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Home My WebLink AboutMay 19, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 19, 2009 The City of Denton City Council will convene in the Work Session Room on Tuesday, May 19, 2009 at 5:30 p.m. to attend a reception honoring City Council. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, May 19, 2009 at 6:30 p.m. in the City Hall Conference Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider the following: 1. Closed Meeting: A. Deliberations regarding Personnel Matters -Under Texas Government Code Section 551.074. 1. Deliberate the nomination and appointment of a Board Member to the Board of Texas Municipal Power Agency, a Joint Powers Agency. 2. Deliberate the nomination and appointment of an authorized mediation representative to represent the City of Denton, Texas at an upcoming mediation session to be conducted by and between the Cities of Bryan, Denton, Garland and Greenville, Texas regarding matters related to the Texas Municipal Power Agency. Following the completion of the Closed Meeting, City of Denton City Council will convene in Open Session in the City Hall Conference Room, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Consider approval of a resolution appointing a member to the Board of Directors of the Texas Municipal Power Agency, a Joint Powers Agency, representing the city of Denton, Texas; and declaring an effective date. 2. Consider approval of a resolution of the City Council of the City of Denton, Texas appointing , as the mediation representative for the City of Denton, Texas regarding the mediation to be conducted involving the cities of Bryan, Denton, Garland and Greenville, Texas regarding matters related to the Texas Municipal Power Agency, a Joint Powers Agency; and declaring an effective date. Following the consideration of the above items, the City of Denton City Council will re-convene in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Consider adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect four City Council Members to Districts 1, 2, 3 and 4 of the City Council of the City of Denton, Texas held in the City of Denton on May 9, 2009; and providing an effective date. City of Denton City Council Agenda May 19, 2009 Page 2 3. Oath of Office administered to newly elected Council Members. 4. Election of Mayor Pro Tempore. 5. Consider approval of Resolutions of Appreciation for retiring Council Members. CERTIFICATE 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 , 2009 at o'clock (a.m.) (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 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. AGENDA INFORMATION SHEET AGENDA DATE: May 19, 2009 DEPARTMENT: Denton Municipal Electric (DME) UTILITIES ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution appointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date. BACKGROUND Perry McNeill and Phil Gallivan have served as Members of the Board of Directors of TMPA. Phil Gallivan was reappointed last year for another two year term. Perry McNeill is currently serving as President of the TMPA Board. According to TMPA's legal counsel, Mr. McNeill can continue in his capacity as a Member and President of the Board until his replacement is appointed and sworn in at later date. EXHIBITS 1. Letter from TMPA concerning Perry McNeill 2. Resolution Respectfully submitted: ~ ,ti .'r Howard Martin Assistant City Manager for Utilities Prepared by: Phil Williams General Manager Denton Municipal Electric SERI~ING TF-IE ~IT~E~ EMF ~I~YAhJ, ~ENTahI, C~ARLAh1D & GREEh11~ILLE f~1r. ~r er~pbll} it~r hllnr ~t ~f ~ent~n ~ IIJ1~inn iE: fiI~ B~erd ~I1r~ber ~p~ir~trnen# ~ar~J1r, arn~b~ll~ ~r r~rd indict tl~a# Perry III' #~rm a ~ Il~m~er ~f the B~~rd ~f ~irt~r of the Y~ III1~nii~~l P~v~r n eplre ~n July ~I~, ftr#h~ ~t ~~n~f rel~e ~~ii~n on this ma#tr, pl~e send me ~ ~ertif`rd re~l~ti~n ~r certified rneetin mini#e ~enifin tl~e ~er~n ~~#d t~ r~rnt cur i# ~n the TIIP ~~ard ~f ~ir~#~r, ~'~ur ~~~~r~t~~n i p~ri~td. Inerei, II'll~nda III. ~Ilal~~n it~nt ret~r T1P Board ~f ~ire~#~r Phil all~~r~n Perry I~~~II Phill~l~ili~m~ T~~NILTR TEXAS MI~r~I~I~AL F'aCR I~EhI~~' P, O, ~Q '7000 ~3R`~Ahd, TE7(,~5 ~~~05-'70100 ~`7~-D1 ~ RESOLUTION N0. R2009- A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Perry McNeill as a member of the Board of Directors of the Texas Municipal Power Agency will expire on July 18, 2009; and WHEREAS, the City Council of the City of Denton after due consideration has selected of the City of Denton, for appointment for atwo-year term to the Texas Municipal Power Agency Board of Directors; and WHEREAS, effective on September 10, 2009, the City Council hereby appoints as a member of the Texas Municipal Power Agency Board of Directors; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Pursuant to the terms and provisions of concurrent Ordinance No. 75-22 of the City of Denton, Texas, is hereby appointed to a two-year term of office as a Director representing Denton on the Board of Directors of the Texas Municipal Power Agency, his term of office beginning effective on September 10, 2009 and ending on July 18, 2011. SECTION 2. This resolution shall become effective after its signature and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 19, 2009 DEPARTMENT: Denton Municipal Electric (DME) UTILITIES ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution of the City council of the City of Denton, Texas appointing as the mediation representative for the City of Denton, Texas regarding the mediation to be conducted involving the cities of Bryan, Denton, Garland and Greenville, Texas regarding matters related to the Texas Municipal Power Agency, a Joint Powers Agency; and declaring an effective date. BACKGROUND TMPA and the Member Cities of Bryan, Denton, Garland and Greenville have been in litigation on various matters for approximately a decade concerning issues with the Power Sales Contract. The TMPA Board has recently expressed an interest in settlement discussions relating to these issues and has asked for representation from each city to be present at a future meeting. EXHIBITS 1. Resolution Respectfully submitted: ~ ,ti .'r Howard Martin Assistant City Manager for Utilities Prepared by: Phil Williams General Manager Denton Municipal Electric RESOLUTION N0. R2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPOINTING , AS THE MEDIATION REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS REGARDING THE MEDIATION TO BE CONDUCTED INVOLVING THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS REGARDING MATTERS RELATED TO THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the city of Denton, Texas intends to enter into mediation in order to resolve several issues that are currently outstanding among the Texas Municipal Power Agency ("TMPA") four member cities; and WHEREAS, the City Council, after careful deliberation and due consideration of candidates, is of the opinion that , of Denton, Texas should be appointed as the City representative to participate in the upcoming mediation referenced hereinabove; and such City representative shall act in accordance with the direction provided by the City Council; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. is hereby appointed to serve as the City of Denton, Texas mediation representative regarding that certain mediation to be held by and between the Cities of Bryan, Denton, Garland and Greenville, Texas regarding matters related to the Texas Municipal Power Authority; such mediation representative shall act in accordance with the direction provided by the City Council; and such mediation representative shall continue to serve until the mediation is complete or until further resolution of the City Council. SECTION 2. This resolution shall become effective immediately after its signature and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 19, 2009 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election to elect four city council members to Districts 1, 2, 3, and 4 of the City Council of the City of Denton, Texas held in the City of Denton on May 9, 2009; and providing an effective date. BACKGROUND Adoption of this ordinance will formally canvass the election returns of the election for Districts 1, 2, 3, and 4 held on May 9, 2009. Respectfully submitted: Jennifer Walters City Secretary i s:l~ur documentslor~inances1~91can~rass election 2~~4.dac ~DINA~CE AN ~RDIl~ANCE CANVAYNCx THE RET~JRN AND DECLA~ THE RESULT DF THE RE~~LAR MUNICIPAL ELECTI~~ T~ ELECT FOUR CITY COUNCIL MEMBERS TD DITR.ICTS I, 2, ~ 4 ~F THE CITY CECIL OF THE CITY ~F DENT~I~, TEXAS HELD n~ THE CITY ~F DENTDN Old MAY 9, 209; AND PRDVIDINC AN EFFECTIVE DATE, TIDE C~UN~CIL ~F THE CITY ~F DEI~T~N HEREBY ORDAINS; ETI~N 1. The City Council finds and declares that the May 9, 2009 regular nlunlclpal election vas duly ordered the purpose of electing Council Members to D1str~Cts 3, and 4; that proper notice of said election vas duly given. and election officials appointed; that the election vas duly held and the returns of the election off icial have been delivered to the Council, all in accordance v~ith the lames of the state of Texas and the Charter and ordinances of the City of Denton, SECTION 2, The oI'fcial returns ofthe election officials having been opened, examined, and canvassed, and the Council hereby finds and declares that 2,7G? ballots were cast at the election, and that the votes cast for each District on the Council v~ere a follows: EARLY V~TIN: FAR DISTRICT l ; El~borlo "El1 Cxen~ln~"Beltran -__w_~~~.~~__~~~~__---~~..w~.~-~,...,..~~ to votes Bob Clifton ~~_______rt~~_~~__4~~~--_~_~~.~w____ votes Charlye Hegins ~?votes FOR DISTRICT Dalton Vlrf~` ,~---~___------__-r~.ir,wwiw.F_war+rMw-~iwww~w~r~~r__rrrrrr~.r--_ ~~1~~ 11lJJ~WiA/~V M~~yi}V 4 ~1 a~ y ~ __---~___--.~-.o-..wrw_~W.~srirM~w~..-~rtti_+y.. ~rw~r-r__r~rri~.~--_ FAR DISTRICT ~ Casey ~----~,r_wr----------------------------------------------~- ~ v~te' Jirn Engelbreeht 261 votes ilil.~~~---------------------w,...r____~r in weir x`-..~w~wwwrr...yr_rwwwwrrrrrr iM--1' ~~L~ ~a~1{~ ~-----____~-______-w_-_ ~ _---___w MllYwwww+MMMTwr1Y1~YMYi4M111~Y_YY_ti ~V~~ Andrew "Teets" Teeter ~ votes FAR DISTRICT Phil I~regel ~--------------------~---~~~w~_,------------~------------- 4~ votes Y~f M'~! ---www____~w_-~_--__iww'r4a++M~~W 41.I~Y~M*.