A. PUB16-031 CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Sec. 552.071; CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS - Under Texas Government Code, Sec. 551.086.
Consult with the City's attorneys regarding the present status of the Denton Municipal Electric-Energy Management Organization operations regarding EEI contract negotiation, ISDA contract negotiation, and other related contracting issues; discuss, deliberate and provide the City's attorneys and staff with direction. A public discussion of this legal matter 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.
AIS
B. PUB16-032 CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Sec. 551.071.
Consult with the City's attorneys regarding the present status of the implementation of a new Pole Attachment License Agreement, a new City Right-of-Way Agreement, possible ancillary agreements and the status of claims for unpaid pole attachment fees by Verizon; discuss deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matters. A public discussion of this legal matter 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.
AIS
C. PUB16-033 CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Sec. 551.071.
Consult with the City's attorneys regarding the present status of pending litigation entitled: The City of Denton, Texas v. NRG Power Marketing, LLC, et al, Cause No. 15-01404-16, now pending before the 16th Judicial District Court in and for Denton County, Texas; 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 of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
AIS
CONSENT AGENDA
A. PUB16-025 Consider recommending approval to award a purchase agreement in the amount not to exceed $875,000, for a term of thirty-six (36) months, for the purchase of residential refuse and recycling carts and replacement parts, to Rehrig Pacific Company through the State of Texas's HGAC Cooperative Purchasing Program. (File 5997)
AIS
B. PUB16-030 Consider recommending approval of a Sponsored Research Agreement by and between the City of Denton, Texas and Southern Methodist University providing for the investigation of enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas, in an amount not-to-exceed $169,655; providing for the expenditure of funds therefor.
AIS
Exhibit 1 - Letter and Sponsored Research Agreement
Exhibit 2- Ordinance
C. PUB16-037 Consider recommending adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Caterpillar model 953D track loader for the City of Denton Drainage Department; and providing an effective date (File 6070-awarded to Holt Cat in the amount of $213,950)
AIS
File 6070- Exhibit 1 Track Loader
File 6070- Exhibit 2 Replacment Request Form
D. PUB16-038 Consider making a recommendation that the City Council approve a 3 year contract with Schweitzer Engineering Laboratories (SEL) for the purchase of SEL protective relay, control, monitoring, metering, software, integration, accessories, and devices which are available from only one source in the amount not to exceed $2,240,000. Chapter 252.022 of the Texas Local Government Code exempts such purchases from the requirements of competitive procurement. (File 6046)
AIS
Exhibit 1 - Price Sheet
Exhibit 2 - SEL Hardware 2016 AIS
Exhibit 3 - SEL Relay 2016
E. PUB16-040 Consider a recommendation of approval of a concurrent ordinance with the Cities of Bryan, Garland and Greenville, Texas electing the provisions of Subchapter C-1 of Chapter 163, Texas Utilities Code, providing for alternative governance of the Texas Municipal Power Agency; providing findings of fact; defining the boundaries of the agency; designating the name of the agency; and designating the number, place, terms, and manner of appointment of directors of the agency; providing a savings clause; providing a severability clause; providing for retroactive ratification, confirmation and approval thereof.
AIS
Exhibit 1 - Denton Version of TMPA Related Concurrent Ordinance-Election of Subchapter C-1
F. PUB16-041 Consider a recommendation of approval of a second supplemental and amended engagement letter with the law firm of David A. Portz, P.C., Attorney, Houston, Texas, for professional legal services to be provided to the Energy Management Organization of Denton Municipal Electric; in the not-to-exceed amount of $50,000; aggregating a total of not-to-exceed $175,000 (File No. 5554).
AIS
Exhibit 1 - Second Supplement and Amended Engagement Letter
Exhibit 2 - Proposed Ordinance
G. PUB16-042 Consider a recommendation of approval of a second supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for Professional Legal Services relating to the pending litigation entitled the City of Denton, Texas v NRG Power Marketing, LLC, et al; authorizing the expenditure of funds therefor; providing an effective date (File No. 5771 - in the additional amount of not-to-exceed $800,000, aggregating not-to-exceed $1,395,000).
