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Home My WebLink About1996-217E \WPDOCS\ORD\RPS ORDINANCE NO —I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND RATIFYING THE MAYOR'S EXECUTION OF A SETTLEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT IN THE MATTER OF JOHN T WEBBER AND ERIC S BARNES, PLAINTIFFS V CITY OF DENTON TEXAS DEFENDANT V RPS VENTURES INC RAMNIK U RANA AND PUSHPA RANA INTERVENORS AND RPS VENTURES, INC RAMNIK U RANA AND PUSHPA RANA PLAINTIFFS V CITY OF DENTON TEXAS DEFENDANT V JOHN T WEBBER AND ERIC S BARNES INTERVENORS, CAUSE NO 95-40737-362, AUTHORIZING PAYMENT OF $110,000 TO RPS VENTURES, INC , RAMNIK U RANA AND PUSHPA RANA AND THE PERFORMANCE OF OTHER TERMS AND CONDITIONS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the signature of the Mayor on the attached Settlement Agreement in the matters of John T Webber and Eric S ., RPG and RPS OL LC1 l.Vli lc++.uv �- ---- Intervenors, Cause No 95-40737-362, providing for the settlement and compromise of this litigation now pending before the parties in the 362nd District Court, Denton, Texas, including payment in the amount of One Hundred Ten Thousand Dollars ($110,000) to Plaintiffs RPS Ventures, Inc , Ramnik U Rana, and Pushpa Rana, in accordance with the attached Settlement Agreement, and the performance of the other terms and conditions of the said Settlement Agreement, in- cluding initiating a rezoning application for the property indi- cated in the Settlement Agreement, a copy of which is attached hereto and made a part of this ordinance for all purposes, is here- by ratified and approved The Mayor, or in his absence, the Mayor Pro Tem, is further hereby authorized to execute a Release of All Claims and all other documents necessary or required to implement the terms and spirit of the settlement agreement SECTION II. That the City Manager is hereby authorized to make the expenditure funds as indicated in the attached Settlement Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the at —day of 1996 JACK �LLER,MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY gdz/4T - Page 2 NO.95-40737-362 JOHN T WEBBER and § IN THE DISTRICT COURT ERIK S. BARNES, § _ - glaint�s. - § OF DENTON COUNTY„TEXAS v. § THE CITY OF DENTON„TEXAS, § § 362ND JUDICIAL DISTRICT Defendant § §c-. - RPS VENTURES, INC.,RAMNIKU - RANA and.PUSHPA RANA, § § 3621YD JUDICIAL DISTRICT Intervenors. NO.95-40737-362 RPS VENTURES, INC, RAMNIK. U. § IN THE DISTRICT COURT RANA and PUSHPA RANA, § Pla�nt�ffs, § § v THE CITY OF DENTON, TEXAS, § OF DENTON COUNTY, TEXAS Defendant; § § V. § JOHN T. WEBBER and § ERIK S. BARNES' § 362ND JiJDICLALDISTRICT Intervenors.. fv- a Case Yo. to the g irfs ¢ i 9 antes Court of texas Sz=jXMz AGRZMM to settle all clai and controversies between. Chas* asserted or as parties hereto agree -able Lac this• casr except G the consideration. co be given for this settlement is as followsS U.S. dollars, on ar before (a) sha1L receive the seta of arcieamrnynes stated. _, Which sus ��- w111 be paid by the Following P — on a. state and/or b"s co (b) shall exacuce a note pays Bar of Texas approved Eons With one following tom' (i) principal amount a maturity and % post maturity (Li) _% Luterest pro Maturity date (ili) note daCe, paymec terms -' (iv) (v) secured by which shall be evidenced by _,�--- 1 The aumbered case shall be resolved by The above styled and aagreed order o£ dismissal with m3udics with costs taxed to a.ap ra._ X' GC �r . (a) the trial judge+ bur may cot be abstracted or recorded any agreed judgment sball be sign by