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December 19, 2013 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 19, 2013 After determining that a quorum was present, the City Council convened in a Special Called Closed Meeting on Thursday, December 19, 2013 at 4:00 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Hawkins ABSENT: Council Member Roden 1. Closed Meeting A. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the James Perry Survey, Abstract No. 1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton, Denton County, Texas, and generally located along Western Boulevard between Airport Road and Jim Christal Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would 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, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. This item was not considered. Following the completion of the Special Called Closed Meeting, the City Council convened in a Special Called Meeting to consider the following item: Ordinance No. 2013-353 1.Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Termination Agreement (the “Agreement”) between Rayzor Investments, Ltd., a Texas Limited Partnership and Westpark Group, LP, a Texas Limited Partnership (collectively, the “Seller”) and the City of Denton, Texas (“Buyer”), terminating that contract dated effective April 19, 2011, City of Denton Ordinance No. 2011-063, relating to the sale and purchase of certain real property and real property interests located generally in the vicinity of Western Boulevard, between Airport Road and Jim Christal Road, Denton, Texas; and providing for an effective date. City Manager Campbell stated that this property was the potential site for the CHP project. The City had entered into a contract for the land rights necessary to complete an electric and natural City of Denton City Council Minutes December 19, 2013 Page 2 gas utility infrastructure project in April of 2011. The scope of the project had changed necessitating an alternative location, easements, and right of way. The contract needed to be terminated so Peterbilt could purchase the property for a major expansion. Council had discussed this proposal in an earlier Closed Session. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member King “aye”, Council Member Hawkins “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 at 4:08 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS