A. PUB16-120 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to certain real property interests located in the R. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located on the east line of Virginia Street, north of U.S. Highway 380 (University Drive). Consultation with the City's attorneys regarding legal issues associated with 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 Public Utility Board 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. (Prescott Property)
AIS
B. PUB16-127 Deliberations regarding Real Property - Under Texas Government Code Section 511.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in the Gibson Myers Survey, Abstract No. 843, The Johnson, Green, Myers, and Brummell Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No. 377, and the William Wilburn Survey, Abstract No. 1419, located in the City of Denton, Denton County, Texas, for the possible construction of an electric generation facility where deliberation in an open meeting would have a detrimental effect on the position of a governmental body in negotiations with a third party. Consultation with the City's attorney's regarding legal issues associated with the acquisition of the real property interests 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.
AIS
C. PUB16-132 DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS --- Under Texas Government Code §551.086.
Receive competitive public power information and competitive financial information from staff in the form of the draft operating budget for Denton Municipal Electric ("DME") for FY 2016-2017, including without limitation, revenues, expenses, and commodity volumes; and discuss, deliberate, provide staff with direction regarding such matters, consider and make a recommendation regarding approval of the FY 2016-2017 DME operating budget to City Council.
AIS
CONSENT AGENDA
A. PUB16-114 Consider recommending approval of the FY 2016-2017 Utilities Financial Strategies document.
B. PUB16-122 Consider recommending approval of Contract Amendment #2 to the Professional Services Agreement for Architect or Engineer by and between Teague Nall and Perkins, Inc. and the City of Denton for engineering and surveying services associated with the FY 2015-2016 Wastewater Collection System Improvements Project, in a not-to-exceed amount of $93,600.00.
AIS
Exhibit 1 - Contract Amendment #2
C. PUB16-124 Consider adoption of an ordinance authorizing the City Manager, or his authorized designee to execute an agreement or agreements by and between the City of Denton, Texas and the Texas Municipal Power Agency (TMPA), that provides for terms and conditions under which the parities will be jointly manage the responsibility of the operations of TMPA, in substantial conformity with the attached exhibits; authorizing the expenditure of funds therefor; and providing an effective date.
AIS
TMPA - Joint Operating Agreement - Signed by Legal.pdf
D. PUB16-128 Consider a recommendation that the City Council adopt an ordinance finding that a public use and necessity exists to acquire fee simple title to a 117.145 acres comprised of a 113.417 acre tract of land situated in the Gibson Myers Survey, Abstract No. 843 and the Moses H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, and being a part of a called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas and a 3.728 acre tract of land situated in the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699 and the Moses H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, and being a part of a called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas ("Property Interests"), for the public use of, expansion, construction, maintenance, operation, and improvement of an electric power generation facility, transmission and distribution lines, ancillary facilities and structures, including substations and switch stations; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute a contract of sale, between the City of Denton, Texas ("City"), as buyer, and Eagle Farms, Inc., a Texas Corporation, and John Porter Auto Sales, Inc., a Texas Corporation, ("Owner"), as seller, to acquire fee title to the Property Interests for the purchase price of $2,928,625.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date.
AIS
Exhibit 1 - Legal - Property Description
Exhibit 2 - DEC Property Map
E. PUB16-134 Consider a recommendation for the approval of RFP #6094 for Fisher-Poirer Construction to enter into a contract with the City of Denton for the amount of $127,750 to provide construction and renovation services for the Industrial Pretreatment building at the Pecan Creek Water Reclamation Plant, 1100 S. Mayhill Road, Denton, Texas.
AIS
Exhibit 1 - Renovation of the Pecan Creek Reclamation Maintenance Building - Pricing Sheet
F. PUB16-138 Consider recommendation of an ordinance regarding settlement of the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing, LLC, et al., Cause No. 15-01404-16 in the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide staff with direction.
AIS
Proposed Ordinance.pdf
ITEMS FOR INDIVIDUAL CONSIDERATION
A. PUB16-135 Consider approval of the Public Utilities Board Meeting minutes of June 13, 2016.
AIS
Exhibit 1 - PUB 6-13-16 Draft Minutes
B. PUB16-123 Consider recommending approval of the FY 2016-2017 Water operating budget and the FY 2017-2021 Water Capital Improvements Plans (CIP).
AIS
Exhibit 1 - Water FY 2017 Proposed Budget & CIP
C. PUB16-125 Consider recommending approval of the FY 2016-2017 Wastewater operating budget and the FY 2017-2021 Wastewater Capital Improvements Plans (CIP).
D. PUB16-131 Consider a recommendation of approval of the FY 2017-2021 Electric Capital Improvement Program (CIP).
AIS
Exhibit 1 - DME FY 2017-2021 CIP
E. PUB16-133 Consider recommending approval of the proposed on the Fiscal Year 2016 - 2017 Solid Waste & Recycling Services Operating Budget and the Fiscal Years 2017 - 2021 Capital Improvement Program (CIP) Budget.
