3. Work Session Reports
1. Closed Meeting:
A. ID 15-534 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding real estate matters related to the site selection for the DME Hickory substation, presently located at the intersection of West Hickory and South Bonnie Brae in the City of Denton, Texas, and concerning certain real property within the immediate vicinity, specifically Lots 1, 2, and 3 of the Oak Street Terrace Addition, and the potential acquisition of real property interests. Consultation with the City's attorneys regarding legal issues associated with the condemnation or acquisition of the real property interests 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. (Hickory Substation) [ID 15-542, 15-543, 15-544]
B. ID 15-558 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 Easement Grant and Abandonment Agreement of certain real property interests located in the Jeremiah Fisher Survey, Abstract No. 421, City of Denton, Denton County, Texas, and generally located in the 2200 Block of E. Ryan Road, west of the Ryan Road-Teasley intersection. 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 West Lift Station Upgrade)[ID 15-559]
C. ID 15-560 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 acquisition of real property interests situated in the S. McCracken Survey Abstract Number 417, City of Denton, Denton County, Texas (located generally within the 2200 block of E. Sherman Drive). 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. (Fire Station No 4 Rebuild)[ID 15-561]
D. ID 15-527 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the 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. (Atmos Lake Dallas Storage Facility).
E. ID 15-565 Consultation with Attorneys - 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 economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business 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 incentives. 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.
F. ID 15-566 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.
G. ID 15-570 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 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.
A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following:
4. CONSENT AGENDA
A. ID 15-465 Consider adoption of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to provide for the adoption of the International Fire Code, 2012 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000.00 for violations thereof; providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date.
B. ID 15-476 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached thereto and made a part thereof as Exhibit "A", by and between the City of Denton, (the "City") and Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Herschell D. Cook, deceased (referred to collectively herein as "Seller"), regarding the sale and purchase of fee simple to a tract of land lying and being situated in the City and County of Denton, State of Texas, and being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests"), for the purchase price of One Hundred Thirty Seven Thousand Five Hundred Dollars and No/100 ($137,500.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Industrial Park Property Acquisition project: Cook)
C. SI15-0015 Consider adoption of an ordinance of the City of Denton, Texas to adopt the 2012 International Building Code (IBC), the 2012 International Residential Code (IRC), the 2012 International Plumbing Code (IPC), the 2012 International Mechanical Code (IMC), and the 2012 International Fuel Gas Code (IFGC) as amended by the City providing a penalty for violation; providing for severability; repealing all ordinances in conflict therewith; and providing an effective date.
D. ID 15-538 Consider approval of the minutes of May 4, May 5, May 12, May 19, May 26, June 2, June 9 and June 16, 2015.
E. ID 15-539 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Greenbelt Alliance of Denton County for the purpose of capital needs; providing for the expenditure of funds; and providing for an effective date. ($800)
F. ID 15-540 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Assistance Center, Inc. for funds that will be used for "Serve Denton" Services; Providing for the expenditure of funds; and providing for an effective date. ($1,900)
G. ID 15-542 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ("City"), as Buyer, and Serendipity Business Interests, LLC Property ("Owner") to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 2, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas and more particularly described in Exhibit "1", for the purchase price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as prescribed in the contract of sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests)
H. ID 15-543 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ("City"), as Buyer, and Mankins Property ("Owner") to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 3, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas and more particularly described in Exhibit "1", for the purchase price of One Hundred Fifteen Thousand Dollars and no cents ($115,000.00), and other valuable consideration, as prescribed in the contract of sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property)
I. ID 15-544 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ("City"), as Buyer, and Neblett Property ("Owner") to acquire fee title to a 0.164-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 1, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas and more particularly described in Exhibit "1", for the purchase price of One Hundred Forty Five Thousand Dollars and no cents ($145,000.00), and other valuable consideration, as prescribed in the contract of sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property)
J. ID 15-546 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a professional services agreement for the design of the Hickory Creek Basin Peak Flow Detention Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5768-awarded to Hazen and Sawyer, P.C. in an amount not-to-exceed $427,368). The Public Utilities Board recommends approval (5-0).
K. ID 15-550 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a pre-cast security fence for the City of Denton Kings Row Substation; providing for the expenditure of funds therefor; and providing an effective date (RFP 5818-awarded to The Turner Company in the not-to-exceed amount of amount of $340,770.85). The Public Utilities Board recommends approval (6-0).
L. ID 15-551 Consider adoption of an ordinance approving a contract for the supply of decorative paint to color mulch chips for the City of Denton Beneficial Reuse Division which is only available from a single source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5844-awarded awarded to TH Glennon Company, Inc. in the annual estimated amount of $25,000 for a three (3) year not-to-exceed amount of $75,000). The Public Utilities Board recommends approval (7-0).
M. ID 15-552 Consider adoption of an ordinance approving a contract for the purchase of four (4) utility truck bodies for the City of Denton Wastewater Collections, Electric Operations, Water Distribution, and Traffic Control departments which are available from a single source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5871-awarded to General Body Manufacturing Company in the not-to-exceed amount of $109,171). The Public Utilities Board recommends approval (6-0).
N. ID 15-553 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build for Denton Municipal Electric (DME); and providing an effective date (RFP 5775-awarded to HD Supply in the three (3) year not-to-exceed amount of $1,000,000).
O. ID 15-559 Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement Grant and Abandonment Agreement ("Agreement"), by and between the City and DENTON WEST JOINT VENTURE ("Owner"), providing for (a.) the granting to the City of easement for Lift Station purposes, encumbering 0.127 acre tract; and (b.) the granting to the City of easement for Ingress and Egress purposes, encumbering a 0.052 acre tract; and (c.) the granting to the City of a Street Right-of-Way deed, encumbering a 0.333 acre tract; and (d.) the abandonment ("Abandonment") by the City of (i) that certain Sanitary Sewer Easement, from M. K. Buchanan to the City, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas; and (ii) that certain Public Utility Easement, from M. K. Buchanan to the City, recorded in Volume 626, Page 123, Deed Records, Denton County, Texas; (collectively, the "Abandonment Tracts"), all tracts situated in the Jeremiah Fisher Survey, Abstract N0. 421, Denton County, Texas and being generally located at the 2200 block East Ryan Rd.; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Denton West Lift Station Upgrade) (Recommended for approval by PUB 6-0)
P. ID 15-561 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Contract of Sale, as attached thereto and made a part thereof as Exhibit "A", by and between Jason Rose, (the "Owner"), and the City of Denton, Texas, (the "Buyer"), regarding the sale and purchase of fee simple to a 1.227 acre tract, more or less, situated in the S. McCracken Survey, Abstract No. 817, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 2100 Block of East Sherman Drive (the "Property Interests"), for the purchase price of One Hundred Sixty Five Thousand Dollars and No Cents ($165,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Fire Station No. 4 Rebuild Project)
R. ID 15-564 Consider adoption of an ordinance concerning the removal of parking and changing of Highland Street, from North Texas Boulevard to Avenue D, from one-way, eastbound, to two-way and the changing of Avenue D, from Maple Street to Highland Street, from two-way to one way, northbound as attached to the ordinance (Exhibit 1) and providing an effective date. The Traffic Safety Commission recommends approval (5-0).
S. ID 15-571 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for Professional Legal Services relating to the pending litigation entitled the City of Denton, Texas V NRG Power Marketing, LLC; authorizing the expenditure of funds therefor; providing an effective date (File No. 5771 - in the additional amount of not-to-exceed $500,000, aggregating not-to-exceed $595,000). The Public Utilities Board recommends approval (6-0).
5. PUBLIC HEARINGS
Jul 21, 2015 City Council on 2015-07-21 11:00 AM
3. Work Session Reports
1. Closed Meeting:
A. ID 15-534 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding real estate matters related to the site selection for the DME Hickory substation, presently located at the intersection of West Hickory and South Bonnie Brae in the City of Denton, Texas, and concerning certain real property within the immediate vicinity, specifically Lots 1, 2, and 3 of the Oak Street Terrace Addition, and the potential acquisition of real property interests. Consultation with the City's attorneys regarding legal issues associated with the condemnation or acquisition of the real property interests 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. (Hickory Substation) [ID 15-542, 15-543, 15-544]
B. ID 15-558 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 Easement Grant and Abandonment Agreement of certain real property interests located in the Jeremiah Fisher Survey, Abstract No. 421, City of Denton, Denton County, Texas, and generally located in the 2200 Block of E. Ryan Road, west of the Ryan Road-Teasley intersection. 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 West Lift Station Upgrade)[ID 15-559]
C. ID 15-560 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 acquisition of real property interests situated in the S. McCracken Survey Abstract Number 417, City of Denton, Denton County, Texas (located generally within the 2200 block of E. Sherman Drive). 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. (Fire Station No 4 Rebuild)[ID 15-561]
D. ID 15-527 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the 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. (Atmos Lake Dallas Storage Facility).
E. ID 15-565 Consultation with Attorneys - 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 economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business 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 incentives. 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.
F. ID 15-566 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.
G. ID 15-570 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 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.
A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following:
4. CONSENT AGENDA
A. ID 15-465 Consider adoption of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to provide for the adoption of the International Fire Code, 2012 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000.00 for violations thereof; providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date.
B. ID 15-476 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached thereto and made a part thereof as Exhibit "A", by and between the City of Denton, (the "City") and Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Herschell D. Cook, deceased (referred to collectively herein as "Seller"), regarding the sale and purchase of fee simple to a tract of land lying and being situated in the City and County of Denton, State of Texas, and being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests"), for the purchase price of One Hundred Thirty Seven Thousand Five Hundred Dollars and No/100 ($137,500.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Industrial Park Property Acquisition project: Cook)
C. SI15-0015 Consider adoption of an ordinance of the City of Denton, Texas to adopt the 2012 International Building Code (IBC), the 2012 International Residential Code (IRC), the 2012 International Plumbing Code (IPC), the 2012 International Mechanical Code (IMC), and the 2012 International Fuel Gas Code (IFGC) as amended by the City providing a penalty for violation; providing for severability; repealing all ordinances in conflict therewith; and providing an effective date.
