Loading...
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