A. PUB16-120 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to certain real property interests located in the R. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located on the east line of Virginia Street, north of U.S. Highway 380 (University Drive). Consultation with the City's attorneys regarding legal issues associated with 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 Public Utility Board 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. (Prescott Property)
AIS
B. PUB16-127 Deliberations regarding Real Property - Under Texas Government Code Section 511.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in the Gibson Myers Survey, Abstract No. 843, The Johnson, Green, Myers, and Brummell Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No. 377, and the William Wilburn Survey, Abstract No. 1419, located in the City of Denton, Denton County, Texas, for the possible construction of an electric generation facility where deliberation in an open meeting would have a detrimental effect on the position of a governmental body in negotiations with a third party. Consultation with the City's attorney's regarding legal issues associated with the acquisition of the real property interests 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.
AIS
C. PUB16-132 DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS --- Under Texas Government Code §551.086.
Receive competitive public power information and competitive financial information from staff in the form of the draft operating budget for Denton Municipal Electric ("DME") for FY 2016-2017, including without limitation, revenues, expenses, and commodity volumes; and discuss, deliberate, provide staff with direction regarding such matters, consider and make a recommendation regarding approval of the FY 2016-2017 DME operating budget to City Council.
AIS
CONSENT AGENDA
A. PUB16-114 Consider recommending approval of the FY 2016-2017 Utilities Financial Strategies document.
B. PUB16-122 Consider recommending approval of Contract Amendment #2 to the Professional Services Agreement for Architect or Engineer by and between Teague Nall and Perkins, Inc. and the City of Denton for engineering and surveying services associated with the FY 2015-2016 Wastewater Collection System Improvements Project, in a not-to-exceed amount of $93,600.00.
AIS
Exhibit 1 - Contract Amendment #2
C. PUB16-124 Consider adoption of an ordinance authorizing the City Manager, or his authorized designee to execute an agreement or agreements by and between the City of Denton, Texas and the Texas Municipal Power Agency (TMPA), that provides for terms and conditions under which the parities will be jointly manage the responsibility of the operations of TMPA, in substantial conformity with the attached exhibits; authorizing the expenditure of funds therefor; and providing an effective date.
AIS
TMPA - Joint Operating Agreement - Signed by Legal.pdf
D. PUB16-128 Consider a recommendation that the City Council adopt an ordinance finding that a public use and necessity exists to acquire fee simple title to a 117.145 acres comprised of a 113.417 acre tract of land situated in the Gibson Myers Survey, Abstract No. 843 and the Moses H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, and being a part of a called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas and a 3.728 acre tract of land situated in the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699 and the Moses H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, and being a part of a called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas ("Property Interests"), for the public use of, expansion, construction, maintenance, operation, and improvement of an electric power generation facility, transmission and distribution lines, ancillary facilities and structures, including substations and switch stations; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute a contract of sale, between the City of Denton, Texas ("City"), as buyer, and Eagle Farms, Inc., a Texas Corporation, and John Porter Auto Sales, Inc., a Texas Corporation, ("Owner"), as seller, to acquire fee title to the Property Interests for the purchase price of $2,928,625.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date.
AIS
Exhibit 1 - Legal - Property Description
Exhibit 2 - DEC Property Map
E. PUB16-134 Consider a recommendation for the approval of RFP #6094 for Fisher-Poirer Construction to enter into a contract with the City of Denton for the amount of $127,750 to provide construction and renovation services for the Industrial Pretreatment building at the Pecan Creek Water Reclamation Plant, 1100 S. Mayhill Road, Denton, Texas.
AIS
Exhibit 1 - Renovation of the Pecan Creek Reclamation Maintenance Building - Pricing Sheet
F. PUB16-138 Consider recommendation of an ordinance regarding settlement of the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing, LLC, et al., Cause No. 15-01404-16 in the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide staff with direction.
AIS
Proposed Ordinance.pdf
ITEMS FOR INDIVIDUAL CONSIDERATION
A. PUB16-135 Consider approval of the Public Utilities Board Meeting minutes of June 13, 2016.
AIS
Exhibit 1 - PUB 6-13-16 Draft Minutes
B. PUB16-123 Consider recommending approval of the FY 2016-2017 Water operating budget and the FY 2017-2021 Water Capital Improvements Plans (CIP).
AIS
Exhibit 1 - Water FY 2017 Proposed Budget & CIP
C. PUB16-125 Consider recommending approval of the FY 2016-2017 Wastewater operating budget and the FY 2017-2021 Wastewater Capital Improvements Plans (CIP).
D. PUB16-131 Consider a recommendation of approval of the FY 2017-2021 Electric Capital Improvement Program (CIP).
AIS
Exhibit 1 - DME FY 2017-2021 CIP
E. PUB16-133 Consider recommending approval of the proposed on the Fiscal Year 2016 - 2017 Solid Waste & Recycling Services Operating Budget and the Fiscal Years 2017 - 2021 Capital Improvement Program (CIP) Budget.