AIS
Exhibit 1 - Second Supplemental and Amended Engagement Letter
Exhibit 2 - Proposed Ordinance
H. PUB16-043 Consider a recommendation of approval of a first supplemental and amended engagement letter with the law firm of Herrera & Boyle, PLLC, Austin, Texas, regarding professional legal services pertaining to issues regarding pole attachment license agreements, right-of-way agreements, Verizon pole attachment collections and possibly additional agreements in the not-to-exceed amount of $65,000, aggregating a total of not-to-exceed $130,000 (File No. 5592).
AIS
Exhibit 1 - Engagement Letter
Exhibit 2 - Herrera & Boyle Ordinance
ITEMS FOR INDIVIDUAL CONSIDERATION
A. PUB16-028 Consider approval of the Public Utilities Board Meeting minutes of date February 8, 2016.
AIS
Exhibit 1 - Public Utilities Board Draft Minutes 2-8-16
B. PUB16-020 Receive a report, hold a discussion, and give staff direction concerning the revised Utilities Financial Strategies document.
AIS
Exhibit 1 - Current Utilities Financial Strategies
C. PUB16-026 Receive a report and hold a discussion regarding the Fiscal Year 2017 Solid Waste & Recycling Materials Forecast, which is utilized in preparing the FY 2017 Solid Waste & Recycling Annual Budget and FY 2017 - 2021 Capital Improvement Program.
D. PUB16-039 Receive a report, hold a discussion, and give staff direction regarding a recommendation that the City Council approve a contract with Walsh's Hawk Construction Company, LLC, a limited liability corporation, Princeton, Texas, for constructing precast concrete security/screening fences, in an amount not to exceed $5,900,000 over the course of a three year period. (RFP #5963)
AIS
Exhibit 1 - Evaluation Tabulation
E. PUB16-029 ACM Update:
1. Matrix
AIS
Exhibit 1 - New Business Matrix
Feb 22, 2016 Public Utilities Board on 2016-02-22 9:00 AM
A. PUB16-031 CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Sec. 552.071; CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS - Under Texas Government Code, Sec. 551.086.
Consult with the City's attorneys regarding the present status of the Denton Municipal Electric-Energy Management Organization operations regarding EEI contract negotiation, ISDA contract negotiation, and other related contracting issues; discuss, deliberate and provide the City's attorneys and staff with direction. A public discussion of this legal matter 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.
AIS
B. PUB16-032 CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Sec. 551.071.
Consult with the City's attorneys regarding the present status of the implementation of a new Pole Attachment License Agreement, a new City Right-of-Way Agreement, possible ancillary agreements and the status of claims for unpaid pole attachment fees by Verizon; discuss deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matters. A public discussion of this legal matter 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.
AIS
C. PUB16-033 CONSULTATION WITH ATTORNEYS - Under Texas Government Code, Sec. 551.071.
Consult with the City's attorneys regarding the present status of pending litigation entitled: The City of Denton, Texas v. NRG Power Marketing, LLC, et al, Cause No. 15-01404-16, now pending before the 16th Judicial District Court in and for Denton County, Texas; 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 of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
AIS
CONSENT AGENDA
A. PUB16-025 Consider recommending approval to award a purchase agreement in the amount not to exceed $875,000, for a term of thirty-six (36) months, for the purchase of residential refuse and recycling carts and replacement parts, to Rehrig Pacific Company through the State of Texas's HGAC Cooperative Purchasing Program. (File 5997)
AIS
B. PUB16-030 Consider recommending approval of a Sponsored Research Agreement by and between the City of Denton, Texas and Southern Methodist University providing for the investigation of enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas, in an amount not-to-exceed $169,655; providing for the expenditure of funds therefor.
