3. Work Session Reports
1. Closed Meeting:
A. ID 16-365 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City's attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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.
B. ID 16-345 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 involving a proposed Rayzor Ranch Public Improvement District No. 1 Reimbursement Agreement, 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 16-346]
C. ID 16-299 Consultation with Attorneys - Under Texas Government Code, Section 552.071; Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consult with the City's attorneys regarding the present status of the Denton Municipal Electric-Energy Management Organization's operations regarding EEI contract negotiation, ISDA contract negotiation, and other related contracting issues; discuss, deliberate and provide the City's attorneys and staff with direction. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 16-286]
D. ID 16-301 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City's attorneys regarding the present status of pending litigation entitled: The City of Denton, Texas v. NRG Power Marketing, LLC, et al, Cause No. 15-01404-16, now pending before the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 16-287]
E. ID 16-348 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 generally located at the Southeast corner of E. McKinney Street and S. Mayhill Road, the affected tract located in the Morreau Forrest Survey, Abstract No. 417, 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 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 M088 - BCI Real Estate Ventures, LP) [ID 16-349]
F. ID 16-326 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 potential purchase of certain real property interests in the Gideon Walker Survey, Abstract 1330, City of Denton, Denton County, Texas and being generally located southwest of the intersection of Edwards Road and Swisher Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the 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. (Villages of Carmel, Phase 5B - prospective Parks Department property purchase)
G. ID 16-347 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 located in the E. Puchalski Survey, Abstract No. 996, located generally in the 1200 block of the east side of N. I-35E, 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 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 Fire Station No. 3 Rebuild)
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.
4. CONSENT AGENDA
A. ID 16-011 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through National Joint Powers Alliance (NJPA) Contract# 022113-CXT for the purchase of prefabricated concrete restroom buildings to be located at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts Field, and the restroom concession at Mack Park; and providing an effective date. (File 5880-awarded to CXT, Inc. in the not-to-exceed amount of $757,073).
B. ID 16-121 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of residential refuse and recycling carts including replacement parts, for the City of Denton Solid Waste Department; and providing an effective date (File 5997-Purchase of Residential Recycling and Refuse Carts awarded to Rehrig Pacific Company in the three (3) year not-to-exceed amount of $875,000). The Public Utilities Board recommends approval (5-0).
C. ID 16-265 Consider adoption of an ordinance (1) releasing, abandoning and vacating (a) a 28.953 acre public drainage easement recorded as Instrument No. 2002-R0073655, Real Property Records, Denton County, Texas; (b) a 13.14 acre public drainage & detention easement recorded as Instrument No. 2002-R0073656, Real Property Records, Denton County, Texas; and (c) a 0.562 acre public drainage easement recorded as Instrument No. 2002-R0073661, Real Property Records, Denton County, Texas, all located in the S. Graham Survey, Abstract No. 468, Denton County, Texas; and (2) partially releasing, abandoning and vacating a 5.324 acre public drainage easement recorded as Instrument No. 2005-85936, Real Property Records, Denton County, Texas, and located in the M. Smith Survey, Abstract No. 1181 and the W. Smith Survey, Abstract No. 1182, Denton County, Texas; and declaring an effective date. [Abandonment of drainage easements to allow for subdivision lot sales]
D. ID 16-271 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $24,030,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
E. ID 16-272 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $69,810,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
F. ID 16-281 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Caterpillar Model 953D track loader for the City of Denton Drainage Department; and providing an effective date (File 6070-awarded to Holt CAT in the amount of $213,950). The Public Utilities Board recommends approval (5-0).
G. ID 16-282 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Substation Pre-Cast Security Fences for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5963-awarded to Walsh's Hawk Construction Company, LLC in the three (3) year not-to-exceed amount of amount of $5,900,000). The Public Utilities Board recommends approval (5-0).
H. ID 16-284 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services contract with First Southwest Asset Management, Inc. for investment advisory services; providing for the expenditure of funds therefor; and providing an effective date (File 6086 in the two (2) year not-to-exceed amount of $52,000). The Audit/Finance Committee recommends approval (3-0).
I. ID 16-286 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 the law firm of David A. Portz, P.C., Houston, Texas for Professional Legal Services to be provided to the Energy Management Organization of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing an effective date (File No. 5554-in the additional amount of not-to-exceed $50,000, aggregating not-to-exceed $175,000). The Public Utilities Board recommends approval (5-0).
J. ID 16-287 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second 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, et al; authorizing the expenditure of funds therefor; providing for retroactive confirmation, ratification and approval thereof; providing an effective date (File No. 5771-in the additional amount of not-to-exceed $800,000, aggregating not-to-exceed $1,395,000). The Public Utilities Board recommends approval (5-0).
K. ID 16-288 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Supplement to Amendment to an engagement letter for professional legal services by and between the City of Denton, Texas and Herrera & Boyle, PLLC. for legal services pertaining to pole attachment license agreement, right-of-way agreement, collections from Verizon and other possible pertinent agreements; providing for the expenditure of funds therefor; and providing an effective date (File No. 5592 in the additional amount of $65,000; aggregating a total not-to-exceed $130,000). The Public Utilities Board recommends approval (5-0).
L. ID 16-289 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of SEL protective relays, controls, monitoring, metering, software, integration, accessories, and devices for Denton Municipal Electric, which are 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 6046-awarded to Schweitzer Engineering Laboratories (SEL) in the three (3) year not-to-exceed amount of $2,240,000). The Public Utilities Board recommends approval (5-0).
M. ID 16-290 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for sports officiating services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6028-awarded to SED Referees in the three (3) year not-to-exceed amount of $153,352).
N. ID 16-291 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of uniforms for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6025-awarded to Impact Promotional Services, dba Got You Covered Uniforms in the three (3) year not-to-exceed amount of $328,650).
O. ID 16-295 Consider adoption of an ordinance authorizing the City Manager to execute a "Sponsored Research Agreement" by and between the City of Denton, Texas and Southern Methodist University providing for the investigation of enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas in the not-to-exceed amount of $169,655; providing for the expenditure of funds therefor; providing for an effective date (File 6072). The Public Utilities Board recommends approval (5-0).
P. ID 16-307 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Dependent Care Services for regular full time City of Denton employees; providing for the expenditure of funds therefore; and providing an effective date (RFP 5914-awarded to Bright Horizons Family Solutions LLC, in the three (3) year not-to-exceed amount of $178,387.50).
R. ID 16-321 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $150,000 of in-kind services and resources for the Denton Arts and Jazz Festival to be held in Quakertown Park on April 29 - May 1, 2016; and providing an effective date.
S. ID 16-322 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager for the emergency purchase and installation of a Poured in Place (PIP) safety surface at Eureka 2 Playground and 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 6071-awarded to Lea Park and Play in the amount of $84,892.60).
T. ID 16-325 Consider adoption of an ordinance establishing a Teen Council to provide a teen perspective to the Parks and Recreation Department regarding programming and community issues related to Parks programming; and provide an effective date.
U. ID 16-335 Consider adoption of an ordinance of the City of Denton, Texas Nunc Pro Tunc, correcting an inadvertent mistake in ordinance 2015-188 relating to the annexation of an area of land to the City of Denton, Texas that was granted deferral of annexation until October 31, 2017.
V. ID 16-338 Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to an economic development program grant agreement dated December 1, 2015, between the City of Denton and Buc-ee's, LTD., which was duly assigned, in part, to Buc-ee's, LTD.; and providing an effective date.
W. ID 16-346 Consider adoption of an ordinance of the City of Denton, Texas approving a Reimbursement Agreement amongst the City of Denton, Texas, Allegiance Hillview, L.P., and DB Denton II, LLC related to the reimbursement of public improvements constructed within the Rayzor Ranch Public Improvement District No. 1; authorizing the City Manager to execute the Reimbursement Agreement on behalf of the City of Denton, Texas; and providing for an effective date.
X. ID 16-349 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 BCI Real Estate Ventures, L.P. (the "Owner"), as seller, to acquire fee simple to a 1.509 acre tract located in the Moreau Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas; (the "Property Interests") for the purchase price of Two Hundred Twenty Three Thousand Eight Hundred Seven Dollars and No Cents ($223,807.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", (I) authorizing the expenditure of funds therefor; (II) providing a savings clause; and (III) providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M088 -BCI Real Estate Ventures, LP)
Y. ID 16-362 Consider approval of the minutes of January 4, 5, 12, 23, 26, and 28-29, 2016.
Z. ID 16-363 Consider adoption of an ordinance accepting a First Amendment to a Chapter 212 Texas Local Government Code Non-annexation Agreement between the City of Denton, Jean Ann Baker, and Ryan Capital Partners, LTD. to extend the term of such Agreement 120 days pending the execution of a new pre-annexation agreement with the City; authorizing the City Manager to execute the Agreement; and providing an effective date.
AA. ID 16-364 Consider approval of the Public Art Committee's recommendation to commission artist Mick Burson for the design and installation of a mural at the Patterson-Appleton Arts Center located at 400 E. Hickory St. as Public Art for the City of Denton; and declare an effective date. The Public Art Committee recommends approval (8-0).
5. PUBLIC HEARINGS
6. ITEMS FOR INDIVIDUAL CONSIDERATION
B. A15-0016a Consider adoption of an ordinance establishing public hearing dates and authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016, for annexation of an approximately 23.24 acre property generally located on the west side of Geesling Road, approximately 700 feet south of East University Drive (U.S. 380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas.
