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

1.

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.

2.

Consultation with the City’s attorneys regarding legal issues associated with the creation of a public improvement district for the Rayzor Ranch mixed-use development, 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 potential litigation.

3.

Consult with City’s attorneys regarding legal rights, restrictions and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, where a public discussion of such legal matters 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, and where such matters may become an issue in potential litigation.

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 fee acquisition of a tract of land for public purposes situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, generally located in the 650 block of South Mayhill Road.  Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the 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 regarding expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility.

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 William Roark Survey, Abstract No. 1087, the James L. Harris Survey, Abstract No. 555, and the J. Edmonson Survey, Abstract No. 401, Denton County, Texas, and located generally at the northeast and southeast corners of the intersection of Vintage Boulevard and Bonnie Brae Street, and (2) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street), 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.

3.

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, and located generally in the 200 block of North Mayhill Road and (2) in the Morreau Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, and located generally in the 600 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.

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.

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.	America Recycles Day

2.	Presentation of the Texas Association of Telecommunications Officers and Advisors (TATOA) awards

A.	Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date.  The Audit/Finance Committee recommends approval (3-0).

B.

Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,961,218 to facilitate the purchase of General Fund vehicles and equipment, and providing an effective date.

C.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of four ambulances for the City of Denton Fire Department; and providing an effective date (File 5080-Purchase of Four Frazer Type I Ambulances awarded to Knapp Chevrolet in the amount of $636,500).

D.

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 four dump trucks for the City of Denton Streets Department; and providing an effective date (File 5098-Purchase of Four Dump Trucks for City of Denton Streets Department awarded to Rush Truck Center, Crane in the amount of $534,108).

E.	Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date.

F.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement for Four Hundred Seventy-Two Thousand One Hundred Forty Dollars And Fifteen Cents ($472,140.15) from the Texas Department of Housing and Community Affairs Emergency Solutions Grant Program (previously known as Emergency Shelter Grant program) and take all other actions necessary; and providing for an effective date.

G.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 5083-Electrical Energy Transmission Fees for fiscal year 2012-13 in the total amount of $1,677,079.53).  The Public Utilities Board recommends approval (6-0).

H.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the State of Texas Smart Buy Program and the Houston Galveston Area Council of Governments (H-GAC) for the acquisition of a Utility Truck and Fluid Excavator for the City of Denton Wastewater Department; and providing an effective date (File 5081-Purchase of Utility Truck from Sam Pack’s Five Star Ford (Texas Smart Buy) in the amount of $73,608.88 and Fluid Excavator (H-GAC) from EKA, Inc. in the amount of $69,505.01 for a total award of $143,113.89. The Public Utilities Board recommends approval (6-0).

I.

Consider adoption of an ordinance accepting competitive bids by way of an interlocal cooperative purchasing program participation agreement with the Lower Colorado River Authority pursuant to Section 271.102 of the Texas Local Government Code, for the purchase of high voltage circuit breakers; providing for the expenditure of funds therefor; providing an effective date (File 5095-Interlocal Cooperative Purchasing Program Participation Agreement for the purchase of electrical equipment with the Lower Colorado River Authority awarded to Siemens Energy, Inc. in the estimated amount of $4,712,560). The Public Utilities Board recommends approval (6-0).

J.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract  by and between the City of Denton, Texas and G2 Electrical Testing and Consulting, LLC., a Texas Limited Liability Corporation, for highly technical personal services related to the protection and control  of electric infrastructure to be rendered to the City of Denton, Texas (Denton Municipal Electric); authorizing the City Manager to expend funds therefor in accordance with the contract; and providing an effective date (File 5058-G2 Electrical Testing and Consulting, LLC. in an amount not-to-exceed $1,035,573). The Public Utilities Board recommends approval (6-0).

K.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and Black & Veatch, Inc. for electric design and engineering services for a relay coordination study incident to the Denton Municipal Electric Transmission System; authorizing the expenditure of funds therefor; providing an effective date (File 5089-in an amount not-to-exceed $564,000). The Public Utilities Board recommends approval (6-0).

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 the sale of City of Denton scrap electrical wire, metals, electric meters and water meters to Fulton Supply and Recycling, Inc.; and providing an effective date (RFP 5022-awarded to Fulton Supply and Recycling per the contract pricing shown on Exhibit A).

M.

Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 13 (Food and Food Service Establishments) of the City of Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and making related deletions and amendments thereto; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date.

N.

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, by and between the City of Denton (the "City"), and CS Residential, Inc. (the "Seller"), contemplating the sale by Seller and purchase by City of a 1.926 acre tract of land, for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two  Dollars and No Cents ($228,652.00), said real property being generally located along the south line of Virginia Circle, south of University and located in the R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transactions contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project Parcel 27 Purple Route) The Public Utilities Board recommends approval (5-0).

O.

Consider approval of a resolution of the City of Denton, Texas, approving the implementation of a public involvement process for upcoming Denton Municipal Electric Capital Improvement Projects for the siting of electric substations and the routing of electric transmission lines; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

P.

Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais and More on November 15, 2012, 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.  Staff recommends allowing alcohol to be sold in the Civic Center for the Beaujolais event.