~i4 ~--r----rMr--____T-~IFII'~Y Y Y Lm • A. 3:~llf ~OC11TltSloTd11~~Y1Ces1~~lC~iv~SS ~~eC~UI1 ~~D~.dUC EI~~TI~N ~ J. Y TV DITIIT ~ JJal~~~~ i'~ ~~~wwwwwrwwsrrrrr~~~r~iwwwiwrwir r~~~ ~ {j l'1 ~l l rrrr~rr'rr~rrrrrrrr~~~~~~~~~~~r~~~~~~wwrrrr~rr~rr~~~~~~~~w wrrr i~/~ ~l'~~ i ~ F ~ wrrwirwrirrrrrr'ir~rrr~~~~~~~~~rrwwwiwriw rr~r~~~~~~wwri ~~i ! V~~~ DISTRICT 2. i T[ r~~~~~~~~~~~~~~~~~~~~~~~~wwwwwwrwrr~rr~rrrr~M~~~rwwrrrr~ { /ti ~s Roby ~~~~~~~~~~»wiw www wrr r~~~~~~~~~_~~+iiwwrrrr ~ ~~~~q ,1~ ~rrr~rrrrrrr~rrrrrr~r~~~~~~~~w~~~#wrwrw wrwrrrrr r~~~~~wwwr ! f FAR DISTRICT . ~~~~~~~~~~~~~~~~~~~~~~~~~~~wwrrrrrwiwrrrrr~rf~~~~~~wwwrwrr ~ y{` ~ y,~yi {ice, ~yy { Y A~J~#i ~+,R l~~~~~~~~ ~+~~~rr~~r~~r~~~~~~~~~~~~w~~~wriwwriwisrrr~~~~~rwwwwr irf~~ a~1Li~~____~_________________ ~~~wwwwwwwrrrrrr~r~~N~ww wwsrrrr w~w~ w~wwww~ win ~ww w ~ ~~w wwFrr i ~r ~r r+r rrr~~~~~~~~wwwirwswwr~~~~ . Hance a1-- ~ 113 vote 6 ~ ~ W ~~i^R~~r~~RwikiW Wi~iYW ~11Y ~~~~~~~~ii~~lw#ii WY~~~~ ~ ~ DISTT 4. ~~}t~~ r~~~~~rW Yr rrrrrr~rrr~~~~~~~~~~~~~~i~~~~~ww war Yr~~~~~~twww v~tVS ~IFY W~Yiir~~~l~iiYrrrirriYr~~~~~~~~~~~~+~wl~ItwwwrM~Yrr r~~~~wwwr ~l TOTAL QTR BAST. PAR DISTRICT 1, rrrr~r~~~~~~~~~~~~wwww~wrr~~~~~~wwwi E Ora ` ~ Be '~]1 1~ votes ~V' ] ~~1'e' wrnr~w~iwrwwwrarrr rrrrr~~~~~~~~~~~~~wwwr~rrrrwrr~~~~~~»wiiir V ~V~~~ JJ+~..y++1y{,~ ~vvy ~avyy~~ rr vu~} 4 i71 rrrrwrrrrrr~rr rr~~~~~~~~~~wwwwwawwr rrrr~~~~~w~wwirrr ~ ~ ~ F~It DITRI~T . ~~g~rrYrrrr~~rrr~r~~~~~~~~~~~~~~w~www wrwwsrwrr~~~~~~~»wwrir ~ vDt~S ~f rle~ ~r i~ w~~wwwiwwwwrwwawrrwFwwr~r~r~r~~~~~~~~~~wwwwirrrrrr~~~~wiw i/~~I ~~y~~ ~V lw~~ t~1.4i1 ~w~wiwrwww»wiwrwwwr~rrrr~~~~~~~~www~wwrrirrrr~~~wwwwwii 1 Y v P~ DISTRICT . ' ~~~~~~~~~~~~~~~~~~~~~..w..~.rrr~~~f~~~~~f~~~w ~wrrr~~~~~~~wws ~ ~ Tr J/~ V ~ ~~g~~~~eC~t __________________,,..rarr~r~rr~~~f~~~w~wwirrrr~~~~~ww F V ~ 7 ~LV 1 ~~~~~~~~~~wwwrrrrrrr ~~rf~~~~~~~~~~~~~rwM+4wr~rrr~~~~~~~wwrYrr~ ! ~ ~~~~L1 ~ ~~~~~~~~~~~~~~~f~~~~~~wrwr~~~~~~~~~~~~~+wwrrrrrr~~~~~w#i l~~Lf vote 3 Mi~~ 4 1 e~~~' T~~t~r -~f--~~-----r~rr~r--------~-w~wr__.rr__~wr_i ~ ~ T Vt~ Page ~ of3 L_ - s:lnur doc~rrien~sl~rdinances~}91c~nvass e~ecti~n 2409.dac f F~ DITRIT 4; . Kregel ~~~~~~~~~~~~~~~~~~~~~~~~~~w~rrrrr ~~~~~~~~~.~rrr~~~~~~~~~wwrr ~ votes 4 ~y rrrrrrrrrrrrrr+rrrrYrrrr~~~~~~~~rwrrrr~rr~~~~~~rrrrrrsrrr~~~ /1~ 1!{ 1~~~ ETIN The ~ounc~l finds and declares that each candidate listed he~a~v received a ~najaty of the votes east for each District an e aunci~ and that each candidate listed bela~r is hereby declared to elected to the pity ~vuncii of the pity of Denton; F~~ DITT ~ : ~har~ye eggins D~TIT Dltvn ~'egary D~TT ~ : ,dim nelbrecht D~TT 4: Chris a~tt and the candidates sha~~ assume the duties of they office on the date that they take the o~'icia~ oath ofoae. E'EN 4~ The City o~ncYl has found and determined that the meeting at which this . ordinance is considered is open to the public and that notice thereof was given in accordance . v~ith provisions of the Texas open meetings 1a, Tex. Gov't bode ch. 55 as amended, and that quoru~a of the pity Cauncil eras present ~TI~N This ordinance sha11 b~ca~ne effective ~mediateiy upon its passage and app~ro~. PAD AND APPR~v~D this the day of , , X409. MARK A. CJR~.~T~~3, ~,AI~~R ATTEST: NNIFER ALTER, EITARY J4 4 APPR~vED A~ T~ LEGAL p`~~; A1~ITA C~R~ ~ ATT~~~ Page 3 of Y P r~ ' F ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , z~ ~ ~ ~ ,~w ~ ~ pppp r ~ rt~ ~p N r ~ ~ Rp 1~ 1~ iD ~ ~7 ~'7 CD ~0 ~R ~ Crl ~ ~ r ~0 ~ J as ~ ~ ~ a c~ ~ ~ o ~ ~ ~ t=ug ~i~o ~r;~~~i ~ ~ ~ n ~ ~ ~ ~ ~ ~ ~ J o ~ ~ r O C 4 ~ ~ O O ~ c~n~ao~~ ~ ~`~,~t ~ q~r~ ~ Sao ~ ~ ~ ~ r . c~ ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ r ~ ~ C ~ ~ e ~ ~ ~ C ~ ~ ~ . ~ A ~ ~ ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ ~ ~ ~ ~ ~ c ~ ~ ~ ~a ~ ~ ~ ~ ~ ~ oc~ ~ tea ~ W ~ w ~ ~ ~ q ~ ~ ~ ~ ~ ~ ~ t~