HomeMy WebLinkAbout1998-1729 Wut OaainwY�\QdN�sdSBUIkaYJm dmM rttuaN 4d
ORDINANCE NO 9' — /A
AN ORDINANCE AUTHORIZING THE RETENTION OF TERRY MORGAN &
ASSOCIATES (MORGAN) TO PROVIDE A DEFENSE FOR THE CITY OF DENTON
ZONING BOARD OF ADJUSTMENT (ZBA) AND SUCH OTHER LEGAL SUPPORT
REQUIRED BY THE CITY OF DENTON IN CAUSE NO 98-10388-16 IN WHICH THE
PLAINTIFFS ARE EDWARD SOPH, CAROL SOPH, DALE BRANUM, CITIZENS FOR
HEALTHY GROWTH, AND JOYCE A POOLE, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, a document entitled "Petition for Writ of Certiorari" was filed on June 1,
1998 with the I District Court in Cause No 98-10388-16 styled Edward Soph Carol Soph
Dale Branum Citizens for Healthy Growth vs the City of Denton Zoning Board of Adjustment,
and
WHEREAS, the allegations in such petition relate to the ZBA upholding the decision of
the City's Director of Planning and Development regarding, but not limited to, the issuance of a
building permit to United Copper for the construction of a rod mill in an area zoned for Light
Industrial uses, and
WHEREAS, Morgan provided the legal support to the ZBA in conducting the hearing
appealing the administrative decision of Dave Hill and such firm is under contract with the City
to provide legal support to the City in matters relating to planning and zoning matters, and
WHEREAS, the City and Morgan desire to amend their existing contract to provide the
legal services needed by the ZBA and the City in preparing a defense to the allegations raised in
the matters referenced above, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the contract between the City of Denton and Terry Morgan &
Associates is hereby amended to provide legal services necessary to prepare a defense for the
City of Denton Zoning Board of Adjustment and such other legal support needed by the City of
Denton in Cause No 98-10388-16 in which the Plaintiffs are Edward Soph, Carol Soph, Dale
Branum, Citizens for Healthy Growth, and Joyce Poole
SECTION II That the City Manager or his designee is authorized to execute the
amendment to the above contract necessary to effectuate this retention and the legal expenses
authorized herein shall be paid from the City's Risk Fund
SECTION III, That this ordinance shall take effect immediately upon its passage and
approval
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PASSED AND APPROVED this the _L_ � day of �I&� 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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