Q.	Consider approval of the minutes of: October 16, 2012. October 29, 2012

R.

Consider adoption of an ordinance approving a pipeline crossing contract by and between the City of Denton, Texas and the Kansas City Southern Railway Company relating to the location of a City water pipeline within railroad right-of-way, located immediately south of said railroad right-of-way’s intersection with US Highway 380 at mile post 105.88, alliance subdivision within the county and City of Denton Texas; authorizing the expenditure of funds therefor; and providing an effective date.  The Public Utilities Board recommends approval (7-0).

S.

Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Children’s Advocacy Center for Denton County, Incorporated for providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for the expenditure of funds therefor; and providing for an effective date.

T.

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 hereto and made a part hereof as Exhibit "A", by and between the City of Denton (the "City"), and Unified Aircraft Service, Inc., a California Corporation (the "Seller"), contemplating the sale by Seller and purchase by City of a 5.140 acre tract of land more or less, being generally located in the 650  block of Mayhill Road and known as Lot 1, Block A, of Mayhill Road Addition, an Addition to the Extraterritorial Jurisdiction of the City of Denton, Denton County, Texas (the "Property Interests"); for the purchase price of Two Million Seven Hundred Ninety Five Thousand Dollars and No/100 dollars ($2,795,000.00); 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; authorizing, to the extent applicable, relocation expenditures; and providing an effective date.

U.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between Joab Partners, L.P., a Texas limited partnership, as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the Sale and Purchase of fee simple to a 0.58 acre tract situated in the James L. Harris Survey, Abstract No. 555 and the William Roark Survey, Abstract No. 1087 and located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally northeast of the intersection of South Bonnie Brae Street and Vintage Parkway (the "Property Interests"), for the purchase price of Eighty Six Thousand, Six Hundred Thirteen Dollars and No Cents ($86,613.00), and other consideration, as prescribed in the Purchase Agreement; 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 Purchase Agreement; authorizing the expenditure of funds therefore; and providing an effective date. (Bonnie Brae Widening and Improvements project - Parcel 58)

V.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between Joab Partners, L.P., a Texas limited partnership, as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the Sale and Purchase of fee simple to a 0.73 acre tract situated in the James L. Harris Survey, Abstract No. 555, the J. Edmonson Survey, Abstract 401 and the William Roark Survey, Abstract No. 1087 and located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally southeast of the intersection of South Bonnie Brae Street and Vintage Parkway (the "Property Interests"), for the purchase price of Fifty Three Thousand, Three Hundred Eighty Seven Dollars and No Cents ($53,387.00), and other consideration, as prescribed in the Purchase Agreement; 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 Purchase Agreement; authorizing the expenditure of funds therefore; and providing an effective date. (Bonnie Brae Widening and Improvements project - Parcel 60)

W.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.121 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 200 block North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) D.J. Halsey or Katherine H. Halsey, Trustees, or their successors in trust, under the Don and Kay Halsey Living Trust (the "Owner"); (2) successors in interest to the owner of the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the Purchase Price of Thirty Four Thousand Nine Dollars and No Cents ($34,009.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M077)

X.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.586 acre tract located in the Morreau Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 600 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Miles Land Company, Inc., a Texas corporation (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other Owner’s of the Property Interests, as may be applicable, to purchase the Property Interests for the Purchase Price of Sixty Three Thousand Six Hundred Ninety One Dollars and No Cents ($63,691.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and providing and effective date. (Mayhill Road Widening and Improvements project - Parcel M104)

Y.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.156 acre tract located in the Morreau Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 600 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kukahi Corporate Solutions, Inc., a Texas corporation (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other Owner’s of the Property Interests, as may be applicable, to purchase the Property Interests for the Purchase Price of Twenty Five Thousand Seven Hundred Three Dollars and No Cents ($25,703.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and providing and effective date. (Mayhill Road Widening and Improvements project - Parcel M105)

A.	Consider nominations/appointments to:

1.	Human Services Advisory Committee

2.	Parks, Recreation and Beautification Board

B.

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.  (First Reading)

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No 99-205 to amend the concept plan for 27.945 acres located within Planned Development 174 (PD-174) zoning district; generally located on the north side of Crawford Road, and the west side of John Paine Road, being north and west of the Town of Argyle, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (PDA 12-0001)  The Planning and Zoning Commission recommends approval (7-0).

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinances 99-205 and 99-350 to amend the detailed plan for 108.3 acres located within Planned Development 174 (PD-174) zoning district; generally located on the north side of Crawford Road, and the west side of John Paine Road, being north and west of the Town of Argyle, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.  (PDA 12-0002)  The Planning and Zoning Commission recommends approval (7-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending an overlay district and approving an amendment to the First United Methodist Church Special Sign District for 4.141 acres of land which is 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 a severability clause and an effective date.  (SD 12-0001)  The Planning and Zoning Commission recommends approval (6-0-1).

D.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a initial zoning designation of Industrial Center General (IC-G) zoning district classification and use designation, on 25.03 acres of land located east of Corbin Road and south of Shelby Lane; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.  (Z12-0008)  The Planning and Zoning Commission recommends approval (7-0).

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.