HomeMy WebLinkAbout2010/09/28-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
Present
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 Carter Burdette, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Absent
Mayor Mike Moncrief
Staff Present
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor Pro tem Scarth called the regular session
of the Fort Worth City Council to order at 10:12 a.m. on Tuesday, September 28, 2010, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102,
with Mayor Moncrief absent.
IL INVOCATION m Pastor Chris Freeland, McKinney Cl►urch
The invocation was provided by Pastor Chris Freeland, McKinney Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 2010
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that the
minutes of the regular meeting of September 21, 2010, be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 2 of 28
6,
City Manager Fisseler requested that Mayor and Council Communication No. G -17062 be withdrawn
from the Consent Agenda for individual consideration.
girii '• . iiiii " 1 .' c '•
City Manager Fisseler requested that Mayor and Council Communication No. L -15071 be continued
until the October 5, 2010, Council meeting.
VII. CONSENT AGENDA
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved as amended. The motion carried unanimously eight (8) ayes
to zero (0) nays, with Mayor Moncrief absent.
A. General - Consent Items
1. M &C G -17060 - Authorize a Time Extension of the Temporary Road Closure of Crestline
Road Between University Drive and Trinity Park Drive from October 1, 2010 to
October 30, 2010.
Approved by the City Council as recommended and as follows: Authorizing a Time Extension of the
Temporary Road Closure of Crestline Road Between University Drive and Trinity Park Drive From
October 1, 2010, to October 30, 2010, to Facilitate Construction Associated With the Harley Avenue
Paving, Drainage, Water and Sanitary Sewer Line Improvements Units I & 11 Project.
2. M &C G -17061 - Authorize Temporary Closure of W. R. Watt Drive, Burnett -Tandy Drive,
and Gendy Street for Twenty -Eight Days beginning Monday, January 10, 2011 through Sunday,
February 6, 2011 and Trinity Park Drive for Nine Days During the 2011 Southwestern
Exposition and Livestock Show.
Approved by the City Council as recommended and as follows: Approving the Request of the
Southwestern Exposition and Livestock Show to Temporarily Close the Following Streets Beginning
Monday, January 10, 2011, Through Sunday, February 6, 2011; W. R. Watt Drive From Harley to
Burnett -Tandy Drive; Burnett -Tandy Drive West to Gendy Street; Gendy Street From Harley North to
Lancaster Avenue; and Trinity Park Drive From University Drive to Crestline Road (January 20, 2011,
January 21, 2011, January 24, 2011, January 26, 2011, January 27, 2011, January 31, 2011,
February 1, 2011, February 2, 2011 and February 4, 2011).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 3 of 28
(VII. CONSENT AGENDA Continued)
4. M &C G -17063 - Authorize the Transfer of $220,000.00 from the Water and Sewer Fund to
the Stormwater Utility Fund in Exchange for a 2008 Caterpillar D6T Dozer.
Approved by the City Council as recommended and as follows: Authorizing the Transfer of
$220,000.00 From the Water and Sewer Fund to the Stormwater Utility Fund in Exchange for a 2008
Caterpillar D6T Dozer.
C. Land - Consent Items
1. M &C L -15064 - Authorize the Purchase of 0.101 Acres of Land for Right -of -Way in Fee and a
0.034 Acre Temporary Construction Easement Located at 11655 Alta Vista Road from Legacy
Impact Investments, L.P. for a Total of $42,060.00 and Pay the Estimated Closing Costs of
$3,000.00 for the North Beach Street Widening Project.
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Right -
of -Way in Fee and a Temporary Construction Easement at 11655 Alta Vista Road, Described as Parcel
10, Abstract No. 266, Tract 2 DO1, Francisco Cuella Survey, Fort Worth, Texas, From Legacy Impact
Investments L.P.; Finding That the Price of $41,500.00 Offered for the Purchase of the Right -of -Way
and $560.00 for the Temporary Construction Easement is Just Compensation; and Authorizing the City
Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to
Pay Closing Costs Up to $3,000.00.
2. M &C L -15065 - Authorize the Purchase of an Improved Lot Located at 2810 Decatur Avenue
from Karen Renee Tijerina for $62,500.00 and Pay the Estimated Closing Costs of $4,000.00 for
the Lebow Channel Watershed Improvements Project.
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of an
Improved Lot Located at 2810 Decatur Avenue, Lots 4 and 5, Block 64, Morgan Heights Subdivision,
Fort Worth, Texas, From Karen Renee Tijerina; Finding That the Price of $62,500.00 Offered for the
Purchase of the Improved Lot is Just Compensation for the Acquisition; and Authorizing the City
Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to
Pay Closing Costs Up to $4,000.00.
3. M &C L -15066 - Authorize the Purchase of 0.215 Acre in Fee for Right -of -Way Located at
8069 Old Decatur Road from Charles E. Smith, Trustee for the Charles E. Smith Trust for a
Total of $23,400.00 and Pay the Estimated Closing Costs of $2,000.00 for the Old Decatur Road
Widening Project from Bailey - Boswell to WJ Boaz Road.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 4 of 28
(VII. CONSENT AGENDA Continued)
(G -15066 Continued)
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Right -
of -Way in Fee Located at 8069 Old Decatur Road, Abstract No. 1849, Tr lAa, Alexander F. Albright
Survey, Fort Worth, Texas, From Charles E. Smith, Trustee for the Charles E. Smith Trust; Finding
That the Price of $23,400.00 Offered for the Purchase of the Right -of -Way is Just Compensation for
the Acquisition; and Authorizing the City Manager or his Designee to Accept the Conveyance and
Record the Appropriate Instruments and to Pay Closing Costs Up to $2,000.00.
4. M &C L -15067 - Authorize the Purchase of 0.017 Acre in Fee for Right -of -Way Located at
8625 Old Decatur Road from the Marie L. Bryson Estate for a Total of $330.00 and Pay the
Estimated Closing Costs of $1,000.00 for the Old Decatur Road Widening Project from Bailey -
Boswell to WJ Boaz Road.
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Right -
of -Way in Fee Located at 8625 Old Decatur Road, Abstract No. 834, Tr 1M, I &G N RR Co. Survey,
Fort Worth, Texas, From the Marie L. Bryson Estate; Finding That the Price of $330.00 Offered for
the Purchase of the Right -of -Way is Just Compensation for the Acquisition; and Authorizing the City
Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to
Pay Closing Costs Up to $1,000.00.
5. M &C L -15068 - Accept the Dedication of Approximately 5.015 Acres of Parkland and Facility
Improvements from Arcadia Lots, Ltd., as an Addition to Arcadia Trail Park North.
Approved by the City Council as recommended and as follows: Accepting the Dedication of
Approximately 5.015 Acres of Parkland and Facility Improvements Described as 0.518 Acre Tract of
Land Situated in the C. C. Whyte Survey, Abstract No. 1611, Intending to be All of Lot 2x, Block 42,
and Being a Portion of That Tract of Land Described by Deed to Arcadia Lots, Ltd., Recorded in
Volume 16457, Page 236 (Tract 2), Deed Records, Tarrant County, Texas and Described as a 4.497
Acre Tract of Land Situated in the C. C. Whyte Survey, Abstract No. 1611, Intending to be All of Lot
Ix, Block 43, and Being a Portion of That Tract of Land Conveyed to Arcadia Lots, Ltd., Recorded in
Volume 16457, Page 236 (Tract 1), Deed Records, Tarrant County, Texas, From Arcadia Lots, Ltd., in
Accordance With the Neighborhood and Community Park Dedication Policy as an Addition to Arcadia
Trail Park North.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 5 of 28
(VII. CONSENT AGENDA Continued)
D. Planning & Zoning - Consent Items
1. M &C PZ -2911 - Adopt an Ordinance Vacating a Portion of Verbena Street between South
Freeway and Missouri Avenue.
Approved by the City Council as recommended and as follows: Adopting Ordinance No. 19367 -09-
2010 Vacating and Extinguishing a Portion of Verbena Street Between South Freeway and Missouri
Avenue, Situated in the W. J. Boaz's Subdivision of the Evans - South, an Addition to the City of Fort
Worth, Tarrant County, Texas, and Waiving Any and All Purchase Fee Value of the Vacated Land in
Accordance With City Policy (M &C G- 15624).
E. Award of Contract - Consent Items
1. M &C C -24481 - Authorize Amendment No. 1 in the Amount of $454,000.00 to City Secretary
Contract No. 39429, a Professional Services Agreement with CH2MHill, for Additional Project
Control /Transition Services for Integrated Program Management, Phase 3.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 1 in the Amount of $454,000.00 to City Secretary Contract No. 39429, a
Professional Services Agreement With CH2MHill, for Additional Project Control /Transition Services
for Integrated Program Management, Phase 3, Thereby Revising the Contract Amount to
$4,853,108.00.
2. M &C C -24482 - Authorize Execution of an Encroachment Agreement with Southwestern
Baptist Theological Seminary for Chilled Water Lines, Private Gas Lines, PVC Lines for Private
Fire Protection, and PVC Conduits for Telecommunication and Fiber Optic Utilities to be Bored
Beneath the 1800 Block of Spurgeon Avenue and the 4600 Block of Stanley Avenue.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Standard Encroachment Agreement With The Southwestern Baptist Seminary for the
Installation of 17 Conduits and Sleeves to Run Private Telecommunications and Fiber Optic Cables,
Chilled Water Lines, Gas, and Future Telecommunication and Fiber Optic Utilities to be Bored
Beneath the 1800 Block of Spurgeon Avenue and the 4600 Block of Stanley Avenue Rights -of -Way.