Mar 01, 2016 City Council on 2016-03-01 12:00 PM
3. Work Session Reports
1. Closed Meeting:
A. ID 16-365 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City's attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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.
B. ID 16-345 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 involving a proposed Rayzor Ranch Public Improvement District No. 1 Reimbursement Agreement, 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 16-346]
C. ID 16-299 Consultation with Attorneys - Under Texas Government Code, Section 552.071; Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consult with the City's attorneys regarding the present status of the Denton Municipal Electric-Energy Management Organization's operations regarding EEI contract negotiation, ISDA contract negotiation, and other related contracting issues; discuss, deliberate and provide the City's attorneys and staff with direction. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 16-286]
D. ID 16-301 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City's attorneys regarding the present status of pending litigation entitled: The City of Denton, Texas v. NRG Power Marketing, LLC, et al, Cause No. 15-01404-16, now pending before the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 16-287]
E. ID 16-348 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 generally located at the Southeast corner of E. McKinney Street and S. Mayhill Road, the affected tract located in the Morreau Forrest Survey, Abstract No. 417, 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 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 M088 - BCI Real Estate Ventures, LP) [ID 16-349]
F. ID 16-326 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 potential purchase of certain real property interests in the Gideon Walker Survey, Abstract 1330, City of Denton, Denton County, Texas and being generally located southwest of the intersection of Edwards Road and Swisher Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the 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. (Villages of Carmel, Phase 5B - prospective Parks Department property purchase)
G. ID 16-347 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 located in the E. Puchalski Survey, Abstract No. 996, located generally in the 1200 block of the east side of N. I-35E, 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 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 Fire Station No. 3 Rebuild)
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.
4. CONSENT AGENDA
A. ID 16-011 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through National Joint Powers Alliance (NJPA) Contract# 022113-CXT for the purchase of prefabricated concrete restroom buildings to be located at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts Field, and the restroom concession at Mack Park; and providing an effective date. (File 5880-awarded to CXT, Inc. in the not-to-exceed amount of $757,073).
B. ID 16-121 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of residential refuse and recycling carts including replacement parts, for the City of Denton Solid Waste Department; and providing an effective date (File 5997-Purchase of Residential Recycling and Refuse Carts awarded to Rehrig Pacific Company in the three (3) year not-to-exceed amount of $875,000). The Public Utilities Board recommends approval (5-0).
C. ID 16-265 Consider adoption of an ordinance (1) releasing, abandoning and vacating (a) a 28.953 acre public drainage easement recorded as Instrument No. 2002-R0073655, Real Property Records, Denton County, Texas; (b) a 13.14 acre public drainage & detention easement recorded as Instrument No. 2002-R0073656, Real Property Records, Denton County, Texas; and (c) a 0.562 acre public drainage easement recorded as Instrument No. 2002-R0073661, Real Property Records, Denton County, Texas, all located in the S. Graham Survey, Abstract No. 468, Denton County, Texas; and (2) partially releasing, abandoning and vacating a 5.324 acre public drainage easement recorded as Instrument No. 2005-85936, Real Property Records, Denton County, Texas, and located in the M. Smith Survey, Abstract No. 1181 and the W. Smith Survey, Abstract No. 1182, Denton County, Texas; and declaring an effective date. [Abandonment of drainage easements to allow for subdivision lot sales]
D. ID 16-271 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $24,030,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
E. ID 16-272 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $69,810,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
F. ID 16-281 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Caterpillar Model 953D track loader for the City of Denton Drainage Department; and providing an effective date (File 6070-awarded to Holt CAT in the amount of $213,950). The Public Utilities Board recommends approval (5-0).
G. ID 16-282 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Substation Pre-Cast Security Fences for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5963-awarded to Walsh's Hawk Construction Company, LLC in the three (3) year not-to-exceed amount of amount of $5,900,000). The Public Utilities Board recommends approval (5-0).
H. ID 16-284 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services contract with First Southwest Asset Management, Inc. for investment advisory services; providing for the expenditure of funds therefor; and providing an effective date (File 6086 in the two (2) year not-to-exceed amount of $52,000). The Audit/Finance Committee recommends approval (3-0).
I. ID 16-286 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 the law firm of David A. Portz, P.C., Houston, Texas for Professional Legal Services to be provided to the Energy Management Organization of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing an effective date (File No. 5554-in the additional amount of not-to-exceed $50,000, aggregating not-to-exceed $175,000). The Public Utilities Board recommends approval (5-0).
J. ID 16-287 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second 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, et al; authorizing the expenditure of funds therefor; providing for retroactive confirmation, ratification and approval thereof; providing an effective date (File No. 5771-in the additional amount of not-to-exceed $800,000, aggregating not-to-exceed $1,395,000). The Public Utilities Board recommends approval (5-0).
K. ID 16-288 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Supplement to Amendment to an engagement letter for professional legal services by and between the City of Denton, Texas and Herrera & Boyle, PLLC. for legal services pertaining to pole attachment license agreement, right-of-way agreement, collections from Verizon and other possible pertinent agreements; providing for the expenditure of funds therefor; and providing an effective date (File No. 5592 in the additional amount of $65,000; aggregating a total not-to-exceed $130,000). The Public Utilities Board recommends approval (5-0).
L. ID 16-289 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of SEL protective relays, controls, monitoring, metering, software, integration, accessories, and devices for Denton Municipal Electric, which are 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 6046-awarded to Schweitzer Engineering Laboratories (SEL) in the three (3) year not-to-exceed amount of $2,240,000). The Public Utilities Board recommends approval (5-0).
M. ID 16-290 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for sports officiating services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6028-awarded to SED Referees in the three (3) year not-to-exceed amount of $153,352).
N. ID 16-291 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of uniforms for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6025-awarded to Impact Promotional Services, dba Got You Covered Uniforms in the three (3) year not-to-exceed amount of $328,650).
O. ID 16-295 Consider adoption of an ordinance authorizing the City Manager to execute a "Sponsored Research Agreement" by and between the City of Denton, Texas and Southern Methodist University providing for the investigation of enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas in the not-to-exceed amount of $169,655; providing for the expenditure of funds therefor; providing for an effective date (File 6072). The Public Utilities Board recommends approval (5-0).
P. ID 16-307 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Dependent Care Services for regular full time City of Denton employees; providing for the expenditure of funds therefore; and providing an effective date (RFP 5914-awarded to Bright Horizons Family Solutions LLC, in the three (3) year not-to-exceed amount of $178,387.50).
R. ID 16-321 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $150,000 of in-kind services and resources for the Denton Arts and Jazz Festival to be held in Quakertown Park on April 29 - May 1, 2016; and providing an effective date.
S. ID 16-322 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager for the emergency purchase and installation of a Poured in Place (PIP) safety surface at Eureka 2 Playground and 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 6071-awarded to Lea Park and Play in the amount of $84,892.60).
T. ID 16-325 Consider adoption of an ordinance establishing a Teen Council to provide a teen perspective to the Parks and Recreation Department regarding programming and community issues related to Parks programming; and provide an effective date.
U. ID 16-335 Consider adoption of an ordinance of the City of Denton, Texas Nunc Pro Tunc, correcting an inadvertent mistake in ordinance 2015-188 relating to the annexation of an area of land to the City of Denton, Texas that was granted deferral of annexation until October 31, 2017.
V. ID 16-338 Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to an economic development program grant agreement dated December 1, 2015, between the City of Denton and Buc-ee's, LTD., which was duly assigned, in part, to Buc-ee's, LTD.; and providing an effective date.
W. ID 16-346 Consider adoption of an ordinance of the City of Denton, Texas approving a Reimbursement Agreement amongst the City of Denton, Texas, Allegiance Hillview, L.P., and DB Denton II, LLC related to the reimbursement of public improvements constructed within the Rayzor Ranch Public Improvement District No. 1; authorizing the City Manager to execute the Reimbursement Agreement on behalf of the City of Denton, Texas; and providing for an effective date.
X. ID 16-349 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 BCI Real Estate Ventures, L.P. (the "Owner"), as seller, to acquire fee simple to a 1.509 acre tract located in the Moreau Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas; (the "Property Interests") for the purchase price of Two Hundred Twenty Three Thousand Eight Hundred Seven Dollars and No Cents ($223,807.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", (I) authorizing the expenditure of funds therefor; (II) providing a savings clause; and (III) providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M088 -BCI Real Estate Ventures, LP)
Y. ID 16-362 Consider approval of the minutes of January 4, 5, 12, 23, 26, and 28-29, 2016.
Z. ID 16-363 Consider adoption of an ordinance accepting a First Amendment to a Chapter 212 Texas Local Government Code Non-annexation Agreement between the City of Denton, Jean Ann Baker, and Ryan Capital Partners, LTD. to extend the term of such Agreement 120 days pending the execution of a new pre-annexation agreement with the City; authorizing the City Manager to execute the Agreement; and providing an effective date.
AA. ID 16-364 Consider approval of the Public Art Committee's recommendation to commission artist Mick Burson for the design and installation of a mural at the Patterson-Appleton Arts Center located at 400 E. Hickory St. as Public Art for the City of Denton; and declare an effective date. The Public Art Committee recommends approval (8-0).
5. PUBLIC HEARINGS
6. ITEMS FOR INDIVIDUAL CONSIDERATION
B. A15-0016a Consider adoption of an ordinance establishing public hearing dates and authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016, for annexation of an approximately 23.24 acre property generally located on the west side of Geesling Road, approximately 700 feet south of East University Drive (U.S. 380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas.
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