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

1.

Consultation and receipt of information from the City’s attorneys regarding the present status of and possible alternatives to pursue regarding the pending rate litigation entitled: The University of North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV; and receive a Public Power competitive and financial matters presentation from Denton Municipal Electric staff regarding possible electric rate-setting factors and methodologies, and possible provisions of contracts for the sale of power by and between the City and the two State universities located in the City; discuss, deliberate, consider, and provide Staff with direction regarding these matters

2.

Receive a briefing from Staff regarding public power competitive and financial matters regarding Wholesale Transmission Charges for September through December 1999; and consult with the City’s attorneys regarding legal issues involved in PUCT Docket No. 20381 and 39066 and Cause No. 99-14787 that resulted in a decision by the Supreme Court of Texas, Texas Municipal Power Agency et al. v. Public Util. Comm’n of Texas, 253 S.W.3d 184 (Tex. 2007), which has resulted in a Stipulation disposing of the all pending litigation regarding this matter, 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 and provide Staff with direction.

B.	CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Section 551.071.

1.

Consult with and provide direction to the City’s attorneys associated with proposed enforcement related to sanitary sewer overflows and where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas and the City Council of the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2.

Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding potential litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes concerning franchise issues, 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

1.	Fire Prevention Week

2.	Presentation of the CLIDE Award for the Downtown Implementation Plan

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Alfred Sanchez regarding an exception to the Code to allow for housing for the homeless.

2.	Kirsten Bah regarding a smoke free Denton.

A.	Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions and Council Committees; and declaring an effective date.

B.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Brown Street and Preston Place 8 Inch Sanitary Sewer Replacements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4801-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $241,220). The Public Utilities Board recommends approval (6-0).

C.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Ruth Street 8 Inch Sanitary Sewer Replacement; providing for the expenditure of funds therefor; and providing an effective date (Bid 4802-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $187,025). The Public Utilities Board recommends approval (6-0).

D.

Consider adoption of an ordinance accepting competitive bids and awarding a one year contract for water and sewer inventory parts for the City’s Water and Wastewater departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4753-One Year Contract for Water and Sewer Inventory Parts awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $250,000).

E.

Consider adoption of an ordinance accepting competitive proposals and awarding a three year contract for traffic signal hardware for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4757-Three Year Contract for Supply of Traffic Signal Hardware awarded to the supplier that provided the best value for each item as shown on Exhibit A in the three year estimated amount of $725,000).

F.

Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4798-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $2,000,000).

G.	Consider adoption of an ordinance amending Ordinance Number 2001-406 of the Code of Ordinances of the City of Denton, Texas, relating to compensation paid to the City for use and occupancy of public rights-of-way by providers; providing a savings clause; and providing an effective date.

H.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, granting to Denton County Electric Cooperative, Inc., D/B/A CoServ Electric, its successors and assigns, the non-exclusive right to use and occupy rights-of-way within the City of Denton for the construction and operation of an electric transmission and distribution system; prescribing conditions governing the use of the public rights-of-way; providing for compensation therefor, providing for a term of said franchise, providing for written acceptance of this franchise; finding that the meeting at which this ordinance is passed is open to the public; providing for severability; and providing for an effective date.

I.

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 $2,070,092 to facilitate the purchase of General Fund vehicles and equipment, and providing an effective date.

J.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing Network and Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one Vacuum Truck, two Backhoe Loaders, and two Skid Steers for various City of Denton Utility Departments; and providing an effective date (File 4807-Truck and Heavy Equipment for Utility Departments awarded to Southwest International Trucks in the amount of $289,399.40, Holt-Cat in the amount of $173,016, and AG-Power Inc. in the amount of $75,402.17 for a total award amount of $537,817.57). The Public Utilities Board recommends approval (7-0).

K.	Consider adoption of an ordinance approving a lease agreement with Denton County for parking lot spaces located at the Williams Trade Square; providing a severability clause; and an effective date.

L.	Consider adoption of an ordinance approving a lease agreement with Wells Fargo Bank for parking lot spaces located at the Williams Trade Square; providing a severability clause; and an effective date.

M.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date.

N.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date.

O.

Consider adoption of an ordinance authorizing the City Manager to approve a fourth amendment to an Airport lease dated September 15, 1987 as amended by Ordinance 2010-297 dated September 7, 2010 and by Ordinance 2011-035 dated March 1, 2011 and by Ordinance 2011-097 between the City of Denton, Texas, and First Financial Resources, Inc. at the Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0).

P.	Consider adoption of an ordinance approving an Airport Safety Equipment Lease Agreement between the City of Denton, Texas and Jet Works Air Center; and, providing an effective date.  The Council Airport Committee recommends approval (2-0).

Q.

Consider adoption of an ordinance authorizing the City Manager to execute a Consent To Assignment and Assumption of Obligations between the City of Denton, Energy Assets Operating Company L.L.C. ("Energy Assets") and Legend Gathering Company L.L.C. ("Legend") consenting to the assignment of certain rights and obligations from Energy Assets to Legend related to Right Of Way License To Use Certain City Property For Placement of Transmission Pipelines, dated on or about October 26, 2007, from the City to Energy Assets; providing for severability and an effective date.

A.	Consider nominations/appointments to the City’s boards and commissions.

1.	Health & Building Standards Commission

2.	Public Art Committee

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

C.	Consider approval of a resolution confirming the appointment of Warren Lee Howell, by the City Manager, as Police Chief for the City of Denton Police Department, and declaring an effective date.

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas providing for the Ad Valorem taxation of tangible personal property in transit or "Super Freeport" goods pursuant to Section 11.253 of the Texas Tax Code; providing a severability clause; providing a repealer clause; authorizing the City Manager to forward said ordinance to the Denton Central Appraisal District; and providing for an effective date.  The Audit/Finance Committee recommends approval (3-0).

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Rural Residential 5 (RD-5) zoning district classification and use designation to Industrial Center General (IC-G) zoning district classification and use designation, on 29 acres of land legally described as Lot 1, Block B, Corbin Road Business Park Phase I, Lots 1-5, Block C, Corbin Road Business Park Phase II; Lots 1-6, Block A and Lots 6 and 7, Block C, Corbin Road Business Park, Phase III; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.  (Z11-0014)  The Planning and Zoning Commission recommends approval (5-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Rural Residential 5 (RD-5) zoning district classification and use designation to Industrial Center General (IC-G) zoning district classification and use designation, on 22.03 acres of land legally described as Lots 3-7, Block A, Corbin Road Industrial Park Phase I; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.  The Planning and Zoning Commission recommends approval (5-0).

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Donna Woodfork regarding bringing rental property up to code in Southeast Denton.

2.	Rebecca Murdock regarding a smoke free ordinance in Denton.

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.

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