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HomeMy WebLinkAbout2006/07/18-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Absent Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary Mayor Moncrief introduced Mayor for the Day, Ms. Taylor O'Toole, a ten year old student from Trinity Christian Academy in Aledo, Texas. He stated that Mayor O'Toole won Mayor for a Day at the Kids Who Care Annual Gala—Cooking for Kids. With a quorum of the City Council Members present, Mayor for the Day O'Toole called the regular session of the Fort Worth City Council to order at 10:05 a.m. on Tuesday, July 18, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Dr. Ken Hall, Trinity Brazos Area of the Christian Invocation Church in the Southwest. Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief presented Mayor for the Day O'Toole with a "Molly" City pin, the meeting gavel and a key to the City. Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of July 11, 2006, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 2 of 25 Agenda Item V Ms. Deborah Jung, Executive Director for Kids Who Care, provided summary Special information of the Kids Who Care theater program and introduced Ms. Kathryn Presentations Albright, Business Manager, who introduced two new delegates from Scotland and Kenya. The delegates from Kids Who Care then performed the song "Crossover" for the viewing and listening audience. Agenda Item VI Council Member Espino announced that a Northside Community meeting on Announcements gas drilling would be held on July 20, 2006, at 7:00 p.m. at the J. P. Elder Annex, 600 Park Street across from the Northside Branch Library and, expressed appreciation to Dr. Camille Rodriguez, School Board Trustee for District 1, for facilitating the use of the annex and the Fort Worth Independent School District for their assistance. He added that Assistant City Attorney Sarah Fullenwider would be available to provide an overview of the gas well drilling ordinance, City staff would present an overview of gas well drilling in District 2, an attorney would provide an analysis of a typical gas lease, and industry representatives from XTO Energy, Dale Resources and Western Production would be present. Council Member Burdette announced that this past week, a Sister Cities International meeting was held in Washington, D.C., and that Mae Ferguson, Executive Director of Fort Worth Sister Cities International, assumed the office as President, Sister Cities International. He encouraged everyone to get involved with the Sister Cities organization and stated that the presentation from Kids Who Care today emphasized how important it was to educate children on tolerance and understanding of other cultures around the world. Council Member Wheatfall announced that on July 22, 2006, the Tarrant County Ex-Offender program and Re-Entry Community Worksession would be conducted at O.D. Wyatt High School from 9:00 a.m. to 2:00 p.m. He stated that it was very important program that was trying to deal with the issues of the large influx of re-entry of ex-offenders from the 1980s and 1990s due to mandatory sentences and the war on drugs that took place. He emphasized that it was a City-wide issue dealing with how these individuals, who were citizens of the City, re-acclimate back into their communities and workplace. He encouraged everyone interested to attend. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 3 of 25 Agenda Item VIII There were no items continued or withdrawn by staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted eight (8) ayes to zero (0) nays, with Council Member Davis absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1565 M&C OCS-1565 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15290 M&C G-15290 - Adopting Resolution No. 3387-07-2006 accepting the findings Res. No. 3387-07- of the Development Process Study prepared by Zucker Systems, Inc., on behalf 2006 of the Fort Worth Chamber of Commerce, and committing to the timely Accept implementation of improvements. Additionally, appreciation is extended to the Development Fort Worth Chamber and Downtown Fort Worth, Inc., for providing funding Process Study for the study. Prepared by Zucker Systems, Inc. G-15291 M&C G-15291 - Adopting Ordinance No. 17049-07-2006 by the City Council Ord. No. 17049- of the City of Fort Worth, approving Resolution Nos. 2006-03-068 and 2006- 07-2006 06-207 of the Dallas-Fort Worth International Airport Board which amends the Approve D/FW Dallas-Fort Worth International Airport Board's Construction and Fire International Prevention Standards Resolution (adopted by Resolution No. 88-147), as Airport Board amended; to add Part Nine - Oil and Gas Exploration and Production and to Resolutions 2006- make minor revisions to existing Standards for clarification purposes; providing 03-068 and 2006- for a fine not to exceed two thousand ($2,000.00) dollars per day for any 06-207 violation thereof. G-15292 M&C G-15292 - Approving the settlement of the claim filed by Connie Settlement of Hickman; authorizing the City Manager to execute the necessary settlement Claim Filed by documents; and authorizing the check in the amount of $225,000.00, made Connie Hickman payable to Connie Hickman. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 4 of 25 G-15293 M&C G-15293 - Authorizing the rejection of bid responses for lumber, Reject Bid plywood and related materials for the City of Fort Worth; and authorizing the Responses for issuance of a new bid. Lumber, Plywood and Related Materials and Issue New Bid G-15294 M&C G-15294 - Authorizing the Economic and Community Development Lease Office Space Department, Economic Diversification Division to lease available office, on James E. training and conference room space on the James E. Guinn School Campus, Guinn School 1150 and 1120 South Freeway, Fort Worth, Texas, to organizations involved in Campus small business development; to offer short-term leases to companies that apply and qualify for the Tech Fort Worth business and technology incubator program; to offer no-cost leases to volunteer organizations that provide counseling or other business development services to clients at no charge, with a requirement to report performance measures; to offer one annual no-cost lease to the winner of the Mayor's 2006 Entrepreneur Expo award; to offer no-cost leases to for-profit companies that provide services to the department at a cost reduced by the value of the leased space. G-15295 M&C G-15295 - Considering and adopting the findings and opinions of the Ord. No. 17050- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of fifteen limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17050-07-2006 granting to Gaylord Streets,Alleys and Texas Resort and Convention Center the privilege to use the streets, alleys and Thoroughfares to public thoroughfares of the City in the conduct of its limousine business, which Gaylord Texan shall consist of the operation of fifteen (15) limousines for a period beginning Resort and on July 18, 2006, and ending on July 17, 2009; specifying the terms and Convention conditions of the grant; providing a severability clause; making this ordinance Center cumulative of all ordinances; providing for written acceptance by Gaylord Texas Resort and Convention Center complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 5 of 25 G-15296 M&C G-15296 - Adopting Ordinance No. 17051-07-2006 amending City Ord. No. 17051- Ordinance No. 15972, by increasing the number of limousines which Silver 07-2006 West, Inc., d/b/a Silver West Limousine Corporation is authorized to operate Amend Ord. No. upon the public streets, alleys and thoroughfares of the City from eleven (11) to 15972, to Increase twenty-one (21); providing that the findings and recitations contained in the Number of preamble are the findings of the City Council; providing for the written Limousines to acceptance of this ordinance by Silver West Limousine Corporation. Operate on City Streets,Alleys and Thoroughfares for Silver West, Inc., d/b/a Silver West Limousines G-15297 M&C G-15297 - Considering and adopting the City staff findings and opinions Ord. No. 17052- as presented herein; and adopting Ordinance No. 17052-07-2006 to revoke the 07-2006 privilege granted to Zia's Limos to use the streets, alleys and public Revoke Grant of thoroughfares of the City of Fort Worth in accordance with Article VI, Chapter Privilege to Zia's 34, Section 34-222, of the Code of the City of Fort Worth (1986) as amended, Limos for Non- and for failure to maintain in force a certificate of liability insurance coverage Compliance with for vehicles for hire as required by and Section 34-220 of the Code of the City Article VI, of Fort Worth(1986), as amended. Chapter 34, Sections 34-222 and 34-220 of City Code P-10422 M&C P-10422 - Authorizing: Ord. No. 17053- 07-2006 1. Adoption of Supplemental Appropriation Ordinance No. 17053-07- Ord. No. 17054- 2006 increasing appropriations in the Environmental Management 07-2006 Operating Fund (R103) in the amount of$72,069.45 and decreasing the Change Order No. unreserved, undesignated fund balance by the same amount, for the 1 to Increase purpose of transferring said funds to the Environmental Management Maximum Fee for Project Fund for repair services, loading dock improvements and Repair Services, safeguards at the Brennan Service Center by the Stovall Corporation for Loading Dock the Equipment Services Department; Improvements and Safeguards at 2. Approval of the transfer of $72,069.45 in undesignated funds in the Brennan Service Environmental Management Operating Fund to the Environmental Center Management Project Fund (R101); CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 6 of 25 3. Adoption of Appropriation Ordinance No. 17054-07-2006 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $72,069.45 from available funds, for the purpose of funding repair services, loading dock improvements and safeguards at the Brennan Service Center by the Stovall Corporation for the Equipment Services Department; and 4. Approval of Change Order No. 1 in the amount of $97,924.39 to purchase order TYPA-06-00034231 to pay Stovall Corporation for repair services, loading dock improvements and safeguards at the Brennan Service Center for the Equipment Services Department. P-10423 M&C P-10423 - Authorizing the purchase of two new Tiger Star extended cab Tiger Star electric trucks utilizing a General Services Administration (GSA) contract with Extended Cab American Golf Cars for the Water Department for a cost not to exceed Electric Trucks $31,256.24 with payment due 30 days from the invoice date. Freight is included in the unit price. Oty. & Description Unit Price Extended Total GSA GS07F-0260M, American Golf Cars 2 ea. Tiger Star Extended Cab Electric Trucks $15,628.12 $31,256.24 P-10424 M&C P-10424 - Adopting Supplemental Appropriation Ordinance No. 17055- Ord. No. 17055- 07-2006 increasing appropriations in the General Fund in the amount of 07-2006 $93,579.00 and decreasing the unreserved, undesignated fund balance by the HVAC Chillers same amount, for the purpose of funding the purchase of three HVAC chillers and Start Up for the Fort Worth Community Arts Center; and authorizing the purchase of Services three HVAC chillers and start up services from York, a Johnson Controls Company, through the Texas Multiple Award Schedule for the Transportation and Public Works Department for an amount not to exceed $93,579.00, with payment due 30 days from date of invoice. C-21568 M&C C-21568 - Authorizing the City Manager to enter into a Consent Houston- Agreement for signs with Houston-Throckmorton, LLP, authorizing use of the Throckmorton, Right-of-Way for installation of a sign for Paddy Reds at 903 Throckmorton LLP Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 7 of 25 C-21569 M&C C-21569 - Authorizing the City Manager to enter into an agreement with Network, Inc. the Network, Inc., to provide Hotline Program Services for the City of Fort Worth at an estimated first-year cost of$30,000.00. C-21570 M&C C-21570 - Authorizing the City Manager to enter into an interlocal City of North agreement with the City of North Richland Hills, Texas, to provide crime lab Richland Hills services on a fee-for-services basis; and authorizing the agreement August 1, 2006, and expire on September 30, 2007. C-21571 M&C C-21571 - Authorizing: Ord. No. 17056- 07-2006 1. The City Manager to apply for and accept, if awarded, a grant contract Texas Department with the Texas Department of State Health Services, Chronic Disease of State Health Prevention Branch for the Texas Diabetes Program's Community Services, Chronic Diabetes Service Projects in the amount of $80,000.00 to be used to Disease Prevention provide community-based diabetes prevention and management Branch programs from September 1, 2006, to August 31, 2007; 2. Adoption of Appropriation Ordinance No. 17056-07-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $80,000.00, subject to receipt of the Texas Diabetes Program's Community Diabetes Service Projects Grant from the Texas Department of State Health Services, Chronic Disease Prevention Branch, for the purpose of funding community-based diabetes prevention and management programs; 3. Waiver of indirect costs of 17.59 percent of related salary and fringe benefits which are the most recent rates indicated by the Finance Department; and 4. A non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $25,000.00 for the interim financing for this grant pending contract execution to secure program continuation from one grant funding period to the next. C-21572 M&C C-21572 - Authorizing: Ord. No. 17057- 07-2006 1. The City Manager to re-apply for, accept and execute if awarded, a Texas Department grant contract with the Texas Department of State Health Services for of State Health up to $100,000.00 to be used to increase immunization levels in pre- Services school aged children and provide awareness and education at the community level from September 1, 2006, to August 31, 2007; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 8 of 25 2. Adoption of Appropriation Ordinance No. 17057-07-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00, subject to receipt of the grant from the Texas Department of State Health Services, for the purpose of funding the Public Health Department Immunization Outreach program; 3. Waiver of indirect costs of 44.61 percent of related salary and fringe benefits which are the most recent rates indicated by the Finance Department; and 4. A non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $25,000.00 for the interim financing of this grant pending contract execution to provide for a smooth transition from one grant funding period to the next. C-21573 M&C C-21573 - Authorizing the City Manager to execute an amendment to Ord. No. 17058- City Secretary Contract No. 32354 with the Texas Commission on 07-2006 Environmental Quality increasing the not to exceed amount of the contract from Ord. No. 17059- $549,100.00 to $552,563.00; adopting Appropriation Ordinance No. 17058-07- 07-2006 2006 increasing estimated receipts and appropriations in the Grants Fund in the Amend CSC No. amount of $3,463.00 subject to execution of amended City Secretary Contract 32354 - Texas No. 32354 with the Texas Commission on Environmental Quality for the Commission on purpose of funding FY 2006-2007 air pollution control services; and adopting Environmental Appropriation Ordinance No. 17059-07-2006 increasing estimated receipts and Quality appropriations in the Grants Fund in the amount of $1,705.78 subject to execution of amended City Secretary Contract No. 32354 with the Texas Commission on Environmental Quality for the purpose of funding FY 2006- 2007 air pollution control services. C-21574 M&C C-21574 - Authorizing the City Manager to execute and Unimproved Cliff Millican, Ground Lease Agreement with Mandatory Improvements for 22,400 square feet d/b/a Cliff with Cliff Millican, d/b/a Cliff Millican Aircraft Maintenance an Inspection for Millican Airport the construction of one commercial maintenance hangar located on the Maintenance and northeast side of Fort Worth Spinks Airport. Inspection The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 9 of 25 Agenda Item X In the absence of Council Member Davis, Council Member Espino made a Presentations by motion, seconded by Council Member Silcox, that Kim Martin be appointed to City Council Place 9 on the City Plan Commission, effective July 18, 2006, and with a term Appointments expiring October 1, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Res. No. 3388-07- There was presented a resolution nominating a portion of the Morningside 2006 Neighborhood, described as bounded roughly by Interstate 35 on the west, Nominate Portion Ramsey Street on the north, the Union Pacific Railroad Line on the east and of Morningside Baker Street on the south, for designation as a Historic and Cultural Landmark Neighborhood for District. Designation as Historic and Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Cultural that Resolution No. 3388-07-2006 be adopted. The motion carried Landmark District unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution in support of the sale of Eagle Mountain Lake Res. No. 3389-07- Park property to the Tarrant Regional Water District. 