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A.	Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Discuss and deliberate the status of mediation efforts regarding several issues involved with the Range Resources/Range Operating/Stroud Energy/Dan Hughes litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled City of Denton, Texas, Plaintiff v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co, Cause No. 2008-19218-16, Defendants, pending in the 16th Judicial District Court in and for Denton County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

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

1.

Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or DCTA, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described 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.

C.	Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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.

A.	U. S. Flag

B.	Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

A.	Proclamations/Awards

A.

Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Festival Foundation for supplemental funding for the Arts and Jazz Committee for the 2010 Denton Arts and Jazz Festival; providing for the expenditure of funds therefor; and providing for an effective date. ($1,750)

B.	Consider adoption of an ordinance approving Denton’s 111th Congress, 2nd Session Congressional Priority Project requests; and declaring an effective date.

C.	Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of Denton’s portion of the budget allocation in an amount not to exceed $365,311.52; and providing an effective date.

D.

Consider approval of a resolution allowing the Denton Rotary Club to be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 13, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this Resolution; and providing for an effective date.  The Parks, Recreation and Beautification Board recommends approval (5-0.)

E.

Consider adoption of an ordinance amending Article X, entitled "Municipal Setting Designations", of Chapter 26, entitled "Utilities", of the Code of Ordinances of the City of Denton, Texas, regarding the local rules adopted by the City of Denton for municipal setting designations, providing the application process for a municipal setting designation, the provision of notice to persons within the affected community, the deletion of insurance requirements, the prohibition of the use of groundwater in a municipal setting designation, the filing of deed restrictions in the official property records of Denton County, Texas; providing findings;  providing for a penalty not to exceed $2,000 for violations thereof; providing that a penalty shall be recoverable for each day a provision of this ordinance is violated, and each such violation shall be a separate offense; providing for a civil fine of not to exceed $1,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; providing for a severability clause; providing for a savings clause, repealing all ordinances in conflict herewith; providing an open meetings clause; providing for city council approval thereof; providing for publication thereof; and providing an effective date.  The Committee on the Environment recommends approval (3-0).

F.

Consider approval of a resolution of the City of Denton, Texas recognizing the necessity of protecting our limited water supply resources from pollution; endorsing the watershed protection as an urgent regional program for the county, cities, towns and utilities located in the watershed of Lewisville Lake; expressing the City’s intention to participate in watershed protection strategies to preserve and protect the environment and to safeguard the public welfare; providing for an effective date.  The Committee on the Environment recommends approval (3-0).

G.

Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic signal hardware for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4431-Annual Contract for Traffic Signal Hardware awarded to the lowest responsible bidder for each item in the annual estimated amount of $200,000).

H.

Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and Houston Galveston Area Council of Governments awarding a contract for the purchase of eight police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 4459-Purchase of Police Sedans awarded to Philpott Ford Inc. in the amount of $159,761 and Dallas Dodge in the amount of $22,246 for a total award amount of $182,007).

I.

Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Altec Pressure Digger as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-3-23010); providing for the expenditure of funds therefor; and providing an effective date (File 4462-Pressure Digger for Denton Municipal Electric awarded to Altec Industries, Inc. in the amount of $195,164). The Public Utilities Board recommends approval (7-0).

J.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one Peterbilt 348 Dump Truck for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4453-DumpTruck for Denton Municipal Electric awarded to Rush Truck Centers of Texas, LP in the amount of $113,780). The Public Utilities Board recommends approval (7-0).

K.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of asphalt and concrete street sections and repairs for Audra Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 3708-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $409,575.50).

L.

Consider adoption of an ordinance of the City of Denton, Texas approving the purchase of two Life-Pak Defibrillators and associated supplies for the City of Denton Fire Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4464-Purchase of Defibrillators for Fire Department awarded to Physio-Control, Inc. in the amount of $69,585).

M.	Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date.

N.	Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date.

O.	Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and the County of Denton for the purpose of performing maintenance on certain roads.

P.

Consider adoption of an ordinance of the City of Denton, Texas approving a compromise settlement agreement between Range Resources and the City of Denton; authorizing the City Manager and the City’s Attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; and declaring an effective date.

Q.	Consider approval of the minutes of: December 1, 2009 December 8, 2009 December 11, 2009

R.

Consider adoption of an ordinance of the City of Denton, Texas, approving the Tower/Ground Lease Agreement entered into by and between the City of Denton, Texas as lessee and Denton County, Texas, as lessor; authorizing the City Manager to execute said agreement; authorizing the City Manager’s authority to expend funds as are necessary to perform the agreement; and providing an effective date.

A.

Consider adoption of an ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $57,689,189.00 between the City of Denton and the State of Texas for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH35E) service road south to Vintage Boulevard, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date.

B.

Consider adoption of an ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $56,670,566.00 between the City of Denton and the State of Texas for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date.

C.

Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $11,537,838.00 between the City of Denton and Denton County Precinct No. 4 for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH35E) service road south to Vintage Boulevard, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date.

D.

Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $5,667,056.50 between the City of Denton and Denton County Precinct No. 1 for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date.

E.

Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $5,667,056.50 between the City of Denton and Denton County Precinct No. 4 for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date.

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

G.

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

F.	Citizen Reports

1.	Review of procedures for addressing the City Council.

2.	Receive citizen reports from the following:

a.)	Bob Clifton regarding Fry Street.

b.)	Willie Hudspeth regarding concerns for Southeast Denton.

I.	Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

A.

Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 260 feet north of Old Mayhill Road at Mile Post 725.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date.  The Parks, Recreation and Beautification Board recommends approval (7-0.)

B.

Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a overhead use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date.  The Parks, Recreation and Beautification Board recommends approval (7-0.)

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Special Sign District Plan on approximately 4.17 acres, generally located at 201 S. Locust Street and platted as Lot 1R, Block 23, Old Town Denton Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date (SD09-0001).  The Planning and Zoning Commission recommends approval (7-0).

D.

Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date.

E.

Hold the first of two public hearings to consider and discuss, under the annexation procedures for areas exempted from the municipal annexation plan, the Involuntary Annexation, Service Plan and Non-Annexation Development Agreement for approximately 7,480 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1, and provide staff appropriate direction.  The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1.  The 15 areas are identified and generally located as follows:

(1) PAA1: 1,171 acres, located on the South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; (2) PAA2 South:  1,472 acres located on the South side of FM1173; north of W. University Drive; west of I-35; (3) PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; (4) PAA4: 1,555 acres, located on the South side of Milam Road; north of Loop 288; east of I-35; (5) DH-1: 315 acres, located on the East of H. Lively Road; south of FM 2449; west side of John Paine Road; (6) DH-2: 258 acres, located on the South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; (7) DH-3: 421 acres, located on the South side of Spring Side Road; north, south and west of Corbin Road; west of I-35;  (8) DH-4: 347 acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage; (9) DH-5: 307.11 acres, located on the East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road;  (10) DH-6: 9 acres, located on the East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; (11) DH-8: 29 acres, located on the West of Old Edwards Road; north and south of Edwards Road; (12) DH-10: 87 acres, located on the South of East McKinney; east and west of Lakey Circle; (13) DH-11: 388 acres, located on the Southeast of the intersection of Mayhill Road and McKinney Street; (14) DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and (15) DH-14: 26 acres, located on the South side of Robinson Road; east of Teasley Lane.