Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, August 27, 2018 6:00 PM Work Session Room After determining that a quorum is present, the Public Utilities Board of the City of Denton, Texas will convene in a meeting on Monday, August 27, 2018 at 6:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: The Public Utilities Board (PUB) will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the PUB will not conduct a Closed Meeting and will immediately convene its open meeting. The PUB 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, or as otherwise allowed by law. CLOSED MEETING A. PUB18-170 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive competitive and financial public power information from staff related to the Power Purchase Agreement between the City of Denton, as the seller of power and electric energy services, and Texas Woman’s University, as the buyer of power and electric energy services; discuss, deliberate, and make recommendations to City Council regarding the same. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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. B. PUB18-173 Deliberations regarding Real Property - Texas Government Code Section 551.072; Consultation with Attorneys - Texas Government Code Section 551.071; Consultation with Attorneys - Under Texas Government Code Section 551.07. Discuss, deliberate, and receive information from staff and provide staff with recommended direction for the City Council pertaining to the Lease Agreement between the City and American Biosource, LLC, dated January 7, 2014 and approved and authorized by Ordinance No. 2014-020 (“Lease Agreement”). Discuss, deliberate, and receive information from the City’s attorneys and provide the City’s attorneys with recommended direction for the City Council regarding legal issues associated with the Lease Agreement 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 Page 1 Printed on 8/24/2018 Public Utilities Board Meeting Agenda August 27, 2018 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. ANY FINAL 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 §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE PUBLIC UTILITIES BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §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 WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Following the completion of the Closed Meeting, the Public Utilities Board will convene in a Regular Meeting at which the following items will be considered: REGULAR MEETING 1. CONSENT AGENDA Each of the items on the Consent Agenda is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his designee, to implement each item in accordance with the Staff recommendations. The Public Utilities Board has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved for payment or other action under the Consent Agenda (Agenda Items A – D). This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – D below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. PUB18-084 Consider recommending adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, accepting competitive proposals and awarding a public works contract for the Supply of Overhead Electric Distribution Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6582- awarded to Primoris T&D Services, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $900,000 for all years). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Contract Exhibit 4 - Ordinance B. PUB18-162 Consider recommending approval of an ordinance of the City Council of the City of Page 2 Printed on 8/24/2018 Public Utilities Board Meeting Agenda August 27, 2018 Denton, Texas providing for, authorizing, and approving the execution by the City Manager of an Amendment to Extend the Power Purchase Agreement between the City of Denton, Texas and the Texas Woman’s University; providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance w redacted amendment C. PUB18-163 Consider recommending adoption of a resolution approving the City of Denton’s GreenSense Incentive Program, GreenSense Incentive Manual, and Distributed Generation Manual for FY 2018-19; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - GreenSense Incentive Program Manual Exhibit 4 - Distributed Generation Manual D. PUB18-169 Consider recommending adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for Budgeting Software with Questica, Inc., for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6570- awarded to Questica, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $351,918 for all years). Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Pricing Evaluation Exhibit 3 - Contract Exhibit 4 - Ordinance 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB18-161 Consider approval of the Public Utilities Board Meeting minutes of August 13, 2018. Attachments: 1. PUB Draft Minutes 8-13-18 B. PUB18-164 Consider recommending an ordinance establishing the Schedule of Rates for Solid Waste service; providing for a repealer; providing for a Severability Clause; and providing for an Effective Date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - FY 2018-2019 Solid Waste Red Line Rate Ordinance Exhibit 3 - Solid Waste Rate Ordinance Exhibit 4 - 2019 SW RATES Comparisons Exhibit 5 - Solid Waste Rates Presentation C. PUB18-167 Consider recommending adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to execute a decommissioning escrow agreement among and between the Texas Municipal Power Agency, the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City of Greenville, Texas (“Cities”) regarding the establishment of escrow for decommissioning pursuant to Page 3 Printed on 8/24/2018 Public Utilities Board Meeting Agenda August 27, 2018 the existing joint operating agreement between the cities and TMPA; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance D. PUB18-166 ACM Update: 1. City Sponsorship Requests 2. Future Agenda Items 3. Matrix Attachments: 1. City Sponsorship Requests 2. Future Agenda Item List 3. New Business Matrix - PUB 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public Utilities Board or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 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 ___________________, 2018 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS HANDICAP-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. Page 4 Printed on 8/24/2018