4. CONSENT AGENDA
A. Consider adoption of an ordinance authorizing the City Manager, or his designee, to submit a letter to the Texas Comptroller pursuant to the requirements of Section 2206.101 of the Texas Government Code by informing the Comptroller that the City of Denton is authorized by the state to exercise the power of eminent domain and further stating each provision of law that grants the City eminent domain authority; and providing an effective date.
C. Consider approval of a resolution reappointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date.
D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc, for Engineering Services relating to the North-South Water Line Phases II and III project; and providing for an effective date (File 4978-awarded to Freese and Nichols, Inc. in the amount of $435,701). The Public Utilities Board recommends approval (6-0).
E. Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of the FM 2499 Utility Relocation project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4957-awarded to SMB Enterprises, Inc. in the amount of $192,989). The Public Utilities Board recommends approval (6-0).
F. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment of Contract of Sale, by and between the City of Denton ("City") and Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust ("Sellers"), amending a Contract of Sale (herein so called) contemplating the sale and purchase of fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property"); and providing an effective date.
G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract of Sale, by and between the City of Denton, Texas, as Buyer, and Dewitt S. Davenport, as Seller (herein so called), regarding the sale and purchase of fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, Known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the North Line of Paisley Street, West of Pace Drive (the "Property Interests"), for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale (the "Contract"), as attached hereto and made a part hereof as Exhibit "A"; authorizing the expenditure of funds therefore; authorizing relocation expenditures; and providing an effective date.
H. 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 Police Officers Association and providing an effective date.
I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.52 acre tract; (ii) a utility and slope easement, encumbering a 0.13 acre tract; (iii) a drainage easement, encumbering a 0.67 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.14 acre tract, all tracts located in the A.N.B. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2100 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 Milton B. Clearman and wife, Anita A. Clearman to purchase the Property Interests for the purchase price of Two Hundred Twenty Three Thousand Nine Hundred Six Dollars and No Cents ($223,906.00), and other consideration, as prescribed in the Purchase 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.
J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility slope easement, encumbering a 0.03 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 Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1900 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 Oren R. Thomas and Ruth A. Thomas, to purchase the Property Interests for the purchase price of Twenty Thousand Six Dollars and No Cents ($20,006.00), and other consideration, as prescribed in the Purchase 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.
K. Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to "Utilities," and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the Assistant City Manager of Utilities may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; and providing for an effective date. The Public Utilities Board recommends approval (5-0).
Jul 17, 2012 City Council Regular Meeting
4. CONSENT AGENDA
A. Consider adoption of an ordinance authorizing the City Manager, or his designee, to submit a letter to the Texas Comptroller pursuant to the requirements of Section 2206.101 of the Texas Government Code by informing the Comptroller that the City of Denton is authorized by the state to exercise the power of eminent domain and further stating each provision of law that grants the City eminent domain authority; and providing an effective date.
C. Consider approval of a resolution reappointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date.
D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc, for Engineering Services relating to the North-South Water Line Phases II and III project; and providing for an effective date (File 4978-awarded to Freese and Nichols, Inc. in the amount of $435,701). The Public Utilities Board recommends approval (6-0).
E. Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of the FM 2499 Utility Relocation project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4957-awarded to SMB Enterprises, Inc. in the amount of $192,989). The Public Utilities Board recommends approval (6-0).
F. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment of Contract of Sale, by and between the City of Denton ("City") and Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust ("Sellers"), amending a Contract of Sale (herein so called) contemplating the sale and purchase of fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property"); and providing an effective date.
G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract of Sale, by and between the City of Denton, Texas, as Buyer, and Dewitt S. Davenport, as Seller (herein so called), regarding the sale and purchase of fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, Known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the North Line of Paisley Street, West of Pace Drive (the "Property Interests"), for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale (the "Contract"), as attached hereto and made a part hereof as Exhibit "A"; authorizing the expenditure of funds therefore; authorizing relocation expenditures; and providing an effective date.
H. 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 Police Officers Association and providing an effective date.
I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.52 acre tract; (ii) a utility and slope easement, encumbering a 0.13 acre tract; (iii) a drainage easement, encumbering a 0.67 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.14 acre tract, all tracts located in the A.N.B. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2100 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 Milton B. Clearman and wife, Anita A. Clearman to purchase the Property Interests for the purchase price of Two Hundred Twenty Three Thousand Nine Hundred Six Dollars and No Cents ($223,906.00), and other consideration, as prescribed in the Purchase 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.
J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility slope easement, encumbering a 0.03 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 Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1900 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 Oren R. Thomas and Ruth A. Thomas, to purchase the Property Interests for the purchase price of Twenty Thousand Six Dollars and No Cents ($20,006.00), and other consideration, as prescribed in the Purchase 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.
K. Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to "Utilities," and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the Assistant City Manager of Utilities may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; and providing for an effective date. The Public Utilities Board recommends approval (5-0).
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