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