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May 13, 2008 MinutesCITY OF DENTON CITY COUNCIL MINUTES May 13, 2008 After determining that a quorum was present, the City Council convened in Special Called Closed Meeting on Tuesday, May 13, 2008 at 3:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider the items listed below. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Received, considered and held a discussion related to a briefing from City's Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. 2. Considered and discussed litigation styled Tower v. City of Denton, Civil Action No. 4:05cv302, currently pending in the U.S. District Court, Eastern District, Sherman Division. Following the completion of the Closed Session, the Council convened in Open Session to consider the following: 1. The Council considered adoption of an ordinance of the City of Denton, Texas approving a compromise settlement agreement in pending litigation styled Cary Tower v. City of Denton, Texas, Civil Action No.4:05-cv-302, filed in the United States District Court, Eastern District of Texas, Sherman Division; authorizing the City Manager and the City's attorneys to act on the city's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. The following ordinance was considered: N0.2008-1 O l AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A COMPROMISE SETTLEMENT AGREEMENT IN PENDING LITIGATION STYLED CARP TOWER V. CITY OF DENTON, TEXAS, CIVIL ACTION N0. 4:05-CV-302, FILED IN THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF TEXAS, SHERMAN DIVISION; AUTHORIZING THE CITY MANAGER AND THE CITY'S ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes May 13, 2008 Page 2 Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas calling a public hearing of the Denton City Council on land use assumptions, water and wastewater capital improvements plans, and a proposed amendment to impact fees related to the possible adoption of amended water and wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. The following ordinance was considered: N0.2008-102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING OF THE DENTON CITY COUNCIL ON LAND USE ASSUMPTIONS, WATER AND WASTEWATER CAPITAL IMPROVEMENTS PLANS, AND A PROPOSED AMENDMENT TO IMPACT FEES RELATED TO THE POSSIBLE ADOPTION OF AMENDED WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNei11 "aye". Motion carried unanimously. 3. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Heggins motioned, Kamp seconded to terminate the city's agreements with Biodiesel Industries and authorize the city's attorneys, including outside counsel, to pursue any and all remedies available to the city through litigation or otherwise. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimously. Watts motioned, Mulroy seconded that the tolling agreement between the city and JNC be extended to August 18, 2008. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor McNeill "aye". Motion carried unanimous y. With no further business, the meeting was adj ourned at 4:29 p.m. City of Denton City Council Minutes May 13, 2008 Page 3 PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS