A. ID 14-0193 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located northwest corner of State Highway Loop 288 and Audra Lane. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P26 - Geesling Gassaway County, Inc.) [ID 14-0195]
B. ID 14-0196 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located on the west line of North Loop 288, north of US Highway 380 (University Drive). Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) [ID 14-0197]
C. ID 14-0198 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, south of Kings Row. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcel P35 - Kim Property Revocable Living Trust) [ID 14-0199]
D. ID 14-0203 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 S. McCracken Survey, Abstract Number 817, City of Denton, Denton County, Texas, and generally located on the north east corner of N Loop 288 and Stuart Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man) [ID 14-0202]
E. ID 14-0254 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M026 - Habib Pyarali Arab) [ID 14-0251]
F. ID 14-0257 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M029 - JNJ Prominence Square, LP) [ID 14-0253]
G. ID 14-0258 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding proposed amendments to the economic development incentive agreement for Golden Triangle Mall. This discussion shall include commercial and financial information the City Council has received from Golden Triangle Mall owners which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 14-0255]
H. ID 14-0267 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 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 W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey, Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right of way line of F. M. 1830 City of Denton, Texas. 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. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.)[ID 14-0268]
I. ID 14-0269 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally in the 1000 block of South Mayhill Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased) [ID 14-0270]
J. ID 14-0243 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 500 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements project: Parcel 70 - 551 Mayhill Joint Venture) [No Action Item on Regular Agenda]
K. ID 14-0242 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the A. Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally in the 1800 block of South Bonnie Brae Street, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements project: Parcel 18 - Thomas) [No Action Item on Regular Agenda]
L. ID 14-0262 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations; statutory limitations upon municipal regulatory authority; statutory preemption; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated with a citizen's initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
M. ID 14-0274 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with City's attorneys regarding litigation styled Shaklee v. City of Denton, Cause No. 2013-20132-158, currently pending in the 158th District Court, Denton County, Texas where public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
N. ID 14-0279 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests locacted in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas. Receive a report and hold a discussion regarding negotiations for a potential transaction. This discussion shall include commercial and financial information the City Council may receive from the property owners which the City seeks for the public use of expansion, construction, maintenance, replacement, operation, augmentation and improvement of electric transmission and distribution lines, facilities and structures, as well as substations, (herein the "DME Expansion Project"). Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
A. ID 14-0195 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counter offer from Gassaway Property Trust ("Owner"), made by its Trustee, Geesling Gassaway County, Inc., a Nevada Corporation, for the purchase by the City of an electric Utility Easement encumbering a 2.9001 acre tract of land situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas ("Property Interest") for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and Eighty Eight Cents ($588,496.88), authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: P26 - Geesling Gassaway County, Inc.)
B. ID 14-0197 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Edward F. Wolski for the purchase by the City of an electric utility easement encumbering a 6.8289 acre tract of land being generally situated in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the price One Million, Seven Hundred Fifty Three Thousand, Seven Hundred Twenty One Dollars and Fifty Eight Cents ($1,753,721.58); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski)
C. ID 14-0199 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counteroffer from Kim Property Revocable Living Trust, a Texas Revocable Living Trust, for the purchase by the City of an Electric Utility Easement encumbering a 0.8052 acre tract of land being generally situated in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of One Hundred Ninety Six Thousand One Hundred Eighty Seven Dollars and Forty Four Cents ($196,187.44); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel 35 - Kim Property Revocable Living Trust)
D. ID 14-0202 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Stuart Property Trust and Edward F. Wolski for the purchase by the City of an Electric Utility Easement encumbering a 1.175 acre tract of land and a Temporary construction easement encumbering a 0.562 acre tract of land both being generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations and the purpose of access, staging of materials and equipment, construction and grading activities relating to the expansion construction, maintenance, augmentation, operation and improvement of electric transmission and distribution lines, facilities, and structures, respectively, for the purchase price of Two Hundred Twenty One Thousand Five Hundred Twenty Seven Dollars and Twenty Six Cents ($221,527.26); authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man)
F. ID 14-0237 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Dry Auger Boring Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5419-awarded to Mabak Directional Drilling, Inc. in the not-to-exceed amount of $3,616,897). The Public Utilities Board recommends approval (5-0).
