HomeMy WebLinkAbout2011/07/26-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
Present:
Mayor Betsy Price
Mayor Pro tem Daniel Scarth, District 4
Council Member Salvador Espino, District 2
Council Member W. B. "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Present:
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, City Secretary
I. CALL TO ORDER
With a quorum of the City Council Members present, Mayor Price called the regular session of the
Fort Worth City Council to order at 10:06 a.m., on Tuesday, July 26, 2011, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION - Fattier John Parnell, Saint Augustine Old Roman Catholic Church
The invocation was provided by Father John Parnell, Saint Augustine Old Roman Catholic Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 19 2011
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that the
minutes of the regular meeting of July 19, 2011, be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
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Interim City Manager Tom Higgins requested that Mayor and Council Communication No. C -25065
be removed from the Consent Agenda for individual consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 2 of 29
'• . 1 1 " '•
Interim City Manager Tom Higgins requested that Mayor and Council Communication Nos. C- 25065,
C- 25066, and C -25076 be continued until the August 2, 2011, Council meeting.
VII. CONSENT AGENDA
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes, to
zero (0) nays.
Council Member Hicks expressed appreciation to the Boys and Girls Clubs of Greater Fort Worth
(Mayor and Council Communication No. C- 25061) for the continued operation of the Safe Haven
Youth Program at the Polytechnic Martin Boys and Girls Club and to the United Community Center
(Mayor and Council Communication No. C- 25062) for the continued operation of the Safe Haven
Youth Program at the Bethlehem Community Center of Fort Worth. She stated that these programs
were very important to the City.
A. General - Consent Items
1. M &C G-17331 - Authorize Payment of Up to $200,000.00 from the Rental Rehabilitation
Program Fund to the United States Department of Housing and Urban Development to Close
Findings Regarding the Use of Home Investment Partnerships Program Grant Funds and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Payment of Up to
$200,000.00 From the Rental Rehabilitation Program Fund to the United States Department of
Housing and Urban Development (HUD) to Close Findings Regarding the Use of Home Investment
Partnerships Program Grant Funds; and Adopt Appropriation Ordinance No. 19791 -07 -2011
Increasing the Estimated Receipts and Appropriations in the Rental Rehabilitation Program Fund,
From Program Income Funds Available, for the Purpose of Repaying HUD for Cancelled Projects
From the Home Investment Partnership Program.
2. M &C G -17332 - Approve Extension of Injury Leave -of- Absence Pay Benefits in the Amount of
$69,576.00 for Police Officer Richard Lambing.
The City Council approved the following recommendation: Approve a 12 -Month Extension of Injury
Leave -of- Absence Pay Benefits in the Amount of $69,576.00 for Police Officer Richard Lambing
Beginning July 9, 2011, Through July 8, 2012.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 3 of 29
(VII. CONSENT AGENDA Continued)
3. M &C G -17333 - Accept Donation from the Vince Genovese Memorial Foundation for
Equipment and Supplies Valued at Approximately $25,000.00 for Use by the Police
Department's Gang Unit.
The City Council approved the following recommendation: Accept a Donation From the Vince
Genovese Memorial Foundation for the Following Equipment for Use by the Police Department's
Gang Unit: 23 Ballistic Helmets, 2 Ballistic Shields, 23 Vest Carriers, 10 Groin Protectors and 10
Upper Arm Protectors, Valued at Approximately $25,000.00.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11270 - Authorize Non - Exclusive Purchasing Agreements for Electrician Services
with C & M Electrical Contractors, Inc., Cable Electric, Inc., Humphrey and Associates, Inc., All
Fair Electric, Inc., and Fort Worth Electric, L.P., for a Combined Amount of $800,000.00 for the
First Year for the City of Fort Worth.
The City Council approved the following recommendation: Authorize Non - Exclusive Purchasing
Agreements for Electrician Services With C & M Electrical Contractors, Inc., Cable Electric, Inc.,
Humphrey and Associates, Inc., All Fair Electric, Inc., and Fort Worth Electric, L.P., for a Combined
Amount of $800,000.00 for the First Year for the City of Fort Worth, Based on Lowest Bids Meeting
Specifications.
2. M &C P -11271 - Authorize Agreements with Buyers Barricades, Inc., and Dallas Lite and
Barricade, Inc., for Traffic Control Equipment Rental for a Combined Amount of $150,000.00
for the First Year.
The City Council approved the following recommendation: Authorize Agreements With Buyers
Barricades, Inc., and Dallas Lite and Barricade, Inc., for Traffic Control Equipment Rental for a
Combined Amount of $150,000.00 for the First Year.
3. M &C P -11272 - Authorize Non - Exclusive Purchase Agreements with New World Industries,
Incorporated and New Era Contract Services for Boarding and Securing Services for the Code
Compliance Department for a Combined Annual Amount of $120,000.00 for the First Year.
The City Council approved the following recommendation: Authorize Non - Exclusive Purchase
Agreements for Boarding and Securing Services With New World Industries, Incorporated, and New
Era Contract Services for a Combined Annual Amount of $120,000.00 for the First Year.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 4 of 29
(VII. CONSENT AGENDA Continued)
4. M &C P -11273 - Authorize Purchase Agreement with Artex Overhead Door Company for
Overhead Door Repair Services for the City of Fort Worth for an Amount of $55,000.00 for the
First Year.
The City Council approved the following recommendation: Authorize a Purchase Agreement With
Artex Overhead Door Company to Provide Overhead Door Repair Services for the City of Fort Worth
for an Amount of $55,000.00 for the First Year.
E. Award of Contract - Consent Items
1. M &C C -25048 - Authorize Execution of a Contract for Receipt of an Amount, Including
Interest Up to $71,550.00, with the United States Equal Employment Opportunity Commission
to Process Employment Discrimination Cases for Fiscal Year 2011 for the Human Relations Unit
of the City Manager's Office and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract With the United States Equal Employment Opportunity Commission and Accept Funds in an
Amount Up to $71,350.00; Authorize the Use of Anticipated Interest in an Amount Up to $200.00; and
Adopt Appropriation Ordinance No. 19792 -07 -2011 Increasing the Estimated Receipts and
Appropriations in the Grants Fund, Subject to Receipt of Funds, for the Purpose of Processing
Employment Discrimination Cases for Fiscal Year 2011.
