0S/22/2005 08:05 4098827093 260TH DISTRICT COURT PAGE 02/03

BUDDIE J.HAHN
DISTRICT JUDGE
260™ JUDICIAL DISTRICT
ORANGK COUNTY COURTHOUSE
801 DIVISION
ORANGE, TEXAS 77630
JUDY MINGLE - Court Coordinator TELEPHONE
KELLIE DEROUEN - Court Reporter 409/882-70S5
THOMAS NORWOOD - Bailiff

May 24, 2011

To: Attorneys of record

Re: 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 From:4098827093 i lu n (

 0W22/2005 00:06 4098827093 260TH DISTRICT COURT PAGE 03/03

CAUSE NO. 2020-81591

ALLEN MARK DACUS, ELIZABETH IN THE DISTRICT COURT OF

C. PEREZ and REVEREND
ROBERT JEFFERSON

V. HARRIS COUNTY, TEXAS

ANNISE D. PARKER, MAYOR AND

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 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