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This section of the agenda allows citizens to speak on Consent Agenda Items only.  Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.  A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.

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

1.

Consult with the City’s attorneys regarding the present status of pending litigation styled: The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial District Court of Denton County, Texas, having been remanded to the trial court by the Fort Worth Court of Appeals for further proceedings; and 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 Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2.

Consult with the City’s attorneys regarding Transmission Cost of Service (TCOS) filings of the City with the Public Utilities Commission of Texas; and the status of pending litigation styled: Linda Marie Casias Roth, et al, v City of Denton, Texas, Cause No. 2012-60839-393, currently pending in the 393rd Judicial District Court of Denton County, Texas; where 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.

3.

Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance.

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

1.

Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street), within the City of Denton, Texas.  Consultation with the City’s attorney’s regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.

2.

Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 1100 block of South Mayhill Road, and (2) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 1200 block of South Mayhill Road, all within the City of Denton, Texas.  Consultation with the City’s attorney’s regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.

C.	Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters regarding Request for Proposals No. 4859 issued by the City soliciting proposals for solar-generated energy facilities for the City of Denton, Texas; discuss, deliberate, provide staff with direction, and consider such matters.  Consultation with the City’s attorneys regarding legal advice regarding the matters referenced above.  A public discussion of this legal matter 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.

2.

Receive a briefing from Staff and attorneys regarding certain public power and commercial matters involved pertaining to the continued use of Garland Power & Light (GP&L) to perform certain Transmission Operator functions for Denton Municipal Electric (DME), as required by North American Reliability Corporation (NERC) Regulations; and receive an attorney consultation, where a public discussion of this legal matter would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.  Discuss, deliberate, provide Staff with direction, and consider.

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

1.	Presentation by Bill Ford and students of the Mayborn School of Journalism regarding their Denton promotional venture.

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Kayce Strader regarding predatory lending.

2.	Michael Pirtle regarding predatory lending.

3.	Joe Ader regarding predatory lending.

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Janet Shelton regarding predatory lending.

2.	Melanie Vest regarding predatory lending.

3.	Leah Jordan regarding predatory lending.

A.	Consider adoption of an ordinance adopting Rental Guidelines and a Schedule of Rental Fees for Williams Square, located between East Hickory and Mulberry Streets, and providing an effective date.

B.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No. AM 2013DNTON and CSJ No. M318DNTON). The Airport Advisory Board recommends approval (7-0).

C.

Consider adoption of an ordinance providing for the expenditure of funds for the Emergency Purchase of an Al-Jon Advantage 500M Landfill Compactor 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 5133-Emergency Purchase of Compactor for Landfill awarded to Tri County Equipment Sales L.L.C. in the amount of $370,000). The Public Utilities Board recommends approval (7-0).

D.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Farmers Branch, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Farmers Branch contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5124-Interlocal Agreement with City of Farmers Branch).

E.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract with the Buy Board Cooperative Purchasing Network for the acquisition of Two Haul Trailers for the Solid Waste Department and the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a Street Sweeper for the City of Denton Drainage Department; and providing an effective date (File 5123-Purchase of a Street Sweeper awarded to TYMCO, Inc. in the amount of $188,095.50 and Two Haul Trailers awarded to Rush Truck Centers of Texas, Inc. in the amount of $161,309 for a total award of $349,404.50). The Public Utilities Board recommends approval (7-0).

F.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract through The Cooperative Purchasing Network (TCPN) for the acquisition of Maintenance, Repair and Operations Supplies for the City of Denton Distribution Center; and providing an effective date (File 5050-Purchase of Maintenance, Repair and Operations Supplies for the Distribution Center awarded to Fastenal Company in the annual estimated amount of $105,000).

G.

Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Vehicle Global Positioning System (GPS) for the City of Denton Solid Waste Department as awarded by the State of Texas (Contract TXMAS-4-6611Q010); providing for the expenditure of funds therefor; and providing an effective date (File 5135-Vehicle Global Positioning System for Solid Waste Department awarded to Trimble Navigation Limited in the amount of $167,529.20). The Public Utilities Board recommends approval (7-0).

H.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with Merje Design for consulting services related to the Wayfinding Signage Project for the City of Denton Planning Department; and providing an effective date (RFQ 4938-Wayfinding Signage Project for City of Denton awarded to Merje Design in the amount of $119,205).

I.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with Kimley Horn and Associates, Inc. for engineering services related to the design and construction of the Southwest Elevated Storage Tank project; and providing an effective date (File 5134-Engineering Services for Design and Construction of the Southwest Elevated Storage Tank Project awarded to Kimley Horn and Associates, Inc. in the amount of $325,000). The Public Utilities Board recommends approval (7-0).

J.

Consider adoption of an ordinance accepting competitive proposals and awarding a Public Works Contract for the construction of a concrete and masonry fence at the City of Denton Bonnie Brae Substation; providing for the expenditure of funds therefor; and providing an effective date (RFP 5063-awarded to Zagros Construction Company in the amount of $388,849.10). The Public Utilities Board recommends approval (7-0).

K.

Consider adoption of an ordinance providing for, authorizing, and approving the expenditure of funds for the purchase of protective relay, control, monitoring, metering, software, integration, accessories and devices manufactured by Schweitzer Engineering Laboratories (SEL), which are available from only one source, KD Johnson, Inc., and in accordance with Chapter 252.022 of the Texas Local Government Code, are exempt from the requirements of competitive bidding; and providing an effective date (File 5024-Purchase of Protective Relay Equipment for Municipal Electric in an amount not to exceed $2,510,000). The Public Utilities Board recommends approval (7-0).

L.

Consider adoption of an ordinance accepting competitive proposals and awarding an initial one (1) year  contract with the option to extend for four (4) additional one (1) year periods for individual and aggregate  stop loss insurance for the City of Denton’s Self-Funded Health Benefits Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 5084-Individual and Aggregate Stop Loss Insurance for City of Denton awarded to Sun Life Financial, Inc. in the annual estimated amount of $975,000 for a five year estimated expenditure of $4,875,001).

M.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of 69kV and 138kV Aluminum Pipe Bus for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5072-Electric Utility 69kV and 138kV Aluminum Pipe Bus awarded to Techline, Inc. in the not to exceed amount of $380,000).  The Public Utilities Board recommends approval (7-0).

N.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Polymer Station Class Arresters for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5073-Supply of Electric Utility Polymer Station Class Arresters awarded to Stuart C. Irby Company in the not to exceed amount of $160,000).  The Public Utilities Board recommends approval (7-0).

O.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of galvanized steel transmission poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5079-Single Purchase of Electric Utility Galvanized Steel Transmission Poles awarded to Falcon Steel Company in the not to exceed amount of $751,033).  The Public Utilities Board recommends approval (7-0).

P.

Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Health Insurance Fund of nine hundred thousand dollars ($900,000) from the previously amended budget amount of nineteen million, nine hundred fifty three thousand, one hundred thirteen dollars ($19,953,113) to twenty million, eight hundred fifty three thousand, one hundred thirteen dollars ($20,853,113) to provide for additional expenditure authority related to health care claims and fees; providing for retroactive approval, confirmation and ratification thereof; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing an effective date.

Q.

Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and Denton County, Texas for DME to update the electric utility facilities for the Denton County Jail Expansion Project and the Denton County Juvenile Probation and Detention Expansion Project; providing for an effective date.

R.

Consider approval of a resolution of the City of Denton, Texas relating to the issuance of refunding bonds and commercial paper by the Texas Municipal Power Agency and providing the approval of the City for the issuance thereof subject to certain parameters and conditions; providing for an effective date.

S.

Consider adoption of an ordinance of the City of Denton, Texas approving a "Memorandum of Understanding - Reverse Litter Campaign" by and between the Tarrant Regional Water District and the City of Denton, Texas to develop a reverse litter campaign; authorizing the City Manager or his designee to execute said Memorandum of Understanding on behalf of the City of Denton; providing for the expenditure of funds therefor; providing an effective date.  The Public Utilities Board recommends approval (7-0).

T.

Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the approval of an "agreement for construction, maintenance and operation of safety lighting systems within municipalities (University of North Texas pedestrian bridge agreement)" with the Texas Department of Transportation; providing for an effective date.

U.	Consider approval of a resolution regarding a Branding/Marketing Proposal presented by the Economic Development Partnership Board for a new Denton Airport Logo, Tag Line, Anthem and Name. The Economic Development Partnership Board recommends approval (9-0).

V.