G. ID 14-0238 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and FCS Construction, LLC for the excavation and construction of Landfill Cells 4AB and 5; providing for the expenditure of funds therefor; and providing an effective date (RFP 5256-Change Order Number Three in the amount of $68,420 for a total contract amount not-to-exceed $3,078,382.64). The Public Utilities Board recommends approval (5-0).
H. ID 14-0239 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for consulting services related to the establishment of a regional Municipal Settings Designation for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 5513-awarded to Modern Geosciences, LLC in the not-to-exceed amount of $185,100).
I. ID 14-0240 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of eleven (11) light duty vehicles for various City of Denton Departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 5557-awarded to the lowest responsible bidder meeting specification, James Wood Autopark in the amount of $407,131). The Public Utilities Board recommends approval (5-0) for the utility vehicles.
J. ID 14-0244 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Oakland Street from its intersection with Hickory Street to its intersection with Oak Street, providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic Safety Commission recommends approval (3-1).
L. ID 14-0247 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Filmmakers Corporation for the purpose of expense for the 2014 ThinLine Festival; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($2,050)
N. ID 14-0250 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Highland Street Sanitary Sewer Line and Drainage Improvements for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 5535-awarded to the lowest responsible bidder meeting specification, Quality Excavation, LTD, in the amount of $357,390.80). The Public Utilities Board recommends approval (4-0).
O. ID 14-0268 Consider adoption of an Ordinance finding that a public use and necessity exists to acquire (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract") located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station Tract") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed Records, Denton County, Texas, (the "Altemus tract") and (v) an approximate 1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along the northern line, of said electric utility and communication easement located generally east of the Ft. Worth Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek Detention Facility"); authorizing the City Manager or his designee to make an offer to Burch Family Farms, Ltd. (the "Owner") to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the "Agreement") as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) [ID 14-0267]
P. ID 14-0270 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as buyer, and John Fred Duncan and Benny Carl Duncan, Independent Co-Executors of the Estate of Eliza F. Duncan, deceased (collectively the "Owner"), as seller, to acquire fee simple title to a 1.364 acre tract situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally located in the 1000 block of South Mayhill Road; for the purchase price of One Hundred Eighty Thousand Dollars and No Cents ($180,000.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", (the "Property Interest") authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased)
Jun 17, 2014 City Council on 2014-06-17 2:00 PM
A. ID 14-0193 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located northwest corner of State Highway Loop 288 and Audra Lane. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P26 - Geesling Gassaway County, Inc.) [ID 14-0195]
B. ID 14-0196 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located on the west line of North Loop 288, north of US Highway 380 (University Drive). Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) [ID 14-0197]
C. ID 14-0198 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, south of Kings Row. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcel P35 - Kim Property Revocable Living Trust) [ID 14-0199]
D. ID 14-0203 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 S. McCracken Survey, Abstract Number 817, City of Denton, Denton County, Texas, and generally located on the north east corner of N Loop 288 and Stuart Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man) [ID 14-0202]
E. ID 14-0254 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M026 - Habib Pyarali Arab) [ID 14-0251]
F. ID 14-0257 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M029 - JNJ Prominence Square, LP) [ID 14-0253]
G. ID 14-0258 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding proposed amendments to the economic development incentive agreement for Golden Triangle Mall. This discussion shall include commercial and financial information the City Council has received from Golden Triangle Mall owners which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 14-0255]
H. ID 14-0267 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 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 W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey, Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right of way line of F. M. 1830 City of Denton, Texas. 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. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.)[ID 14-0268]
I. ID 14-0269 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally in the 1000 block of South Mayhill Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased) [ID 14-0270]
J. ID 14-0243 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 500 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements project: Parcel 70 - 551 Mayhill Joint Venture) [No Action Item on Regular Agenda]
K. ID 14-0242 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the A. Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally in the 1800 block of South Bonnie Brae Street, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements project: Parcel 18 - Thomas) [No Action Item on Regular Agenda]
L. ID 14-0262 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations; statutory limitations upon municipal regulatory authority; statutory preemption; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated with a citizen's initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
M. ID 14-0274 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with City's attorneys regarding litigation styled Shaklee v. City of Denton, Cause No. 2013-20132-158, currently pending in the 158th District Court, Denton County, Texas where public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
N. ID 14-0279 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests locacted in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas. Receive a report and hold a discussion regarding negotiations for a potential transaction. This discussion shall include commercial and financial information the City Council may receive from the property owners which the City seeks for the public use of expansion, construction, maintenance, replacement, operation, augmentation and improvement of electric transmission and distribution lines, facilities and structures, as well as substations, (herein the "DME Expansion Project"). Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
A. ID 14-0195 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counter offer from Gassaway Property Trust ("Owner"), made by its Trustee, Geesling Gassaway County, Inc., a Nevada Corporation, for the purchase by the City of an electric Utility Easement encumbering a 2.9001 acre tract of land situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas ("Property Interest") for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and Eighty Eight Cents ($588,496.88), authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: P26 - Geesling Gassaway County, Inc.)
