December 11, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 11, 2009
After determining in Open Session that a quorum was present, the City Council convened in a
Closed Session on Friday, December 11, 2009 at 11:00 a.m. in the Council Work Session Room
at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp; Council Member Engelbrecht, Council
Member Gregory, Council Member Mulroy, and Council Member Watts.
ABSENT: Council Member Heggins
1. Closed Meeting
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorney - Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the grant of property within the Denton Rail Corridor
to the DART or DCTA, the limits of said corridor being all that certain lot,
tract or parcel of land described in that certain Quitclaim Deed from
Missouri Pacific Railroad Company to the City of Denton, Texas dated
August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in
the Real Property Records of Denton County, Texas; and also being that
same property described in that certain Correction Quitclaim Deed, dated
June 1, 2001 and filed for record in the Real Property Records of Denton
County, Texas as Volume 4857, Page 020211 where such deliberation in an
open meeting would have a detrimental effect on the position of the City
Council in negotiations with DART or DCTA. Consultation with the City’s
attorneys regarding legal issues associated with the granting of said property
above described where a public discussion of these legal matters would
clearly conflict with the duty of the City’s attorneys to the City of Denton
and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
Following the completion of the Closed Meeting, the Council considered the following in a
Special Called Open Session.
1. PUBLIC HEARING
A. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail
Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority
(DART) for the purposes of reactivation of a rail line between Denton and
Carrollton and consideration of an ordinance granting approval for the sale and
transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to
Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter
26 of the Texas Parks and Wildlife Code; and providing an effective date.
The Mayor opened the public hearing.
City of Denton City Council Minutes
December 11, 2009
Page 2
Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to continue the public
hearing to the December 15, 2009 City Council meeting. On roll call vote, Council Member
Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
2.ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute a Contract of Sale by and between the City of Denton,
Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring
the Denton Rail Corridor, consisting of those lands described in that certain
Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected
by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-
R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June
28, 2001, County Clerk File No. 2001-R0076013, all recording references to the
Real Property Records of Denton, Texas.
This item was not considered.
Item C was considered.
Ordinance No. 2009-309
C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute an Agreement to Extend Rail Reactivation between the
City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority
("DART") extending the period of notice of repurchase, as provided by DART to
the City, of lands described in that certain Quitclaim, dated August 9, 1993, County
Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated
June 1, 2001, County Clerk File No. 2001-R0057561, and corrected by Correction
to Correction Quitclaim Deed, dated June 28, 2001, County Clerk file No. 2001-
R0076013, all recording references to the Real Property Records of Denton County,
Texas"
Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
Ordinance No. 209-308
B. Consider adoption of an ordinance of the City of Denton, Texas, expanding and
extending the term of a right of entry and possession, dated March 3, 2009, as
extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended
and expanded on September 1, 2009, as extended on September 15, 2009, and as
extended and expanded on September 22, 2009 and as extended on November 3,
2009 (as amended and extended, the "Right of Entry") in favor of the Denton
County Transportation Authority (DCTA) and authorizing DCTA to enter upon and
City of Denton City Council Minutes
December 11, 2009
Page 3
take possession of certain real property of the City of Denton for the purpose of
performing activity as described in the Right of Entry; and providing and effective
date.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
With no further business, the meeting was adjourned.
__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS