1998-172AN ORDINANCE AUTHORIZING THE RETENTION OF TERRY MORGAN &
ASSOCIATES (MORGAN) TO PROVIDE A DEFENSE FOR THE CITY OF DENTON
ZONING BOARD OF ADJUSTMENT (ZBA) AND SUCH OTHER LEGAL SUPPORT
REQUIRED BY THE CITY OF DENTON IN CAUSE NO 98-10388-16 IN WHICH THE
PLAINTIFFS ARE EDWARD SOPH, CAROL SOPH, DALE BRANUM, CITIZENS FOR
HEALTHY GROWTH, AND JOYCE A POOLE, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, a document entitled "Petition for Writ of Certiorari" was filed on June 1,
1998 wtth the 16th D~stnct Cout~ m Cause No 98-10388-16 styled Edward Seth. Carol Sonh.
Dale Br~num C~t~zens for Healthy Growth vs the C~ty of Demon Zoning Board of Adlustmem,
and
WHEREAS, the allegations ~n such petition relate to the ZBA upholding the decision of
the C~ty's Director of Planning and Developmem regarding, but not limited to, the issuance of a
building permit to Umted Copper for the construction of a rod mill In an area zoned for Light
Industrial uses, and
WHEREAS, Morgan prowded the legal support to the ZBA ~n conducting the heanng
appeahn8 the admm~strat,ve decision of Dave Hill and such firm is under contract with the City
to provide legal support to the C~ty m matters relating to planning and zoning matters, and
WHEREAS, the C~ty and Morgan desire to amend their existing contract to prey,de the
legal serv, ces needed by the ZBA and the C,ty m prepanng a defense to the allegations rinsed in
the matters referenced above, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the contract between the C~ty of Denton and Terry Morgan &
Associates ~s hereby amended to prowde legal services necessary to prepare a defense for the
C,ty of Denton Zoning Board of Adjustmem and such other legal support needed by the C~ty of
Denton m Cause No 98-10388-16 m which the Plaintiffs are Edward Soph, Carol Soph, Dale
Branum, Cmzens for Healthy Growth, and Joyce Peele
~ That the C~ty Manager or h~s designee is authorized to execute the
amendment to the above contract necessary to effectuate ttus retention and the legal expenses
authorized hereto shall be paid from the City's R~sk Fund
~ That th~s ordinance shall take effect ~mmedmtely upon its passage and
approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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