Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, July 24, 2023 9:00 AM Council Work Session Room REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will be able to participate in the following way: • eComment – The agenda was posted online at https://tx-denton.civicplus.com/242/ Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the Public Utilities Board immediately upon submission and recorded by the Secretary into the Minutes of the Meeting. After determining that a quorum is present, the Public Utilities Board of the City of Denton, Texas will convene in a Regular Meeting on Monday, July 24, 2023, at 9:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PRESENTATIONS FROM MEMBERS OF THE PUBLIC This section of the agenda permits a person to make comments regarding public business on items as listed on the agenda. Each speaker will be allowed a maximum of four (4) minutes. Such person(s) shall have registered under the REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD detailed at the beginning of this agenda. Registration is required prior to the time this agenda item is read into the record. 2. 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 City Manager or 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 – E). 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, the Consent Agenda Items 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. PUB23-068 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule Municipal Corporation, authorizing the City Manager to execute City of Denton Page 1 Printed on 5/22/2026 Public Utilities Board Meeting Agenda July 24, 2023 amendment number one (1) to the Power Purchase Agreement between the City and Core Scientific Inc., a Delaware Corporation; providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Power Purchase Agreement Amendment (Redacted) B. PUB23-069 Consider recommending adoption of an ordinance of The City of Denton, a Texas Home-Rule Municipal Corporation, authorizing the City Manager to execute amendment number one (1) to the Lease with Core Scientific, Inc., a Delaware Corporation; providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Lease Amendment C. PUB23-121 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying a letter agreement between the City of Denton and Zachry Construction Corporation, to reimburse internal point repair and additional maintenance for Mayhill Road Phase One; providing for the receipt of funds therefor in the not-to-exceed amount of $17,564.20; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Letter Agreement Exhibit 3 - Ordinance D. PUB23-131 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a professional services agreement with 1898 & Co, a division of Burns & McDonnell Engineering Company, Inc., for professional engineering services to the Denton Municipal Electric Systems Operation Department; providing for the expenditure of funds therefore; and providing an effective date (RFQ 7804-010 - Professional Services Agreement for professional services awarded to 1898 & Co, a division of Burns & McDonnell Engineering Company, Inc., in the three (3) year not-to-exceed the amount of $892,320.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract E. PUB23-132 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Kirby-Smith Machinery, Inc., an authorized dealer for Komatsu America Corp., through the Sourcewell Cooperative Purchasing Network Contract Number 032119-KOM, for the purchase of one (1) Komatsu Wheel Loader for the Water and Wastewater Departments; authorizing the expenditure of funds therefor; and providing an effective date (File 8298 - awarded to Kirby-Smith Machinery, Inc., in the not-to-exceed amount of $290,000.00). City of Denton Page 2 Printed on 5/22/2026 Public Utilities Board Meeting Agenda July 24, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Quote Exhibit 3 - Ordinance 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB23-133 Consider approval of the July 10, 2023 minutes. Attachments: 7.10.23 PUB Minutes B. PUB23-134 Management Reports 1. Future Agenda Items 2. New Business Action Items Attachments: 1. Future Agenda Items 2. New Business Action Items 4. 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. Following the completion of the Regular Meeting, 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. The Public Utilities Board (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. PUB23-130 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff regarding an update on the Core Scientific Power Purchase Agreement and Lease that includes data stemming from public power utility competitive data; discuss, deliberate, and provide direction to staff regarding same. Consultation with City’s attorney regarding legal issues associated with the above matter 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 the Professional Conduct of State Bar of Texas, or would jeopardize the City’s legal position in any administrative City of Denton Page 3 Printed on 5/22/2026 Public Utilities Board Meeting Agenda July 24, 2023 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 Section 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 Texas Government Code, Section 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 Section 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on July 20, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ OFFICE OF THE CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. City of Denton Page 4 Printed on 5/22/2026