AGENDA
CITY OF DENTON CITY COUNCIL
October 11, 2011

After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a 2nd Tuesday Session on Tuesday, October 11, 2011 at 04:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, , Denton, Texas at which the following items will be considered:

After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in 2nd Tuesday Session on Tuesday, October 11, 2011 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen’s opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings.

Receive a report, hold a discussion and give staff direction regarding drafting a new Planned Development (PD) ordinance for inclusion within the Denton Development Code (DDC), with associated development standards. The discussion will include a general overview of the outline of the draft PD ordinance that will be included in the DDC.

Following the completion of the 2nd Tuesday Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.

1.	Closed Session

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

1. Consult with, and provide direction to, City’s attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of DH-12, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation.

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

1. Receive a briefing from Staff regarding public power competitive and financial matters regarding Wholesale Transmission Charges for September through December 1999; and consult with the City’s attorneys regarding legal issues involved in Public Utilities Commission of Texas Docket No. 20381 and 39066 and Cause No. 99-14787 that have resulted in a decision by the Supreme Court of Texas, styled Texas Municipal Power Agency et al. v. Public Util. Commission of Texas, 253 S.W.3d 184 (Tex. 2007), which has now resulted in a Stipulation disposing [I have deleted "all"] of the pending litigation regarding this matter, where a public discussion of this legal matter would conflict with the duty of the City’s attorneys to the City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Discuss, deliberate and provide Staff with direction.

Following the completion of the Closed Session, the Council will convene in a Special Called Session to consider the following:

Consider adoption of an ordinance amending a Service Plan adopted on August 16, 2011, for an area of land to be annexed to the City of Denton, Texas, pursuant to an annexation plan, generally identified as DH-12 consisting of approximately 1,167 acres located south of east University Drive, east of north Mayhill Road, north and south of Blagg Road, north and south of Mills Road and east and west of south Trinity Road, and more specifically identified and depicted in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas; providing for a savings clause; and providing an effective date.

Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the "Stipulation and Motion for Approval Thereon" regarding Public Utilities Commission of Texas Docket No. 39066 that involves the wholesale transmission cost payments for the period September 1, 1999 through December 31, 1999; authorizing the settlement of claims and authorizing the city’s legal counsel of record to execute and deliver the stipulation; authorizing the city manager to receive payments and to pay out the applicable payments in such amounts as provided in said stipulation; and providing an effective date.

C E R T I F I C A T E

I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2011 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.