3. M &C C -24483 - Authorize Change Order No. 3 in the Amount of $95,186.00 to City Secretary
Contract No. 38025 with McClendon Construction Company, Inc., for Additional Sidewalk
Construction on North Terry Street Between 32nd Street and Long Avenue.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 3 in the Amount of $95,186.00 to City Secretary Contract No. 38025 With
McClendon Construction Company, Inc., for Additional Sidewalk Construction on North Terry Street
Between 32nd Street and Long Avenue Thereby Increasing the Total Contract Amount to
$1,689,486.50.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 6 of 28
(VII. CONSENT AGENDA Continued)
4. M &C C -24484 - Authorize Amendment No. 2 in the Amount of $139,610.00 to City Secretary
Contract No. 35371, an Engineering Agreement with James DeOtte Engineering, Inc., for the
Storm Water Utility Project - Edgehill Road Storm Drain Extension.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 2 With James DeOtte Engineering, Inc., for the Storm Water Utility Project -
Edgehill Road Storm Drain Extension, in the Amount of $139,610.00 to City Secretary Contract No.
35371, Thereby Revising the Total Contract Cost to $197,332.00.
5. M &C C -24485 - Authorize a Contract with Jackson Construction, Ltd., in the Amount of
$296,715.00 for the Ruidosa Bandera Drainage Improvements.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract with Jackson Construction, Ltd., in the Amount of $296,715.00 for Construction of
the Ruidosa Bandera Drainage Improvements.
6. M &C C -24486 - Authorize a Work Order in the Amount of $80,923.69 with Job Order
Contractor, Yeargan Construction Company -The Mark IV Construction Group, to Replace the
First Floor Carpet at the Fort Worth Convention Center.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Work Order With Job Order Contractor, Yeargan Construction Company —The Mark IV
Construction Group, in the Amount of $80,923.69 to Replace the First Floor Carpet at the Fort Worth
Convention Center.
7. M &C C -24487 - Authorize a Contract in the Amount of $68,950.00 with Northstar
Construction Inc., for Pedestrian Crosswalk and Pavement Marking Improvements on Hemphill
Street between Vickery Boulevard and Oleander Street and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the Transfer of
$70,000.00 From the Special Assessment District Fund to the Specially Funded Capital Projects Fund;
Adopting Appropriation Ordinance No. 19368 -09 -2010 Increasing the Estimated Receipts and
Appropriations in the Specially Funded Capital Projects Fund in the Amount of $70,000.00, From
Available Funds, for the Purpose of Funding Pedestrian Crosswalk and Pavement Marking
Improvements on Hemphill Street Between Vickery Boulevard and Oleander Street (Project 01475);
and Authorizing the City Manager to Execute a Contract in the Amount of $68,950.00 With Northstar
Construction, Inc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 7 of 28
(VII. CONSENT AGENDA Continued)
8. M &C C -24488 - Authorize the Second Renewal of City Secretary Contract No. 36695 in the
Amount of $120,000.00 with Macval Associates, LLC, for the Construction and Replacement of
Sidewalks Citywide.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute the Second Renewal of City Secretary Contract No. 36695 in the Amount of $120,000.00
With Macval Associates, LLC, for the Construction and Replacement of Sidewalks Citywide.
9. M &C C -24489 - Authorize the City Manager to Execute an Agreement with the Internal
Revenue Service, Criminal Investigation, for the Purpose of Receiving Reimbursable Costs in an
Amount Up to $145,000.00 Over Five Years Incurred by the City in Providing Resources to Joint
Operations /Task Forces and Adopt an Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute an Agreement With the Internal Revenue Service, Criminal Investigation, for the Purpose of
Receiving Reimbursable Overtime ($15,000.00 per year) and Travel and Other Costs ($14,000.00 per
year) Incurred by the City in Providing Resources to a Joint Operations /Task Force; Authorizing the
Agreement to be Renewed for Up to Four (4) One (1) Year Periods Without Further Council Action;
and Adopting Appropriation Ordinance No. 19369 -09 -2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $145,000.00, Upon Receipt of Funds and
Execution of the Agreement.
10. M &C C -24490 - Authorize an Engineering Agreement in the Amount of $446,192.00 with
White Rock Consultants for Contract Management of the Interceptor Condition Assessment
Program.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute an Engineering Agreement in the Amount of $446,192.00 With White Rock Consultants for
the Management of a Citywide Sanitary Sewer Interceptor Condition Assessment Program.
11. M &C C -24491 - Authorize an Engineering Agreement in the Amount of $263,800.00 with
Dunaway Associates, L.P., for Water Main Relocation Along State Highway 114 at F.M.156.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute an Engineering Agreement in the Amount of $263,800.00 With Dunaway Associates, L.P., for
Water Main Relocation Along State Highway 114 at F.M. 156.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 8 of 28
(VII. CONSENT AGENDA Continued)
12. M &C C -24492 - Authorize a Contract in the Amount of $582,252.50 with Cleburne Utility
Construction, Inc., for Sanitary Sewer Rehabilitation Contract LXVIII (68), Part 3, on Penticost
Street, Alley Between Humbert Avenue and Farnsworth Avenue, and Alley Between Helmick
Avenue and Carver Drive and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the Transfer of
$631,252.50 From the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting
Appropriation Ordinance No. 19370 -09 -2010 Increasing the Estimated Receipts and Appropriations in
the Sewer Capital Projects Fund in the Amount of $631,252.50, From Available Funds, for Sanitary
Sewer Rehabilitation Contract LXVIII (68), Part 3, on Penticost Street, Alley Between Humbert
Avenue and Farnsworth Avenue, and Alley Between Helmick Avenue and Carver Drive; and
Authorizing the City Manager to Execute a Contract in the Amount of $582,252.50 With Cleburne
Utility Construction, Inc.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1786 - Notice of Claims for Alleged Damages and /or Injuries
2.00S - 1787 - Liability Bonds Approval
End of Consent Agenda.