B. ID 14-0197 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Edward F. Wolski for the purchase by the City of an electric utility easement encumbering a 6.8289 acre tract of land being generally situated in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the price One Million, Seven Hundred Fifty Three Thousand, Seven Hundred Twenty One Dollars and Fifty Eight Cents ($1,753,721.58); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski)
C. ID 14-0199 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counteroffer from Kim Property Revocable Living Trust, a Texas Revocable Living Trust, for the purchase by the City of an Electric Utility Easement encumbering a 0.8052 acre tract of land being generally situated in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of One Hundred Ninety Six Thousand One Hundred Eighty Seven Dollars and Forty Four Cents ($196,187.44); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel 35 - Kim Property Revocable Living Trust)
D. ID 14-0202 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Stuart Property Trust and Edward F. Wolski for the purchase by the City of an Electric Utility Easement encumbering a 1.175 acre tract of land and a Temporary construction easement encumbering a 0.562 acre tract of land both being generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations and the purpose of access, staging of materials and equipment, construction and grading activities relating to the expansion construction, maintenance, augmentation, operation and improvement of electric transmission and distribution lines, facilities, and structures, respectively, for the purchase price of Two Hundred Twenty One Thousand Five Hundred Twenty Seven Dollars and Twenty Six Cents ($221,527.26); authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man)
F. ID 14-0237 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Dry Auger Boring Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5419-awarded to Mabak Directional Drilling, Inc. in the not-to-exceed amount of $3,616,897). The Public Utilities Board recommends approval (5-0).
G. ID 14-0238 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and FCS Construction, LLC for the excavation and construction of Landfill Cells 4AB and 5; providing for the expenditure of funds therefor; and providing an effective date (RFP 5256-Change Order Number Three in the amount of $68,420 for a total contract amount not-to-exceed $3,078,382.64). The Public Utilities Board recommends approval (5-0).
H. ID 14-0239 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for consulting services related to the establishment of a regional Municipal Settings Designation for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 5513-awarded to Modern Geosciences, LLC in the not-to-exceed amount of $185,100).
I. ID 14-0240 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of eleven (11) light duty vehicles for various City of Denton Departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 5557-awarded to the lowest responsible bidder meeting specification, James Wood Autopark in the amount of $407,131). The Public Utilities Board recommends approval (5-0) for the utility vehicles.
J. ID 14-0244 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Oakland Street from its intersection with Hickory Street to its intersection with Oak Street, providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic Safety Commission recommends approval (3-1).
L. ID 14-0247 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Filmmakers Corporation for the purpose of expense for the 2014 ThinLine Festival; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($2,050)
N. ID 14-0250 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Highland Street Sanitary Sewer Line and Drainage Improvements for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 5535-awarded to the lowest responsible bidder meeting specification, Quality Excavation, LTD, in the amount of $357,390.80). The Public Utilities Board recommends approval (4-0).
O. ID 14-0268 Consider adoption of an Ordinance finding that a public use and necessity exists to acquire (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract") located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station Tract") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed Records, Denton County, Texas, (the "Altemus tract") and (v) an approximate 1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along the northern line, of said electric utility and communication easement located generally east of the Ft. Worth Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek Detention Facility"); authorizing the City Manager or his designee to make an offer to Burch Family Farms, Ltd. (the "Owner") to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the "Agreement") as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) [ID 14-0267]
P. ID 14-0270 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as buyer, and John Fred Duncan and Benny Carl Duncan, Independent Co-Executors of the Estate of Eliza F. Duncan, deceased (collectively the "Owner"), as seller, to acquire fee simple title to a 1.364 acre tract situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally located in the 1000 block of South Mayhill Road; for the purchase price of One Hundred Eighty Thousand Dollars and No Cents ($180,000.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", (the "Property Interest") authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased)
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