2. M &C C -25049 - Authorize Execution of an Encroachment Agreement with Texas Christian
University for the Placement of Two Ten -Inch Chilled Water Lines at 3549 Bellaire Drive North.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Standard Encroachment Agreement With Texas Christian University for the Placement of Two (2)
10 -Inch Chilled Water Lines at 3549 Bellaire Drive North.
3. M &C C -25050 - Authorize Execution of an Encroachment Agreement with CVS Pharmacy
Inc., for the Construction of Paving, a Retention Wall and a Dumpster within a Twenty Foot
Wide Drainage Easement in the Vicinity of 700 West Seminary Drive.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Standard Encroachment Agreement With CVS Pharmacy, Inc., for the Construction of Paving, a
Retention Wall and a Dumpster That Will Encroach Into a 20- Foot Wide Drainage Easement in the
Vicinity of 700 West Seminary Drive.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 5 of 29
(VII. CONSENT AGENDA Continued)
4. M &C C -25051 - Authorize Execution of an Encroachment Agreement with Cosmos
Foundation Inc., for the Construction of a Masonry Screen Wall Over an Existing Water Line
Easement at 8080 West Cleburne Road.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Standard Encroachment Agreement With Cosmos Foundation Inc., for the Construction of a Masonry
Screen Wall Over an Existing Water Line Easement at 8080 West Cleburne Road.
5. M &C C -25052 - Authorize Execution of an Encroachment Agreement with D.R. Horton -
Texas, Ltd for the Construction of a Six Foot Concrete Sidewalk Which will Encroach onto a 15
Foot Drainage Easement in the Vicinity of Heritage Trace Parkway and I -35 and Heritage Trace
Parkway and Harmon Road.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Standard Encroachment Agreement With D.R. Horton - Texas, Ltd. for the Construction of a Six (6)
Foot Concrete Sidewalk Which Will Encroach onto a 15 -Foot Drainage Easement in the Vicinity of
Heritage Trace Parkway and I -35 and Heritage Trace Parkway and Harmon Road.
6. M &C C -25053 - Authorize Execution of an Encroachment Agreement with the Overton Park
and Overton West Voluntary Neighborhood Associations for the Installation of an Irrigation
System Located in the City -Owned Medians from the 3700 Block to the 4100 Block of Hulen
Street.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Standard Encroachment Agreement With Two (2) Five (5) Year Renewal Periods With the Overton
Park and Overton West Voluntary Neighborhood Associations for the Installation of an Irrigation
System in the City -Owned Medians From the 3700 Block to the 4100 Block of Hulen Street.
7. M &C C -25054 - Adopt a Resolution Authorizing an Increase of $50,000.00 to the Maximum
Amount to Be Paid to Kelly Hart & Hallman LLP as Outside Counsel to Represent the City in
an Action Styled Ric Clark, David Ellis and Weldon Norman v. City of Fort Worth, Texas, Civil
Action No. 4:10 -CV- 519 -A, Pending in the United States District Court, Northern District of
Texas, Fort Worth Division, for a Total Amount Not to Exceed $150,000.00.
The City Council approved the following recommendation: Authorize the City Manager to Adopt
Resolution No. 4004 -07 -2011 Increasing the Amount to be Paid to the Law Firm of Kelly Hart &
Hallman LLP By $50,000.00, for a Total Amount Not to Exceed $150,000.00, for Representation of
the City in a Cause of Action Styled Ric Clark, David Ellis and Weldon Norman v. City of Fort Worth,
Texas, Civil Action No. 4:10 -CV- 519 -A, Pending in the United States District Court, Northern District
of Texas, Fort Worth Division.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 6 of 29
(VII. CONSENT AGENDA Continued)
8. M &C C -25055 - Rescind City Secretary Contract No. 39235 with McClendon Construction
Company, Inc., in the Amount of $738,930.00 for 2007 Critical Capital Project for Total
Reconstruction of Premature Failed Streets at Seven Locations and Authorize Execution of a
Contract with McClendon Construction Company, Inc., in the Amount of $869,975.00 for 2007
Critical Capital Project for Reconstruction of Premature Failed Streets at Sixteen Locations.
The City Council approved the following recommendation: Authorize the City Manager to Rescind
City Secretary Contract No. 39235 With McClendon Construction Company, Inc., in the Amount of
$738,930.00 for 2007 Critical Capital Project for Total Reconstruction of Premature Failed Streets at
Seven (7) Locations; and Authorize the City Manager to Execute a Contract With McClendon
Construction Company, Inc., in the Amount of $869,975.00 for 154 Calendar Days for Pavement
Improvements to the Premature Failed Streets, at the Following Locations on the 2007 Critical Capital
Project: Reconstruction of Red Birch Lane, From White Willow Drive to Green Ash Drive; Sugar
Maple Drive, 415 Feet West of Sweet Leaf Court to Sweet Birch Court; Water Oak Drive, From
Shortleaf Lane to Caylor Road; White Willow Drive, From 175 Feet West of Red Birch Lane to Silver
Maple Drive; Smokethorn Drive, From 235 Feet East of Red Birch Lane to Yellow Birch Drive;
Partial Replacement of Blue Wood Drive, From Coffetree Drive to White Willow; Green Ash Drive,
From Red Birch Lane to White Willow Drive; Maplewood Drive, From Coffetree Drive to English
Oak Drive; Maplewood Drive, From Sugar Maple Drive to Coffetree Drive; Redgum Drive, From
Corkwood Drive to East Cul -de -sac; Silver Maple Drive, From Woodland Springs Drive to Green Ash
Drive; Sweet Birch Court, From Sugar Maple Drive to North Cul -de -sac; Sweet Cherry Court, From
Sugar Maple Drive to North Cul -de -sac; Sweet Leaf Court, From Sugar Maple Drive to North Cul -de-
sac; White Willow Drive, From Silver Maple Drive to Green Ash Drive; and Yellow Birch Drive,
From Park Vista Boulevard to Smokethorn Drive.
9. M &C C -25056 - Authorize Execution of Change Order No. 1 in the Amount of $84,325.00 to
City Secretary Contract No. 41156 with McClendon Construction Company, Inc., for Water
Main and Water Services Replacements on Parsons Lane Resulting in an Increased Total
Contract Amount of $1,398,904.80.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 1 in the Amount of $84,325.00 to City Secretary Contract No. 41156, With
McClendon Construction Company, Inc., for Water Main and Water Services Replacements on
Parsons Lane, Thereby Revising the Original Contract Amount to $1,398,904.80.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 7 of 29
(VII. CONSENT AGENDA Continued)
10. M &C C -25057 - Authorize Execution of Amendment No. 1 to Community Facilities
Agreement City Contract No. 39257 with Keller Independent School District and Authorize City
Participation in the Amount of $473,362.11 for the Design and Construction of Old Denton Road
Near the New Timberview Middle School, Located at 10300 Old Denton Road and Adopt
Appropriation Ordinances.
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
19793 -07 -2011 Increasing the Estimated Receipts and Appropriations of the Special Assessments
Fund in the Amount of $384,149.80, From Available Funds, for the Purpose of Transferring Said
Funds to the New Development Fund for the Design and Construction of Roadway, Sidewalk, Storm
Drainage and Street Light Improvements on Old Denton Road; Authorize the Transfer From the
Special Assessments Fund to the New Development Fund; Adopt Appropriation Ordinance No. 19794-
07 -2011 Increasing the Estimated Receipts and Appropriations in the New Development Fund, From
Available Funds, for the Purpose of Funding the Improvements; Authorize the City Manager to
Execute Amendment No. 1 to City Secretary Contract No. 39257, a Community Facilities Agreement
With Keller Independent School District (KISD), the Developer, to Allow the City of Fort Worth to
Participate in the Amount of $473,362.11 for the Design and Construction of Approximately 520
Linear Feet of Old Denton Road and an Additional 2,500 Linear Feet of Sidewalk to Provide
Connectivity to Timberview Middle School; and Upon Approval by the KISD Board, Authorize
Payment to KISD in the Amount of $473,362.11 for the Improvements.
11. M &C C -25058 - Authorize Execution of an Agreement with Trinity River Mitigation Bank,
L.P., in the Amount of $58,500.00 for the Purchase of Wetland Mitigation Bank Credits for the
Eastern Hills Storm System Improvements - Phase 1 Multi -Use Storm Water Detention Basin.
The City Council approved the following recommendation: Authorize the City Manager to Execute an
Agreement With Trinity River Mitigation Bank, L.P., in the Amount of $58,500.00 for the Purchase of
Wetland Mitigation Bank Credits Required for Construction of the Eastern Hills Storm System
Improvements - Phase 1 Multi -Use Storm Water Detention Basin.
12. M &C C -25059 - Authorize Execution of Amendment No. 2 to City Secretary Contract No.
38799 an Interlocal Agreement with the Texas Commission on Environmental Quality for the
Operation of Local Air Pollution Monitors in the Amount of $338,657.00 for a Total Contract of
$1,116,784.23 and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Amendment No. 2 to City Secretary Contract No. 38799 With the Texas Commission on
Environmental Quality (TCEQ) Extending the Contract Time Through August 31, 2012, and
Increasing the Budget Amount From $778,127.23 to $1,116,784.23; Adopt Appropriation Ordinance
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 8 of 29
(VII. CONSENT AGENDA Continued)
(C -25059 Continued)
No. 19795 -07 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the
Amount of $338,657.00 in Fiscal Year 2011 -2012, Subject to Receipt of an Executed Interlocal
Agreement Amendment From TCEQ, for the Purpose of Funding the Operation of Local Air Pollution
Monitors; and Apply Indirect Cost at the Rate of 21.48 Percent in Accordance With the Terms of the
Interlocal Agreement.
13. M &C C -25060 - Authorize Execution of an Agreement for Software and Professional
Services with Advanced Public Safety Inc., for the Purchase of Electronic Citation Software,
Training and Interfaces for the Police Department at a Cost Not to Exceed $53,828.56.
The City Council approved the following recommendation: Authorize Execution of an Agreement for
Software and Professional Services With Advanced Public Safety Inc., for the Purchase and
Implementation of an Electronic Citation Software Package That Supports the Fort Worth Police
Department at a Cost Not to Exceed $53,828.56.
14. M &C C -25061 - Authorize Execution of a Contract with the Boys and Girls Clubs of Greater
Fort Worth in the Amount of $307,015.00 for the First Year to Continue Operation of the Safe
Haven Youth Program at the Polytechnic Martin Boys and Girls Club.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract in the Amount of $307,015.00 for the First Year With the Boys and Girls Clubs of Greater
Fort Worth to Continue Operation of the Safe Haven Youth Program at Polytechnic Martin Boys and
Girls Club; and Authorize the Contract to be Extended for Up to Four (4) One (1) Year Periods
Without Further Action From City Council.
15. M &C C -25062 - Authorize Execution of a Contract with the United Community Center in the
Amount of $132,986.00 to Continue Operation of a Youth Safe Haven Program at the Bethlehem
Community Center in Fort Worth.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract Not to Exceed $132,986.00 With the United Community Center, a Non - Profit Organization,
to Continue Operation of a Youth Safe Haven Program at the Bethlehem Community Center; and
Authorize the Contract to be Extended for Up to Four (4) One (1) Year Periods Without Further Action
From City Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 9 of 29
(VII. CONSENT AGENDA Continued)
16. M &C C -25063 - Authorize Execution of an Agreement with the United States Federal Bureau
of Investigation for Participation in a North Texas Joint Terrorism Task Force and Accept an
Amount Up to $85,000.00 and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Cost Reimbursement Agreement With the United States Federal Bureau of Investigation (FBI) to
Participate in the North Texas Joint Terrorism Task Force by Temporarily Assigning Fort Worth
Police Officers to the Task Force; and Authorize the Agreement to Begin When Authorized Agents of
All Parties Have Signed the Agreement and Continue Until Terminated by Either Party With 30 -Days
Written Notice; and Adopt Appropriation Ordinance No. 19796 -07 -2011 Increasing the Estimated
Receipts and Appropriations in the Grants Fund in the Amount of $85,000.00, Subject to Receipt of
the Agreement, for the Purpose of Funding Overtime Reimbursements for Participation in the Task
Force.
17. M &C C -25064 - Authorize Execution of an Engineering Agreement in the Amount of
$120,000.00 with Dal -Tech Engineering Inc., for Water and Sanitary Sewer Replacement
Contract 2010, STM -B on Bonnie Drive, Gaston Avenue, Overhill Road, Treehaven Road and
Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Transfer of $138,000.00
From the Water and Sewer Operating Fund in the Amount of $72,600.00 to the Water Capital Projects
Fund and $65,400.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No.