A. General - Consent Items (Removed from Consent for Individual Consideration)
3. M &C G -17062 - Authorize a Transfer of $943,848.00 from the Water and Sewer Fund to the
Fort Worth Public Art Program and Adopt Appropriatio Ordinance
The recommendation was that the City Council Authorize the Transfer of $943,848.00 From the Water
and Sewer Fund to the Specially Funded Capital Projects Fund for the Water Department's
Contribution to Public Art Funding; and Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Specially Funded Capital Projects Fund in the Amount of
$943,848.00, From Available Funds.
City Manager Fisseler advised of the following correction to Mayor and Council Communication No.
G- 17062:
In the discussion section, third paragraph, the phrase "Fiscal Year 2008 - 2009 Annual Work Plan"
should read "Fiscal Year 2010 - 2011 Annual Work Plan".
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. G -17062 be approved as corrected and
Appropriation Ordinance No. 19371 -09 -2010 be adopted. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 9 of 28
IX. SPECIAL PRESENTATIONS, ,
1. Presentation of Proclamation for National i t t
Mayor Pro tem Scarth presented the Proclamation for National Night Out to Police Chief Jeff Halstead,
Police Department. He stated that the National Association of Town Watch (NATW) was sponsoring a
unique nationwide crime, drug and violence prevention program on October 5, 2010, entitled "National
Night Out" where police- community partnerships, neighborhood safety, awareness and cooperation
were important themes. He further stated that the "27th Annual National Night Out" provided a unique
opportunity for the City to join forces with thousands of other communities across the world in
promoting cooperative, police- community crime prevention efforts. He pointed out that it was essential
that all citizens of Fort Worth, including 1,510 Neighborhood Crime Watch groups, 250 Citizen on
Patrol groups, graduates of the Citizens Police Academy and members of Volunteers in Policing, assist
our dedicated Police Officers by playing a vital role and being aware of the importance of crime
prevention programs and the impact that their participation could have on reducing crime, drugs and
violence in the City. He called upon all citizens of Fort Worth to join the Fort Worth Police
Department and the National Association of Town Watch in supporting the "27th Annual National
Night Out."
2. Presentation of Proclamation for Harambee Festival Dpa
Council Member Hicks presented the Proclamation for Harambee Festival Day to Debra Lewis,
Festival Chair, Kate Pavlik, Marketing Director and Kate Lattimore, Tarrant County Black Historical
and Genealogical Society member. She stated that Harambee, meant "to pull together" in Swahili and
festivals occurred across the United States as a celebration of life and culture. She further stated that
the diversity of Fort Worth and Tarrant County was vast and should be celebrated. She advised that the
Tarrant County Black Historical and Genealogical Society, as well as, a great number of individuals
and organizations had pulled together to proudly present the First Annual Tarrant County Harambee
Festival in the historic Evans Avenue Plaza of Terrell Heights. She pointed out that the Tarrant County
Harambee Festival, which celebrated a beautiful shared heritage, would feature a variety of family
activities including music and games in addition to arts and crafts which focused on promoting love
and harmony between people of all color. She added that this day also recognized the first open house
in the Lenora Rolla Heritage Center Museum which was one (1) example of how the Harambee
Festival celebrated history and hoped to make history here in Fort Worth and Tarrant County.
Ms. Lattimore expressed appreciation for the proclamation and showed a PowerPoint presentation
which provided an overview of the history of the Tarrant County Black Historical and Genealogical
Society. She also acknowledged the Tarrant County Black Historical and Genealogical Society's
efforts in establishing a local Harambee Festival and advised that the Lenora Rolla Heritage Center
Museum was recognized with the Preservation Achievement Award during the Annual Historic Fort
Worth, Inc., Preservation event.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 10 of 28
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #2 Continued)
Ms. Lewis expressed appreciation to Council Member Hicks for her support of the festival. She also
provided an overview of the history of the Harambee Festival and invited everyone to attend the event
on October 2, 2010, from 10:00 a.m. to 6:00 p.m., at Evans Avenue Plaza.
3. Presentation by the Near Southside 13th Arts Gob le
Council Member Burns advised that Arts Goggle was a huge arts event held by the Near Southside and
advised that this year's event had grown to over 65 venues.
Mr. Paul Paine, President, Fort Worth South, Inc., advised that the Near Southside 13th Arts Goggle
was a free, open to the public grassroots gallery crawl Near Southside event held twice each year since
2003. He further advised that over 65 Near Southside businesses were transformed into art galleries
for a Saturday evening each spring and fall and hosted artists and musicians from the neighborhood
and throughout the Metroplex. He stated that the event had steadily grown in popularity and had drawn
thousands of visitors from all over the Fort Worth area. He further stated that Arts Goggle was made
possible through the hard work of all of the artists, musicians and businesses that participate, as well
as, the Fort Worth South, Inc. (FWSI) Marketing Committee. He expressed appreciation to FWSI and
the "T" and pointed out that FWSI sponsored four (4) pedi -cabs and the "T" provided Molly The
Trolley service to conveniently move people throughout the Near Southside Goggle events. He
provided a program of events to the Council Members and invited everyone to the event to experience
the excitement, food, drinks and music on October 2, 2010, from 4:00 p.m. to 10:00 p.m.
��ili 1111111111 iii 11411 w w, 1
1. Upcoming a nd Recent Events
Council Member Hicks announced that ACH Child and Family Services, the Tarrant County Black
Historical and Genealogical Society and TownSite Co. and Historic Fort Worth, Inc., were recognized
at the Annual Historic Fort Worth, Inc., Preservation Achievement Awards Event. She also announced
that a Community Police Forum would be held tonight, September 28, 2010, from 7:00 p.m. to
8:00 p.m., at the Hazel Harvey Peace Center for Neighborhoods, located at 818 Missouri Avenue. She
further advised that a public meeting regarding the Sycamore Park Master Plan and park improvements
would be held on September 29, 2010, at 6:30 p.m., at the Sycamore Community Center, located at
2525 East Rosedale Street. She also requested that the Council Meeting be adjourned in memory of
Ms. Willa Lister who passed away recently and who served as Assistant Director of Community
Services, Parks and Community Services Department, from 1994 -2003. She stated that after retiring
from the City in 2003, Ms. Lister returned as a volunteer board member for the Cowboy Santas
Program, Inc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 11 of 28
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued)
Mayor Pro tem Scarth announced the Council meeting would also be adjourned in memory of Mr. Jack
Lane who also recently passed away and was the husband of former City employee, Hettie Lane who
worked in the City Manager's Office and father of Mary Beth Lane, who currently worked in the
Human Resources Department.
Council Member Zimmerman advised that on September 27, 2010, he represented the City at an event
held at the Fort Worth Country Day School. He further advised that the school had created a Veteran's
Garden, where they recognized former students who had made the supreme sacrifice for their country
in the services of the United States Armed Forces. He stated that the first recipient of the honor was
Captain Chip Herr. He further stated that a wreath was placed at the Veteran's Garden Memorial by the
Honorable Gordon England and Honorable Preston "Pete" Geren and added it was a very touching
ceremony.
Council Member Burns announced that the City of Fort Worth was the recipient of a Historic Fort
Worth, Inc., Preservation Award for the restoration of the Howard Cabin in the Log Cabin Village. He
also advised that several awards were received in District 9 as follows: the Bennett House, located at
731 Samuels, Residential Rehabilitation Award; the home of Lauren and Lance Byrd, located at 3208
Avondale, Residential Rehabilitation Award; Jane Schlansker, Interstar PR Group, Stewardship
Award; ArtSpace 111, located at 111 Hampton Street, Achievement Award; and Melinda Mason,
Community Relations Director of the Fort Worth Star - Telegram, Achievement Award.
2. Recognition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that the
following individuals be appointed or reappointed to various boards and commissions
effective September 28, 2010, and with terms expiring as reflected:
Reappointments:
Urban Design Commission
Mr. Trent Gilley, Place 2, with a term expiring October 1, 2012
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 12 of 28
(XI. PRESENTATIONS BY THE CITY COUNCIL - #1 Continued)
Parks and Community Services Advisory Board
Mr. Michael Faucette, Place 2, with a term expiring October 1, 2012
City Zoning Commission and Fort Worth Alliance Airport Zoning Commission
Mr. Neftali Ortiz, Place 2, with a term expiring October 1, 2012
City Plan Commission and the Capital Improvements Advisory Committee for Transportation Imact
Fees
Mr. Robert Mohler, Place 2, with a term expiring October 1, 2012
Building Standards Commission
Mr. Carlos Flores, Place 2, with a term expiring September 30, 2012
Board of Adjustment — Residential
Mr. Ron Shearer, Place 2, with a term expiring October 1, 2012
Board of Adjustment - Commercial and Fort Worth Alliance Airport Board of Adjustment
Ms. Wendy Vann Roach, Place 2, with a term expiring October 1, 2012
Aviation Advisory Board
Mr. J.D. Jimmerson, Place 2, with a term expiring October 1, 2012
Appointments:
Fort Worth Commission for Women
Ms. Teresa Ayala, Place 2, with a term expiring October 1, 2012
Library Advisory Board
Ms. Jennifer Trevino, Place 2, with a term expiring October 1, 2012
The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 13 of 28
(XI. PRESENTATIONS BY THE CITY COUNCIL - #1 Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that the
following individuals be appointed or reappointed to various boards and commissions
effective September 28, 2010, as recommended by the Legislative and Intergovernmental
Affairs Committees, and with terms expiring as reflected:
ReaDDointments
Animal Shelter Advisory Committee
Ms. Tracey Edwards, Place 6, with a term expiring October 1, 2012
Downtown Design Review Board
Mr. Joe Self, Place 2, with a term expiring October 1, 2012
Mr. Tom Malone, Place 4, with a term expiring October 1, 2012
Mr. Kirk Millican, Place 6, with a term expiring October 1, 2012
Ms. Sandra Espinoza, Place 8, with a term expiring October 1, 2012
Fort Worth Commission for Women
Ms. Barbara Cager, Place 13, with a term expiring October 1, 2011
Ms. Elisa Naj era, Place 14, with a term expiring October 1, 2011
Ms. Emelia Hoefle, Place 15, with a term expiring October 1, 2011
Ms. Cynthia Smith, Place 17, with a term expiring October 1, 2011
Annointments
Animal Shelter Advisory Committee
Ms. Elena Cook, Place 4, with a term expiring October 1, 2012
Fort Worth Commission for Women
Ms. Emily Hollenbeck, Place 10, with a term expiring October 1, 2011
Ms. Rana Lambdin, Place 11, with a term expiring October 1, 2011
Ms. India Stewart, Place 12, with a term expiring October 1, 2011
Ms. Eboney Lewis Cobb, Place 16, with a term expiring October 1, 2011
Ms. Sue Wallace, Place 18, with a term expiring October 1, 2011
Ms. Ann Sutherland, Place 19, with a term expiring October 1, 2011
The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 14 of 28
(XI. PRESENTATIONS BY THE CITY COUNCIL - #1 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
following individuals be appointed to various boards and commissions effective
September 28, 2010, and with terms expiring October 1, 2012, as reflected:
Appointments:
Library Advisory Board
Mr. Timothy Joseph Plocica, Place 6
Aviation Advisory Board
Mr. Erik J. Brown, Place 6
The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that the
following individuals be appointed to various boards and commissions effective
September 28, 2010, and with terms expiring as reflected:
Appointments:
Board of Adjustment - Commercial and Fort Worth Alliance Airport Board of Adjustment
Ms. Johanna McCully- Bonner, Place 8, with a term expiring October 1, 2012
Urban Design Commission
Mr. Robert W. Kelly, Place 8, with a term expiring October 1, 2012
Appeals Board
Reverend Carl Pointer, Place 8, with a term expiring September 30, 2012
Parks and Community Services Advisory Board
Ms. Ruth Tunstle, Place 8, with a term expiring October 1, 2012
The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 15 of 28
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 16 of 28
(G -17064 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 17 of 28
4. M&C G-17067 - Authorize a s ers from the Water and er ODerating
_ Water _ Capital r jests Fund in the Amount of $3, 000 000.00 and to the Sewer Capital Proje sts
Fund in the Amount of $3,000,000.00 and Ado
jat Apgropriation Ordinance.
The recommendation was that the City Council Authorize the City Manager to Transfer $6,000,000.00
From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of
$3,000,000.00 and to the Sewer Capital Projects Fund in the Amount of $3,000,000.00; and Adopt an
Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital
Projects Fund and in the Sewer Capital Project Fund in the Amount of $3,000,000.00 From Available
Funds, for the Purpose of Funding Unspecified Capital Projects.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. G -17067 be approved and Ordinance No. 19375 -09 -2010
be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor
Moncrief absent.
5. M&C G-17068 - Adopt an 0 r i a ce Revising Reta i I Water and aste ater Rates and
Char es for Volume Usage and Amending Section 35-5617, c and d, Article III Charges, of
_a ter 35 Water and e er, Effective JanuarLI,2011.
The recommendation was that the City Council Adopt an Ordinance Amending Section 35- 56(b), (c)
and (d), Article III Charges, of Chapter 35, "Water and Sewers ", of the Code of the City of Fort Worth
(1986), as Amended, by Revising and Adding Certain Volume Rates and Charges; Making This
Ordinance Cumulative of Prior Ordinances Effective January 1, 2011.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -17068 be approved and Ordinance No. 19376-
09 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Mayor Moncrief absent.
6. 7 - Adopt an r a ce Revising Wholesale Water, W rite a er and a er
Service Rates and Amendin2 Chat)ter 35 "Water and Sewer 11, Artic e PP ar es`°, Sections 35
(g) and 35 (h).
The recommendation was that the City Council Adopt an Ordinance, Amending Sections 35 -36(g) and
35 -36(h) of Chapter 35, "Water and Sewer ", Article III "Charges ", of the Code of the City of Fort
Worth (1986), as Amended, by Revising and Adding Certain Rates and Charges for Wholesale
Wastewater, Water and Raw Water Service Rates and Provides Effective Dates of Billing on or After
November 1, 2010, for Wastewater Usage Flows From and After October 1, 2010, and on or After
February 1, 2011, for Water Usage of Flows From and After January 1, 2011.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 18 of 28
(G -17069 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17069 be approved and Ordinance No. 19377-
09 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Mayor Moncrief absent.
