File #: 4778    Version: 1 Name:
Type: Resolution Status: Passed
File created: 5/6/2020 In control: City Council
On agenda: 5/12/2020 Final action: 5/12/2020
Title: Consider A Resolution Authorizing The City Manager To Enter Into A Settlement Agreement In The Lawsuit Styled LRF1 Dallas Logistics 1 LLC And 1533 Crescent LLC V. City Of Carrollton, Et Al (Cause No. DC-19-09123) Providing Terms For Two Special Use Permits, For Consideration By The City Council, And Waiver Of All SUP Application Fees, And Other Fees In An Amount Not To Exceed $110,000.00.
Attachments: 1. lrf resolution

CC MEETING: May 12, 2020

 

DATE: May 6, 2020

 

TO: Erin Rinehart, City Manager

 

FROM: Meredith Ladd, City Attorney

 

Title

Consider A Resolution Authorizing The City Manager To Enter Into A Settlement Agreement In The Lawsuit Styled LRF1 Dallas Logistics 1 LLC And 1533 Crescent LLC V. City Of Carrollton, Et Al (Cause No. DC-19-09123) Providing Terms For Two Special Use Permits, For Consideration By The City Council, And Waiver Of All SUP Application Fees, And Other Fees In An Amount Not To Exceed $110,000.00.

 

Body

BACKGROUND:

LRF1 Dallas Logistics 1 LLC and 1533 Crescent LLC (“Plaintiffs”) filed a lawsuit against the City seeking a declaration from the Court that Ord. 3891 was unenforceable, that the City allegedly failed to comply with certain notice requirements and in the alternative, seeking a declaration that even if Ord. 3891 was enforceable, it did not apply to Longpoint. The City and Plaintiffs reached a proposed settlement after trial of the claims by 1533 Crescent LLC.

 

FINANCIAL IMPLICATIONS:

The City will waive all application fees in connection with the SUP applications for the Longpoint Project and Crescent Tract.  The City will waive all other fees for applications, inspections and permits of the Longpoint Project and Crescent Tract, as applicable, up to a combined total of $110,000.00 for both Plaintiffs (not each Plaintiff separately). 

 

STAFF RECOMMENDATION/ACTION DESIRED:

Staff recommends adoption of the resolution authorizing the City Manager to enter into a settlement agreement.