City of Farmers Branch and its City Council to retest this legal issue in the light of conditions as they presently exist and under the more re- cent legal concepts which have attached to local taxation. The firm presently representing the City now advises you that a conflict between their representation of the City and other substantial clients exists, which prevents their going forward with the matter. They have proposed to with- draw from the matter without charge, and have recommended that this firm and Professor Robert Bernstein of SMU Law School undertake the representation of the City'in this mat- ter. It is proposed that this representation be essentially on the same basis as earlier proposed, to-wit: Legal fees at the rate of $50.00 per hour will be paid on a monthly ba- sis as billed, plus those reasonable expenses actually in- curred. It would be anticipated that a substantial portion Mr. Paul M. West -2- December 6, 1972 of the total fee would be incurred during the first few months of the representation, at which time we would be familiarizing ourselves with the applicable facts and legal principles. Thereafter, time would be devoted to the prep- aration of the case for trial and preparation of the brief and arguments on appeal. Finally, the preparation of a Petition for Certiorari to the United States Supreme Court would en- tail additional substantial time. We understand that the City anticipates a total maximum outlay of $12,000. It would not normally be prudent to predict the amount of time necessary for the presentation of a case through argument to the Supreme Court; however, periodic reviews of our progress might be possible so as to better anticipate what the total cost might be at any particular time. It should be possible to present the case within that budget under favorable circumstances and with a minimum of unexpected contingencies arising. . The other side in a lawsuit very often has a lot to do with how little or how much time must be spent in its ' preparation and presentation. As we understand it, you will present to the City Council at its December 18, 1972, meeting a resolution auth- orizing the employment of Durant, Mankoff, Davis & Wolens and Professor Robert Bernstein to represent the City as special counsel in this matter and will authorize the with- drawal of Jackson, Walker, Winstead, Cantwell & Miller as counsel in this case. Such a resolution might also authorize the City Treasurer or City Manager to disburse amounts to pay bills for legal fees and expenses as they are.presented. We look forward to the opportunity of participating with the City of Farmers Branch in this attempt to rectify the very wide disparity between the treatment of domestic and foreign businesses operating within our cities. 'Yours very truly, Ronald M. Mankoff iRiM1,1: s k cc: Robert A. Bernstein, Esq. School of Law Southern Methodist University Dallas, Texas 75222 ACCEPTANCE OF DRAINAGE EASEMENT FROM TRAMMELL CROW COMPANY. City Manager Pau West and Director of Public Works Roy Patton gave the following information. The Trammell Crow Company is planning the construction of a building on a tract on their property on McEwen Road in Metropolitan Industrial Park, Section Two Revised. There is an existing twelve foot storm sewer easement across this tract which Trammell Crow will not be able to avoid because of the size of their proposed building. This easement now has a thirty-six inch concrete pipe storm sewer in place. The Company proposes to construct their building on top of the existing pipe with adequate structural consideration for the protection of the existing pipe. They propose to provide the City with a Hold Harmless Agreement which provides that the Company will assume complete responsibility for maintenance, services and operation of the existing pipe and will protect the City against any future expenses or losses. They also propose to dedicate an additional drainage easement which will be available for the City's use so that parallel pipe may be installed, if necessary, in the future to provide additional drainage capacity above that which now exists. Mr. West recommended the acceptance of the easement dedication. There was more discussion on the Hold Harmless Agreement. It was discussed that a change be made in the easement instrument presented. In the description, change the last line of the second paragraph to read: "said addition and the easterly line of the centerline of Midway (Dooley) Road;". After more discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to accept the dedication of the easement from Trammell Crow Company. ACCEPTANCE OF QUIT CLAIM DEED THROUGH POTTS-BLAYLOCK ADDITION AUTHORIZED. City Manager Paul West gave the following information. The old County Plat Records show a twenty foot lane extending from Midway Road to Welch Road approximately 370 feet south of Alpha Road. This lane is mentioned in some of the older deeds for land adjacent to it. The lane has never been dedicated and has not been maintained as a public road. The reference to this lane is causing a title problem through the Potts-Blaylock Addition which is preventing financial papers on the Addition from being closed. The Quit Claim Deed being presented for consideration will serve as a notice to the Title Company that the City of Farmers Branch has no claim on this undedicated and unused lane for street purposes through the Potts-Blaylock Addition. After some discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", authorized the City Manager to execute a Quit Claim Deed for a twenty foot unused roadway located in the Potts-Blaylock Addition. CITY MANAGER REPORTS Director of Pars and Recreation John Burke and Rec Center Director George Mathis gave a slide presentation of 1971-1972 programs and activities in the recreation field of the Parks and