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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 Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1.

Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a tract of land, located in the N. H. Meisenheimer Survey, Abstract Number 810, City of Denton, Denton, County, Texas, and located generally in the 3800 block of Elm Street south of Riney Road, and north of North Lakes Park.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property 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 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.

2.

Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1475, City of Denton, Denton County, Texas, and located generally along the 2500 block of East McKinney Street. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property 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 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 proceeding 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 in the R. B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas, and located generally along the south line of Virginia Circle, just south of University. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property 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 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 proceeding or potential litigation.

4.

Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally in the 3600 block of Roselawn Drive); (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); (3) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2400 block of South Bonnie Brae Street); and (4) in the James Edmonson Survey, Abstract Number 400, the James L. Harris Survey, Abstract Number 555, and the William Roark Survey, Abstract Number 1087, Denton County, Texas (located generally in the 4500 block of South Bonnie Brae Street), 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 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.

B.	Deliberations regarding Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1.

Receive a presentation from Denton Municipal Electric staff and a Texas Municipal Power Agency ("TMPA") Board Member regarding public power utility competitive, financial and commercial matters pertaining to TMPA, a Joint Powers Agency, being a generation resource owned in common by the City of Denton, Texas, which holds a 21.3% interest in the same; including without limitation, plans, proposals, system improvements, fuel contracting, fuel transportation contracts, other contracting issues, the fixed and variable costs of operation of the generation unit, and capital improvement plans for the generation unit.  Discuss, deliberate and provide Staff with direction.

C.	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.

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.

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.	Yards of the Month

2.	Achievement in Excellence in Procurement Award

3.	Massage Therapy Awareness Week

A.

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.

B.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed $286,759; and providing for an effective date.

C.

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.

D.

Consider a request for an exception to the Noise Ordinance for the purpose of an increase in decibels for amplified music for Fry Street’s First Annual Wake Poolooza, to be held between addresses 101-125 Avenue A, on Saturday, October 20, 2012, beginning at 3 p.m. and concluding at 10 p.m. This request is for an extension of decibels for amplified sound from the allowable 70 to 75 decibels. Staff recommends approving the amplified sound to 75 decibels.

E.

Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2010-293 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date.

F.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to enter into an Interlocal Agreement with the North Central Texas Council of Governments for the cooperative purchasing of actuarial shared services associated with other post-employment benefits as defined by Governmental Accounting Standards Board (GASB) Statement Number 45; providing a savings clause; and providing an effective date.

G.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to 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 substation siting and environmental assessment study for the construction of the McKinney Substation and the Audra Substation for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (File 4995-in the additional amount of not-to-exceed $75,000 for a total award of $290,515). The Public Utilities Board recommends approval (5-0).

H.

Consider adoption of an ordinance approving the expenditure of funds for Outside Metal-Enclosed Switchgears (OMCSWG) for the City of Denton Pockrus and McKinney Substations available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5027-awarded to S&C Electric Company, in the amount of $279,750). The Public Utilities Board recommends approval (5-0).

I.

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 Section 125 Plan Administration of unreimbursed health care and dependent care accounts for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5047-awarded to PayFlex Systems USA, Inc., in the annual estimated amount of $62,118 and a five-year estimated expenditure of $310,590).

J.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,240) The Hotel Occupancy Tax Committee recommends approval (3-0).

K.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,580)  The Hotel Occupancy Tax Committee recommends approval (3-0).

L.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($733,100)  The Hotel Occupancy Tax Committee recommends approval (3-0).

M.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,010)  The Hotel Occupancy Tax Committee recommends approval (3-0).

N.

Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center, and Outhouse Museums; and providing an effective date. ($108,570)  The Hotel Occupancy Tax Committee recommends approval (3-0).

O.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($14,590)  The Hotel Occupancy Tax Committee recommends approval (3-0).

P.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,820) The Hotel Occupancy Tax Committee recommends approval (3-0).

Q.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. ($117,780)  The Hotel Occupancy Tax Committee recommends approval (3-0).

R.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($7,640)  The Hotel Occupancy Tax Committee recommends approval (3-0).

S.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association, Inc., d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,010)  The Hotel Occupancy Tax Committee recommends approval (3-0).

