Clich here for Agenda Backup

A.	Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074.

1.	Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Manager, and Internal Auditor.

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 certain real property interests located in (1) the M. Yoachum Survey, Abstract No. 1442, City of Denton, Denton County, Texas (located generally along the 200 block of Mockingbird Lane); and (2) the E. Puchalski Survey, Abstract 996, City of Denton, Denton County, Texas (located generally in the 1300 block of Underwood 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.

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

1.	Consult with City’s attorneys regarding the status, strategy, mediation and possible resolution of litigation styled Sutton, et al. v. Walters, Cause Number 2011-60760-393.

2.	Consult with City’s attorneys regarding encroachments by other cities into Denton’s extraterritorial jurisdiction, and provide feedback and direction regarding the strategic abatement of these encroachments.

3.

Receive a briefing from, consult with and provide direction to the City’s attorneys regarding the processes associated with real property acquisitions and delegations of authority related thereto, utilizing the power of eminent domain, 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 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

4.	Consult with City?s attorneys regarding the city’s becoming a gas utility in a limited area of the city and the calling of an election regarding same.

C.	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.

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 to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $32,000,000 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

B.	Consider approval of a resolution regarding a Denton Airport Branding/Marketing Proposal presented by the Economic Development Partnership Board for a new Denton Airport Logo, Tag Line, Anthem and Name.  The Economic Development Partnership Board recommends approval (9-0).

C.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Department of Housing and Community Affairs Emergency Solutions Grant Program and take all other actions necessary to obtain and implement the program; and providing for an effective date.

D.	Consider approval of a resolution creating a special seven (7) member Oversight Committee to monitor, evaluate and report on progress of the Five Year Capital Improvement Program, which was approved by the voters at the Bond Election on November 6, 2012; and providing for an effective date.

E.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional and Personal Services Agreement with Power Engineers, Inc., a Corporation, for engineering and other related services for studies, consultation, and support during the site and route selection processes for transmission line and electric substation projects for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (File 5174-in an amount not to exceed $1,576,050.). The Public Utilities Board recommends approval (5-0).

F.

Consider adoption of an ordinance accepting competitive proposals and awarding a Public Works Contract for the construction of electric substations for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5142-awarded to Can-Fer Utility Services, LLC in an amount not to exceed $16,560,000). The Public Utilities Board recommends approval (5-0).

G.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of sanitary sewer root control services from Duke’s Root Control Inc., which is 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 4553-Purchase of Sanitary Sewer Root Control Services for the Wastewater Collections Department in the annual estimated amount of $90,000 for a three year total not to exceed $270,000).  The Public Utilities Board recommends approval (5-0).

H.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to an agreement with Trilliant Networks, Inc. for Phases IV and V of the Advanced Metering Infrastructure System (AMI); providing for the expenditure of funds therefor; and providing an effective date (RFSP 4485-Second Amendment to Agreement for Advanced Metering System Infrastructure awarded to Trilliant Networks, Inc. in the estimated amount of $2,867,738.87).  The Public Utilities Board recommends approval (7-0).

I.

Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 11, 2013, and if a runoff election is required, on June 15, 2013, for the purpose of electing Council Members to District 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Election Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing an effective date.

J.

Consider adoption of an ordinance ordering an election to be held on May 11, 2013 for the purpose of submitting to the registered voters of Denton, Texas a proposition allowing the City of Denton to own, acquire, construct, maintain, and operate a gas utility in that area of the City near the Airport Industrial Park and more specifically described in Exhibits "A" and "B" attached thereto and incorporated therein, for the purpose of providing gas utility services to non-residential customers; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form of the ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing an effective date.

K.

Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an engagement arrangement ("Engagement") with Kelsey, Kelsey & Hickey for legal services regarding property acquisitions and claims matters related to electric transmission line and electric substation purposes of Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date.

L.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), and CODELLA LLC (the "Seller") contemplating the sale by Seller and purchase by City of a 2.486 acre tract of land, more or less, situated in the T.M. Downing Survey, Abstract Number 346, 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 Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00); authorizing the City Manager, or his designee, to 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.

A.	Consider nominations/appointments to the City’s Boards and Commissions:

1.	Capital Improvement Program Oversight Committee.

2.	Tax Increment Reinvestment Zone Two Board of Directors

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.