June 23, 2009 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
June 23, 2009
After determining that a quorum was present, the City Council convened in a Special Called
Closed Meeting on Tuesday, June 23, 2009 at 1:00 p.m. in the City Council Work Session Room
at City Hall.
PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht,
Gregory, Heggins, and Watts.
ABSENT: Council Member Mulroy
Council convened in a Closed Meeting at 1:03 p.m. to consider the following:
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. Discussed, deliberated and received information from staff and provided
staff with direction pertaining to the grant of an easement for the
construction, maintenance and operation of a rail line within the Denton
Rail Corridor to the Denton County Transportation Authority (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 DCTA. Consultation with the City’s attorneys regarding
legal issues associated with the granting of said easement 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 convened in Open Session at 1:30
p.m. to consider the following:
1.Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing and directing the City Manager to execute an amendment to expand the scope of
activities and extend the term of a right of entry and possession, dated March 3, 2009, and
extended on May 5, 2009, in favor of the Denton County Transportation Authority (DCTA) and
authorizing DCTA to enter upon and take possession of certain real property of the City of
Denton for the purpose of performing activity as described in Attachment “A” hereto; and
providing an effective date.
Howard Martin, Assistant City Manager, stated that the proposed ordinance would extend the
right of entry until September 8, 2009. It also expanded the scope of work for the right of entry
City of Denton City Council Minutes
June 23, 2009
Page 2
for Phase I of the project. Phase I included Hickory Street to Shady Oaks. The ordinance also
included a provision that all applicable permits must be secured in order to proceed with the
operations on the property.
Due to the size of the project, the inspection fee would be lowered from the usual 3.5% to 2.5%
on public improvements maintained by the City of Denton.
The following ordinance was considered:
NO. 2009-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
EXPAND THE SCOPE OF ACTIVITIES AND EXTEND THE TERM OF A RIGHT
OF ENTRY AND POSSESSION, DATED MARCH 3, 2009, AND EXTENDED ON
MAY 5, 2009, IN FAVOR OF THE DENTON COUNTY TRANSPORTATION
AUTHORITY (DCTA) AND AUTHORIZING DCTA TO ENTER UPON AND TAKE
POSSESSION OF CERTAIN REAL PROPERTY OF THE CITY OF DENTON FOR
THE PURPOSE OF PERFORMING ACTIVITY AS DESCRIBED IN ATTACHMENT
“A” HERETO; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Heggins seconded to adopt the ordinance and accompanying attachments. On
roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Watts “aye”, and
Mayor Burroughs “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 1:40 p.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS