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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 Attorney - 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 certain real property interests located in the T. Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and generally located along the west side of North Locust Street between Hercules Lane and Loop 288.  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.

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 James Perry Survey, Abstract No. 1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton, Denton County, Texas, and generally located along Western Boulevard between Airport Road and Jim Christal Road. 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.

B.	Consultation with Attorney - Under Texas Government Code Section 551.071.

1.

Consultation with the City’s attorneys regarding legal advice pertaining to street maintenance fees where 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 City’s attorneys regarding legal issues and legal challenges arising out of municipal ordinances regulating the operation and location of credit access businesses, including Denton ordinance 2013-073 and possible amendments thereto, as well as the status and strategic considerations associated with litigation pending in the 16th District Court of Denton County, Texas styled ACE Cash Express v. City of Denton, cause no. 2013-10564-16.

3.

Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulations and Fire Code regulations relating to gas well drilling and production and safety issues regarding gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement.

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 adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 5388-Electrical Energy Transmission Fees for Fiscal Year 2013-14 in the total amount of $2,856,319.94).  The Public Utilities Board recommends approval (7-0).

B.

Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative Purchasing Program Agreement with the North Central Texas Council of Governments (NCTCOG) under Section 791.001 of the State of Texas Government Code, and to authorize the City of Denton to participate in the NCTCOG Cooperative Data Program; authorizing the expenditure of funds therefor; and declaring an effective date (File 5355-Cooperative Program Agreement with the North Central Texas Council of Governments for Cooperative Data Program (CDP) in the amount of $6,000).

C.

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) for the acquisition of  one (1) flushing/vacuum truck for the City of Denton Wastewater Collections department; and providing an effective date (File 5393-Purchase of Vacuum/Flushing Truck awarded to Rush Truck Center, Houston in the amount of $98,572 for the cab/chassis and GapVax, Inc. in the amount of $197,475 for the truck body for a total award of $296,047). The Public Utilities Board recommends approval (7-0).

D.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of DeSoto, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5368-Interlocal Agreement with the City of DeSoto).

E.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the North Central Texas Council of Governments (NCTCOG) under Section 791.001 of the State of Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5387-Interlocal Agreement with the North Central Texas Council of Governments for Electronic Warrant Payment Services).

F.

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 therefore, not to exceed $268,400; and providing for an effective date.

G.

Consider approval of the Public Art Committee’s recommendation to select Christie Wood as the artist for the sculpture of Pops Carter as public art for the City of Denton; and declare an effective date.  The sculpture will cost $29,200 and will be consistent with the City of Denton Public Art policy approved by Resolution R2013-021, and be funded with Hotel Tax revenues previously authorized and encumbered for such purpose. The Public Art Committee recommends approval with a vote of 6-0.

H.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute a Second Amendment to Interlocal Cooperation Agreement Street Right-of-way Use License (the "Amendment"), between the Denton County Transportation Authority ("DCTA") and the City of Denton, Texas ("CITY"), as attached hereto and made a part hereof as Exhibit "A", the amendment amending that certain Interlocal Cooperation Agreement Street Right-of-way Use License ("Interlocal Agreement"), by and between the City and DCTA, Amendment providing for additional street right-of-way of the CITY to DCTA to construct, operate and maintain bus shelters and related bus passenger amenities in locations more particularly described in the Amendment; and providing for an effective date.

I.

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 North Locust Properties, LLC (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of a 2.493 acre tract of land, more or less, situated in the T. Toby Survey, Abstract No. 1288, in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" to the Contract of sale (the "Property Interests"), for the purchase price of One Hundred Seventy Two Thousand Seven Hundred One and no/100 dollars ($172,701.00) (the "Purchase Price") authorizing the City Manager, or his designee, to make an offer to purchase the property interests from the Owner for such purchase price, and execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefore, and providing an effective date.  (The Public Utilities Board recommends approval (7-0).

J.

Consider adoption of an ordinance of the City of Denton, Texas, nunc pro tunc, correcting an inadvertent mistake in Ordinance No. 2004-233 relating to the authority of the Historic Landmark Commission, specifically its adoption of Section 35.7.6.10d of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violation thereof; providing for severability, savings and supersedure; and providing for an effective date.

K.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center for Entrepreneurship under Section 791.001 of the State of Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5382-Interlocal Agreement with the University of North Texas Murphy Center for Entrepreneurship for Leadership Development Training in the amount of $26,400).

A.	Consider appointments to the Citizens Bond Advisory Committee for the proposed 2014 Bond Election.

B.

Consider adoption of an ordinance authorizing execution of a franchise agreement with the City of Denton, acting through its electric utility, granting a franchise to maintain, and operate facilities within the City of Corinth for the delivery and sale of electricity; providing for the payment of a fee for the use of the public rights-of-way; providing that such fee shall be in lieu of other charges; setting forth the term of the franchise; providing for the ratification and retroactive approval of said agreement; and providing an effective date.  (First Reading)

A.

Hold a public hearing and consider adoption of an ordinance regarding a rezoning of approximately 75.3 acres from Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 3 (NR-3) zoning district.  The subject property is generally located on the south of Ryan Road, north of the Kansas City Southern Railroad, approximately 950 feet east of FM1830 and approximately 800 feet west of Forrest Ridge Road. (Z13-0006)  The Planning and Zoning Commission recommends approval (6-1).

B.	Hold a public hearing, hold a discussion, and give staff direction regarding the 2013 Water and Wastewater impact fee study.

C.	Hold a public hearing and consider approval of the proposed siting of an electric substation located east of Masch Branch Road and approximately 0.3 miles south of FM 1173 in the northwestern area of Denton Municipal Electric’s certificated service territory, in Denton County, Texas.

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.