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3. Work Session Reports
1. Closed Meeting:
A. ID 15-360 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. Tomkins Survey, Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56, both in Denton County, Texas, generally located in the 1800 block of Bonnie Brae Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or 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. (Bonnie Brae Road Widening and Improvements Project: Parcel 17, Jones Family Trust [ID 15-361])
B. ID 15-367 Deliberation 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 in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of real property interests referenced above where a public discussion of these legal matters would conflict with the duties of the City's attorneys to the City of Denton and Denton City Council under the Texas 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. (DME-Masch Branch Switch Station) [ID 15-371]
C. ID 15-377 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 potential exchange and/or sale of certain real property interests regarding a 1.6598 acre tract located in the Robert Beaumont Survey, Abstract Number 31 and a 0.3278 acre tract located in the N.H. Meisenhamer Survey, Abstract Number 810, both in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential proceedings against 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. (North Lakes Park - excess property below south dam area) [ID 15-378]
D. ID 15-376 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. 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 legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council 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.
E. ID 15-302 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a presentation from Denton Municipal Electric (DME) staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide staff with direction.
F. ID 15-168 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a further briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information regarding the proposed Collaboration Agreement which pertains to DME's establishment of a high voltage direct current (HVDC) interconnection with another electric transmission service company utilizing the latest in power grid technology that would provide DME the opportunity to acquire additional renewable energy and other electric power products for its energy portfolio. Consultation with the City's attorneys regarding legal issues associated with the proposed Collaboration Agreement and the implementation of the HVDC interconnection 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. Discuss, deliberate, provide staff with direction and consider final action and approval of the Collaboration Agreement.
G. ID 15-363 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed Professional Services Agreement (the "Agreement") by and between the City of Denton, Texas and Burns & McDonnell Engineering Company, Inc., Kansas City. Missouri, regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not-to-exceed amount of $264,648. Consultation with the City's attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement.
H. ID 15-364 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed three-year Professional Services Agreement (the "Agreement") by and between the City of Denton, Texas and Teague Nall & Perkins, Inc. regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not-to-exceed amount of $450,000. Consultation with the City's attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement.
I. ID 15-375 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, 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 and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County 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.
K. ID 15-400 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 a proposed economic development incentive agreement for Project Ranger One (Denton-Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One which the City Council 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.
L. ID 15-401 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 a proposed economic development incentive agreement for Madison Partners. This discussion shall include commercial and financial information the City Council has received from Madison Partners which the City Council 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.
2. PROCLAMATIONS/PRESENTATIONS
3. CONSENT AGENDA
A. ID 15-136 Consider adoption of an ordinance approving an Encroachment Agreement between the City of Denton, Texas, and RLB Investment Partners, LLC, to allow a deck and related appurtenances to be located within existing City easements on and near 321 W. Hickory St.; and declaring an effective date.
B. ID 15-312 Consider adoption of an ordinance approving the expenditure of funds for the purchase of LON GON Odor Control for the City of Denton Landfill which is available from only one source in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5786-awarded to Enviro Chemical Research in the three (3) year not-to-exceed amount of $450,000). The Public Utilities Board recommends approval (7-0).
C. ID 15-352 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) skid steer loaders for the City of Denton Solid Waste and Wastewater Collections departments; and providing an effective date (File 5813 awarded to Bobcat Company in the amount of $152,722.74). The Public Utilities Board recommends approval (4-0).
D. ID 15-353 Consider adoption of an ordinance providing for the expenditure of funds for the emergency cleaning of the Lake Ray Roberts Water Treatment Plant Supply Pipeline in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 5684-awarded to Archer Western Construction, LLC in the amount of $265,818.12 and File 5711 awarded to Clean-Co Systems, Inc. in the amount of $224,493.10). The Public Utilities Board recommends approval (4-0).
E. ID 15-354 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Lake Ray Roberts Water Treatment Plant Equipment Storage Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5783-awarded to Caliber Construction, Inc. in the amount of $138,040). The Public Utilities Board recommends approval (4-0).
F. ID 15-355 Consider adoption of an ordinance approving the expenditure of funds for the purchase of three (3) year software maintenance for continued vendor support for Harris Public Utility Billing System and associated software modules, implementation of data transfer with Exceleron for utility prepay, and implementation of the core automation suite, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4735-awarded to Harris Computer Systems, Inc. in the three (3) year not-to-exceed amount of $700,000).
G. ID 15-356 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the acquisition of maintenance, repair, and operations supplies including hand tools, personal safety equipment, and supplies used by the City's field personnel, for the City of Denton Distribution Center; providing for the expenditure of funds therefore; and providing an effective date (File 5811-awarded to Fastenal Company in the three (3) year not-to-exceed amount of $600,000).
H. ID 15-357 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the City of Denton Pecan Interceptor III project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5767-awarded to the lowest responsible bidder meeting specification, William J Schultz Inc. dba Circle C Construction Company in the amount of $2,928,637). The Public Utilities Board recommends approval (4-0).
I. ID 15-358 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of medium duty trucks for the City of Denton; and providing an effective date (RFP 5762-awarded to Grapevine DCJ, LLC in the three (3) year not-to-exceed amount of $1,743,826).
J. ID 15-359 Consider adoption of an ordinance of the City of Denton authorizing an agreement by and between the City of Denton, Texas and Robson Denton Development, L.P. for the provision of water services, providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (7-0).
K. ID 15-371 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to accept a counteroffer from McKee- Krum Properties, LLC, for the purchase by the City of a 15.037 acre tract located in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, including substations and switch stations, for the price of $250,000.00; authorizing the expenditure of funds; and, providing an effective date. (DME Masch Branch Switch Station) [ID 15-367]
L. ID 15-373 Consider adoption of an ordinance adopting a Schedule of Fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation and Beautification Board recommends approval (4-1).
M. ID 15-378 Consider adoption of an ordinance of the City of Denton, Texas approving the sale of an approximate 1.6598 acre of designated City park land situated in the R. Beaumont Survey, Abstract No. 31, to the successful proposer, SSR Group, LP, a Texas limited partnership, for the total consideration of $658,100.00 consisting of both cash and real property; authorizing the City Manager in accordance with Texas Local Government Code 253.001 to execute a deed to SSR Group, LP, together with any other documents necessary to sell and convey said real property; and providing an effective date (RFP 5614-Sale of Real Property).
N. ID 15-399 Consider adoption of an ordinance authorizing the City Manager to execute an Donation Agreement with the City of Múzquiz, a political subdivision of the Free and Sovereign State of Coahuila, Mexico in compliance with City of Denton Ordinance 2008-11; authorizing the donation of Police and Fire Equipment to the City of Múzquiz; authorizing the donation of the equipment with an estimated value greater than Five Hundred Dollars ($500); and providing an effective date (File 5824-Donation Agreement with the City of Múzquiz).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
6. PUBLIC HEARINGS
A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following:
May 05, 2015 City Council on 2015-05-05 1:00 PM
3. Work Session Reports
1. Closed Meeting:
A. ID 15-360 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. Tomkins Survey, Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56, both in Denton County, Texas, generally located in the 1800 block of Bonnie Brae Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or 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. (Bonnie Brae Road Widening and Improvements Project: Parcel 17, Jones Family Trust [ID 15-361])
B. ID 15-367 Deliberation 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 in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of real property interests referenced above where a public discussion of these legal matters would conflict with the duties of the City's attorneys to the City of Denton and Denton City Council under the Texas 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. (DME-Masch Branch Switch Station) [ID 15-371]
C. ID 15-377 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 potential exchange and/or sale of certain real property interests regarding a 1.6598 acre tract located in the Robert Beaumont Survey, Abstract Number 31 and a 0.3278 acre tract located in the N.H. Meisenhamer Survey, Abstract Number 810, both in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential proceedings against 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. (North Lakes Park - excess property below south dam area) [ID 15-378]
D. ID 15-376 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. 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 legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council 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.
E. ID 15-302 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a presentation from Denton Municipal Electric (DME) staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide staff with direction.
F. ID 15-168 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a further briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information regarding the proposed Collaboration Agreement which pertains to DME's establishment of a high voltage direct current (HVDC) interconnection with another electric transmission service company utilizing the latest in power grid technology that would provide DME the opportunity to acquire additional renewable energy and other electric power products for its energy portfolio. Consultation with the City's attorneys regarding legal issues associated with the proposed Collaboration Agreement and the implementation of the HVDC interconnection 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. Discuss, deliberate, provide staff with direction and consider final action and approval of the Collaboration Agreement.
G. ID 15-363 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed Professional Services Agreement (the "Agreement") by and between the City of Denton, Texas and Burns & McDonnell Engineering Company, Inc., Kansas City. Missouri, regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not-to-exceed amount of $264,648. Consultation with the City's attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement.
H. ID 15-364 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed three-year Professional Services Agreement (the "Agreement") by and between the City of Denton, Texas and Teague Nall & Perkins, Inc. regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not-to-exceed amount of $450,000. Consultation with the City's attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement.
I. ID 15-375 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, 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 and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County 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.
K. ID 15-400 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 a proposed economic development incentive agreement for Project Ranger One (Denton-Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One which the City Council 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.
L. ID 15-401 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 a proposed economic development incentive agreement for Madison Partners. This discussion shall include commercial and financial information the City Council has received from Madison Partners which the City Council 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.
2. PROCLAMATIONS/PRESENTATIONS
3. CONSENT AGENDA
A. ID 15-136 Consider adoption of an ordinance approving an Encroachment Agreement between the City of Denton, Texas, and RLB Investment Partners, LLC, to allow a deck and related appurtenances to be located within existing City easements on and near 321 W. Hickory St.; and declaring an effective date.
B. ID 15-312 Consider adoption of an ordinance approving the expenditure of funds for the purchase of LON GON Odor Control for the City of Denton Landfill which is available from only one source in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5786-awarded to Enviro Chemical Research in the three (3) year not-to-exceed amount of $450,000). The Public Utilities Board recommends approval (7-0).
C. ID 15-352 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) skid steer loaders for the City of Denton Solid Waste and Wastewater Collections departments; and providing an effective date (File 5813 awarded to Bobcat Company in the amount of $152,722.74). The Public Utilities Board recommends approval (4-0).
D. ID 15-353 Consider adoption of an ordinance providing for the expenditure of funds for the emergency cleaning of the Lake Ray Roberts Water Treatment Plant Supply Pipeline in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 5684-awarded to Archer Western Construction, LLC in the amount of $265,818.12 and File 5711 awarded to Clean-Co Systems, Inc. in the amount of $224,493.10). The Public Utilities Board recommends approval (4-0).
E. ID 15-354 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Lake Ray Roberts Water Treatment Plant Equipment Storage Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5783-awarded to Caliber Construction, Inc. in the amount of $138,040). The Public Utilities Board recommends approval (4-0).
F. ID 15-355 Consider adoption of an ordinance approving the expenditure of funds for the purchase of three (3) year software maintenance for continued vendor support for Harris Public Utility Billing System and associated software modules, implementation of data transfer with Exceleron for utility prepay, and implementation of the core automation suite, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4735-awarded to Harris Computer Systems, Inc. in the three (3) year not-to-exceed amount of $700,000).
G. ID 15-356 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the acquisition of maintenance, repair, and operations supplies including hand tools, personal safety equipment, and supplies used by the City's field personnel, for the City of Denton Distribution Center; providing for the expenditure of funds therefore; and providing an effective date (File 5811-awarded to Fastenal Company in the three (3) year not-to-exceed amount of $600,000).
H. ID 15-357 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the City of Denton Pecan Interceptor III project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5767-awarded to the lowest responsible bidder meeting specification, William J Schultz Inc. dba Circle C Construction Company in the amount of $2,928,637). The Public Utilities Board recommends approval (4-0).
I. ID 15-358 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of medium duty trucks for the City of Denton; and providing an effective date (RFP 5762-awarded to Grapevine DCJ, LLC in the three (3) year not-to-exceed amount of $1,743,826).
J. ID 15-359 Consider adoption of an ordinance of the City of Denton authorizing an agreement by and between the City of Denton, Texas and Robson Denton Development, L.P. for the provision of water services, providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (7-0).
K. ID 15-371 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to accept a counteroffer from McKee- Krum Properties, LLC, for the purchase by the City of a 15.037 acre tract located in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, including substations and switch stations, for the price of $250,000.00; authorizing the expenditure of funds; and, providing an effective date. (DME Masch Branch Switch Station) [ID 15-367]
L. ID 15-373 Consider adoption of an ordinance adopting a Schedule of Fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation and Beautification Board recommends approval (4-1).
M. ID 15-378 Consider adoption of an ordinance of the City of Denton, Texas approving the sale of an approximate 1.6598 acre of designated City park land situated in the R. Beaumont Survey, Abstract No. 31, to the successful proposer, SSR Group, LP, a Texas limited partnership, for the total consideration of $658,100.00 consisting of both cash and real property; authorizing the City Manager in accordance with Texas Local Government Code 253.001 to execute a deed to SSR Group, LP, together with any other documents necessary to sell and convey said real property; and providing an effective date (RFP 5614-Sale of Real Property).
N. ID 15-399 Consider adoption of an ordinance authorizing the City Manager to execute an Donation Agreement with the City of Múzquiz, a political subdivision of the Free and Sovereign State of Coahuila, Mexico in compliance with City of Denton Ordinance 2008-11; authorizing the donation of Police and Fire Equipment to the City of Múzquiz; authorizing the donation of the equipment with an estimated value greater than Five Hundred Dollars ($500); and providing an effective date (File 5824-Donation Agreement with the City of Múzquiz).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
6. PUBLIC HEARINGS
A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following:
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