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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 the status and possible resolution of pending litigation styled Steen v. Langford, et al., Cause No. CV-2010-00528, now pending before the County Court at Law #2, Denton County, Texas; 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.

B.	Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 551.086.

1.

Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of fee lands for public purposes situated in the T.M. Downing Survey, Abstract Number 346, the M.E.P. & P.R.R. Company, Abstract Number 927, and the M.E.P. & P.R.R. Company, Abstract Number 1475, all in the City of Denton, Denton County, Texas; and 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 Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.

C.	Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1.

Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.

D.	Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1.

Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

E.	Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1.

Receive a report and hold a discussion regarding legal issues on matters regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard where such discussion presents a conflict between the duty of the City’s attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.  Also hold a discussion regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard, including financial information related to such activities from a business prospect.

F.	Consultation with Attorneys - Under Texas Government Code, Section 551.071; 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 (1) in the O.S. Brewster Survey, Abstract No. 56, located generally in the 1700 block of South Bonnie Brae Street; and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of South Bonnie Brae Street, all property interests within the City of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests described 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 the 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 proceeding 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 No. 1469, located generally in the 1500 block of North Mayhill Road; and (2) in the M.E.P. & P. R.R. Co. Survey, Abstract No. 927, located generally in the 1000, 1100 and 1200 blocks of South Mayhill Road, all property interests within the City of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests described 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 the 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 proceeding or potential litigation.

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 the re-appointment by the City Manager of Paul Abbott to the Civil Service Commission.

B.

Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 15 - 16, 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.  The Parks, Recreation and Beautification Board recommends approval (4-0).

C.

Consider a request for an exception to the Noise Ordinance for the purpose of the 14th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 15, 2012, from 1:00 p.m. to 10:30 p.m. and Sunday, September 16, 2012, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and for amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert.

D.	Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to the Meet and Confer Agreement between the City of Denton and the Denton Firefighters Association and providing an effective date.

E.

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) Contract FS12-11 for the acquisition of a Pierce Velocity Custom Pumper Truck EP/357 for the City of Denton Fire Department; and providing an effective date (File 4992 - Pumper Truck for Fire Department awarded to Siddons-Martin Emergency Group in the amount of $543,503).

F.

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 POWER Engineers, Inc. for Electric Design and Engineering Services pertaining to a Transmission Line Routing Study and Environmental Assessment Study for Reconstruction of the Hickory Substation to Locust Substation Transmission Line for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (File 4995 in an amount not-to-exceed $215,515). The Public Utilities Board recommends approval (6-0).

G.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Sawko & Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of the City of Denton; and establishing an effective date.

H.

Consider adoption of an ordinance accepting competitive bids and awarding a Four Year Contract for the purchase of Electric Polyvinyl Chloride (PVC) Conduit, Fittings and Accessories for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4976 - Four Year Contract for Electric PVC Conduit, Fittings and Accessories awarded to the overall lowest responsible bidder meeting specification Techline, Inc. for an annual estimated expenditure of $165,000 and a four year estimated total of $660,000).

I.

Consider adoption of an ordinance accepting sealed proposals and awarding a contract for Mowing Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4942 - Annual Contract for Mowing Services awarded to the best valued proposer for each section for an annual estimated expenditure of $268,982.00).

J.

Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a water main pro-rata reimbursement agreement between the City of Denton, Texas and Mary Bess Miller for reimbursement of the costs of building a water main, through pro-rata charges paid to the city; authorizing the transfer of funds pursuant to the agreement; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

K.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 3.480 acre tract located in the M.E.P. and P.R.R. Co. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of East McKinney Street (the "Property Interests"), for the Public use of expanding and improving electric utilities; authorizing the City Manager or his designee to make an offer to Gary Dennis Dillard, to purchase the Property Interests for the purchase price of Three Hundred Twenty Six Thousand, Two Hundred Eight Dollars and No Cents ($326,208.00), and other consideration, as prescribed in the Contract of Sale (the "Contract"), as attached thereto and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; repealing prior ordinance related to offer to purchase an easement from Owner (2012-079); and providing an effective date. (69kV Transmission Line Rebuild Project - Parcel P7)

L.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a professional services agreement (PSA) with Teague, Nall, and Perkins, Inc. for engineering services relating to the  Downtown Master Drainage Plan; and providing for an effective date (RFQ 4935 - awarded to Teague, Nall, and Perkins, Inc. in the amount of $103,900).