as the follwin& conditions are kept. or any collection =£fort made upon same so Long. discharge, and forever hold the other harmless Eros any and all or unknown, fixed or contingent, Liyuidacad or ua114uidated whether ns The parties agree to release+ actions /aims, demands or suits, known as u chls data, arising from or related to the events and trans at asserted La one above Cass, case except for she following* rich are the. subject Metter of. this + e eats, ®Ploys°°. officars, director, co chr benefit of all at , ag _ This mucus/ release data as well as £ Cltc-0ateies except amiss to cal' `g$e' oarsholdersrans Panne=-° release includas alL named P min „s arty" this parties except all related- ---------- entities o£ the hereto warrants aad represenra: whom that signatory acts. ach signatory, co bind the parties for awned by are toe subject =actor *�erece are rtoce. v(a) he or she has auchoritq rights and/or Lacerasts +high of �) the claims, suits, crtoataiz or s Lp d and ate �'�Q the party asserting same, hew not bse�assignad� ./{_wl,,.syv✓C C +{1 ')� -� parties by seetleIDane doonmenCa Co Cho other execution or ` The parties agree co cooperate with each other is Cho drafting and such addi� onal deanmedes as are reasonably requested or required to lmpLomene Cho terms and spirit of this agreement. IF one or more disputes agreement or any of arise with regard to chs Laterproeatton and/or performance of j its provisions, the parties agree to attempt to resolve same this by phone conference with A& mediator who facilitated this settlement. If Cho parties cannot resolve their differences ce phone conference, than each agrees to schedule one day of `ediation with Cho mediator within thirty odby days to Chat P4I the disputes and co share Cho costs of same equally. If a party refuses to mediate, then Chat Patty may not recover attorneys fees or costs in any Litigation brought to construe or enforce this agreement. Otherwise, if mediation is unsuccessful, Chan Cho prevailing Party rue partite shall be entitled co CaCOVer reasonable attorneys foes and or h unsuccessful mediation. expanses, including the coat of ctta 8. Other carets of this settlement are .S-62- 9 This agreement is made and Performable in Dallas (:Quntr Te with the Laws of Cho State of Texas xas and small.be eonetsved ut accordance to Each signatory to this settlement has entered into same froely and without durress after havin consulted with professionals of his or her choice. g Eat11 Party hereto has been advised by the `fediscor that the Mediator is not the attorney Ear any party and that each Parry agreement should have Chis reviewed by chat Party's attorney prior to executing same Signed this Zeday of 19-9 6 Plaintiffs q Qu/4ty0ecKR2lq Pproved Attorney for Plaintiffs. Defendants ApprovedA�tQtorney for Defends=: Approved Attorney for: The "subject property" made the basis of this Agreement is depicted in the area outlined in red and marked RPS on Exhibit 1 Neighbors affirmatively support rezoning and settlement Neighbors abandon previously awarded attorney's fees City abandon claim for existing mowing fees City waive rezoning & replatting fees City uses best efforts to assist RPS in marketing subject property by appointing as liaisons the following individuals Linda Ratliff, Economic Development Coordinator, Harry Hall, President of the Board of Directors of the Economic Development Corporation of Denton, Inc Subject Property shall be rezoned to provide for those uses provided in GR district, except that the following are added Mini -warehouses