AIS
Exhibit 1 - Letter and Sponsored Research Agreement
Exhibit 2- Ordinance
C. PUB16-037 Consider recommending adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Caterpillar model 953D track loader for the City of Denton Drainage Department; and providing an effective date (File 6070-awarded to Holt Cat in the amount of $213,950)
AIS
File 6070- Exhibit 1 Track Loader
File 6070- Exhibit 2 Replacment Request Form
D. PUB16-038 Consider making a recommendation that the City Council approve a 3 year contract with Schweitzer Engineering Laboratories (SEL) for the purchase of SEL protective relay, control, monitoring, metering, software, integration, accessories, and devices which are available from only one source in the amount not to exceed $2,240,000. Chapter 252.022 of the Texas Local Government Code exempts such purchases from the requirements of competitive procurement. (File 6046)
AIS
Exhibit 1 - Price Sheet
Exhibit 2 - SEL Hardware 2016 AIS
Exhibit 3 - SEL Relay 2016
E. PUB16-040 Consider a recommendation of approval of a concurrent ordinance with the Cities of Bryan, Garland and Greenville, Texas electing the provisions of Subchapter C-1 of Chapter 163, Texas Utilities Code, providing for alternative governance of the Texas Municipal Power Agency; providing findings of fact; defining the boundaries of the agency; designating the name of the agency; and designating the number, place, terms, and manner of appointment of directors of the agency; providing a savings clause; providing a severability clause; providing for retroactive ratification, confirmation and approval thereof.
AIS
Exhibit 1 - Denton Version of TMPA Related Concurrent Ordinance-Election of Subchapter C-1
F. PUB16-041 Consider a recommendation of approval of a second supplemental and amended engagement letter with the law firm of David A. Portz, P.C., Attorney, Houston, Texas, for professional legal services to be provided to the Energy Management Organization of Denton Municipal Electric; in the not-to-exceed amount of $50,000; aggregating a total of not-to-exceed $175,000 (File No. 5554).
AIS
Exhibit 1 - Second Supplement and Amended Engagement Letter
Exhibit 2 - Proposed Ordinance
G. PUB16-042 Consider a recommendation of approval of a second supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for Professional Legal Services relating to the pending litigation entitled the City of Denton, Texas v NRG Power Marketing, LLC, et al; authorizing the expenditure of funds therefor; providing an effective date (File No. 5771 - in the additional amount of not-to-exceed $800,000, aggregating not-to-exceed $1,395,000).
AIS
Exhibit 1 - Second Supplemental and Amended Engagement Letter
Exhibit 2 - Proposed Ordinance
H. PUB16-043 Consider a recommendation of approval of a first supplemental and amended engagement letter with the law firm of Herrera & Boyle, PLLC, Austin, Texas, regarding professional legal services pertaining to issues regarding pole attachment license agreements, right-of-way agreements, Verizon pole attachment collections and possibly additional agreements in the not-to-exceed amount of $65,000, aggregating a total of not-to-exceed $130,000 (File No. 5592).
AIS
Exhibit 1 - Engagement Letter
Exhibit 2 - Herrera & Boyle Ordinance
ITEMS FOR INDIVIDUAL CONSIDERATION
A. PUB16-028 Consider approval of the Public Utilities Board Meeting minutes of date February 8, 2016.
AIS
Exhibit 1 - Public Utilities Board Draft Minutes 2-8-16
B. PUB16-020 Receive a report, hold a discussion, and give staff direction concerning the revised Utilities Financial Strategies document.
AIS
Exhibit 1 - Current Utilities Financial Strategies
C. PUB16-026 Receive a report and hold a discussion regarding the Fiscal Year 2017 Solid Waste & Recycling Materials Forecast, which is utilized in preparing the FY 2017 Solid Waste & Recycling Annual Budget and FY 2017 - 2021 Capital Improvement Program.
D. PUB16-039 Receive a report, hold a discussion, and give staff direction regarding a recommendation that the City Council approve a contract with Walsh's Hawk Construction Company, LLC, a limited liability corporation, Princeton, Texas, for constructing precast concrete security/screening fences, in an amount not to exceed $5,900,000 over the course of a three year period. (RFP #5963)