19797 -07 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects
Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Water
and Sanitary Sewer Replacement Contract 2010, STM -B; and Authorize the City Manager to Execute
an Engineering Agreement in the Amount of $120,000.00 With Dal -Tech Engineering Inc., for Water
and Sanitary Sewer Replacement Contract 2010, STM -B on Bonnie Drive, From Ruby Place to Chapin
Road; Gaston Avenue, From Penrose Avenue to Fairfax Street; Overhill Road, From Clayton Road to
Southwest Boulevard; and Treehaven Road, From West Vickery Boulevard to Overhill Road.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1820 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 10 of 29
E. Award of Contract - Consent Items (Removed from Consent Agenda for Individual
Consideration)
18. M &C C -25065 - Authorize Execution of an Agreement for Acceptance of Funds in an
Amount Up to $15,000.00 for Fiscal Year 2011 and Up to $50,000.00 Each Fiscal Year Thereafter
from Southwest Water Company for a Water Utility Assistance Program and Adopt
Appropriation Ordinance.
It was the consensus of the Council that Mayor and Council Communication No. C -25065 Authorize
the City Manager to Execute an Agreement to Accept Funds in an Amount Up to $15,000.00 for Fiscal
Year 2011 and Up to $50,000.00 Each Fiscal Year Thereafter From Southwest Water Company for a
Water Utility Assistance Program; and Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Grants Fund, Subject to Receipt of the Grant, for the Purpose of
Funding the Program, be continued until the August 2, 2011, Council meeting.
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation by Fort Worth Sister Cities International Leadership Ac e
Mr. Phil Moroneso, Chairman, Board of Directors for Fort Worth Sister Cities International, expressed
appreciation to the Council for their past and continued support of the Sister Cities Program. He stated
that this was the 23rd year for the International Leadership Academy (ILA) and advised that invitations
for ILA's Closing Ceremony at Texas Christian University would be given to the City Council. He
introduced the student representatives from Reggio Emilia, Italy; Budapest, Hungary; Mbabane,
Swaziland; Bandung, Indonesia; Toluca, Mexico; Guiyang, China and Nagaoka, Japan who presented
gifts to the City on behalf of their country. He also introduced Ms. Nancy Marchant, International
Leadership Academy representative, and expressed appreciation for her dedication and service to the
children around the world.
The student representative from Mbabane, Swaziland and Miss Morgan Killian, student representative
from Fort Worth, expressed appreciation to the Mayor and Council on behalf of the entire student
delegation, for their support of Fort Worth Sister Cities International.
Mayor Price accepted the gifts on behalf of the City and expressed appreciation to the student
representatives. She stated that the Council believed in the Sister Cities Program and she looked
forward to the progress of the program.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 11 of 29
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mayor Price presented the Proclamation for Breastfeeding Awareness Month to Ms. Shannon A.
O'Quin Wingo, Chair, Tarrant County Breastfeeding Coalition. She also introduced Ms. Jackie
McCollum and her son Jackson. She stated the Tarrant County Breastfeeding Coalition would join a
worldwide campaign during the month of August to encourage more women to breastfeed their babies
exclusively until they were six (6) months old and then supplement breast milk with solid foods until
the baby's first birthday or longer. She further stated that about 75% of women in Texas initiated
breastfeeding, but only 11% were exclusively breastfeeding at six (6) months. She advised that a 2010
cost analysis, based on just some of the health advantages of breastfeeding, concluded that if 90% of
families in the United States (U.S.) could breastfeed exclusively for six (6) months, the U.S. would
save a minimum of $13 billion and prevent over 900 deaths per year. She further advised that the City
and State of Texas were committed to increasing public support and acceptance of breastfeeding as the
infant feeding norm and encouraged all citizens to support breastfeeding moms.
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1. Upcoming and Recent Events
Council Member Hicks announced the Code Compliance Department would hold a Public Forum on
July 28, 2011, from 5:30 p.m. to 8:30 p.m. at Texas Weslyan University Martin Hall and for more
information to contact the District 8 Office at (817) 392 -8808. She also expressed appreciation to the
Friends of Tandy Hills organization for their donation of funds to the Police Department and their
sponsorship of field trips for Fort Worth Independent School District children. She stated that last year
140 students from Meadowbrook attended field trips and expressed appreciation for the organization's
continued support of the community.
Council Member Jordan announced that the Ribbon Cutting Ceremony for the new Southwest
Regional Courthouse would be held on July 30, 2011, at 10:00 a.m. He pointed out that the facility
would service all of south and west Fort Worth and would include offices for employees of the Code
Compliance Department and would also provide an additional location for residents to pay water bills
and citations.
1. Recognition of Citizens
There were no citizens recognized at this time.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 12 of 29
XI. PRESENTATIONS BY THE CITY COUNCIL
1. Election of Mayor P r o Tem
Mayor Pro tem Scarth stated he would resign his position as Mayor Pro tem and stated it was an honor
to serve as Mayor Pro tem for the past two (2) years. He pointed out that Mayor Pro tem was a title that
he had hoped would be shared by other members of the Council. He also advised that he enjoyed the
opportunity to participate in many events representing the Mayor and City Council.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Council
Member Zimmerman be appointed Mayor Pro tem of the City of Fort Worth effective
July 26, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays.
Mayor Pro tem Zimmerman expressed appreciation to his wife and the Mayor and Council Members
for their support and stated he looked forward to serving in the Mayor Pro tem capacity for the
Council.
Council Member Espino congratulated Mayor Pro tem Zimmerman and stated it was an honor to serve
with him on the Council and wished him luck in his new position.
There were no changes in membership on Boards and Commissions.
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There were no presentations and /or communications from boards, commissions and /or City Council
committees.
XIIL RESOLUTIONS
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Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that
Resolution No. 4005 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 13 of 29
2. A Resolution Appointing the Board Directors
Corporation
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that
Resolution No. 4006 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
3. A Resolution Appointin2 the Board Directors
Corporation
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that
Resolution No. 4007 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
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Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that
Resolution No. 4008 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
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Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Resolution No. 4009 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
XIV. REPORT OF THE CITY MANAGER
B. General
Drilling of the City Code Regarding Gas
The recommendation was that the City Council Adopt an Ordinance Extending the Moratorium to
October 31, 2011, on Acceptance of Applications for Salt Water Disposal Wells Pending
Consideration of Revised Regulations Regarding Salt Water Disposal Wells as Regulated by Article 11,
Chapter 15, of the City Code Regarding Gas Drilling and Production.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 14 of 29
(G -17334 Continued)
Council Member Espino requested staff work with Quicksilver and Hillwood on a pilot project for the
Alliance Corridor for salt water disposal, while the moratorium was in effect.
