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HomeMy WebLinkAbout2006/09/26-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 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 Jungus Jordan, District 6 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 Council Member Carter Burdette, District 7 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:20 a.m. on Tuesday, September 26, 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 Pastor Ronald K. Heimsoth, Trinity Lutheran Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Espino, seconded by Council Member Approval of Jordan, the minutes of the regular meeting of September 19, 2006, were Minutes approved unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Agenda Item V Mayor Pro tem Hicks presented a Proclamation for Race Equality and Inclusive Special Communities Week to Estrus Tucker, Chair, Human Relations Commission. Presentations He introduced fellow Commission members Linda Garcia, Richard Burnett, Perry Pack, and Norma Esparza. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 2 of 32 Council Member Davis presented a Proclamation for Customer Service Week to Susan Fite, Senior Loan Services Representative, Customer Service Advocacy Group, Housing Department along with other Committee members. The Committee presented the Council with treats, crowns and tiaras as a result of this year's theme "Giving Customers the ROYAL treatment". Agenda Item VI Council Member Jordan announced that he attended an appreciation picnic for Announcements the Code Blue participants by the Neighborhood Policing District No. 10 and thanked all of the men and women willing to serve their communities. He also thanked Mr. Fernando Costas and Jessie Torres for attending Coffee with Jungus Saturday, September 16, 2006 to discuss the Comprehensive Plan. City Manager Boswell invited Assistant City Manager Joe Paniagua to the podium to share information regarding the final arrangement for the services of Fire Chief Charles Gaines. Assistant City Manager Paniagua stated that in lieu of flowers, the Gaines family was requesting that all donations be made to the local American Heart Association chapter or the Fort Worth Police and Fire Memorial. He further stated that: Wednesday, September 27, 2006 —Public Viewing from 7:00 p.m. to 8:30 p.m. Fire and Police Training Center, 1000 Calvert Street (off Henderson & White Settlement Roads)Fort Worth, Texas; Thursday, September 28, 2006 - Memorial Service would be at 11:00 a.m. Great Commission Baptist Church located at 7700 McCart Avenue, Fort Worth, Texas; Friday, September 29, 2006—Public Viewing from 7:00 p.m. to 8:30 p.m. St. John's Missionary Baptist Church, 5700 North Kelley Avenue, Oklahoma City, Oklahoma; Saturday, September 30, 2006—Memorial Service would be at 11:00 a.m. St. John's Missionary Baptist Church, 5700 North Kelley Avenue, Oklahoma City, Oklahoma. He also stated that any other Fire Departments wanting to participate in the services should contact Deputy Chief Rudy Jackson at(817) 392-6175. Mayor Pro tem Hicks introduced and welcomed her new Council Aide, Devin Allen. She also expressed appreciation to Ethel Johnson, Kalli Papadopoulos, and CeCe Thompson for all of their assistance while she was without an aide. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 3 of 32 Council Member Espino expressed appreciation to everyone who participated in the great Hispanic Heritage Celebration last Thursday. He also shared that the band, Latin Express had some assistance from City Manager Boswell on the drums, Joe Paniagua playing the maracas, and that he played the triangle. He also announced that the I-35 Corridor Improvement Study meeting would be held at 7:00 p.m. at the Region XI Educational Service Center located at 3001 W. Freeway and invited all interested citizens to attend. As a point of privilege, Mayor Moncrief requested that the City Council consider at this time Mayor and Council Communication No. G-15427, which item was an emergency addendum to the agenda. G-15427 There was presented Mayor and Council Communication No. G-15427 from Confirmation of the City Manager recommending that the City Council confirm the appointment Fire Chief in of Executive Deputy Chief Hugo Esparza as Fire Chief in an interim capacity Interim Capacity effective immediately. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15427 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-21715 and C-21720 be withdrawn from the consent agenda. Consent Agenda Council Member Silcox requested that Mayor and Council Communication No. C-21701 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15424 be continued until October 10, 2006 and Mayor and Council Withdrawn By Communication No. C-21749 be continued for one week. Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1577 M&C OCS-1577 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 4 of 32 G-15406 M&C G-15406 - Authorizing the City Manager to seek and receive private Ord. No. 17173- donations and/or reimbursement of costs for services from lenders and other 09-2006 private sources for the City of Fort Worth's Comprehensive Housing Accept Donations Counseling (CHC) Program; accepting donations totaling $23,700.50 to the to Comprehensive CHC Program from the donors; and adopting Appropriation Ordinance No. Housing 17173-09-2006 increasing estimated receipts and appropriations in the Special Counseling Trust Fund in the amount of $23,700.50, as donations are received, for the Program purpose of funding the City Housing Department's Comprehensive Housing Counseling Program. G-15407 M&C G-15407 - Authorizing the City Manager to execute a Lease Agreement Lease Property at with Town Center Mall, L.P., for property located at 4200 South Freeway for Town Center the Development Department for an amount not to exceed $14,928.00 annually; Mall, L.P. and authorizing the agreement to be effective October 1, 2006, and ending September 30, 2011. G-15408 M&C G-15408 - Transferring $24,016.00 from the Special Assessment District Ord. No. 17174- Fund to the Special Trust Fund to fund a portion of two authorized positions in 09-2006 the Economic and Community Development Department responsible for TIF Transfer Funds administration; adopting Appropriation Ordinance No. 17174-09-2006 for Positions in increasing estimated receipts and appropriations in the Special Trust Fund in TIF the amount of$24,016.00 from a transfer from the Special Assessment District Administration Fund, for the purpose of funding a portion of two positions in the Economic and Community Development Department for Tax Increment Financing administration. G-15409 M&C G-15409 - Authorizing the transfer of $77,928.12 from the Water and Ord. No. 17175- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $47,669.50 and Sewer Capital Projects Fund in the amount of $30,258.62; Transfer Funds adopting Appropriation Ordinance No. 17175-09-2006 increasing estimated for Pavement receipts and appropriations in the Water Capital Projects Fund in the amount of Reconstruction $47,669.50 and the Sewer Capital Projects Fund in the amount of $30,258.62 and Water and from available funds for the purpose of executing an Engineering Agreement Sanitary Sewer with Brown & Gay Engineers, Inc., for pavement reconstruction and water and Main Replacement sanitary sewer main replacement (Project No. 00452); and authorizing the City on Merrit St., Manager to execute an engineering agreement with Brown & Gay Engineers, Priddy Ln. and Inc., in the amount of $140,408.00 for pavement reconstruction and water and Westwind Dr. sanitary sewer main replacement on Merritt Street, Priddy Lane and Westwind Drive (Project No. 00452). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 5 of 32 G-15410 M&C G-15410 - Authorizing the use of existing revenue derived from natural Ord. No. 17176- gas well leases on City owned airport properties for funding of various projects 09-2006 related to the Aviation Department; and adopting Appropriation Ordinance No. Use Revenue from 17176-09-2006 increasing estimated receipts and appropriations in the Aviation Natural Gas Improvements Capital Projects Fund in the amount of $617,150.00 from Leases on City available funds for the purpose of funding various projects in the Aviation Owned Airport Department. Properties for Various Projects G-15411 M&C G-15411 - Accepting a $100,000.00 Routine Airport Maintenance Ord. No. 17177- Project (RAMP) Grant for Fort Worth Meacham International Airport from the 09-2006 Texas Department of Transportation Aviation Department; authorizing the use Ord. No. 17178- of existing revenue derived from natural gas well leases on City-owned airport 09-2006 properties for funding of the City's match in the amount of $50,000.00; Accept RAMP adopting Appropriation Ordinance No. 17177-09-2006 increasing estimated Grant for Fort receipts and appropriations in the Aviation Improvements Capital Projects Fund Worth Meacham in the amount of $50,000.00 from gas well lease revenues for the purpose of International funding a transfer to the Airport Grants Fund for the City's match of a grant Airport with the Texas Department of Transportation for airport upgrades at Meacham Airport; authorizing the transfer of$50,000.00 from the Airports Improvements Capital Projects Fund to the Airport Grants Fund; and adopting Appropriation Ordinance No. 17178-09-2006 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $100,000.00 contingent upon receipt of the Routine Airport Maintenance Project Grant from the Texas Department of Transportation for the purpose of funding routine maintenance items at Fort Worth Meacham International Airport. G-15412 M&C G-15412 - Accepting a $100,000.00 Routine Airport Maintenance Ord. No. 17179- Project (RAMP) Grant for Fort Worth Spinks Airport from the Texas 09-2006 Department of Transportation Aviation Department; authorizing the use of Ord. No. 17180- existing revenue derived from natural gas well leases on City-owned airport 09-2006 properties for funding of the City's match in the amount of $50,000.00; Accept RAMP adopting Appropriation Ordinance No. 17179-09-2006 increasing estimated Grant for Fort receipts and appropriations in the Aviation Improvements Capital Projects Fund Worth Spinks in the amount of $50,000.00 from gas well lease revenues for the purpose of Airport funding a transfer to the Airport Grants Fund for the City's match of a grant with the Texas Department of Transportation for airport upgrades at Spinks Airport; authorizing the transfer of$50,000.00 from the Aviation Improvements Capital Projects Fund (Unspecified) to the Airport Grants Fund for the City's match; and adopting Appropriation Ordinance No. 17180-09-2006 increasing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 6 of 32 estimated receipts and appropriations in the Airport Grants Fund in the amount of $100,000.00 contingent upon receipt of the Routine Airport Maintenance Project Grant from the Texas Department of Transportation for the purpose of funding routine maintenance items at Fort Worth Spinks Airport. G-15413 M&C G-15413 - Authorizing the City Manager to transfer $550,000.00 from Ord. No. 17181- the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; and 09-2006 adopting Appropriation Ordinance No. 17181-09-2006 increasing estimated Transfer Funds receipts and appropriations in the Sewer Capital Projects Fund in the amount of for Unspecified $550,000.00 from a transfer from the Water and Sewer Operating Fund, for the Projects purpose of funding unspecified projects. G-15414 M&C G-15414 - Authorizing the City Manager to accept a Surface Ord. No. 17182- Transportation Program Grant in the amount of $198,000.00 from the Federal 09-2006 Highway Administration for the construction of neighborhood trail connections Accept Funds for to the Trinity River Trail System; authorizing the City Manager to execute Design and Advance Funding Agreement Amendment No. 2 with the Texas Department of Construction of Transportation; and adopting Appropriation Ordinance No. 17182-09-2006 Neighborhood increasing estimated receipts and appropriations in the Grants Fund in the Trail Connections amount of $198,000.00 from a Surface Transportation Program Grant to Trinity River amendment from the Federal Highway Administration for the purpose of Trail System funding the design and construction of neighborhood trail connections to the Trinity River Trail System. P-10458 M&C P-10458 - Authorizing a purchase agreement for HVAC Maintenance HVAC and Repair with Johnson Controls, Inc., for the City of Fort Worth based on Maintenance and overall lowest responsive bid, with payment due 30 days from an invoice date; Repair authorizing this agreement to begin September 26, 2006, and expire September 25, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Texas Local Code, 271.102, "Cooperative Purchasing Program". P-10459 M&C P-10459 - Purchasing of Faster Fleet Management System and annual Faster Fleet support agreement utilizing the City of Hurst Contract 05-020 with CCG Management Systems, Incorporated. Payment is due 30 days from date an invoice is System received; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 7 of 32 Description Unit Price Extended Total Faster MS SQL server software $ 18,000.00 Workstation license for unlimited use $135,000.00 Implementation project management $ 30,000.00 Site specific configuration and $ 6,750.00 installation 16 days on site training including travel $ 22,000.00 Conversion of City data to Faster $ 3,000.00 system 3 each, fuel interfaces with Faster $2,000.00 $ 6,000.00 system NAPA parts interface with Faster $ 7,200.00 system Accounting export, GEAC General $ 6,000.00 Ledger Import/export Stars risk management $ 10,000.00 system Import Accutag meter reading system $ 6,000.00 Import/export for BuySpeed financial $ 10,000.00 system 3 each, Crystal report training workshop $1,100.00 $ 3,300.00 Fleet conference for training including $ 8,540.00 travel Purchase $271,790.00 Total Annual support(Increase, 3 percent per $ 43,040.00 year) The annual support agreement for the first year is included in the purchase price with subsequent years to begin September 26, 2007, and expire on September 25, 2008, with options to renew for four additional one-year periods. P-10460 M&C P-10460 - Authorizing the City Manager to execute a contract with the Purchase, sole source vendor Motorola, Inc., for the purchase, delivery, installation and Delivery, warranty of the network management product Motorola GenWatch3 Installation and Commander for the IT Solutions Department at a cost not to exceed Warranty of $164,240.00. Network Management Product Motorola GenWatch3 Commander CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 8 of 32 C-21702 M&C C-21702 - Authorizing the City Manager to execute a Public Right-of- Southwestern Gas Way Use Agreement with Southwestern Gas Pipeline, Inc., (Southwestern Gas) Pipeline, Inc. that grants Southwestern Gas a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21703 M&C C-21703 - Authorizing the City Manager to execute a Public Right-of- Texport Way Use Agreement with Texport Gathering, L.L.C., (Texport) that grants Gathering, L.L.C. Texport a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21704 M&C C-21704 - Authorizing the City Manager to execute a Public Right-of- West Fork Way Use Agreement with West Fork Pipeline Company, L.L.C., (West Fork) Pipeline Company, that grants West Fork a license to use a certain public right-of-way of the City L.L.C. of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21705 M&C C-21705 - Authorizing the City Manager to execute a Fair Housing Ord. No. 17183- Assistance Program Cooperative Agreement through the Fort Worth 09-2006 Community Relations Department with the U.S. Department of Housing and U.S. Department Urban Development and accept funds in the amount of $474,702.00; and of Housing and adopting Appropriation Ordinance No. 17183-09-2006 increasing estimated Urban receipts and appropriations in the Grants Fund in the amount of $474,702.00 Development from available funds for the purpose of funding a Fair Housing Assistance Program Cooperative Agreement between the Fort Worth Community Relations Department and the U.S. Department of Housing and Urban Development. C-21706 M&C C-21706 - Authorizing an agreement with Maximus, Inc., for Maximus, Inc. professional services to assist with the implementation of certain recommendations from an operational review of the Finance Department; and authorizing payment for services to Maximus, Inc., in an amount not to exceed $60,300.00. C-21707 M&C C-21707 - Authorizing the transfer of $624,117.00 from the Water and Ord. No. 17184- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $225,309.00 and Sewer Capital Projects Fund in the amount of $398,808.00; McClendon adopting Appropriation Ordinance No. 17184-09-2006 increasing estimated Construction receipts and appropriations in the Water Capital Projects Fund in the amount of Company, Inc. $225,309.00 and the Sewer Capital Projects Fund in the amount of$398,808.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 9 of 32 from available funds for the purpose of executing a contract with McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Winnie Street (Dallas Avenue to South Hampshire Boulevard) and Langston Street(Strong Avenue to Burton Avenue); and authorizing the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $918,899.00 for pavement reconstruction and water and sanitary sewer replacement on Winnie Street (Dallas Avenue to South Hampshire Boulevard) and Langston Street (Strong Avenue to Burton Avenue) (Project No. 00021). C-21708 M&C C-21708 - Authorizing the City Manager to transfer $36,757.00 from the Ord. No. 17185- Water and Sewer Operating Fund to the Water Capital Projects Fund in the 09-2006 amount of $3,317.00 and the Sewer Capital Projects Fund in the amount of Amendment No. 1 $33,440.00; adopting Appropriation Ordinance No. 17185-09-2006 increasing to CSC No. 32125 estimated receipts and appropriations in the Water Capital Projects Fund in the - Stream Water amount of $3,317.00 and the Sewer Capital Projects Fund in the amount of Group, Inc. $33,440.00 from available funds for the purpose of executing Amendment No. 1 to City Secretary Contract No. 32125 with Stream Water Group, Inc., for Engineering, Surveying and Plan Preparation for the replacement of Sanitary Sewer Laterals L-6960 and L-907; and authorizing the City Manager to execute Amendment No. 1 to City Secretary Contract No. 32125 with Stream Water Group, Inc., for engineering, surveying and plan preparation for the replacement of Sanitary Sewer Lateral L-6960 in Dorothy Lane from Camp Bowie Boulevard to the alley between Clarke Avenue and Bunting and in the alley from Dorothy Lane to Belle Place, for the replacement of L-907 in the alley between Modlin Avenue and West Seventh Street and for the construction of a new Water line in Haskell Street from Modlin Avenue to the alley between Modlin Avenue and Seventh Street (Project No. 00167), in the amount of $30,590.00, thereby increasing the original contract amount to $132,066.00. C-21709 M&C C-21709 - Authorizing the transfer of $244,171.71 from the Water and Ord. No. 17186- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $162,127.00 and Sewer Capital Projects Fund in the amount of $82,044.71; Gilco Contracting, adopting Appropriation Ordinance No. 17186-09-2006 increasing estimated Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $162,127.00 and the Sewer Capital Projects Fund in the amount of $82,044.71 from available funds for the purpose of executing a contract with Gilco Contracting, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Barnett Street(Scenery Hill Road to Oakland Boulevard) and Montclair Drive (Normandy Road to Meadowbrook Drive); and authorizing the City Manager to execute a contract with Gilco Contracting, Inc., CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 10 of 32 in the amount of $554,644.50 for pavement reconstruction and water and sanitary sewer main replacement on Barnett Street (Scenery Hill Road to Oakland Boulevard) and Montclair Drive (Normandy Road to Meadowbrook Drive) (Project No. 00169). C-21710 M&C C-21710 - Authorizing the City Manager to enter into a license BNSF Railway agreement(25 year term) with the BNSF Railway Company for a 42 inch water Company pipeline to support the Sendera Ranch Development and Alliance Airport, located at milepost marker 363.44 (DOE 5274 #06-30350) for a one-time cost of $3,500.00, which includes a $1,000.00 charge for participation in the licensor's blanket insurance policy. The City will incur all costs associated with this agreement. C-21711 M&C C-21711 - Authorizing the transfer of $216,860.38 from the Water and Ord. No. 17187- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $172,979.00 and Sewer Capital Projects Fund in the amount of $43,881.38; Teague Nall and adopting Appropriation Ordinance No. 17187-09-2006 increasing estimated Perkins, Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $172,979.00 and the Sewer Capital Projects Fund in the amount of $43,881.38 from available funds for the purpose of executing an engineering agreement with Teague Nall and Perkins, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Canton Drive, Church Street, Halbert Street and Van Natta Lane (Project No. 00450); and authorizing the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $301,145.00 for pavement reconstruction and water and sanitary sewer main replacement on Canton Drive, Church Street, Halbert Street and Van Natta Lane (Project No. 00450). C-21712 M&C C-21712 - Authorizing the transfer of $90,660.82 from the Water and Ord. No. 17188- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $86,599.66 and Sewer Capital Projects Fund in the amount of $4,061.16; Dunaway adopting Appropriation Ordinance No. 17188-09-2006 increasing estimated Associates,L.P. receipts and appropriations in the Water Capital Projects Fund in the amount of $86,599.66 and the Sewer Capital Projects Fund in the amount of $4,061.16, from available funds for the purpose of executing an engineering agreement with Dunaway Associates, L.P., for pavement reconstruction and water and sanitary sewer main replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue (Project No. 00455); and authorizing the City Manager to execute an engineering agreement with Dunaway Associates, L.P., in the amount of $208,357.00 for pavement reconstruction and water and sanitary sewer main replacement on College Avenue, Orange Street, Lipscomb Street and Wayside Avenue (Project No. 00455). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 11 of 32 C-21713 M&C C-21713 - Authorizing the transfer of $64,757.36 from the Water and Ord. No. 17189- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $57,446.26 and the Sewer Capital Projects Fund in the amount of $7,311.10; Freese & Nichols, adopting Appropriation Ordinance No. 17189-09-2006 increasing estimated Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $57,446.26 and the Sewer Capital Projects Fund in the amount of $7,311.10 from available funds for the purpose of executing an engineering agreement with Freese & Nichols, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Colvin Avenue, Irma Street and East Robert Street (Project No. 00454); and authorizing the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the amount of $125,200.00 for pavement reconstruction, water and sanitary sewer main replacement on Colvin Avenue, Irma Street and East Robert Street(Project No. 00454). C-21714 M&C C-21714 - Authorizing the transfer of $51,591.06 from the Water and Ord. No. 17190- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $24,937.76 and Sewer Capital Projects Fund in the amount of $26,653.30; TCB, Inc. adopting Appropriation Ordinance No. 17190-09-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $24,937.76 and the Sewer Capital Projects Fund in the amount of $26,653.30 from available funds for the purpose of executing an engineering agreement with TCB, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Edney Street and Southcrest Drive (Project No. 00448); and authorizing the City Manager to execute an engineering agreement with TCB Inc., in the amount of $111,724.00 for pavement reconstruction and water and sanitary sewer main replacement on Edney Street and Southcrest Drive (Project No. 00448). C-21716 M&C C-21716 - Authorizing the City Manager to execute a contract with Peachtree Peachtree Construction, Ltd., in the amount of $783,849.50 for H.M.A.C. Construction, Ltd. Surface Overlay 2006-14, at various locations. C-21717 M&C C-21717 - Authorizing the transfer of $37,704.63 from the Water and Ord. No. 17191- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $33,088.66 and Sewer Capital Projects Fund in the amount of $4,615.97; HDR Engineering, adopting Appropriation Ordinance No. 17191-09-2006 increasing estimated Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $33,088.66 and the Sewer Capital Projects Fund in the amount of $4,615.97 from available funds for the purpose of funding an engineering agreement with HDR Engineering, Inc., for pavement reconstruction and water and sanitary CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 12 of 32 sewer main replacement 2004 CIP, Contract 51 (Project No. 00453); and authorizing the City Manager to execute an engineering agreement with HDR Engineering Inc., in the amount of $133,333.00 for pavement reconstruction and water and sanitary sewer main replacement on Hudson Street, South Perkins Street, Hazeline Road and Collard Street(Project No. 00453). C-21718 M&C C-21718 - Authorizing the City Manager to execute a contract with McClendon McClendon Construction Company, Inc., in the amount of $862,558.50 for Construction 2004 CIP Intersection Improvements, Contract II. Company, Inc. C-21719 M&C C-21719 - Authorizing the transfer of $817,622.00 from the Water and Ord. No. 17192- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 09-2006 Appropriation Ordinance No. 17192-09-2006 increasing estimated receipts and Conatser appropriations in the