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I.

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

1.

Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters regarding Request for Proposals No. 4859 issued by the City soliciting proposals for solar-generated energy and facilities for the City of Denton, Texas; discuss, deliberate, provide staff with direction, and consider such matters.  Consultation with the City’s attorneys regarding legal advice regarding the matters referenced above.  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.	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 potential purchase of certain real property interests located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 200 block of North Mayhill Road), 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.

C.	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.

D.	Personnel Matters - Under Texas Government Code Section 551.074.

1.	Hold a discussion and deliberate regarding the appointment, employment, evaluation, reassignment, duties, discipline, dismissal, or complaints as may impact the City Manager, the City Attorney, and the Municipal Court Judge.

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.	Dr. Bettye Myers Day

A.	Consider adoption of an ordinance rejecting any and all competitive proposals for RFP 4859-Solar Generated Energy and Facilities for the City of Denton, or take other appropriate action with regard to such proposals; and providing an effective date.

B.	Consider approval of a resolution of the City Council of the City of Denton, Texas approving the 2012 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date.

C.

Consider adoption of an ordinance approving assignment of a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and John K. Selvidge dated March 7, 1995 to Pedron Aircraft Works, L.L.C.; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

D.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of certified softball officiating services from the North Texas Umpire Association (NTUA), which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5152-Agreement with NTUA in the amount per game as specified in the agreement in the estimated annual award of $85,000 for a three year estimated expenditure of $255,000).

E.

Consider adoption of an ordinance accepting sealed proposals and awarding a contract for drug/alcohol testing services and physicals for the City of Denton; and providing an effective date (RFP 5019-Drug/Alcohol Testing Services and Physicals awarded to Occupational Medicine, Denton Regional Medical Center in the annual estimated amount of $34,930 for a five year estimated expenditure of $174,650).

F.

Consider adoption of an ordinance accepting sealed proposals and awarding a contract to provide Software and Related Services with SHI Government Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of Denton; and providing an effective date (RFP 5121-Microsoft Software Reseller and Related Services awarded to SHI Government Solutions, Inc. in the annual estimated amount of $95,000 for City of Denton expenditures, and a three year estimated expenditure of $285,000).

G.

Consider adoption of an ordinance of the City of Denton, Texas approving a Lease Agreement between the City of Denton, Texas and VOW 210 Hickory Partners, LLC for the lease of a portion of land located at the southwest corner of East Hickory and Industrial Streets, being situated within the H. Sisco Survey, Abstract Number 1184 and being described as part of Lot 3, Block 20 of the Original Town of Denton, for the construction, occupancy and maintenance of an outdoor patio, and providing an effective date.

H.

Consider adoption of an ordinance approving a development agreement with HMH Lifestyles, L.P., securing the costs to construct the unbuilt portions of the required perimeter wall for the Villages of Carmel, Phase III subdivision, pursuant to previously approved plans and permits, and authorizing permitting and construction of houses and infrastructure on the remaining unbuilt lots in that subdivision, in accordance with applicable building and development requirements; delegating authority to the City Manager to execute said Development Agreement on behalf of the City; and declaring an effective date.

I.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.388 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 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 (1) Kenneth L. Stoudt and wife, Gladys F. Stoudt (collectively 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 Twenty Five Thousand Three Hundred Seventy Seven Dollars and No Cents ($25,377.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a apart thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M074)

J.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.147 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.071 acre tract, all tracts 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 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 (1) Kenneth L. Stoudt and wife, Gladys F. Stoudt (collectively 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 Twenty Four Thousand Seven Hundred Twelve Dollars and No Cents ($24,712.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a apart thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M075)

K.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.106 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.106 acre tract, all tracts 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 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 (1) Kenneth L. Stoudt (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 Thirty Three Thousand One Hundred Three Dollars and No Cents ($33,103.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a apart thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M076)

A.

Consider approval of a resolution of the City Council of the City of Denton, Texas, requesting the Texas Legislature and the Governor of Texas to enact laws to reduce exploitative payday lending and auto title loan practices; requesting the Texas Municipal League to introduce and support such legislation; expressing support of the cities of Austin, Dallas, and San Antonio in their efforts to regulate these lending practices; and providing an effective date.

B.

Consider adoption of an ordinance amending Article VI "Neighborhood Empowerment Program" of Chapter 14 "Health and Human Services" of the City’s Code of Ordinances regarding the Neighborhood Empowerment Program’s purpose, establishment of a Neighborhood Empowerment Advisory Board, criteria and guidelines for the approval of matching contributions under applications by eligible persons under the program; setting forth additional details in relation to the program, providing a savings clause; and providing an effective date.

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 35.22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions, and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date. (DCA12-0005)

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 E R T I F I C A T E