Council Member Hicks also requested a future agenda item relative to assessing a fee for truck usage
on City roads related to the wells, since the increased truck traffic was causing road damage.
Motion: Council Member Hicks made a motion, seconded by Council Member Scarth, that Mayor
and Council Communication No. G -17334 be approved and Ordinance No. 19798 -07 -2011
be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that
Mayor and Council Communication Nos. G- 17335, G- 17336, G -17337 and G -17338 be
considered under one (1) motion. The motion carried unanimously nine (9) ayes, to zero (0)
nays.
c c 1 Jill
The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the General Debt Service Fund in the Amount
of $9,120,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same
Amount, for the Cash Defeasance of Certain Tax - Supported Debt; and Adopt Resolution Authorizing
Defeasance of Ad Valorem Tax Supported Obligations.
1
Revenue Bonds, Balance
Appropriation Ordinance.
The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the State Revolving Debt Service Fund in the
Amount of $4,740,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by
the Same Amount, for the Cash Defeasance of All Outstanding Maturities of the City of Fort Worth,
Texas, Water and Sewer System Subordinate Lien Revenue Bonds, Series 2001; and Adopt a
Resolution Authorizing the Cash Defeasance of Water and Sewer System Revenue Bonds.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 15 of 29
The recommendation was that the City Council Adopt the Twenty- Second Supplemental Ordinance
Authorizing the Issuance and Sale of City of Fort Worth, Texas, Water and Sewer System Revenue
Refunding and Improvement Bonds, Series 2011, in an Aggregate Principal Amount Not to Exceed
$180,000,000.00; Delegating to the Designated City Officials the Authority to Effect the Sale of the
Bonds; Enacting Other Provisions Relating to the Subject; and Declaring an Immediate Effective Date;
Authorize the City of Fort Worth, Texas, Water and Sewer System Revenue Refunding and
Improvement Bonds, Series 2011, be Sold Within the Parameters Established in the Ordinance;
Approve the Execution of an Escrow Agreement and Other Instruments Related to the Issuance of the
Bonds; and Approve the Purchase Agreement Setting Forth the Terms and Conditions for the Purchase
of the Refunding and Improvement Bonds.
The recommendation was that the City Council Adopt an Ordinance Providing for the Issuance of the
City of Fort Worth, Texas General Purpose Refunding Bonds, Series 2011, in an Aggregate Principal
Amount Not to Exceed $65,000,000.00, Establishing Parameters With Respect to the Sale of the
Bonds; Delegating to the Designated City Officials the Authority to Effect the Sale of the Bonds;
Enacting Other Provisions Relating to the Subject; and Declaring an Immediate Effective Date;
Authorize the City of Fort Worth, Texas, General Purpose Refunding Bonds, Series 2011, be Sold
Within the Parameters Established in the Ordinance, Consistent With the City's Financial Management
Policy Statements; Approve the Execution of an Escrow Agreement and Other Instruments Related to
the Issuance of the Bonds; and Approve the Purchase Agreement Setting Forth the Terms and
Conditions for the Purchase of the Refunding Bonds.
Mr. James Mauldin, City Treasurer, Financial Management Services Department, appeared before
Council and advised of the following changes to the ordinances related to Mayor and Council
Communication Nos. G -17337 and G- 17338:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 16 of 29
(G -17338 Continued)
Mayor and Council Communication No. G -17337 — Water and Sewer Bonds
Page 3, the 3rd Whereas Clause, add any Assistant City Manager as one of the authorized
representatives to effect the sale of bonds.
Page 3, Section 3(b), authorize the City Manager to designate the senior managing underwriter
for the bonds.
Page 4, Section 3(c), changes the maximum interest rate of the bonds from 10% to 6 %.
Mayor and Council Communication No. G -17338 — General Purpose Bonds
Introductory language, 3rd Whereas Clause, add any Assistant City Manager as one of the
authorized representatives to effect the sale of bonds.
Page 1, Section 2(b), authorize the City Manager to designate the senior managing underwriter
for the bonds.
Page 2, Section 2(c), changes the maximum interest rate of the bonds from 10% to 6 %.
Council Member Jordan stated these items offered significant savings to the City and were prudent and
responsible actions. He also expressed appreciation to City Treasurer James Mauldin and Ms. Laura
Alexander, First Southwest Company, for their diligent work on these items.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication Nos. G- 17335, G- 17336, G -17337 and G -17338 be approved;
Ordinance Nos. 19799 -07 -2011, 19800 -07 -2011 be adopted; Ordinance Nos.
19801 -07 -2011 and 19802 -07 -2011 be adopted as amended; and Resolution Nos.
4010 -07 -2011 and 4011 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes,
to zero (0) nays.
1 .
irs,..4nd Outline
Revocation Process.
The recommendation was that the City Council Adopt an Ordinance Amending Division 2,
"Pushcarts," of Article IV, "Vendors," of Chapter 20 of the Code of the City of Fort Worth, Texas, to
Amend and Add Definitions; to Clarify the Relationship Between Requirements of Division 2 and of
Other Law; to Allow the Director of Code Compliance to Assign and Adjust Specific Locations Within
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 17 of 29
(G -17339 Continued)
the Council- Designated Pushcart Slots; to Impose Additional Design Requirements, Minimum
Operating Hours, and Operation Logging Requirements for Pushcarts Operating in the Downtown
Area; to Establish a Process for Awarding and Re- Awarding Permits for Pushcart Slots in the
Downtown Area; to Limit the Period for Which Slot Permits Remain Effective; to Clarify the
Circumstances Under Which a Pushcart may be Placed on Private Property and Those Locations in
Which Pushcarts may be Operated in General; to Update Cross - References to Other Applicable Law;
to Clarify Provision Relating to Waste Receptacle on Pushcart; to Establish Grounds and Process for
Revocation of Slot Permits; and to Authorize City Manager to Designate Another Individual to Hear
an Appeal on the City Manager's Behalf, Allowing Current Pushcart Permittees to Retain Up to Two
(2) Slot Permits Through December 31, 2012.
