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1. | Citizen Comments on Consent Agenda Items |
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.
2. | Requests for clarification of agenda items listed on the agenda for May 17, 2011. |
6. | Receive a report, hold a discussion, and give staff direction regarding the implementation of credit and collection procedures that were approved by the City Council on November 16, 2010. |
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. | Closed Meeting: |
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.
A. 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 consultation with the City’s attorneys regarding legal issues concerning the proposed Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC; 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. Receive a presentation, a status report thereon, and discuss, deliberate, consider and take action on the proposed Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC regarding public power competitive and financial issues and matters regarding the purchase of a portion of the City’s electrical energy requirements and related issues; discuss deliberate, consider and take action on the above-referenced Agreement.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with, and provide direction to, City’s attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations:
a. Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City’s regulatory authority, with regard to such issues and strategies;
b. Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations; and
c. Legal issues and strategies associated with the imposition, calculation and assessment of various local permitting and inspection fees as they relate to gas well drilling and production in the Denton city limits and extraterritorial jurisdiction.
2. Consult with, and provide direction to, City’s attorneys on legal issues associated with previous annexations of land, specifically including, but not limited to, legal and strategic issues associated with the modification, negotiation and enforcement of non-annexation agreements as they relate to building on lots within plats approved prior to the execution of non-annexation agreements, as well as more general legal and strategic issues relating to the annexation of such area.
3. Consult with City’s attorneys regarding litigation styled TransData, Inc. v. CenterPoint Energy Houston, LLC, et al., cause number 6:10-cv-557, currently pending in the Us District Court, Eastern District of Texas, and possible legal issues related thereto.
4. Consult with City’s attorney’s regarding legal issues associated with the referendum petition filed with the City Secretary on December 14, 2010.
1. | PLEDGE OF ALLEGIANCE |
A. U.S. Flag
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
2. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
1. Duck Derby Day
2. Civility Awareness Month
3. | CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - J). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - J below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. |
A. Consider adoption of an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties; and providing for an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the 2010-2011 Agreement Between the City of Denton and the Fred Moore Day Nursery School ("Original Agreement"), said Original Agreement contemplating the provision of Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County, Texas; and providing for an effective date.
C. Consider adoption of an ordinance accepting competitive bids and awarding a three-year contract for Landscaping and Sod Replacement Services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4673-Three-Year Contract for Landscaping/Sod Replacement Services awarded to the overall lowest responsible bidder meeting specification, Classic Landscapes, Inc. in the annual estimated amount of $110,000).
D. Consider adoption of an ordinance awarding the purchase of Disk Storage to replace the Storage Area Network (SAN) as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418; providing for the expenditure of funds therefor; and providing an effective date (File 4713-Disk Storage Purchase awarded to INX, Inc. in the amount of $130,618.09).
E. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Region VIII Education Service Center through the Interlocal Purchasing System (TIPS) Program under Section 271.102 of the Local Government Code, to authorize participation in various Region VIII Education Service Center contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4715-Interlocal Agreement with Region VIII Education Center Interlocal Purchasing System).
F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel, two pilot channels, an emergency spillway, and an outlet structure for the Strickland Jr. High Regional Detention Pond Drainage Improvements Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $212,406.45).
H. Consider approval of the minutes of: April 4, 2011 April 5, 2011
I. Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a second extension to the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities" entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said second extension and to expend funds as necessary; providing an effective date.
J. Consider adoption of an ordinance approving a "Second Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (providing for an additional $964,260 for additional services on the project-aggregating $3,703,360).
4. | ITEMS FOR INDIVIDUAL CONSIDERATION |
5. | PUBLIC HEARINGS |
6. | CONCLUDING ITEMS |
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
______________________________ CITY SECRETARY |