1994-116j:\wpdocs\reso\cohagen.res
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE RETENTION OF COUNSEL TO REPRESENT THE
CITY IN PENDING LITIGATION STYLED COHAGEN. ET AL V. CITY OF DENTON;
AUTHORIZING THE FILING OF A COUNTERCLAIM FOR ATTORNEY'S FEES;
AFFIRMING PRIOR ACTIONS OF THE CITY MANAGER AND HIS DESIGNEES
RELATING TO THE LEASE OF PROPERTY BY THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City entered into a lease with Joan Cohagen,
Rickye Coleman and Patricia Pennington for the lease of certain
real property in December, 1992; and
WHEREAS, on July 26, 1993, the City Manager, acting through
his designee, gave notice of termination of the lease of certain
property located at 324 E. McKinney Street; and
WHEREAS, in June, 1994, the Lessor filed suit against the
City, alleging that the lease had not been properly terminated;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the retention of the law firm of Wolfe, Clark
and Henderson to represent the City in the above-referenced
litigation is hereby authorized, as is the expenditure of funds
related to said retention of counsel.
SECTION IT. That counsel is hereby authorized to file a
counterclaim against plaintiffs in the above-referenced action for
attorney's fees and such other damages as appropriate.
SECTION III. That the Council hereby affirms and confirms the
notice of termination of the above-referenced lease by the City
Manager's designee, given July 26, 1993, effective as of April 30,
1994.
SECTION IV That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the =day of ~I 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: L~(~L
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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