QW1,10'm U. A I
Balance Authorize
jpdepppopnt School District for jl�psig
R.$pryices Rendered for the Rosemont Park Comqkpp
Center and Elementary School Joint Use FacifilL.
The recommendation was that the City Council Authorize the City Manager to Adopt a Supplemental
Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in
the Amount of $57,726.00 and Decreasing the Unreserved, Undesignated General Fund Balance by the
Same Amount, for the Purpose of Funding Services Rendered for the Rosemont Park Community
Center and Elementary School Joint Use Facility; and Make Payment in the Amount of $57,726.00 to
the Fort Worth Independent School District for Design Services Rendered.
Council Member Moss advised 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 Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17070 be approved and Supplemental
Appropriation Ordinance No. 19378 -09 -2010 be adopted. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Moncrief absent and one (1) abstention by
Council Member Moss.
Everman Parkway, Fort Worth, Texas, to the Texas Commission on Environmental Quality, and
Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath
(PUBLIC A .'
City Secretary Hendrix advised that Mayor and Council Communication No. G -17071 had been
continued to the October 5, 2010, Council meeting.
(See Page 20 for further action on this item.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 19 of 28
C. Purchase 1 t, aterla S, a`� Services
1. MSC P -11168 - Authorize Purchase Agreements with GST Public Safety, LLC, and Maxim
Incentives foL ire i ter t i M and Accessories for an itia Amoun t $3 ,
The recommendation was that the City Council Authorize Purchase Agreements with GST Public
Safety, LLC, and Maxim Incentives for Firefighter Clothing and Accessories for the Fire Department
for an Initial Amount of $300,000.00.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. P -11168 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
Mayor Pro tem Scarth advised that the Council would need to reconsider Mayor and Council
Communication No. G- 17071, as the item was not continued until the October 5, 2010, Council
meeting.
(The Council moved back up the agenda to reconsider Mayor and Council Communication No. G-
17071.)
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, to
reconsider Mayor and Council Communication No. G- 17071. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
,,,,,,,,,
1 1 TIMMMMM
.,,,,. t Ordinance „,,..
1 Beneath
Site. (PUBLIC HEARING)
The recommendation was that the City Council Conduct a Public Hearing on the Application of
ENTACT, LLC, for Approval of a Municipal Setting Designation for the Property Located at 1100
Everman Parkway, a 23.6 Acre Tract, More Fully Described as Gearhart-Owen Industrial Addition,
Lot 1R1, Block 1, Fort Worth, Tarrant County, Texas ( "Site "), to Allow the Public the Opportunity to
Give Testimony; Adopt a Resolution in Support of the Application of ENTACT, LLC, to the Texas
Commission on Environmental Quality for a Municipal Setting Designation at 1100 Everman
Parkway, Fort Worth, Texas and Adopt an Ordinance Amending the Code of the City of Fort Worth
(1986), as Amended, by the Amendment of Chapter 12.5, "Environmental Protection and
Compliance," Article IV "Groundwater and Surface Water Quality," by Amending Appendix "A”
"Municipal Setting Designations Sites in Fort Worth," by the Addition of Section 19; Designating
CFW -MSD -0019, Providing for the Prohibition of the Use of Groundwater for Potable and Irrigation
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 20 of 28
(G -17071 Continued)
Purposes in CFW -MSD -0019; and Providing That This Ordinance is Cumulative; Providing a
Severability Clause; Providing a Fine of Up to $2,000.00 for Each Offense in Violation of the
Ordinance; Providing a Savings Clause; Providing for Publication in the Official Newspaper of the
City; and Providing an Effective Date.
Mayor Pro tem Scarth opened the public hearing and asked if there was anyone present desiring to be
heard.
a. Report of City Staff
Mr. Clarence Reed, Environmental Program Manager, Environmental Management Department,
appeared before Council and provided a staff report.
b. Citizen Presentations
Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council in support of Mayor and
Council Communication No. G -17071 and stated the wording of the text did not make sense and it was
difficult to understand whether this was a good or bad thing. She advised that all items need to be
worded as clear and transparent as possible so the citizens understand exactly what was being voted on
by the Council.
The following individuals completed speaker cards in support of Mayor and Council Communication
No. G- 17071, but did not wish to address the Council.
