AGENDA
CITY OF DENTON CITY COUNCIL
August 20, 2013


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 20, 2013 at 03:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

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WORK SESSION

1. Citizen Comments on Consent Agenda Items

This section of the agenda allows citizens to speak on Consent Agenda Items only.  Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.  A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.

2. Requests for clarification of agenda items listed on the agenda for August 20, 2013.

3. Receive a report and hold a discussion, and give staff direction regarding various professional services agreements between the City of Denton and Graham Associates, Inc. and Freese and Nichols relating to the widening and improvements to Bonnie Brae Street, Vintage Boulevard, and Mayhill Road.



4. Receive a report, hold a discussion and give staff direction regarding economic development strategies.

Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.

A. Closed Meeting:

A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, the M.E.P. & P.R.R. Survey, Abstract 1473, the R.B. Longbottom Survey, Abstract Number 775, the Caswell Carter Survey, Abstract Number 275, the Daniel D. Gulp Survey, Abstract 287, and the M. Yoacham Survey, Abstract 1442, City of Denton, Denton County, Texas, and generally located north of McKinney Street, east along Paisley Street, and north following Loop 288. Consultation  with  the  City’s attorneys  regarding  legal issues associated  with the potential  acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys  to the City of Denton  and the Denton  City  Council  under· the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of South Bonnie Brae Street, the property interests being within an unincorporated area of Denton County, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

3. Discuss, deliberate, and receive further information regarding the purchase of certain real property interests located in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and generally located at the south east corner of Loop 288 and Locust Street. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Receive competitive public power information and competitive financial information from staff regarding plans and strategies involved with the Energy Management Division proposed for Denton Municipal Electric ("DME") regarding electric power marketing analyses and strategies.  Consultation with the City’s attorneys regarding legal issues associated with the same, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

2. Receive competitive public power information and financial information from staff regarding approval of the Genscape, Inc., a Delaware Corporation, "Master License and Services Agreement (North America)," being a three-year agreement, and being a sole-source acquisition which is exempt from the requirements of competitive bidding under the provisions of Section 252.022, Texas Local Government Code, for software relating to bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services for purposes of supporting the Energy Management Division of DME; discuss, deliberate, provide staff with direction, consider and take final action regarding said Agreement.  Consultation with the City’s attorneys regarding legal issues associated with the above acquisition where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

D. Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Receive a report and hold a discussion with City’s attorneys regarding the City of Denton Sign Ordinance.

E. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.

ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:



1. PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. Women’s Right to Vote Week

2. Live United Month

3. 2013 Miss Texas

4. Mean Green Pride Fridays

3. CITIZEN REPORTS

4. CONSENT AGENDA

Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes.

Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - U). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - U below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda.

A. Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.

B. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L70G Wheel Loader for the City of Denton Water Distribution Department as awarded by the State of Texas (Contract TXMAS-13-23V010); providing for the expenditure of funds therefor; and providing an effective date (File 5327-Wheel Loader for Water Distribution Department awarded to Romco Equipment Company in the amount of $143,580). The Public Utilities Board recommends approval (5-0).

C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377 in an amount not-to-exceed $557,402; providing for the expenditure of funds therefor; and providing an effective date (File 5328-awarded to Graham Associates, Inc.).

D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for preliminary design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from Interstate Highway 35 East to north of Scripture Road in an amount not-to-exceed $292,575.68; providing for the expenditure of funds therefor; and providing an effective date (File 5329-awarded to Graham Associates, Inc.).

E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from north of Scripture Road to U.S. Highway 380 in an amount not-to-exceed $831,196.50; providing for the expenditure of funds therefor; and providing an effective date (File 5330-awarded to Graham Associates, Inc.).

F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for design and engineering services with Graham Associates, Inc. relating to the widening of Vintage Boulevard from Bonnie Brae Road west to Interstate Highway 35 West in an amount not-to-exceed $331,565; providing for the expenditure of funds therefor; and providing an effective date (File 5331-awarded to Graham Associates, Inc.).

G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Second Amendment to a Professional Services Agreement for Engineering and Design Services relating to the Mayhill Road widening and Improvements Project, by and between Freese and Nichols, Inc. and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (File 4511-providing for an additional expenditure amount not-to-exceed $488,835 with the total contract amount not-to-exceed $5,040,742).

H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Resolved Energy Consulting, LLC, for Utility Consulting Services for Denton Municipal Electric for a three (3) year period, in an amount not-to-exceed $520,000; authorizing the expenditure of funds therefor; and providing an effective date (File 5332 awarded to Resolved Energy Consulting, LLC).  The Public Utilities Board recommends approval (5-0).

I. Consider adoption of an ordinance by the City of Denton Texas, authorizing the City Manager to execute the Second Amendment to professional and personal services agreement with AR/WS Texas, LP, for further services regarding the procurement and delivery of land rights for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project; authorizing the expenditure of additional funds therefor in an amount not-to-exceed $191,800; and providing an effective date (File 4744-AR/WS Texas, LP aggregating an amount not-to-exceed $637,200). The Public Utilities Board recommends approval (5-0).

J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for architectural and design services with Kirkpatrick Architecture Studio for the design of Fire Station 2 to be located at 3311 East McKinney Street, Denton, Texas in an amount not-to-exceed $555,500; providing for the expenditure of funds therefor; and providing an effective date (File 5334-awarded to Kirkpatrick Architecture Studio).

