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21-496ORDINANCE NO. 21-496 AN ORDINANCE AUTHORIZING EXPENDITURE OF AN ADDITIONAL $100,000.00 1N PREVIOUSLY BUDGETED FUNDS FOR OUTSIDE COUNSEL AND OTHER TRLAL EXPENSES IN THE LITIGATION STYLED “ CITY OF DENTON r. ROBERT P DONNELLY,” PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has previously budgeted a risk retention fund, providing for the City’s defense in litigation; and WHEREAS, the responsible and careful management of such resources calls for the City Council to periodically review and authorize incremental funding of a purchase order to fUnd the ongoing expenses of litigation, as measured against alternative measures to resolve the dispute; and WHEREAS, all previous efforts to resolve the dispute have failed and resulted in an impasse, leaving the litigants to face an imminent trial setting which the Court has continued due to COVID- 19; and WHEREAS, it is therefore necessary to estimate the reasonably anticipated costs of litigation through trial, and to authorize supplemental funding of this purchase order in anticipation of the uncertain and indefinite costs of litigation, in order to assure that such expenses can be timely paid; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the expenditure of an additional $100,000.00 in previously budgeted funds for outside counsel and trial expenses in litigation styled “ City of Denton v. Robert P. Donnelly ,“ pending in the Denton County Probate Court, Denton County, Texas. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by leHQ Qu IS and seconded by Bi(Dia 30hr\SOn , the ordinance was passed and approved by the following vote n - H: Aye Nay Abstain Absent Mayor Gerard Hudspeth:V‘ V/ \// V‘ Birdia Johnson, District 1 : Connie Baker, District 2: Jesse Davis, District 3 : Page 1 of 2 John Ryan, District 4: Deb Arrnintor, At Large Place 5 :Ar Paul Meltzer, At Large Place 6:~./ PASSED AND APPROVED this, the lbW day of fYlde/ N , 2021. mmniM ATTEST: ROSA RIOS, CITY SECRETARY L\11111111 F DE i+ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: Page 2 of 2