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0S/22/2005

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4098827093

260TH DISTRICT COURT

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02/03

BUDDIE J.HAHN
DISTRICT JUDGE 260™ JUDICIAL DISTRICT ORANGK COUNTY COURTHOUSE 801 DIVISION ORANGE, TEXAS 77630 JUDY MINGLE - Court Coordinator KELLIE DEROUEN - Court Reporter THOMAS NORWOOD - Bailiff TELEPHONE

409/882-70S5

May 24, 2011 To: Re: Attorneys of record Cause No. 2010-81591, Dams, et al vs.City of Houston, et al Motion for Summary Judgment

The ballot should contain a description of the measure in such language as to constitute a fair portrayal of its chief features in words of plain meaning so that it can be understood by persons entitled to vote. Using this statement as a guide, my first impression was that the ballot language in the present case was in fact misleading. It was my belief that the proposal voted on by the people of Harris County authorized the city to assess a drainage fee to help in financing the street and drainage work, and without approval by the voters, such fee could not be imposed. It was my opinion that the wording in the legal notice published in the newspaper was not adequate to advise the voters that they were in fact voting to assess their property with a drainage fee. I have learned that Proposition One did not authorize the assessment of a drainage fee, as that had been authorized by state law in Sec. 552.047 of the Local Government Code, and the failure to include the drainage fee assessment in the wording of the ballot was in fact not misleading. The Court finds that the wording of the ballot as a whole was not misleading, and that the other matters urged to set aside the results of the election should be denied. Since I am going to be out of pocket for about 3 weeks, I have prepared an Order granting the Motion for Summary Judgment which I have signed today. A copy of the order is enclosed herewith.

Buddie J. Hahn, Presiding Jefflge by assignment

MAY-24-E011 14:47

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260TH DISTRICT COURT

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CAUSE NO. 2020-81591 ALLEN MARK DACUS, ELIZABETH C. PEREZ and REVEREND ROBERT JEFFERSON V. ANNISE D. PARKER, MAYOR AND THE CITY OF HOUSTON, TEXAS IN THE DISTRICT COURT OF

HARRIS COUNTY, TEXAS

234™ JUDICIAL DISTRICT

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT On the 23rd day of May, 2011, came on to be heard the Motion for Summary Judgment filed herein by the City of Houston and its Mayor, Annise Parker, Movants, and after considering the pleadings, the evidence, and the arguments of counsel, the Court is of the opinion that the Motion for Summary Judgment should be granted, and it is therefore ORDERED that the Motion for Summary Judgment filed herein by Movants is hereby in all things GRANTED. All relief requested by the Contestants is DENIED. Costs of court are assessed against Contestants. Signed this 24th day of May, 2011.

Buddie J. Hahn, Presiding Judge by assignment

MAY-24-2011 14:47

From:4098827093

ID:Cita Of Hou-LeaaL