D. ID 15-538 Consider approval of the minutes of May 4, May 5, May 12, May 19, May 26, June 2, June 9 and June 16, 2015.
E. ID 15-539 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Greenbelt Alliance of Denton County for the purpose of capital needs; providing for the expenditure of funds; and providing for an effective date. ($800)
F. ID 15-540 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Assistance Center, Inc. for funds that will be used for "Serve Denton" Services; Providing for the expenditure of funds; and providing for an effective date. ($1,900)
G. ID 15-542 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ("City"), as Buyer, and Serendipity Business Interests, LLC Property ("Owner") to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 2, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas and more particularly described in Exhibit "1", for the purchase price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as prescribed in the contract of sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests)
H. ID 15-543 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ("City"), as Buyer, and Mankins Property ("Owner") to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 3, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas and more particularly described in Exhibit "1", for the purchase price of One Hundred Fifteen Thousand Dollars and no cents ($115,000.00), and other valuable consideration, as prescribed in the contract of sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property)
I. ID 15-544 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ("City"), as Buyer, and Neblett Property ("Owner") to acquire fee title to a 0.164-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 1, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas and more particularly described in Exhibit "1", for the purchase price of One Hundred Forty Five Thousand Dollars and no cents ($145,000.00), and other valuable consideration, as prescribed in the contract of sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property)
J. ID 15-546 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a professional services agreement for the design of the Hickory Creek Basin Peak Flow Detention Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5768-awarded to Hazen and Sawyer, P.C. in an amount not-to-exceed $427,368). The Public Utilities Board recommends approval (5-0).
K. ID 15-550 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a pre-cast security fence for the City of Denton Kings Row Substation; providing for the expenditure of funds therefor; and providing an effective date (RFP 5818-awarded to The Turner Company in the not-to-exceed amount of amount of $340,770.85). The Public Utilities Board recommends approval (6-0).
L. ID 15-551 Consider adoption of an ordinance approving a contract for the supply of decorative paint to color mulch chips for the City of Denton Beneficial Reuse Division which is only available from a single source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5844-awarded awarded to TH Glennon Company, Inc. in the annual estimated amount of $25,000 for a three (3) year not-to-exceed amount of $75,000). The Public Utilities Board recommends approval (7-0).
M. ID 15-552 Consider adoption of an ordinance approving a contract for the purchase of four (4) utility truck bodies for the City of Denton Wastewater Collections, Electric Operations, Water Distribution, and Traffic Control departments which are available from a single source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5871-awarded to General Body Manufacturing Company in the not-to-exceed amount of $109,171). The Public Utilities Board recommends approval (6-0).
N. ID 15-553 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build for Denton Municipal Electric (DME); and providing an effective date (RFP 5775-awarded to HD Supply in the three (3) year not-to-exceed amount of $1,000,000).
O. ID 15-559 Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement Grant and Abandonment Agreement ("Agreement"), by and between the City and DENTON WEST JOINT VENTURE ("Owner"), providing for (a.) the granting to the City of easement for Lift Station purposes, encumbering 0.127 acre tract; and (b.) the granting to the City of easement for Ingress and Egress purposes, encumbering a 0.052 acre tract; and (c.) the granting to the City of a Street Right-of-Way deed, encumbering a 0.333 acre tract; and (d.) the abandonment ("Abandonment") by the City of (i) that certain Sanitary Sewer Easement, from M. K. Buchanan to the City, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas; and (ii) that certain Public Utility Easement, from M. K. Buchanan to the City, recorded in Volume 626, Page 123, Deed Records, Denton County, Texas; (collectively, the "Abandonment Tracts"), all tracts situated in the Jeremiah Fisher Survey, Abstract N0. 421, Denton County, Texas and being generally located at the 2200 block East Ryan Rd.; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Denton West Lift Station Upgrade) (Recommended for approval by PUB 6-0)
P. ID 15-561 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Contract of Sale, as attached thereto and made a part thereof as Exhibit "A", by and between Jason Rose, (the "Owner"), and the City of Denton, Texas, (the "Buyer"), regarding the sale and purchase of fee simple to a 1.227 acre tract, more or less, situated in the S. McCracken Survey, Abstract No. 817, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 2100 Block of East Sherman Drive (the "Property Interests"), for the purchase price of One Hundred Sixty Five Thousand Dollars and No Cents ($165,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Fire Station No. 4 Rebuild Project)
R. ID 15-564 Consider adoption of an ordinance concerning the removal of parking and changing of Highland Street, from North Texas Boulevard to Avenue D, from one-way, eastbound, to two-way and the changing of Avenue D, from Maple Street to Highland Street, from two-way to one way, northbound as attached to the ordinance (Exhibit 1) and providing an effective date. The Traffic Safety Commission recommends approval (5-0).
S. ID 15-571 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for Professional Legal Services relating to the pending litigation entitled the City of Denton, Texas V NRG Power Marketing, LLC; authorizing the expenditure of funds therefor; providing an effective date (File No. 5771 - in the additional amount of not-to-exceed $500,000, aggregating not-to-exceed $595,000). The Public Utilities Board recommends approval (6-0).
5. PUBLIC HEARINGS
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