Recreation Department. City Manager Paul West gave a report of the various activities of the departments of the city. Page 555. EXECUTIVE SESSION Law Suits Discussed City Manager Paul West reported that the firm of Jackson, Walker, Winstead, Cantwell and Miller who have been handling the Honda and Panasonic suits for the city has notified the city that they must withdraw because of a conflict of interest by one of their senior partners. Mr. West stated that upon his request of this firm have recommended the law firm of Durant, Mankoff, Davis and Wolens, working with Professor Robert Bernstein of the S. M. U. Law School to take over the suits. Mr. West stated that he had met with these people. Mr. West stated that the law firm of Jackson, Walker, Winstead, Cantwell and Miller has agreed to turn over all of their work to the new law firm at no charge to the city or to the new law firm. Mr. West stated that he feels that Professor Bernstein and the law firm of Durant, Mankoff, Davis and Wolens will very adequately represent the city in these cases, and recommended that the City Council authorize their employment by passing a resolution that was presented. There was a discussion on the estimated expenditure proposed in the letter by the firm of Durant, Mankoff, Davis and Wolens. There was a discussion in inquiring to other governmental agencies which are effected to see if they would be interested in joining Farmers Branch on the expenditure of these suits. After more discussion, Councilman McClung made a motion to adopt Resolution No. 72-060, that is attached, and, authorized the City Manager to seek parti- cipation from other governmental agencies in joining Farmers Branch on these suits. Councilman Quevreaux seconded the motion. All voted"aye". City Manager Paul West gave an up-to-date report on the law suits of Home Interior and Harpet Investment. OTHER DISCUSSIONS. Mr. West reported that the Carrollton-Farmers Branch School Board would like to meet with the cities of Farmers Branch and Carrollton to discuss the ad valorem tax exemptions constitution amendments that have just been passed. They are hoping that the three agencies will adopt the same attitude. The Council agreed to meet with the School Board. Mayor Grimmer reported that Bob Porter, ex-Mayor of Richardson, had contacted him to see if Farmers Branch would participate with his group opposing Metro-Government, of hiring an attorney to sent to Austin to speak opposing Metro-Government. The Council did not agree to join in with Bob Porter's proposal. Mr. West reported of trying to obtain copies of proposed legislation by the City of Dallas, but they were not available at this time. ADJOURNMENT Upon a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of December 18, 1972 at 10:20 P.M.. Page 556. RESOLUTION NO. 72-063 WHEREAS, r the City Council of the City of Farmers Branch feels ' that thq Trinity River Multiple-purpose Channel Project is economically sound and environmentally in the best interest of the City of Farmers Branch; and WHEREAS, the City Council is especially interested in the flood control programs contained in the Project for the protection of the health and property of the citizens of our city; and WHEREAS, other benefits will accrue to the City of Farmers Branch by reason of the.navigational and recreational aspects of the multiple-purpose channel; and WHEREAS, it is believed that the Corps of Engineers will design and construct the Project so that the needs of man are served without causing irreversible damage to the ecology of the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That this resolution be passed, approved and adopted expressing our support of the proposed construction of those essential elements of the Trinity River Multiple- purpose Channel which will contribute to the control of flood waters that have, in the past, ravaged Trinity lowlands: SECTION 2. That we urge that such construction proceed as expedi- tiously as possible in order that safe and secure planning can proceed within the area which will be protected by these improvements. SECTION 3. That any necessary taxes levied for assessment and collection would be by existing County Tax Departments who shall then forward on to Trinity River Authority and no new taxing authority be established by the Trinity j River Authority. SECTION 4. That copies of this resolution be forwarded to the Corps of Engineers, our Representatives and Senators in Congress, to all appropriate officals in the Adminis- trative Branch of the government, and to such other groups and individuals as share our common cause in this undertaking. DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS ON this the 18th day of December , 1972. APPROVED: I Mayor ATTEST: City~~cretary RESOLUTION NO. 72-060 WHEREAS, the City of Farmers Branch is involved in litigation, or will be involved in litigation concerning the taxation of imported goods, and WHEREAS, the City of Farmers Branch has been represented by special counsel, Jackson, Walker, Winstead, Cantwell and Miller in this case, and WHEREAS, the firm of Jackson, Walker, Winstead, Cantwell and Miller has informed us of their desire to withdraw from the case because of a recently discovered possi- bility of conflict of interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: ' SECTION 1. That by means of this resolution the firm of Durant, Mankoff, Davis and Wolens and Professor Robert Bernstein are employed to represent the City in this case as special counsel under the terms that are outlined in the letter from Mr. Ronald Mankoff, addressed to the City Manager and dated December 6, 1972. DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, on this the 18 day of December 1972 , I APPROVED: Mayor ATTEST : . _ t~ _ ~.rr-a~vCC Cit it ecretary M or eorge G f Grimmer City retar,y J. W. Wade 1 Page 557.