K. Consider approval of a resolution repealing Resolution No. R2006-014 which established a Public Art Policy for the City of Denton, and establishing a revised Public Art Policy for the City of Denton, Texas; and providing for an effective date.

L. Consider adoption of an ordinance amending Chapter 22 "Parks and Recreation", of the Code of Ordinances, City of Denton, Texas by amending Section 22-4, "Duties" to provide that the Board shall have the duty to make recommendations to the City Council and the Parks and Recreation director regarding policy matters related to public art; amending Section 22-6, to provide for a City Council appointed nine-member Public Art Committee to serve as an advisory board to the City Council; repealing Ordinance No. 2006-105; and providing an effective date.

M. Consider approval of a resolution of the City Council of the City of Denton, Texas receiving and accepting the City of Denton, Texas Master Drainage Study of the Downtown Implementation plan (?"DTIP") and the Tax Increment Finance Districts ("TIF") - 2013, conducted by Teague Nall and Perkins, Inc. and HALFF Associates, Inc; and providing an effective date.

N. Consider approval of a resolution allowing Corey Pond, of The Common Table, to be the sole participant allowed to sell alcoholic beverages at the Canned Festival, to be held in Williams Trade Square (parking area bordered by E. Hickory and Mulberry Streets; east of Wells Fargo Bank; and west of 210 E. Hickory), on October 5, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.  Staff recommends approval.

O. Consider a request for an exception to the Noise Ordinance for the purpose of the Canned Festival sponsored by Spune Productions. The event will be held on City property, Williams Trade Square, on Saturday, October 5 from 2 p.m. to 10 p.m.  The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval of request.

P. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a new event, Friends with Benefits Concert. The concert will be located at 1209 W. Hickory Street, beginning at 11:30 a.m. and concluding at 10:00 p.m. on Sunday, September 1, 2013. This request is for amplified sound and an increase in decibels from 70 to 75. Staff recommends approval of request.

Q. Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $115,000,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date.

R. Consider a request for an exception to the Noise Ordinance for the purpose of the 15th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 21, 2013, from 1:00 p.m. to 10:30 p.m. and Sunday, September 22, 2013, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and for amplified sound on Sunday, and an increase in sound levels from 70 to 75 decibels.

S. Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 21-22, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0).

T. Consider approval of a resolution of the City of Denton, Texas, supporting Proposition 6 on the November 2013 Texas Constitutional Amendment Election called by the State of Texas, relating to water infrastructure funding.

U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute and Oil and Gas Lease (the "Lease") between the City of Denton, Texas, as Lessor and Eagleridge Energy, LLC, as Lessee, as attached to the ordinance and made a part thereof as Exhibit "A", said lease providing for a twelve (12) month primary term and other terms and provisions as described therein, and leasing approximately 10.0513 acres of real property, located in the Eugene Puchalski Survey, Abstract No. 996, and located approximately along the 3100 block of West Prairie Street, providing findings; and providing an effective date. (Old Armory Tract Lease)

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider nominations/appointments to the City’s Economic Development Partnership Board.

B. Consider nominations/appointments to the City’s Boards & Commissions.

1. Airport Advisory Board

2. Community Development Advisory Committee

3. Health & Building Standards Commission

4. Historic Landmark Commission

5. Human Services Advisory Committee

6. Library Board

7. Parks, Recreation and Beautification Board

8. Public Art Committee

9. Public Utilities Board

10. Traffic Safety Commission

11. Zoning Board of Adjustment

6. PUBLIC HEARINGS

A. Hold a public hearing and receive citizen input on the FY 2013-14 Proposed Budget.

B. Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate.

C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning request of Industrial Center General (IC-G) for approximately 6.88 acres of land, generally located approximately 1,250 feet south of the McKinney Street and Grissom Road intersection, legally described as Lot 1, Block 1 of the Lake Dallas Storage Addition; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6-0).

D. Hold a public hearing and consider approval of the alignment of the Northeast Transmission Line Rebuild Project as requested by the Haisler family, property owners of the 53 acre tract located at the southeast corner of Loop 288 and Locust Street, City of Denton, Denton County, Texas.  The Public Utilities Board recommends approval (5-0).

7. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

A. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of a 0.5103 acre tract of land to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 1473, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 19P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

B. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.1739 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 20P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

C. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 3.5624 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 21P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4-0).

D. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.0203 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 927, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 22P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4-0).

E. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 2.9001 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 26P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

F. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.1911 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 28P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

G. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.8652 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 29P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

H. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 6.8289 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the Caswell Carter Survey, Abstract Number 275, and the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B",  attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 33P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

I. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.8052 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the Daniel D. Gulp Survey, Abstract 287, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 35P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (4-0).

J. Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain an Electric Utility Easement encumbering a 0.0560 acre tract to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "DME Expansion Project"), the affected lands and interests being generally situated in the M. Yoacham Survey, Abstract 1442, City of Denton, Denton County Texas, as more particularly described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof (said tract of land and all related interests therein to be acquired and damages resulting therefrom collectively referred to herein as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel 48P - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) The Public Utilities Board recommends approval (5-0).

8. CITIZEN REPORTS

9. CONCLUDING ITEMS

A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.

B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

5. Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.



C E R T I F I C A T E

I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

NOTE:      THE CITYOF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.