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Denton County Commissioners Court |
Not Official Minutes. For official minutes, please contact the County Clerk at 940-349-2012. |
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Be it remembered, Commissioners Court of Denton County, Texas was called to order for a Special Meeting on the 5th day of January, 2004, at 11:10 a.m. in the Denton County Pre-Trial Facility, 1406 Troy H. LaGrone Drive, Denton, Texas by County Judge Mary Horn. Commissioners Sandy Jacobs, Jim Carter, Bobbie J. Mitchell and Cynthia White were present along with County Clerk Cynthia Mitchell’s representative, Deputy Clerk Kathleen Bransford.
ITEM 1 LEGAL
1.C) Consideration and action as may be appropriate regarding approval of an attorney fee arrangement with Steven Henry and the law firm if Gardere, Wynne, Sewell, LLP in DENTON COUNTY, TEXAS v. PHILLIPS SWAGER & ASSOCIATES, INC., HUBER, HUNT & NICHOLS, INC., a/k/a HUNT CONSTRUCTION GROUP, INC. AND R.C. SMALL & ASSOCIATES, INC., Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas. DA/Civil Division
1.C) Move to approve of the attorney fee agreement with the law firm of Gardere, Wynne, and Sewell, L.L.P., for representation of Denton County, Texas, in Cause No. 2001-40738-362, Denton County, Texas v. Phillips Swager and Associates, Inc., et al which provides as follows:
1. Gardere will be paid for their attorney services at a discounted rate of $225.00 per hour
2. Denton County will pay all costs, and expenses, excluding legal feees, incurred in the prosecution of the case
3. Gardere will track its billings at its standard hourly rates. In the event that Denton County recovers from the Defendants an amount in excess of its costs of repair to the Courthouse and other costs and litigation expenses, Gardere shall be paid for attorney hours worked at its standard hourly rates rather than the discounted hourly rate. If there is no excess amount collected from Defendants, Denton County will have no liability for any attorney fees in excess of the discounted rate of $225.00 per hour by Comm. Jacobs, seconded by Comm. White.
Motion Carried 5-0-0
Court Order 04-0001
ITEM 2 EXECUTIVE SESSION
Court Convened in Executive Session 11:12 a.m.
Court Reconvened in Formal Session 12:08 a.m.
2.A) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071(1)(A); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, in Probate Court of Denton County, Texas. DA/Civil Division
NO ACTION
2.B) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071(1)(A); DENTON COUNTY, TEXAS v. PHILLIPS SWAGERS & ASSOCIATES, INC., HUBER, HUNT & NICHOLS, INC., a/k/a HUNT CONSTRUCTION GROUP, IN.C AND R.C. SMALL ASSOCIATES, INC., Cause No. 2001-40738-362, pending in the 362nd District Court of Denton County, Texas. DA/Civil Division.
Move to approve of the mediated settlement agreement in Cause No. 2001-40783-362, Denton County, Texas v. Phillips Swager and Associates, Inc., et al which provides that Denton County will be paid $3,300,000.00 by eight of the nine defendants; that the settling defendants shall be released from any further liability to Denton County; and that the County Judge is authorized to sign the mediated settlement agreement; provided, however, that the litigation shall continue against the one non-settling defendant, Thornton Thomasetti by Comm. Jacobs, seconded by Comm. Carter.
Motion Carried 4-0-0 (White absent)
Court Order 04-0002
ITEM 3 ADJOURNMENT 12:10 a.m.
This set of minutes prepared by Deputy Clerk Kathleen Bransford and reviewed by County Clerk Cynthia Mitchell.