2006 Support Sale of Council Member Silcox made a motion, seconded by Council Member Eagle Mountain Wheatfall, that Resolution No. 3389-07-2006 be adopted with the inclusion of Lake Property to the sale of 400 acres reflected. The motion carried unanimously eight (8) ayes Tarrant Regional to zero (0) nays, with Council Member Davis absent. Water District Agenda Item XIV City Secretary Hendrix presented a report on the Certification of the "Meet and Report on Confer" petitions presented by the Fort Worth Police Officers' Association to Certification of the City Secretary on June 29, 2006. "Meet and Confer" Petitions REPORT ON CERTIFICATION OF "MEET AND CONFER" PETITIONS Presented by Fort PRESENTED BY THE FORT WORTH POLICE OFFICERS' Worth Police ASSOCIATION Officers TO THE CITY SECRETARY'S OFFICE ON JUNE 29, 2006 Association to City Secretary's Office on June 29, 2006 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 10 of 25 To: The Honorable Mayor and City Council From: Marty Hendrix, City Secretary Date: July 13, 2006 The City Secretary's Office received petitions for "Meet and Confer" on Thursday, June 29, 2006, worded as follows: FOR or AGAINST the following: "Authorizing the City of Fort Worth to recognize an employee association as a sole and exclusive bargaining agent for the municipal police officers and authorizing the City of Fort Worth to make agreements with the employee association as provided by state law." For this issue to be placed on a ballot for voter approval per Texas Local Government Code, Section 143.3015, a petition must be signed by a number of qualified voters of the municipality equal to at least 10% of the voters who voted in the most recent Mayor's race. This number was determined to be 3,914. The petitions contained 1265 pages, with five (5) signatures per page for a total estimated amount of 6,325 signatures. However, there were a number of pages that were incomplete and did not have five signatures. STATUTORY REQUIREMENTS FOR THE PETITION The validation process was conducted in accordance with the provisions of the Texas Local Government Code, Section 143.3015 and the Texas Election Code, Chapter 277. Texas Local Government Code, Section 143.3015 requires: • The petition contain 10 percent of the number of voters who voted in the most recent Mayor's election, which is 3,914 signatures • The dates on the petition must be within 180 days of the date the petition is filed. • The City Secretary shall by the 40th working day after the date a petition is presented to the governing body, certify to the governing body the number and percentage of registered voters signing the petition. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 11 of 25 Chapter 277 stipulates that the petition must contain: • The signer's printed name • The signer's signature • The signer's address and date of birth or the signer's voter registration number • The date of signing the petition • The county of residence if the territory from which the signatures must be obtained is situated in more than one county • Comply with any other applicable requirements prescribed by law The validation process was completed on Wednesday, July 12, 2006. A total review of all signatures was the method used for the validation process until the required number of signatures was exceeded, rather than a random sampling method. FINDINGS The findings of the validation process resulted in at least 4,023 validated signatures through page 1170. Since the number of signatures required was achieved, the remaining pages of the petitions were not reviewed. CONCLUSION The petitions were required to contain 3,914 signatures of registered voters. The petitions contained at least 4,023 valid signatures of registered voters in the City of Fort Worth. Pursuant to the requirements of Local Government Code, Section 143.3015, the City Council of the Fort Worth is required to order an election under those provisions. RECOMMENDATION The City Council should acknowledge receipt of this petition certification. Council Member Silcox made a motion, seconded by Council Member Burdette, that the City Council acknowledge receipt of the "Meet and Confer" petition certification. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Wheatfall requested that the City Manager conduct a workshop on"Meet and Confer" and the impact it would have on the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 12 of 25 AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15274 There was presented Mayor and Council Communication No. G-15274, dated Ord. No. 17060- July 11, 2006, from the City Manager recommending that the City Council 07-2006 adopt an ordinance amending Ordinance No. 16894 to allow package or liquor Amend Ord. No. stores as an allowed use and to exclude gasoline sales, check cashing stores, 16894 Concerning discount tobacco stores, and pawn shops as permitted uses; to require Zoning Case No. construction of a six foot masonry wall, a twenty foot setback along the west ZC-06-017 for property line and not to extend Marguerite Lane from the current stub out for Property Located Zoning Case No. ZC-06-017 for property located at 8000 and 8080 West at 8000 and 8080 Cleburne Road. West Cleburne Road Council Member Jordan made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15274 be approved and Ordinance No. 17060-07-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing It appeared that the City Council at its meeting of July 11, 2006, continued the G-15279 public hearing to approve a request for a High Impact gas well permit by XTO Request for High Energy, known as the Burkhalter-1H and 2H gas wells on the A-Pad at the Impact Gas Well Burkhalter Lease consisting of approximately 151.79 acres in the Hiram Little Permit by XTO Survey, Abstract No. 930 (GW-006-022). Mayor Moncrief opened the public Energy hearing and asked if there was anyone present desiring to be heard. Mr. John Garfield, Development Department Services Administrator, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15279, as follows: There was presented Mayor and Council Communication No. G-15279, dated July 11, 2006, from the City Manager recommending that the City Council approve the High Impact gas well permit request of XTO Energy to allow the drilling of the Burkhalter-1H and 2H gas wells on the A-Pad at the Burkhalter Lease, consisting of approximately 151.79 acres in the Hiram Little Survey, Abstract No. 930, Case No. GW-006-022. Mayor Pro tem Hicks asked staff how many homes were affected by the gas well and if any concerns had been received from the residents in the area. Mr. Garfield responded by stating that three unoccupied model homes were affected that were south of FM 1187 and that no concerns had been received. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 13 of 25 Mayor Pro tem Hicks stated that she thought that drilling could be a big boom for the City and as a result she had great hopes for some of the neglected parks in southeast Fort Worth. She added that until now, District 8 had been able to avoid high impact wells by working in a proactive manner with other drillers and the residents impacted. She responded to an inquiry from an XTO Energy representative relative to not being personally invited to the District 8 meeting on drilling. She requested that they and other drillers continue to be proactive and please not come to her a week before an item was on the Council agenda. She also requested that staff be proactive and educate Council on how to deal with disgruntled citizens on gas drilling matters. She then asked the XTO Energy representative to respond on the record if they were willing to donate $20,000.00 to the Highland Hills Park. Walter Dueease Mr. Walter Dueease, 810 Houston Street, representing XTO Energy, stated that XTO Energy was committed to the $20,000.00 donation for lighting for Highland Hills Park. He added that XTO Energy requested that Don Berens Associates, Los Angeles, California, perform a noise survey of the actual rig that would drill the well and identify areas around the rig that could utilize noise mitigation equipment. He provided a layout of the drill site and explained placement of sound mitigating devices. He emphasized that the noise mitigating equipment would be installed on the drilling equipment before drilling commenced. Mayor Pro tem Hicks stated that she would support the M&C with the understanding that only three houses would be affected and no other houses were in the plan. She added that while she appreciated that XTO Energy was a wonderful corporate citizen in downtown Fort Worth and the Cultural District, she asked that as the largest owner of drilling sites in District 8, to continue to work with residents in a proactive and respectful manner. There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion that based on the facts as presented by XTO Energy that the site was designated by the surface owner and that no other viable drill site was available which could be located greater than 600 feet from any protected uses, that the public hearing be closed and Mayor and Council Communication No. G-15279 and the request for a High Impact gas well permit as submitted be approved, under the following conditions: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 14 of 25 1. No gas well shall be closer than 565 feet from any residence. 2. XTO shall determine the pre-drilling ambient noise level, and at a minimum, shall install the following noise mitigation system to achieve the noise requirements of the ordinance adopted by this City Council on June 13, 2006: • A 200 foot long by 14 foot high sound barrier wall shall be placed around the generators and mud pump skids. • Twelve foot tall acoustical blankets shall be erected on the south facing sides of the engines of the drilling rig. • Any other noise mitigation blankets, sound barrier walls or mufflers as necessary and required by the City's gas inspectors. 3. XTO shall adhere to all other requirements for High Impact Gas Wells as listed in the ordinance adopted on June 13, 2006, including work hours, landscaping, fencing, and closed loop mud systems. Council Member Silcox seconded the motion and it carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. (Council Member Silcox stepped away from the dais.) G-15298 There was presented Mayor and Council Communication No. G-15298 from Res. No. 3390-07- the City Manager recommending that the City Council adopt a resolution 2006 declaring the Trinity River Uptown Project as a Major Public Infrastructure Declare Trinity Project as defined in the City of Fort Worth's Relocation Incentives Policy. River Uptown Project as Major Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, Public that Mayor and Council Communication No. G-15298 be approved and Infrastructure Resolution No. 3390-07-2006 be adopted. The motion carried seven (7) ayes to Project zero (0) nays, with Council Members Silcox and Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15299 designate Tax Increment Reinvestment Zone No. 12, City of Fort Worth, Texas Ord. No. 17061- (East Berry Renaissance TIF). Mayor Moncrief opened the public hearing and 07-2006 asked if there was anyone present desiring to be heard. Designate Tax Increment Ms. Ossana Hermosillo, Economic Development Specialist, appeared before Reinvestment Council, gave a staff report, requested that the public hearing be continued for Zone No. 12 (East one week to allow for public comment, and called attention to Mayor and Berry Renaissance Council Communication No. G-15299, as follows: TIF) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 15 of 25 There was presented Mayor and Council Communication No. G-15299 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Increment Reinvestment Zone No. 12, City of Fort Worth, Texas (East Berry Renaissance TIF), for tax increment financing purposes; and adopt an ordinance which designating a certain contiguous geographic area in the City of Fort Worth as "Tax Increment Reinvestment Zone No. 12, City of Fort Worth, Texas"; creating a board of directors for the Zone; providing the effective and termination dates for the Zone; establishing a tax increment fund for the Zone; and containing other matters related to the Zone. (Council Member Silcox returned to his chair at the dais.) Mayor Pro tem Hicks recognized former City Council Member Ralph McCloud in the audience. City Attorney Yett stated that it had been the Council's practice to introduce these matters at one meeting and then vote at the next meeting, but that it was not legally required if all the paperwork was in order. He added that the Economic Development Department assured him that all documents were in order, and therefore there was no legal impediment for the Council to close the public hearing and taking action to establish the TIF today. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15299 be approved and Ordinance No. 17061-07-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15300 approve the FY 2006-2007 Crime Control and Prevention District budget. Approve FY 2006- Mayor Moncrief opened the public hearing and asked if there was anyone 2007 Crime present desiring to be heard. Control and Prevention Ms. Kara Shuror, Assistant Director, Police Department, appeared before District Budget Council, gave a staff report and called attention to Mayor and Council Communication No. G-15300, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 16 of 25 There was presented Mayor and Council Communication No. G-15300 from the City Manager recommending that the City Council conduct a public hearing as required by law to approve the FY 2006-2007 Crime Control and Prevention District(CCPD) budget; and close the public hearing and approve the FY 2006- 2007 Crime Control and Prevention District budget. Council Member Wheatfall asked staff what was the process for members of the community to provide information to the CCPD Board for consideration of programs, if that was built into the process, and if so, how. Ms. Shuror stated that there were two public hearings, one with the CCPD Board and one with the Council. She stated that public hearings were also conducted in 2004 on this plan. Council Member Wheatfall expressed concern that he made an appointment to the Crime Control and Prevention District Board on June 6, 2006, but that his appointee, Mr. Ernest Mackey, did not receive notification of the June 26, 2006 board meeting. Police Chief Ralph Mendoza responded by stating he was not sure if they had Mr. Mackey on the board by that time. He added that he had been privy to some e-mails where Mr. Mackey had requested information and that Ms. Shuror had advised Mr. Mackey to contact her and she would ensure he received the information. He noted that this budget contained an additional $200,000.00 for youth related activities and that funds would be distributed based on applications submitted using a grading scale. Council Member Wheatfall asked Chief Mendoza to provide the Council with information on the application process to distribute to their districts' community organizations. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-15300 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21563 Revised There was presented Mayor and Council Communication No. C-21563 Revised Tarrant Regional from the City Manager recommending that the City Council authorize the City Water District Manager to execute an interlocal agreement with the Tarrant Regional Water District for the City's provision of environmental services to the District relating to the Trinity River Vision Project by the Environmental Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 17 of 25 Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21563 Revised be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21575 There was presented Mayor and Council Communication No. C-21575 from the Ord. No. 17062- City Manager recommending that the City Council: 07-2006 Texas Department 1. Authorize the City Manager to accept the Weatherization Assistance of Housing and Program Grant funds totaling $760,221.00 in anticipated funds, and Community enter into two separate contracts with the Texas Department of Affairs Housing and Community Affairs, as follows: Department of Energy $291,752.00 Low Income Housing Energy Assistance Program $468,469.00 Total $760,221.00 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $760,221.00, subject to receipt of the Weatherization Assistance Program grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Weatherization Assistance Program through the Housing Department. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21575 be approved and Ordinance No. 17062-07-2006 be adopted with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to C-21576 designate Fort Worth Neighborhood Empowerment Reinvestment Zone No. 30, Ord. No. 17063- and authorize entering into a Tax Abatement Agreement with Park Ridge 07-2006 Multi-Family, L.P., for property located at 2001 Park Hill Drive, in the Amend Ord. No. Berry/University Neighborhood Empowerment Zone. Mayor Moncrief opened 15815 - Park the public hearing and asked if there was anyone present desiring to be heard. Ridge Multi- Family, L.P. Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C-21576, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 18 of 25 There was presented Mayor and Council Communication No. C-21576 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of 14.768 acres of land as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 30; 2. Adopt an ordinance amending Ordinance No. 15815 by removing certain property from Neighborhood Empowerment Reinvestment Zone No. 13 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone No. 30, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Park Ridge Multi-Family, L.P., are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 2001 Park Hill Drive in the Berry/University Neighborhood Empowerment Zone (NEZ) owned by Park Ridge Multi-Family, L.P., with a reduction of the 20 percent set aside for affordable units to 10 percent as allowed by the NEZ Tax Abatement Policy and Basic Incentives; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with Park Ridge Multi-Family, L.P., for the property located at 2001 Park Hill Drive in the Berry/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. C-21576 be approved and Ordinance No. 17063-07-2006 be adopted. The motion carried seven (7) ayes to one (1) nay, with Council Member Davis absent and Council Member Silcox casting the descending vote. Agenda Item XVI It appeared that the City Council, at its meeting of July 11, 2006, continued the Public Hearing public hearing to take public comment on a proposed City ordinance regulating Regulate secondary metal recyclers. Mayor Moncrief opened the public hearing and Secondary Metal asked if there was anyone present desiring to be heard. Recyclers CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 19 of 25 Assistant City Attorney Matthew Wallis appeared before Council and gave a staff report and brief overview of the proposed ordinance. Council Member Scarth stated that the City needed to ensure that there was some sort of technical minimum requirements that must be met to ensure video records were of a usable condition and not of a grainy quality. Council Member Espino asked what was the status of the identification issue. Mr. Wallis stated that the ordinance would not allow any type of affidavit but would require any official government document. However, under state law, it was a bit more restrictive; they have passports, driver's licenses, or personal identification certificates for those items over 50 pounds and all forms of bronze. He added that Matricula Consular identification cards would be added to the ordinance as it was commonly used. Council Member Burdette expressed appreciation to industry representatives for working with City staff to resolve this issue. He encouraged them to stay in touch to monitor the effectiveness of the ordinance and identifying the people who are committing the thefts. Council Member Wheatfall echoed Council Member Burdette's comments and stated the ordinance was a deterrence to the theft of copper wiring from air conditioning units from elderly and poor residents, especially as the summer months start. He asked the City to consider having a one time registration, perhaps a photo ID, and the fingerprints of the registrant. He added that this would preclude having to go through the registration process each time a person visited the recycling area. Mayor Pro tem Hicks expressed appreciation to the residents of southeast Fort Worth for their efforts to bring this issue before the City Council. She acknowledged the hard work of Assistant City Attorney Wallis and the Police Department on this issue. Ralph McCloud Mr. Ralph McCloud, 2412 Annglen, representing the Mayor's Advisory Commission on Homelessness, appeared before Council in support of the ordinance. He stated that the commission was very aware of what was happening in terms of air conditioning units, porch swings, and very basic items that were being stolen from citizens' homes. He stated that the Commission passed a resolution indicating their support of the ordinance and read the resolution. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 20 of 25 Arnold Gachman Mr. Arnold Gachman, 2600 Shamrock Avenue, appeared before Council in support of the ordinance. He stated that businesses were willing and committed to working with the City to resolve scrape metal issues. He added that scrap metal was the third largest industry in the country and that the ordinance was a model for other parts of the country. Johnny Lewis Mr. Johnny Lewis, 953 E. Terrell, appeared before Council in support of the ordinance. He stated that the suggestion of one time registration was not a good idea as there was already discussion in the community on how to get around that process. He also spoke in opposition to the use of an affidavit. He read a letter of support from him and a letter of support from the United Neighborhood Association. Kyle Rosene Mr. Kyle Rosene, One AT&T Plaza, Room 2430, Dallas, Texas, representing AT&T, appeared before Council in support of the ordinance and stated the theft of copper was a real concern for AT&T. He expressed concern with the elimination of the 72 hour hold because their cables had specific information on the outside of the jacket of the cable which was unique and made it a very good evidentiary piece. He added that video taping resulted in the evidentiary piece being lost and disrupted their ability to assist law enforcement to identify the cable as their product. He stated that AT&T had issued $3,000.00 rewards for information leading to arrest and conviction of cable thieves. Council Member Wheatfall clarified his suggestion of one time registration fingerprinting as a way of ensuring the identification of the individual was not falsified. He added that it would also help identifying "front men" for any organization trying to get around the system. Mayor Moncrief suggested that the workforce be kept in place and meet in a few months to discuss the effectiveness of the ordinance. There being no one else present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried eight(8) ayes to one (1) nay, with Council Member Davis absent and Council Member Silcox casting the descending vote. (Council Member Wheatfall stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 21 of 25 AGENDA ITEM XVII — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on June 27, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-114 Mr. Thad Brundrette, 777 Main Street, representing Bank One Trust, appeared Continued Until before Council in support of the zoning change. He stated that there were July 25, 2006 issues that needed to be resolved with the Keller Independent School District Thad Brundrette (KISD) and requested the Council continue the zoning case for one week. Don Allen Mr. Don Allen, 6751 North Freeway, appeared before Council in support of the zoning change. He also requested a one week delay to address issues with KISD. Jeff Baker Mr. Jeff Baker, 350 Keller Parkway, Keller, Texas, voiced his opposition of