The following are deleted (see exhibit #2) All parties bear their own attorney's fees and costs, except that City will pay Weber & Barnes court costs and mediation fees No structure shall exceed 2 stories Access for all non-residential uses taken from I-35E frontage road, no direct motor vehicle access for such uses to and from Lindsey or Willowood streets Only residential uses on south tract are permitted motor vehicle access from Willowood No direct illumination of adjacent land which is zoned and used for single-family homes Stormwater runoff from any development on north tract shall drain north Drainage improvements constructed prior to development of south tract, in accordance with City ordinances Walls, fences & trees per City Code requirements City pays RPS $110,000 Mutual releases and dismissals with prejudice $ 35-77 AGgo OR ORX DESIGNATES h DESIGNATES1�S TYPE USE TYPE USE �p TYPE USX G all LMRARY(PUSLIC) x HEAVY MACHINERY SALES MONAETERYORCONVENT X TAU AND STORAGE NURSING HOME OR RBSI- O SOB PRINTING OR NSWSPA. DENCE HOME FOR AGED x ADTD WUNDRY X PRR PRIN'fDNO x AUTO PAINTING AND BODY PAW (COMMA& B BIRKpLAyGROUNDORPUB& X BSPAIN CtAL) CLAW ON&FAMIY DWELLING DS LIC coMMVNITYCBNTRR AUTO& AND RRpAIR(BN X MILK DEPOT. DAIRY OR ICE TACHED SCHOOL. PRNASs mumaY x BULDING) CREAM PLANT ON&FAMI.Y DWELLING AT. QRSECONDARY AUTO WRECKING OR SAL PAINT SHOP TACHED 9CHOOL.PVBLIC OROSNOM- X VAGR YARD PETROLEUM PItODUCTB ONSAAMQ.Y DWELLING R& X INATIONAL STONAGP—WROLFBALE STFUCTZD SCHOOL,BUBIIIAPB OR X NEW AIM PAR SALES t PLUMBING 8ROP TTTD.pAMgDWIRLLIN6 TRADE BTORBB SAND GRAVEL OR EAR1i1 MULTIPL&FAMILY DWBL4 D C SALES SAL SOR SIORAGS INOOSAPARTMENT \ SCIENTIFIC OR RFBBARCH OO 11-�\ COMMUNITY CENTER (PBX X SEAT COVER AND MUFFLER LABORATORIES OPMENT \ VATS) INSTALLATION SHOP STORAGE AND SALES OF DORGGIOIIY RETREADING OR CAP PURNIIVRBORAPPLXANCER PLANT PTIRE ING OUTSIDB A BUIDING I �! sTreaTATm USEDAUTOPARTSBALFS(IN STORAGE OR WARE- HOUSE C i TRAISR CMG' OR MOBILE ELECTRICAL BUDDING) L� sOTIN PARK H TRAILER RENTAL OR SALES is C FIELD OR CONSTRUCTION C ANTIQUE SHOP X TBAFmM STORAGE AND AEI GALLERY OR MUSEUM X Opines TrzuPORABY) BAN= OR CONFECTION X BAGGAGE TERMINAL X EBYSHOP0IETAIL) WHOLSBALE OFFICE AND CMWZWORMAUSOLZUM R CA86fsRIA X RAMPLE ROOM CHURCH OR RSCTDRY A8 TRMNSWBBION LIES CLEANING AND PRESSING L 00LLSORORUMVBRBH'YOlt X BMALLSHOP AND PICKUP X EXTRACTION ANI STORAGE PRIVATE SCHOOL HOME OCCUPATION X CUSTOMPER80NALSEIMC6 OF SAND 5fONE SHOP X BL GRAVEL CLAY ORORAVEL LTC) • G DRAPERY NEEDLEWORK OR X PETROLEUM OR GAL. WELL CORRFA7TGONALFACIIT®8 \ RNATR 1177L1TY SHOP OR IFBAVDNGSHOP pETROI.EUM COLLECTING DAY CAMP FLORIST OR GARDEN SHOP X OR STORAGE FACILITIES DAY NURSERY OR SINDB& X pUBUc BUILDING PLANT GREENHOUSE OR X MINING OR STORAGE OF GARTEN SCHOOL S NIIEBERYaWAW MINING WARM FRATERNITY SORORITY S O pBD HANDICRAFT SHOP X M ID006 OR CMC CLUB HOUSEHOLD APPLIANCE X X S.W.C. AND REPAIR AUNnMWgMdsIWMk=C X BRICK KILN OR TILE PLANT HOME FOR CARE OF AGO• SWHOTIN6 p00L(pRNATA) X 8 C MIMEOGRAPH STATIONERY CEMENT OR HYDRATED I=MANUFACTURE s0 C. N OR LETTER SHOP DUMP OR SANTTARY FILL HOSPITAL(GENERALACUTS X MORTUARY OR FUNERALA ]XX CARMTELEPHONE LINE AND E& PARLOR MIXING AND SALE Or CON- HOSPGTAL(CHRONICCARETLAY STATIONOFFICES. PROFESSIONALCRET6 ANDADMIIBTRATIVR DNS ITUTIONS OF REid• GIOUS OR PHI.ANTHROPIC X OPEN SALVAGE YARD FOR OFF PREMIM SALE Or X RAGS OR MACHINERY ETC NATURE BBARANWR WINB SMELTER OR REP[NERY Ota-+SS Oedutance ` —R Y v apphescon for a bull t B AND/OR WINE _ � I Supp No 5 Sup 5 I I upp No 5 Sopp• 0.5 s - -