T.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

U.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,620)  The Hotel Occupancy Tax Committee recommends approval (3-0).

V.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Susan G. Komen for the Cure Advocacy Alliance (North Texas Affiliate) for the payment and use of hotel tax revenue; and providing an effective date. ($10,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

W.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,610)  The Hotel Occupancy Tax Committee recommends approval (3-0).

X.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers’ Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

Y.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 3.480 acre tract located in the City of Denton, Denton County, Texas, and situated in the M.E.P. & 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 and made a part thereof, located generally along 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 (1) Gary Dennis Dillard (the "Owner"); (2) successors in interest to the owner to the Property Interests; or (3) any other owners of the Property Interests, 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 "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. (69kV Transmission Line Re-build Project)

Z.

Consider adoption of an ordinance approving an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount in the amount of $847,511.73 between the City of Denton and the State of Texas for the removal of medians and the placement of temporary pavement along U.S. Highway 380 from east of Bonnie Brae Street to U.S. Highway 377 in the City of Denton, authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton and to expend funds as necessary under said agreement; and declaring an effective date.

AA.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 1.9088 acre tract located in the City of Denton, Denton County, Texas, and situated in the R. B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally along the south line of Virginia Circle, just south of University, (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 (1) C. S. Residential, Inc. (the "Owner"); (2) successors in interest to the owner to the Property Interests; or (3) any other owners of the Property Interests, to purchase the Property Interests for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents ($228,652.00), and other consideration as prescribed in the Contract of Sale (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. (69kV Transmission Line Re-build Project Parcel 27 Purple Route)

BB.	Consider adoption of an ordinance of the City of Denton, Texas approving the "Wholesale Wastewater Treatment Services contract between the cities of Denton and Corinth, Texas;" authorizing the expenditure of funds therefor; and providing an effective date.

CC.	Consider approval of the minutes of: September 11, 2012 September 18, 2012 October 1, 2012 October 2, 2012

DD.	Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date.

EE.

Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to pay and deposit the sum of $250,000 in escrow with the Electric Reliability Council of Texas (ERCOT), as financial assurance regarding the auction of congestion revenue rights and pre-assigned congestion revenue rights pursuant to ERCOT Nodal Protocol Revision Request (NPRR 400), to be held by ERCOT pending the future congestion revenue rights auctions; and providing an effective date.

FF.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 4.69 acre tract; (II) a utility and slope easement encumbering 0.56 acre; and (III) a utility and drainage easement encumbering a 0.02 acre, said tracts located in the A. Tompkins Survey, Abstract Number 1246, and located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2400 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 (1) Harlan Properties, Inc. (the "Owner"); (2) successors in interest to the owner to 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 One Hundred Fifty Thousand One Hundred Sixty Three Dollars and No Cents ($150,163.00), 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. (Bonnie Brae Widening and Improvements project - Parcel 25)

GG.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 5.59 acre tract; (II) a drainage easement encumbering 1.7 acre; (III) a slope easement encumbering 2.83 acres; and (IV) a temporary construction, grading and access easement encumbering a 0.06 acre tract, said tracts located in the William Roark Survey, Abstract Number 1087, James L. Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number 400 and located in the City of  Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 4500 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 (1) Richard A. Gray, Jr. (the "Owner"); (2) successors in interest to the owner to 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 Three Hundred Twenty Two Thousand Nine Hundred Nineteen Dollars and No Cents ($322,919.00), 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. (Bonnie Brae Widening and Improvements project - Parcel 39)

A.

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 Rayzor Investments Ltd., ( as "Seller") contemplating the sale by Seller and purchase by City of  a called 26.6002 acre tract of land more or less, for the purchase price of One Million Dollars and No/100 ($1,000,000.00), said Real Property being generally located in the 3800 block of Elm Street south of Riney Road, and north of North Lakes Park, and located in the N.H. Meisenheimer Survey, Abstract Number 810, 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.

B.	Consider approval of a resolution naming the proposed athletic complex at North Lakes Park after G. Roland Vela.

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

1.	Health & Building Standards Commission

2.	Human Services Advisory Committee

3.	Parks, Recreation and Beautification Board

4.	Public Art Committee

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.