1996-217E ~WPDOCS\ORD\RPS
ORDINANCE NO q~ --~[7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND RATIFYING
THE MAYOR'S EXECUTION OF A SETTLEMENT AGREEMENT, AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH
AGREEMENT IN THE MATTER OF JOHN T WEBBER AND ERIC S BARNES,
PLAINTIFFS V CITY OF DENTON, TEXAS, DEFENDANT V RPS VE~'ro~ES,
INC , RAMNIK U RANAAND PUSHPARANA, INT~RVENORS AND RPS VENTurES
INC , RAMNIK U RANAAND PUSHPA RANA, PLAINTIFFS V CITY OF DENTON,
TEXAS, DEFENDANT V JOHN T WEBBER AND ERIC S BARNES, INTERVENORS,
CAUSE NO 95-40737-362, AUTHORIZING PAYMENT OF $110,000 TO RPS
VENTURES, INC , RAMNIK U RANA AND PUSHPA RANA AND THE PERFORMANCE
OF OTHER TERMS AND CONDITIONS, AND DECLARING AN EFFECTIVE DATE
THE COUMCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the signature of the Mayor on the attached
Settlement Agreement in the matters of John T Webber and Eric S
Barnes, Plaintiffs v City of Denton, Texas, Defendant v RPS,
Ventures, Inc , Ramnzk U Rana and Pushpa Rana, Intervenors and RP:~
Ventures, INC Ramnzk U Rana and PushDa Rana, Plazntmffs v City
of Denton, Texas, Defendant v John T Webber and Eric S Barnes,
Intervenors, Cause No 95-40737-362, providing for the settlemenl
and compromzse of thzs lltzgatlon now pending before the parties in
the 362nd District Court, Denton, Texas, lncludzng payment in the
amount of One Hundred Ten Thousand Dollars ($110,000) to Plaintiffs
RPS Ventures, Inc , Ramnlk U Rana, and Pushpa Rana, in accordance
with the attached Settlement Agreement, and the performance of the
other terms and condltzons of the said Settlement Agreement, in-
cluding lnztlatlng a rezonlng application for the property indI-
cated in the Settlement Agreement, a copy of which is attached
hereto and made a part of this ordinance for all purposes, is here-
by ratmfled and approved The Mayor, or in his absence, the Mayor
Pro Tem, ls further hereby authorized to execute a Release of All
Claims and all other documents necessary or required to implement
the terms and spirit of the settlement agreement
SECTION II That the City Manager is hereby authorized to
make the expendmture funds as zndzcated in the attached Settlement
Agreement
SECTION III That this ordznance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the~day of~1996
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
NO. 95.4073%362
$O1~ T WEBBER and § IN ~ DISTRICT COURT
ERIK S- BAll'S, § ,., ,~ ~,-
Defendant
v.
NO. 9540~7-36Z
~S ~N~S, ~C, ~U. ~ ~ ~ DIS~CT CO~T
~A and PUS~ ~A,
Plam~,
T~ CI~ OF D~ON, ~,
Defendang
v.
JO~ T. ~BBER ~d
~te~enom- ~ 362~ ~I~DIS~CT
and/or shall e~.ecuce~ 3. ~toce pa~ab~.e co
. ~cipaL ~C
-- ~ ~cu~ dace
(iv) ~pa~nc ca~s
(v) secured by ~ ~ic~ $~1 be evid~Ced b~ ~
d ~eced c~ ~ba~l be ceso~v~ b7 c~d co ~ ~ ~ ~ ~ ~
(a) ~ a~eed or,er o~ di~ .... ~ ~
(c) a~ a~ed j~C s~LL ~e s~ ~ C~ c~ ~d~e, ~c ~ay ~oc ~e abs~ced o~
~ o~ ~U coLl~cc$~ e~go~ ~d~ upon s~ so Lo~ as c~e ~o~1~ con~Cio~ ~ce ~c-
d~ds o~ ~Z~S, ~ or ~, g~ or cauc~c, ~i~Cad or ~12~~c~ ~e~ec o~
7 ~ one o~ ~e d~ces a~a ~c~ ~agar~ co
p~one con,cease, ch~ ~ ~Ms ca ~u~e one d~ oE
~cb c~e Laws o~ Che State o~
Pla~nc~s
Oefen~cs
pproved ACCo~e~ ~o~
_ /~-' -
The "sub3ect property" made the basis of this Agreement is depicted
in the area outlined in red and marked RPS on Exhibit 1
Neighbors affirmatively support rezonlng and settlement
Neighbors abandon previously awarded attorney's fees
City abandon claim for existing mowing fees
City waive rezonlng & replattlng fees
City uses best efforts to assist RPS in marketing subject property
by appointing as liaisons the following individuals Llnda Ratllff,
Economic Development Coordinator, Harry Hall, President of the
Board of Directors of the Economic Development Corporation of
Denton, Inc
Subject Property shall be rezoned to provide for those uses
provided in GR district, except that the following are added
Mini-warehouses
The followIng are deleted (see exhibit ~2)
Ail parties bear their own attorney's fees and costs, except that
City w~ll pay Weber & Barnes court costs and mediation fees
No structure shall exceed 2 stories
Access for all non-residential uses taken from 1-35E frontage road,
no direct motor vehicle access for such uses to and from LlndSey or
Wlllowood streets
Only residential uses on south tract are permitted motor vehicle
access from Wlllowood
No direct illumination of adjacent land which is zoned and used for
single-family homes
Stormwater runoff from any development on north tract shall drain
north
Drainage improvements constructed prior to development of south
tract, in accordance with City ordinances
Walls, fences & trees per City Code requirements
City pays RPS $110,000
Mutual releases and dismissals with prejudice
35-77
(]It
(O~ No 69-1, ~ I(~1, (
I, 1-25-72, Ord ~o ~ 76
Ord No 77-31, ~ L32,
No 7~41, t 1, 8-15-'I, 1
8~55, ~ I, 5-1-84, ~-85
~ 1, 12-3~5, ~d ~
II, ~19-88, O~ No)rd
2-5-91, Ord No 91~
yABD
Supp No 5 No 5 N~5
§ 35-77
(
h DES~NA~
~ ~ ~R WI, E ~ . ~ app~Uon for a b~
Supp No 5 No 5