M.

Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so called), by and between John Staples Shockley, as Independent Executor of the Estate of Eliza T. Shockley, deceased, as owner, and the City of Denton, Texas, as buyer, regarding the sale and purchase of (i) fee simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13 acre tract; (iii) a slope easement encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and access easement encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally in the 1800 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway, for the purchase price of One Hundred Sixty One Thousand, Nine Hundred Seven Dollars and No Cents ($161,907.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date.

N.

Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so called), by and between Jean M.G. Tunnell, formerly known as Jean M. Goodson, as owner, and the City of Denton, Texas, as buyer, regarding the sale and purchase of (i) fee simple to a 0.08 acre tract; (ii) a utility and drainage easement encumbering a 0.04 acre tract; and (iii) a drainage easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A" to the Purchase Agreement, located generally in the 2200 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway, for the purchase price of Three Thousand Nine Hundred Seventeen Dollars and No Cents ($3,917.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date.

O.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) a utility and slope easement encumbering a 0.02 acre tract and a 0.03 acre tract, and (ii) a temporary construction, grading and access easement, encumbering a 0.06 acre tract and a 0.02 acre tract, all tracts located in the City of Denton, Denton County, Texas, and situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A" attached to the ordinance located generally in the 1700 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Bettye L. Martin to purchase the Property Interests for the purchase price of Seven Thousand Sixty Nine Dollars and No Cents ($7,069.00), and other consideration, as prescribed in the Easement 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.

P.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering 0.33 acres; (iii) a drainage easement encumbering 1.35 acres; and (iv) a temporary construction, grading and access easement encumbering 0.03 acres, all lands located in Denton County, Texas, and situated in the James Edmonson Survey, Abstract Number 400, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 3100 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Jack Arlyn Parkes and wife, Betty Parkes to purchase the Property Interests for the purchase price of Two Hundred Fifty Five Thousand One Hundred Sixteen Dollars and No Cents ($255,116.00), 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.

Q.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.216 acre tract; and (ii) a temporary construction, grading and access easement, encumbering a 0.152 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1500 block of 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 Jerry M. Kelsoe to purchase the Property Interests for the purchase price of Two Hundred Ninety Nine Thousand Seven Hundred Ninety Six Dollars and No Cents ($299,796.00), 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; authorizing relocation expenditures; and providing an effective date.

A.	Consider appointments to Council committees.

B.	Consider nominations/appointments to the City’s Boards & Commissions.

1.	Airport Advisory Board

2.	Animal Shelter Advisory Committee

3.	Community Development Advisory Committee

4.	Health & Building Standards Commission

5.	Historic Landmark Commission

6.	Human Services Advisory Committee

7.	Library Board

8.	Parks, Recreation and Beautification Board

9.	Planning and Zoning Commission

10.	Public Art Committee

11.	Public Utilities Board

12.	Traffic Safety Commission

13.	Zoning Board of Adjustment

C.

Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 11, 2012, City Council public meeting agenda to adopt a 2012 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August 21, 2012, and August 28, 2012, and calling a budget public hearing on the Fiscal Year 2012-13 Annual Program of Services of the City of Denton to be held on August 21, 2012; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City’s Internet website; requiring the posting of the notice on the City’s public access channel; and providing an effective date.

D.

Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an agreement among and between the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City of Greenville, Texas regarding prepayment of fixed cost power purchase payments to be paid to the Texas Municipal Power agency; and providing an effective date. The Public Utilities Board recommends approval (6-0).

A.	Hold a public hearing concerning the proposed $20.4 million Bond Election to be held on November 6, 2012, and project recommendations developed by the Citizens Bond Advisory Committee.

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending Subchapter 35.12 of the Denton Development Code regarding allowing accessory structures to be located in the side yards of kindergarten, elementary, middle and high schools; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  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.