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HomeMy WebLinkAboutMay 29, 2001 Agenda AGENDA A0enda Item- _ CITY OF DENTON CITY COUNCIL Date May 29, 2001 After dete mimng that a quorum is present the City Council of the City of Denton, Texas will convene l~ a Special Called Meeting on Tuesday, May 29, 2001 at 6 00 p m m the Council Work Scs ion Room at City Hall, 215 East McKanney Street, Denton, Texas at which the following tems will be considered 1 Col~s~der and take action on Board and Commission nominations and appointments 2 Cot~slder adoption of an ordinance amending Ordinance 2001-193 to amend Section 6 1 of the Rules of Procedure to increase the number of council appointees to the Agenda committee, to correct a reference to a statute m Section 4 2 of the ordinance, providing a saving clause, providing for retroactive effect, and providing an effective date Immediately following the completion of the Special Called Meeting, the Council will convene m a Closed Me~tmg to consider the following 1 Closec~ Meeting [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a compeUtuve matter in a Closed Meeting under the provisions of TEX GOV'T CODE Section 551 086(c), the C~ty Council must first make a good faith determination, by majority vote of tts members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551 086(b)(3) The vote shall be taken during the Closed Meeting and shall be included in the cemfied agenda of the Closed Meeting If the City Council falls to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item m the Closed Meeting ] A Deliberations Regarding Certain Public Power Utilities Competitive Matters -- Under TEX GOV'T CODE Section 551 086 **Consultation with Attorney --- Under TEX GOV'T CODE Section 551 071 a Receive competlUve electric market information and direct questions to potential purchasers, discuss and deliberate the same Receive a confidential competitive electric utility presentation and receive competluve electric market lnformatmn fi.om Staff and City's consultants, &seuss and deliberate the same, consider, prowde Staff with dlrectmn, and take action as necessary, regarchng future wholesale power purchase transactions and strategies including, but not limited to the replacement of electric generation resources, and the proposed sale, transfer, assignment, or other divestiture of a part of the City of Denton's electric utility system, melu&ng, without hm~tauon the Spencer generation facility located on Spencer Road in the City of Denton, Denton County, Texas, and the two hydroelectric facfimes owned by the City located m Denton County, Texas Conduct a consultation w~th the C~ty's attorneys and its outside legal counsel in order to obtain the adwce and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such ~ssues and matters in a public meeting would conflict with the attorney's duties and professional responsibilities to their client under the Texas D~sc~phnary Rules of Professional Conduct ANY FIN~kL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED iN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER E[KCEPTION') THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEXAS GOVERNMENT CODE, SECTIONS 551 001 ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING~ ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WI FH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551 071- 551 086 OF THE TEXAS OPEN MEETINGS ACT Following completion of the Closed Meeting, the Council will re-convene the Special Called Meeting to consider the following 1 Posslb!e continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetlr~gs Act 2 Officml Action on Closed Meetmg Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of D0nton, Texas, on the day of May, 2001 at o'clock (am ) (p m ) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS 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 (940) 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF ('II)D) BY CALLING!I-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGtt THE CITY SECRETARY'S OFFICE a~enda No ~ AGENDA INFORMATION SHEET Agonda Ite~ , / / AGENDA DATE. May 29, 2001 ~ DEPARTMENT City Manager's Office ~ tt CM' Mike Conduff, City Manager SUBJECT Consider nominations and appointments to the C~ty's Boards and Commissions BACKGROUND The following is a list of current Board/Commission vacancies/nominations Mayor Pro Tem Beasley has nominated Harry Phillips to the Traffic Safety Commission Council Member Phillips has nominated Don White, Sr to the Public Utilities Board Council Member Burroughs has nominated Joe Mulroy to the Planning and Zoning Commission Council Member Redmon has nominated Lucretia Jones to the Library Board If you require any further mformatmn, please let me know Respectfully submitted ~tyifer W]t~ters Secretary Agendaltem - .. AGENDA INFORMATION SHEET [)ate,. '~ql/D/ - AGENDA DATE May 29, 2001 DEPARTMENT: Legal CNUDCM/ACM: Herbert L Prouty, City Attorney SUBJECT An Ordmunce amending Ordinance 2001-193 to amend Section 6 1 of the Rules of Procedure to increase the number of council appointees to the agenda committee, to correct a reference to a statute m Section 4 2 of the ordinance, providing a savings clause, providing for retroactive effect, and providing an effective date BACKGROUND On May 1, 2001 City Council passed Ordinance No 2001-193 which consolidated a number of amendments of the Council Rules of Procedure (Rules) into one ordinance At your May 22, 2001 meeting you voted to suspend Section 6 1 of your Rules to increase the number of Council appointees from one to two members of the Council You then appointed Councllmembers Burroughs and Redmon to the Agenda Committee This Ordinance amends Section 6 1 of the Rules to increase the number of Council appointees to the Agenda Committee from one to two members and ratifies your previous action in appointing Councllmembers Burroughs and Redmon to the Committee The ordinance also contmned an incorrect reference m Section 4 2 "Special Meetings" to Chapter 55 of the Government Code instead of Chapter 551 This ordinance also makes the minor correctmn to that section OPTIONS 1 Approve the amendment to increase the unmbcr of Council appointees in the Agenda Committee to two members of the Council and to indicate the correct reference to the Government Code 2 Do not approve the amendment RECOMMENDATION: Staff recommends approval of the ordinance amendment FISCAL IMPACT There is no fiscal impact as a result of this ordinance Respectfully submitted Herbert L Prouty f City Attorney S \Our Documents\Ordlnances\01\Ordmance 2001 193 Second Amendment doc ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE 2001-193 TO AMEND SECTION 6 1 OF THE RULES OF PROCEDURE TO INCREASE THE NUMBER OF COUNCIL APPOINTEES TO THE AGENDA COMMITTEE, TO CORRECT A REFERENCE TO A STATUTE 1N SECTION 4 2 OF THE ORDINANCE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR RETROACTIVE EFFECT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the first day of May, 2001, City Council passed Ordinance No 2001- 193, whmh consolidated the various ordinances amending the Council Rules of Procedure (Rules) into one ordinance, and WHEREAS, at their meetang of May 22, 2001 the City Council voted to suspend Section 6 1 of the Rules by expanding the number of Council appointees to the Agenda Committee from one other member of the City Council to two members and appointed Councflmembers Burroughs and Redmon to the Committee, and WHEREAS, the City Council deems it necessary to amend the Rules to incorporate this increase m the number of Council appointees to the Agenda Committee, and WHEREAS, Section 4 2 of the ordinance inadvertently contained an incorrect reference to the Texas Open Meetings Act as Chapter 55 instead of Chapter 551 of the Texas Government Code NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS Section 1 That Section 6 1 of Ordinance 2001-193 "Agenda" and Section 2-29(a) of the Code of Ordinances of the City of Denton are hereby amended to read as follows Section 6 1 (2-29(a)) AGENDA The order of business of each meeting shall be as contmned in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, two other members of the C~ty Council selected by the Council, and the City Manager When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda Placement of xtems on the agenda shall be governed by this Section and Section 63, provided that if a Councflmember has an "emergency" ~tem that the Councllmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee Conduct of business at special meetings and Council Conumttees and subcommittees will hkewlse be governed by an agenda and these Rules of Procedure ~ That Section 4 2, "Specml Meetings" of Ordinance 2001-193, as hereby amended by correctang the statutory reference to the Texas Open Meetings Act bom "Chapter 55 TEX GOV'T CODE ANN, (Vemon's 1999, as amended)" to "Chapter 551 TEX GOV'T CODE ANN, (Vemon's 1999, as amended)" Section3 That all prevaous actions of the City Council to suspend the Rules and appoint Councllmembers Burroughs and Redmon to the Agenda Committee are hereby ratified and approved Se~tlon4 That save and except as amended hereby, the remaining paragraphs, sections arid clauses of Ordinance 2001-193 shall remmn ~n full force and effect Section 5 That th~s ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED flus the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY