2009-132s:\om documents\ordinances\09\jnc comp settlement & release of claims ord.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER, PURSUANT TO HIS
EXECUTIVE AUTHORITY, TO ACT UPON OPTIONS AND OBLIGATIONS ARISING
UNDER CERTAIN COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL
RELEASE OF CLAIMS, PREVIOUSLY APPROVED BY COUNCIL ON OCTOBER 21,
2008, INVOLVING THE CITY OF DENTON, TEXAS, JNC PARTNERS DENTON, LLC,
WHITE CAKE DENTON, L.P., JOHN LAU, AND CAMPBELL ROAD HOLDING
COMPANY AS PARTIES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the proposed Compromise Settlement
and Release of All Claims involving the City of Denton, Texas, JNC Partners Denton, LLC,
White Cake Denton, L.P., John Lau, and Campbell Road Holding Company, a copy of which is
attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or his designee, and the City's Attorneys are hereby
authorized to act on the City's behalf in approving and executing any and all documents
necessary or appropriate to effectuate the terms of the settlement, including the expenditure of
budgeted funds in the amount stated therein, and to take other actions necessary to finalize the
settlement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the -day of~ 2009.
M K K .B GH AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
2009
Kevin Kemplin, President
Bolivar Water Supply Corporation
310 N. 3rd St. ;(MAILING ADDRESS IS P.O. Box 1789)
Sanger, TX 76266
Mr. Kemplin,
As you know the City of Denton (the "City") currently provides retail water and sewer
services to its customers located in portions of the City's corporate limits and extraterritorial
jurisdiction, and within the boundaries of its water and sewer certificates of convenience of
necessity ("CCN") Nos. 10195 and 20072, respectively.
The City has recently annexed territory within the boundaries of Bolivar Water Supply
Corporation's water CCN No. 11257. Copies of the annexation ordinances and maps showing
the location of the annexed areas are enclosed.
Please be advised that the City intends to provide retail water utility service to this
annexed area. We look forward to discussing with you the terms of an agreement whereby the
City will extend its retail water service to this area.
Sincerely,
George C. Campbell
City Manager
Enclosure