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. G -17339 and were recognized by Mayor Price but were not present in the Council
Chamber.
Ms. Luwona Carver, 8005 Ashridge Road
Mr. David Ellis, 711 Crawford Street, Apt. 1205
Council Member Burns expressed appreciation to the Code Compliance Department staff for their
assistance with this item and stated that the amendment to the City Code would allow better service to
the citizens.
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. G -17339 be approved and Ordinance No.
19803 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
D. Land
Aj ,
Additional Acres.
The recommendation was that the City Council Approve the Amendment to the Candleridge Park Oil
and Gas Lease With Chesapeake Exploration, LLC, in the Amount of $43,296.33 as Bonus for 11.543
Additional Acres, More or Less, Correcting the Original Lease Acreage.
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 18 of 29
(L -15221 Continued)
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that
Mayor and Council Communication No. L -15221 be approved. The motion carried
unanimously eight (8) ayes, to zero (0) nays and one (1) abstention by Council Member
Jordan.
2. M&C L-15222 - Authorize Ac isition of 100.167 Acres of Land Locgitd Along Chapin a
in West Tarrant County for the Future Mary's Creek Water Reclamation Facility front The 820
Management Trust, for $4,900,000.00 Plus Estimated Closing Costs of $50,000.00, Authorize
Transfer of Funds and Adopt Appropriation r l a ces.
The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Sewer Capital Projects Fund PS58 in the Amount of
$4,950,000.00, From Available Funds, for the Purpose of Transferring Said Funds to the Sewer Capital
Projects Fund (P 258) for the Acquisition of Land for the Future Mary's Creek Water Reclamation
Facility; Authorize the Transfer of the Funds From the Sewer Capital Project Fund PS58 to the Sewer
Capital Projects Fund P258; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Sewer Capital Projects Fund P 258, From Available Funds, for the Purpose of
Funding the Acquisition of Land; Authorize the Acquisition of 100.167 Acres of Land Consisting of
88.383 Acres Described as Tract IA, James C. Johnson Survey, Abstract No. 871 and 11.784 Acres
Described as a Portion of Tract 1, Cyrus K. Gleason Survey, Abstract No. 559, Tarrant County, Texas,
Located Along Chapin Road in West Tarrant County, From the 820 Management Trust, for the City of
Fort Worth Water Department for $4,900,000.00 Plus Estimated Closing Costs of $50,000.00; and
Authorize the City Manager, or his Designee, to Execute and Record the Appropriate Instruments
Conveying the Property to Complete the Sale.
Mayor Pro tem Zimmerman and Council Member Shingleton expressed appreciation to all of the City
staff who worked on this project and to the citizens who had participated in the many meetings relative
to the water reclamation facility and stated the site selected would provide much needed service to the
area by 2025.
The following individuals completed speaker cards in support of Mayor and Council Communication
No. L- 15222, but did not wish to address the City Council.
Ms. Judy Williams, 9815 Shady Lane
Mr. Don Sabo, 3716 Carman Drive
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 19 of 29
(L -15222 Continued)
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. L -15222 be approved with appreciation to staff and
the citizens and Appropriation Ordinance Nos. 19804 -07 -2011 and 19805 -07 -2011 be
adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
E. Planning & Zoning
c w .
and Timberland 1 t
Boulevard
The recommendation was that the City Council Adopt the Proposed Amendment to the Master
Thoroughfare Plan MT- 011 -002 for the Realignment of a Future Minor Arterial- Keller Hicks Road
Between Old Denton Road and North Riverside Drive Along the Existing Keller Hicks Road Rather
Than Between Old Denton Road and Timberland Boulevard as Shown in the Current Master
Thoroughfare Plan.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. PZ -2945 be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
�.;� c c c
Boundaries.
The recommendation was that the City Council Adopt the Amendment to Joint Resolution and
Agreement No. 23202 With the Town of Northlake Whereby the City of Fort Worth and Town of
Northlake Mutually Agree on a Realignment of Their Extraterritorial Jurisdiction Boundaries.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that
Mayor and Council Communication No. PZ -2946 be approved with appreciation to the staff
from the City of Fort Worth and the Town of Northlake and Resolution No. 4012 -07 -2011
be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 20 of 29
F. Award of Contract
The recommendation was that the City Council Conduct a Public Hearing to Allow Citizen Input and
Consideration of the City's 2011 -2012 Action Plan for Use of Program Income Totaling $75,000.00
and Federal Grant Funds Totaling $10,218,616.00 From the United States Department of Housing and
Urban Development (HUD) Under the Community Development Block Grant (CDBG), HOME
Investment Partnerships Program, Emergency Solutions Grant (ESG) and Housing Opportunities for
Persons With AIDS ( HOPWA) Grant Programs; Approve the City's 2011 -2012 Action Plan for
Submission to HUD Including Allocations of Grant Funds to Particular Programs and Activities;
Authorize the Use of Estimated Program Income Totaling $75,000.00 Resulting From Activities Using
CDBG Funds; Authorize the City Manager, or his Designee, to Execute Contracts for a One (1) Year
Term With the CDBG Agencies, ESG Agencies and HOPWA Grant Funds for Program Year 2011-
2012, Contingent Upon Receipt of Funding; Authorize the City Manager, or his Designee, to Extend
the Contracts for Up to One (1) Year if an Agency Requests an Extension and Such Extension is
Necessary for Completion of the Program; Authorize the City Manager, or his Designee, to Amend the
Contracts, if Necessary, to Achieve Program Goals, Provided any Amendment is Within the Scope of
the Program and in Compliance With City Policies and all Applicable Laws and Regulations
Governing the Use of Federal Grant Funds; Apply Indirect Cost Rates as Applicable for the Grants
Fund in Accordance With the City's Administrative Regulations; and Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Total
Amount of $10,293,616.00, Subject to Receipt of Various Grants, for the Purpose of Funding Major
Housing and Community Development Activities.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
a. r
Jay Chapa, Director, Housing and Economic Development Department, appeared before Council and
provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 21 of 29
(C -25066 Continued)
b. Citizen Presentations
Mr. Jay Helm, 8361 Whippoorwill, Chief Financial Officer, YMCA Metropolitan Fort Worth,
appeared before Council in opposition to Mayor and Council Communication No. C -25066 and stated
that the funding for the YMCA Fort Worth had been cut from $72,000.00 to zero (0) in the proposed
FY 2011 -2012 Action Plan. He stated that the funds helped support the early childhood development
center in the Butler Housing District and several after school programs. He stated that the reasons that
their funding was cut were due to a financial ratio calculation that was not commonly used and not
relevant to the YMCA organization and the fact that their audits were not current. He stated that the
YMCA had a great relationship with the City and always provided assistance when necessary. He
requested that the funding be re- evaluated by the Council.