Consider adoption of an ordinance granting to Oncor Electric Delivery Company LLC a non-exclusive franchise for the purpose of constructing, maintaining, and using an electric delivery utility system in the City of Denton; regulating the construction work done by the grantee in the City; requiring joint use of poles, trenches, and conduits in certain instances; prescribing the relationship and relative rights between grantee and others with respect to construction in the City and location of facilities; prescribing the duties, responsibilities, and rule making authority of the City Manager and the City with respect to administration of this franchise; requiring certain records and reports and providing for inspections and location of principal offices; reserving to the governing body of the City the right to set charges and rates of grantee; providing the rights and responsibilities of the governing body in setting the rates; providing for enforcement of the franchise; prescribing the compensation to the City from the grantee for the franchise privilege; providing for assignment of the franchise; providing indemnity of the City and its employees; providing for good faith effort; providing for insurance; setting forth the term of the franchise and its renewal; repealing Ordinance No. 2001-405 as amended; providing for acceptance of the franchise by grantee; finding that the meeting at which this Ordinance is passed is open to the public; providing for severability; and providing an effective date. (Final Reading)

W.

Consider approval of a resolution by the City Council of the City of Denton, Texas supporting the energy efficiency goals established in Senate Bill 898 enacted by Texas Legislature during the 82nd Legislative Session of 2011; providing for an effective date.  The Council Committee on the Environment recommends approval (3-0).

X.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), and Weldon Wilson and wife, Terri Wilson (collectively, the "Seller"), contemplating the sale by Seller and purchase by City of a 2.123 acre tract of land, more or less, being generally located at S. Mayhill Road north of Gayla Drive, in the Gideon Walker Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas (the "Property Interests"); for the purchase price of One Hundred Thirteen Thousand Seven Hundred Fifty One and No/100 Dollars ($113,751.00) for landfill operations; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date.

Y.

Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation Agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-7, consisting of approximately 143 acres of land located on the east and north sides of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive, and more specifically identified in Exhibit "A" attached thereto; providing for severability; and providing an effective date.

Z.

Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation Agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-9, consisting of approximately 298 acres of land located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically identified in Exhibit "A" attached thereto; providing for severability; and providing an effective date.

AA.

Consider adoption of an ordinance providing for acceptance of eligible Non-Annexation Agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-12, consisting of approximately 1,154 acres of land located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west of S. Trinity Road, and more specifically identified in Exhibit "A" attached thereto; providing for severability; and providing an effective date.

BB.

Consider adoption of an ordinance approving a Letter Amendment to the Transmission Operator Consulting Services Agreement dated January 1, 2012, wherein the City of Denton, Texas is continuing the services of the Garland Power & Light as its Transmission Operator; authorizing the expenditure of funds therefor; providing an effective date.

CC.

Consider adoption of an ordinance of the City of Denton, Texas, 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 Haeussler Properties, LP, a Texas limited partnership (the "Seller"), contemplating the sale by Seller and purchase by City of a 1.968 acre tract of land, more or less, being generally located in the 1200 block of South Mayhill Road in the M.E.P. & P.R.R. CO. Survey, Abstract No. 927 in the City of Denton, Denton County, Texas (the "Property Interests"); for the Purchase Price of Two Hundred Sixty Three Thousand and No/100 Dollars ($263,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Parcel M120 - Mayhill Road Widening and Improvements project)

A.

Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of Tax Increment Reinvestment Zone Two for an industrial district of Denton, Texas; establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date.

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating portions of certain retail establishments, public buildings, and food establishments as nonsmoking areas; providing notification requirements; prohibiting smoking in designated nonsmoking areas; providing exceptions; providing penalties; providing a severability clause, repealing Ordinance 86-69, Ordinance 93-193 and Chapter 14 Article IV (Smoking) of the Code of Ordinances, and any other ordinance in conflict herewith; and providing for an effective date.

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions, and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date. (DCA12-0005)

A.	Consider approval of a resolution regarding the 2013 State Legislative Program of the City of Denton for the 83rd Texas Legislature and providing for an effective date.

B.

Consider approval of a resolution of the City of Denton, Texas, in support of the passage of legislation during the 83rd State Legislative Session that will create an additional exemption to the "Vested Rights" Law, Texas Local Government Code, Chapter 245, which will allow local governments to enact ordinances relating to health and safety regulations as applied to gas drilling and production activities; and providing for an effective date.

C.

Consider adoption of an ordinance amending Ordinance No. 2012-024, as amended by Ordinance Nos. 2012-126 and 2012-131, establishing a moratorium on certain gas well permits for gas well drilling and production activities within the corporate limits of the City of Denton, Texas, providing for an extension of the moratorium, providing a cumulative clause, providing a severability clause, and providing an effective date.

D.	Consider appointments to the Denton County Housing Finance Corporation.

A.

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.

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