Mr. Marty Cox, 3129 Bass Pro Drive, Grapevine, Texas 76031
Mr. David W. Whitten, 750 North St. Paul Street, Suite 200, Dallas, Texas 75201
c. Council Action
Council Member Hicks expressed appreciation to Ms. Creswell for her comments and stated there was
verbiage that was unclear to her also. She stated this was an old Halliburton site from the 1950's and
this item was important because the groundwater was not potable and adoption of this ordinance meant
that no day care facilities or residences would be built on this site.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the
Public Hearing be closed and that Mayor and Council Communication No. G -17071 be
approved and Resolution No. 3923 -09 -2010 and Ordinance No. 19379 -09 -2010 be adopted.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 21 of 28
(The Council continued the regular order of the Agenda.)
w
1, ,
The recommendation was that the City Council Authorize Rejection of All Bids Received for Glass
Replacement for Windows and Doors at City Facilities and Authorize the Issuance of a New Invitation
to Bid.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. P -11169 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
Funds for a Total Amount
The recommendation was that the City Council Authorize the Purchase of 19 Patrol Units for the
Police Department From Philpott Ford Using Tarrant County Cooperative Contract No. 2007 -190
Justice Assistance Grant Funds for a Total Amount of $416,841.00.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. P -11170 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
D. Land
c c
Tax Code for a Total of
�,.
The recommendation was that the City Council Authorize the Sale of 15 Tax Foreclosed Properties in
Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the
Texas Property Tax Code for a Total of $37,534.56; and Authorize the City Manager, or His Designee,
to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in
Compliance With the Bid Form Specifications to Complete the Sale.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L -15069 be continued until the October 12, 2010, Council
meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Mayor Moncrief absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 22 of 28
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 23 of 28
(L -15072 Continued)
Mayor Pro tem Scarth opened the public hearing and asked if there was anyone present desiring to be
heard.
a. e r
Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before
Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that
the Public Hearing be closed and that Mayor and Council Communication No. L -15072 be
approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Mayor Moncrief absent.
F. Award tract
Gathering Pipeline Across
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 Ohio Garden Road, Northeast of Quail Trail, for
a One (1) Time License Fee of $3,459.50.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24493 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
�� c c
of Cockrell Avenue.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 24 of 28
(C -24494 Continued)
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 Bolt Street, West of Cockrell Avenue, and
Across Suffolk Drive, West of Cockrell Avenue, for a One (1) Time License Fee of $6,732.00.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -24494 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
.,
the Construction of Dirks Road from Bryant Irvin Road to the Western Limit of the Future
Southwest Parkway.
The recommendation was that the City Council Authorize the City Manager to Renew City Secretary
Contract No. 40108, an Interlocal Agreement With Tarrant County in the Amount of $2,000,000.00 for
the Construction of Dirks Road From Bryant Irvin Road to the Western Limit of the Future Southwest
Parkway.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C -24495 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent
The recommendation was that the City Council Authorize the City Manager to Execute a Renewal of
City Secretary Contract No. 38089, an Interlocal Agreement With Tarrant County Participation in the
Amount of $7,300,000.00 for the Widening of Golden Triangle Boulevard From Interstate Highway
35W to US Highway 377.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C -24496 be approved with appreciation to Mr. Bill
Verkest, Director, Transportation Public Works Department and Tarrant County Texas
Department of Transportation. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Mayor Moncrief absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 25 of 28
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 26 of 28
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 27 of 28
(C -24502 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, to
reconsider Mayor and Council Communication No. C- 24502. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent.
Council Member Hicks advised that she had a conflict of interest on this item and would recuse herself
from voting on this item.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C -24502 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent and one (1)
abstention by Council Member Hicks.
XIV. CITIZEN PRESENTATIONS
. I I I
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised that he would discuss the
FY 2011 Budget next week since Mayor Moncrief was absent from the meeting. He also expressed
appreciation to Chief Halstead for attending the meeting and stated that the manipulative situations
against him needed to be taken care of and he would discuss the matter further at a future meeting.
XV. EXECUTIVE SESSION (PRE - COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 11:01 a.m. to
complete the agenda items as follows:
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,
and as authorized by Section 551.071 of the Texas Government Code:
a. Adriana Olivas v. City of Fort Worth, Cause No. 348 - 233608 -08;
b. Legal issues regarding local regulation of synthetic cannabinoids; and
c. Legal issues related to application of Oncor Electric Delivery Company LLC regarding
proposed Willow Creek -Hicks transmission line (PUC Docket No. 38324); and
d. Legal issues related to franchise with Atmos Energy Corp., Mid -Tex Division; and
e. Legal issues concerning any item listed on today's City Council meeting agendas; and
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 2010
PAGE 28 of 28
(XV. EXECUTIVE SESSION Continued)
2. Deliberate the purchase, exchange, 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 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.
The City Council reconvened into regular session at 11:57 a.m.
XVI. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:57 a.m. in memory of Ms. Willa
Lister who passed away recently and who served as Assistant Director of Community Services, Parks
and Community Services Department, from 1994 -2003 and after retiring from the City in 2003, Ms.
Lister returned as a volunteer board member for the Cowboy Santas Program, Inc. The meeting was
also adjourned in memory of Mr. Jack Lane who also recently passed away and was the husband of
former City employee, Hettie Lane who worked in the City Manager's Office and father of Mary Beth
Lane, who currently worked in the Human Resources Department.
These minutes approved by the Fort Worth City Council on the 5t' day of October, 2010.
Attest:
Marty He ix Michael J.
City Secretary Mayor