the zoning change from his chair in the audience and did not formally address the Council. He supported a one week continuance of the zoning case. Colleen Demel Ms. Colleen Demel, 5500 Yellow Birch Drive, representing the North Fort Worth Alliance, appeared before Council in opposition of the zoning change. She provided a list of concerns and stated that D.R. Horton representatives had not responded to their inquiries or concerns. She requested a 30 to 60 day continuance of the zoning case. Council Member Espino made a motion, seconded by Council Member Scarth, that the application of Martha Sue Parr for a change in zoning of property located in the 7000 block of Blue Mound Road from "AG" Agricultural, "A-5" One-Family Residential and "I" Light Industrial to (Tracts 1, 7 and 8) "A-5" One-Family Residential, (Tracts 2 and 3) "A-7.5" One-Family Residential, (Tract 4) "R-2" Townhouse/Cluster Residential, (Tracts 5 and 6) "E" Neighborhood Commercial and (Tract 9) "F" General Commercial, Zoning Docket No. ZC-06-114, be continued for one week to the July 25, 2006, Council meeting. The motion carried seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. (Council Member Espino stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 22 of 25 ZC-06-149 It appeared that the City Council, at its meeting of July 11, 2006, continued the Approved hearing of the application of the City of Fort Worth for a change in zoning of property located at 1733 East Hattie Street from "B" Two-Family Residential and "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-06-149. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-149 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Members Espino, Wheatfall and Davis absent. ZC-06-182 Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, Approved that the application of Clearfork Ranch, L.P., for a change in zoning of property located in the 2800 block of Bryant Irvin Road from "PD-630" Planned Development for all uses in "MU-2" High Intensity Mixed Use to "F-R" General Commercial Restricted, Zoning Docket No. ZC-06-182, be approved. The motion carried six (6) ayes to zero (0) nays, with Council Members Espino, Wheatfall and Davis absent. (Council Member Espino returned to his chair at the dais.) SP-06-019 Council Member Silcox made a motion, seconded by Council Member Approved Burdette, that the application of Aguilar Children's Trust for site plan of property located at 2700 Green Oaks Road to amend PD-697 to change the configuration of the hotel and provide additional parking, Site Plan No. SP-06- 019, be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 23 of 25 ORDINANCE NO. 17064-07-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. Item XVIII Mr. Joe Don Brandon, 1415 East Lancaster, appeared before Council relative to Citizen City Hall's image. He alleged mistreatment of homeless citizens by the Police Presentations Department, free use of a City-owned facility by certain parties, and City Code Joe Don Brandon violations by a well known resident. He advised the Council that he had designated the third Tuesday of each month as "Blue Collar Tuesday" in order that the homeless persons may address the Council on their issues. Terry Wood Mr. Terry Wood, 6053 Walnut Drive, appeared before Council relative to Police Department inquiry, Fort Worth Major Case No. 04116343, on his recently deceased mother, Eula Wood. He stated that the Police Department had been unresponsive and he demanded a written response from the City to be read at the July 25, 2006, Council meeting. Mayor Moncrief informed the Council and Mr. Wood that the Law Department had advised that this issue was not a matter for the City, but for Tarrant County. Joan Crownover Ms. Joan Crownover, 1041 East Robert Street, representing South Side Urban Development, appeared before Council relative to a large number of dogs at one address in her neighborhood, alleged mistreatment of her mother by a Code CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 24 of 25 Compliance employee, loud music emanating from a truck late each night, abandoned and neglected homes, and the need for removal of a tree on her property. (Council Member Wheatfall returned to his chair at the dais.) Mayor Pro tem Hicks advised Ms. Crownover that all the dogs on the property within her neighborhood had all been licensed and vaccinated. She added that the person who owned the dogs had submitted an appeal to the City to allow her to keep all the dogs on the property. She also stated that most of the abandoned homes in this area were owned by absentee owners and that Code Compliance was monitoring the situation. Timothy Stewart Mr. Timothy S. Stewart, 6209 Vel Drive East, appeared before Council relative to Council belittling citizens, transportation problems to day care centers and the Alliance Corridor, and the need to bring economic development to less affluent areas of the City. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:05 p.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 concerning State of Texas, Tarrant County, Tarrant County Right-of-Way District, Tarrant Regional Water District, Tarrant County Hospital District, Tarrant County Junior College, et al., vs. G.L. Harris, Cause No. E09673-94; b) Legal issues concerning the Wright Amendment and D/FW International Airport; c) Legal issues concerning any item listed on today's City Council meeting agendas; and 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 18, 2006 PAGE 25 of 25 3. Deliberate concerning economic development negotiations as authorized by Section 551.086 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. Reconvened The City Council reconvened into regular session at 12:55 p.m. Agenda Item XX There being no further business,the meeting was adjourned at 12:55 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 25th day of July, 2006. Attest: Approved: Marty H Brix Mi ael J. N oncrief City Secretary Mayor