Council Member Jordan requested an item be added to the Housing and Economic Development
Committee Agenda for August 2, 2011, regarding the funding for the YMCA and stated he agreed that
the YMCA had been a great community partner.
Council Member Scarth also requested the Housing and Economic Development Department staff
provide an assessment of how the outcome might have changed had the YMCA Audits been completed
in a timely fashion.
c. Council Action
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 22 of 29
3. M&C C-25068 - Authorize ve- e r Tax Abatement Agree ent with Shawn e for
r_ ery Located at 32 Henderson Street in the Magnolia Village e r
Empower ent Zone.
The recommendation was that the City Council Authorize the City Manager to Enter into a Five (5)
Year Tax Abatement Agreement With Shawn Fite for the Property Located at 1329 S. Henderson
Street, Described as Being the South 75 Feet of the West 1/2 of Lot 7, Block 26 of the DS Ross
Subdivision of Block 26, Field -Welch Addition an Addition to the City of Fort Worth, Tarrant County,
Texas, in the Magnolia Village Neighborhood Empowerment Zone in Accordance With the
Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. C -25068 be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
4. MSC C -25069 - Authorize Five -Year Tax Abatement Agreeriaent with Shawn Fite for
Property ocated at 1710 5th Avenue in the a is Vi a e ei r er e t
Zone.
The recommendation was that the City Council Authorize the City Manager to Enter into a Five (5)
Year Tax Abatement Agreement With Shawn Fite for the Property Located at 1710 5th Avenue,
Described as Block 7, Lots 27 and 28, Fairmount Addition an Addition to the City of Fort Worth,
Tarrant County, Texas, in the Magnolia Village Neighborhood Empowerment Zone in Accordance
With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Mayor
and Council Communication No. C -25069 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
5. MSC C -25070 - Authorize Execution of a Public Right -of Wal Use Agreement Granting
Texas Midstream Gas Services, LLC, a Lic e se to str ct and erate a Natural Gas
Gathering Pipeline Across Ederville Road, Cooks Lane, Morrison Drive and Sandy Lane.
The recommendation was that the City Council Authorize the City Manager to Execute a Public Right -
of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct
and Operate a Natural Gas Gathering Pipeline Across Ederville Road, West of Terbet Lane; Cooks
Lane; North of I -30, Morrison Drive, South of Anderson Boulevard and Sandy Lane, South of
Anderson Boulevard, for a One (1) Time License Fee of $32,649.75.
Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -25070 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 23 of 29
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 24 of 29
(C -25072 Continued)
Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or his
Designee, to Extend or Renew the Contract for Up to One (1) Year if Tarrant County Housing
Partnership, Inc., Requests an Extension and Such Extension is Necessary for Completion of the
Project; Authorize the City Manager, or his Designee, to Amend the Contract if Necessary to Achieve
Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance
With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds;
and Authorize the City Manager to Substitute Funding Years in Order to Meet Commitment,
Disbursement, and Expenditure Deadlines for Grant Funds From the United States Department of
Housing and Urban Development.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. C -25072 be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
1 I ,
Shelter Rehabilitation Ahorize 'Execution of a Contract with Presbvterian Ni2
Shelter for the Rehabilitation of the Main Shelter's Bathrooms,
Amendment to the City's 2008-2009 Action Plan.
The recommendation was that the City Council Authorize a Substantial Amendment to the City's
2008 -2009 Action Plan; Authorize a Change in Use and Expenditure of Up to $175,000.00 in
Community Development Block Grant Funds for the Project Known as the Presbyterian Night Shelter
Rehabilitation Project Located at 2400 Cypress Street, Fort Worth, Texas 76102; Authorize the City
Manager, or his Designee, to Execute a Contract for the Project With Presbyterian Night Shelter of
Tarrant County for Up to $175,000.00 for a One (1) Year Term Beginning on the Date of Contract
Execution; Authorize the City Manager, or his Designee, to Extend or Renew the Contract for Up to
One (1) Year if the Agency Requests an Extension and Such Extension is Necessary for the
Completion of the Project; and Authorize the City Manager, or his Designee, to Amend the Contract, if
Necessary, to Achieve Project Goals and Completion Provided that the Amendment is Within the
Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations
Governing the Use of Federal Grant Funds.
Council Member Hicks advised that she served on the Board of the Presbyterian Night Shelter and
would be abstaining from this agenda item.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. C -25073 be approved in remembrance of Joe Don
Brandon. The motion carried unanimously eight (8) ayes, to zero (0) nays and one (1)
abstention by Council Member Hicks.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 25 of 29
The recommendation was that the City Council Authorize the Transfer of $392,993.45 From the Water
and Sewer Operating Fund in the Amounts of $259,895.95 to the Water Capital Projects Fund and
$133,097.50 to the Sewer Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Water Capital Projects Fund and the Sewer Capital
Projects Fund, From Available Funds, for the Purpose of Funding Pavement Reconstruction and Water
and Sanitary Sewer Main Replacement on Portions of Avenue M From Miller Avenue to South
Hughes Avenue, Edgewood Terrace South From Judy Lane to Hampshire Boulevard and Valley Vista
Drive From 100 Feet South of Highway 10 to East Hurst Boulevard (Highway 10); and Authorize the
City Manager to Execute a Contract With McClendon Construction Company, Inc., in the Amount of
$916,184.82 for the Pavement Reconstruction and Water and Sanitary Sewer Main Replacement.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -25074 be approved and Appropriation Ordinance No.
19810 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
Ills
RAM111111 kl[161111c 111111 111113111111 1111171111111
Use Storm Water Detention .,
The recommendation was that the City Council Authorize the City Manager to Execute a Contract
With Conatser Construction TX, LP, in the Amount of $1,674,006.00 for Construction of the Eastern
Hills Storm System Improvements - Phase 1 Multi -Use Storm Water Detention Basin.
Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -25075 be approved. The motion carried unanimously
eight (8) ayes, to zero (0) nays and one (1) abstention by Council Member Moss.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 26 of 29
It was the consensus of the Council that Mayor and Council Communication No. C -25076 Adopt a
Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the
Environmental Protection Operating Fund in the Amount of $62,000.00, and Decreasing the
Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Pumping
Contaminated Surface Water at 2500 Brennan Avenue; Authorize the Transfer of $62,000.00 From
the Environmental Protection Operating Fund to the Environmental Protection Project Fund; Adopt an
Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Environmental
Protection Project Fund From Available Funds, for the Purpose of Pumping Contaminated Surface
Water at 2500 Brennan Avenue; and Ratify Change Order No. 1 to City Secretary Contract No. 40686
With Sunbelt Industrial Services, Inc., in the Amount of $62,000.00 for Pumping the Contaminated
Surface Water, be continued until the August 2, 2011, Council meeting.
go
15 1
. 1.
School 1 District
$1,610,000.00 for the First Year. I
The recommendation was that the City Council Authorize the City Manager to Execute an After -
School Program Agreement in the Amount of $1,610,000.00 for the First Year With Four (4) School
Districts That are Attended by Residents of Fort Worth, Including Fort Worth Independent School
District, Crowley Independent School District, Keller Independent School District and White
Settlement Independent School District to Operate an After - School Program at Selected Schools as a
Juvenile Crime Prevention Measure During Fiscal Year 2012; and Authorize the Agreement to be
Renewed for Up to Four (4) One (1) Year Periods Without Further Action From City Council.
Council Members Jordan and Moss advised that they had filed a Conflict of Interest Affidavit with the
City Secretary's Office would abstain from voting on this item.
Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor
and Council Communication No. C -25077 be approved. The motion carried unanimously
seven (7) ayes, to zero (0) nays and two (2) abstentions by Council Members Moss and
Jordan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 27 of 29
13. M&C C-25078 - Authorize xec ti a Contract in the Amount of $ it
William J. Schultz, Inc., cl /kt /a Circle ` °C`° Construction Company, for Sanitary Sewer
Rehabilitation Contract LXXII, Part 2, on Killian Street, Eastover Avenue, Angle Avenue,
Meadowbrook Drive and ey venue and Adopt Appropriation 0 r l a ce.
The recommendation was that the City Council Authorize the Transfer of $97,058.00 From the Water
and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopt an Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, From
Available Funds, for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LXXII (72), Part
2; and Authorize the City Manager to Execute a Contract in the Amount of $1,968,610.00 With
William J. Schultz, Inc., d /b /a Circle "C" Construction Company, for Sanitary Sewer Rehabilitation
Contract LXXII, Part 2, for the Replacement of Deteriorated Sanitary Sewer Mains Located on Killian
Street, From Miller Avenue to Eastover Avenue; Angle Avenue, From Prairie Avenue to West Long
Avenue; Ramey Avenue, From Carruthers Drive to Debra Court Drive; Meadowbrook Drive, From
Petworth Place to North Edgewood Terrace; and Eastover Avenue, From Killian Street to Wilbarger
Street.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -25078 be approved and Appropriation Ordinance No.
19811 -07 -2011 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
XV. CITIZEN PRESENTATIONS
Mr. Ron Slate, 7017 Sandalwood Lane, appeared before Council and suggested that public notices be
printed only in English as a cost reduction for the City.
Ms. Jerry Horton, 2608 Carter Avenue, appeared before Council and referenced a Fort Worth Star
Telegram newspaper article from July 24, 2011, which stated certain City employees had received pay
raises. She stated this was unfair since the City retirement fund was deficient and requested the raises
be rescinded. She also stated that the house next door to her property was in disrepair and was infested
with rats and should be condemned. She added that the property had been cleaned by the City four (4)
times within the past five (5) years. She also requested the Council view photographs of the property
but did not display the photographs for the public. She advised that the family had moved out of this
house.
Council Member Hicks advised that Mr. Harvey Frye, Senior Assistant City Attorney, was working
with the District Attorney to schedule a court date for the property in question and to secure the
property, if necessary. She also expressed concern over certain City employees receiving pay
increases.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 28 of 29
(XV. CITIZEN PRESENTATIONS Continued)
Mr. Brandon Bennett, Director, Code Compliance Department, advised that the earliest this item
would be set for trial would be October 2011.
Council Member Hicks requested the Code Compliance Department staff perform a site check on the
property to ensure the City was doing all it could to remedy the situation prior to a court date being
scheduled.
Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council and displayed an article that
appeared in the Fort Worth Star Telegram newspaper on July 23, 2011, regarding the death of Mr. Joe
Don Brandon, a prominent member of the homeless community. He stated that Mr. Brandon always
worked for the good of the homeless community and the City and was a volunteer that would be
missed.
Mayor Price recessed the meeting back into Pre - Council meeting at 11:10 a.m., to complete the
following Agenda items:
5. Update on Board and Commissions Appointment Process
6. Presentation on School Zone Safety and Sidewalk Construction
8. City Council Requests for Future Agenda Items and /or Reports
Mayor Price adjourned the Pre - Council meeting to convene in the Executive Session at 11:55 a.m.
XVL EXECUTIVE SESSION (PRE- COUNCIL CHAMBER)
It was the consensus of the City Council that the City Council meet in closed session at 11:55 a.m., to:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or
other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar
Rules, as authorized by Section 551.071 of the Texas Government Code:
a. Legal issues related to sales tax refund lawsuits against the Texas Comptroller of Public
Accounts;
b. Legal issues related to condemnation proceedings required by the extension of the
Alliance Airport runway;
C. Legal issues regarding setback requirements in the gas drilling ordinance;
d. Legal issues pertaining to property restrictions in the Bridgewood Village Subdivision;
and
e. Legal issues concerning any item listed on today's City Council meeting agendas.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 26, 2011
PAGE 29 of 29
(XVI. EXECUTIVE SESSION Continued)
2. Deliberate the purchase, sale, lease or value of real property in accordance with Section
551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental
effect on the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of
the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
Mayor Price adjourned the Executive Session of the Fort Worth City Council at 12:50 p.m.
Mayor Price reconvened back into regular session at 12:50 p.m.
XVII. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:50 p.m., in memory of Mr. Joe Don
Brandon, a homeless community activist and City volunteer who passed away on July 22, 2011.
These minutes approved by the Fort Worth City Council on the 2nd day of August, 2011.
Attest: A
Marty He rix
City Secretary Mayor