Sewer Capital Projects Fund in the amount of$814,622.00 Construction TX, from available funds for the purpose of executing a contract with Conatser LP Construction TX, LP, for Sanitary Sewer Rehabilitation Contract LXVIII (68), Unit 1; and authorizing the City Manager to execute a contract with Conatser Construction, TX, LP, in the amount of $718,772.00 for Sanitary Sewer Rehabilitation Contract LXVIII(68), Unit 1 (City Project No. 00420). C-21721 M&C C-21721 - Authorizing the transfer of $85,129.21 from the Water and Ord. No. 17193- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $45,511.88 and Sewer Capital Projects Fund in the amount of $39,617.33; Stream Water adopting Appropriation Ordinance No. 17193-09-2006 increasing estimated Group, Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $45,511.88 and the Sewer Capital Projects Fund in the amount of $39,617.33, from available funds for the purpose of executing an engineering agreement with Stream Water Group, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Northeast 37th Street, Decatur Avenue, Hardy Street and Selene Street; and authorizing the City Manager to execute an engineering agreement with Stream Water Group, Inc., in the amount of $164,947.00 for pavement reconstruction and water and sanitary sewer main replacement on Northeast 37th Street, Decatur Avenue, Hardy Street and Selene Street(Project No. 00441). C-21722 M&C C-21722 - Authorizing the City Manager to execute an engineering Teague Nall & agreement with Teague Nall & Perkins, Inc., in the amount of $92,721.00 for Perkins, Inc. reconstruction of the South Pipeline Road Bridge over Post Oak Channel (Project No. 0025 8). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 13 of 32 C-21723 M&C C-21723 - Authorizing the transfer of $64,516.43 from the Water and Ord. No. 17194- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $27,114.30 and Sewer Capital Projects Fund in the amount of $37,402.13; Slater adopting Appropriation Ordinance No. 17194-09-2006 increasing estimated Engineering, Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $27,114.30 and the Sewer Capital Projects Fund in the amount of $37,402.13 from available funds for the purpose of funding an engineering agreement with Slater Engineering, Inc., for pavement reconstruction and water and sanitary sewer main replacement 2004 CIP, Contract 45 (Project No. 00446); and authorizing the City Manager to execute an engineering agreement with Slater Engineering Inc., in the amount of $117,796.00 for pavement reconstruction and water and sanitary sewer main replacement on Spindletree Lane (Buttonwood Drive to Pepperbush Drive) (Project No. 00446). C-21724 M&C C-21724 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 City Secretary Contract No. 29059 with Teague Nall & Perkins, Inc., for Walsh to CSC No. 29059 Ranch Sanitary Sewer Extension, Phases IVA and NB in the amount of - Teague Nall & $42,292.00, to provide for additional engineering services, thereby increasing Perkins, Inc. the contract amount to $304,392.00. C-21725 M&C C-21725 - Authorizing the transfer of $84,305.94 from the Water and Ord. No. 17195- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 09-2006 $31,736.76 and Sewer Capital Projects Fund in the amount of $52,569.18; ANA Consultants, adopting Appropriation Ordinance No. 17195-09-2006 increasing estimated L.L.C. receipts and appropriations in the Water Capital Projects Fund in the amount of $31,736.76 and the Sewer Capital Projects Fund in the amount of $52,569.18 from available funds for the purpose of executing an engineering agreement with ANA Consultants, L.L.C., for pavement reconstruction and water and sanitary sewer main replacement (Project No. 00444); and authorizing the City Manager to execute an engineering agreement with ANA Consultants, L.L.C., in the amount of $177,975.00 for pavement reconstruction and water and sanitary sewer main replacement on Westcreek Drive (Medina Avenue to Bilglade Avenue and Bilglade Road to Westfield Avenue) (Project No. 00444). C-21726 M&C C-21726 - Authorizing the City Manager to execute a Memorandum of NTHIDTA, Agreement with the North Texas High Intensity Drug Trafficking Area, Regional (NTHIDTA) Regional Intelligence Support Center, to provide intelligence and Intelligence case support to investigative efforts targeting major drug trafficking Support Center organizations in the North Texas area; and authorizing the agreement to begin upon execution by all participants and remain in force unless explicitly terminated, in writing, by either party. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 14 of 32 C-21727 M&C C-21727 - Authorizing the City Manager to execute a Memorandum of NTHIDTA, Agreement with the participating North Texas High Intensity Drug Trafficking Regional Area (NTHIDTA), Regional Intelligence Support Center to provide for the Intelligence distribution of proceeds of all assets forfeited as a result of the NTHIDTA Support Center investigations and prosecutions; and authorizing the Agreement to begin upon execution of the Agreement by all participants and remain in force unless explicitly terminated, in writing, by either party. C-21728 M&C C-21728 - Authorizing contracts for twelve Wraparound facilitators U.S. Department funded by a grant from the U.S. Department of Health and Human Services, of Health and Substance Abuse and Mental Health Services Agency for a Child Mental Human Services, Health Initiative Co-operative Agreement with six agencies for emotionally Substance Abuse disturbed children residing in the City of Fort Worth to begin September 30, and Mental Health 2006, and expire September 29, 2007, with an option to renew for a one-year Services Agencies term contingent upon receipt of funding for this grant. C-21729 M&C C-21729 - Authorizing the City Manager to execute interlocal Various agreements with various municipalities and other governmental entities for their Municipalities participation in the Environmental Collection Center Household Hazardous Waste Program. C-21730 M&C C-21730 - Authorizing the transfer of $149,160.00 from the Water and Ord. No. 17196- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 09-2006 Appropriation Ordinance No. 17196-09-2006 increasing estimated receipts and White Rock appropriations in the Sewer Capital Projects Fund in the amount of$149,160.00 Consultants from available funds for the purpose of executing an engineering agreement with White Rock Consultants for the Sanitary Sewer Rehabilitation Geographical Information System Database Phase 1; and authorizing the City Manager to execute an engineering agreement with White Rock Consultants in the amount of$135,160.00 for the Sanitary Sewer Rehabilitation Geographical Information System (GIS)Database Phase 1. C-21731 M&C C-21731 - Authorizing the City Manager to transfer $695,376.00 from Ord. No. 17197- the Water and Sewer Operating Fund to the Water Capital Projects Fund; 09-2006 adopting Appropriation Ordinance No. 17197-09-2006 increasing estimated Kimley Horn & receipts and appropriations in the Water Capital Projects Fund in the amount of Associates,Inc. $695,376.00 from available funds for the purpose of funding an engineering agreement with Kimley Horn & Associates, Inc., for the Northside III 2.5 Million Gallon Elevated Storage Tank and 36 inch Water Transmission Main; and authorizing the City Manager to execute an engineering agreement with Kimley Horn & Associates, Inc. for a lump sum fee of $648,500.00 for the Northside HI 2.5 Million Gallon Elevated Storage Tank and 36 inch Water Transmission Main (Project No. 00368). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 15 of 32 C-21732 M&C C-21732 - Authorizing the City Manager to execute a contract with the Boys & Girls Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up Gang Clubs of Greater Intervention Program. Fort Worth C-21733 M&C C-21733 - Authorizing the execution of a professional services William S. agreement with William S. Nicholson II, individually and d/b/a Nicholson, II, theHOKPlanningGroup in an amount not to exceed $50,000 to conduct the Individually and 2006 Parks and Community Services Department Needs Assessment Study to d/b/a update the Park, Recreation and Open Space Master Plan. theHOKPlanning- Group C-21734 M&C C-21734 - Authorizing the City Manager to extend the lease with Town Town Center Center Mall, LP, for 3,749 square feet of office space at La Gran Plaza for the Mall, LP Parks and Community Services Department for an additional 28 months for the Community Services and Inspection Operations; and authorizing the extension of the lease to begin October 1, 2006 through December 31, 2008. C-21735 M&C C-21735 - Authorizing the City Manager to renew a lease with Town Town Center, LP Center, LP, for 1,000 square feet of storage space for the Parks and Community Services Department Community Action Partners Program at La Gran Plaza at a cost of $500.00 per month for a period beginning January 1, 2006, through December 31, 2006, with one year renewal option from January 1, 2007, through December 31, 2007. C-21736 M&C C-21736 - Authorizing the City Manager to accept a grant amendment in Ord. No. 17198- the amount of $20,000.00 from Workforce Solutions for Tarrant County to 09-2006 reimburse the City for providing transportation services to Katrina guests for Workforce employment-related activities; authorizing the City Manager to extend and Solutions for amend the current grant agreement with Workforce Solutions for Tarrant Tarrant County County until September 30, 2006; and adopting Appropriation Ordinance No. 17198-09-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $20,000.00, subject to receipt of the grant from Workforce Solutions for Tarrant County, for the purpose of funding transportation services to Katrina guest for employment-related activities. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 16 of 32 Agenda Item X Mayor Moncrief nominated Elise Hull for appointment to the Fort Worth Youth Presentations by Advisory Board. Council Member Davis made a motion, seconded by Council City Council Member Espino, that Elise Hull be appointed to the Fort Worth Youth Advisory Board effective September 26, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Kiah Thorn be appointed to the Fort Worth Youth Advisory Board effective September 26, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Council Member Jordan made a motion in the absence of Council Member Burdette, seconded by Council Member Davis, that Bobbie Shosty be appointed to Place 7 on the Appeals Board effective September 26, 2006, with a term expiring September 30, 2007. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15415 There was presented Mayor and Council Communication No. G-15415 from Ord. No. 17199- the City Manager recommending that the City Council authorize the City 09-2006 Manager to accept a $250,000.00 donation from the Fort Worth Public Library Accept Donation Foundation for the Library Department's materials collection, and adopt an for Purchase of appropriation ordinance increasing estimated receipts and appropriations in the Books and amount of $250,000.00 subject to receipt of payment from the Fort Worth Materials for Public Library Foundation for the purpose of funding the Library Department's Library materials collection. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15415 be approved and Appropriation Ordinance No. 17199-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Ms. Gleniece Robinson, Library Director, accepted the $250,000.00 donation from Mr. West Turner, Chair of the Great Cities Have Great Libraries Campaign Phase 11. Mr. Greg McCoy, Board Chair, Fort Worth Public Library Foundation accompanied Mr. Turner. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 17 of 32 G-15416 There was presented Mayor and Council Communication No. G-15416 from Name Reading the City Manager recommending that the City Council authorize the City Area at Northside Manager to name the reading area at the Northside Branch Library the Branch Library "Crescent Reading Room" in recognition of Crescent Real Estate Equities. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15416 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Mayor Pro tem Hicks expressed congratulations to Dr. Gleniece Robinson on her recent nuptials. (Council Member Espino stepped away from the dais.) G-15417 There was presented Mayor and Council Communication No. G-15417 from Ord. No. 17200- the City Manager recommending that the City Council adopt an ordinance 09-2006 amending Chapter 25, "Planning" of the Code of the City of Fort Worth (1986), Amend Chapter as amended, by amending Section 25-1 to change the fees for certain services 25, Section 25-1 of related to Zoning Board of Adjustment, Zoning Commission, and Plan City Code Commission functions relating to the following services: 1. Annexation, City Council variances and miscellaneous fees with an effective date of October 24, 2006; 2. Zoning fees with an effective date of October 10, 2006; 3. Plat and applications fees for Plan Commission actions with an effective date of October 24, 2006; 4. Board of Adjustment variances or special exceptions for residential uses with an effective date of October 17, 2006; and 5. Board of Adjustment variances or special exceptions for commercial uses with an effective date of October 3, 2006. City Manager Boswell stated that Section 25-1. (a)(1)(3) of the Zoning Board of Adjustment should be corrected to reflect "sixty dollars" instead of "fifty- five dollars". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 18 of 32 Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15417 be approved and Ordinance No. 17200-09-2006 be adopted as corrected. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Wheatfall and Burdette absent. G-15418 There was presented Mayor and Council Communication No. G-15418 from Ord. No. 17201- the City Manager recommending that the City Council adopt an ordinance 09-2006 amending the Fort Worth Building Code, by providing an increase in the fees Ord. No. 17202- charged; adopt an ordinance amending the Fort Worth Mechanical Code, by 09-2006 providing for an increase in the fees charged; adopt an ordinance amending the Ord. No. 17203- Fort Worth Plumbing Code, by providing for an increase in the fees charged; 09-2006 adopt an ordinance amending the Fort Worth Electrical Code, by providing for Ord. No. 17204- an increase in the fees charged; adopt an ordinance amending the Fort Worth 09-2006 Sign Code, by providing for an increase in the fees charged; and establish the Ord. No. 17205- effective date of all ordinances as of October 1, 2006. 09-2006 Amend Fort Council Member Jordan made a motion, seconded by Council Member Davis, Worth Building that Mayor and Council Communication No. G-15418 be approved and Code, Mechanical Ordinance Nos. 17201-09-2006, 17202-09-2006, 17203-09-2006, 17204-09- Code, Plumbing 2006 and 17205-09-2006 be adopted. The motion carried unanimously six (6) Code, Electrical ayes to zero (0) nays, with Council Members Espino, Wheatfall and Burdette Code and Sign absent. Code G-15419 There was presented Mayor and Council Communication No. G-15419 from Ord. No. 17206- the City Manager recommending that the City Council adopt an ordinance 09-2006 amending the Code of Ordinances of the City of Fort Worth, by amending Amend Chapter Section 14-49 "Gas Well Fees" of Article III of Chapter 15, "Gas", entitled 15,Article III, "Gas Drilling and Production Fees" to increase the fees for new gas well Section 14-49 of permits to $3,000.00 and the annual fees per well to $500.00; and establish the City Code effective date of this ordinance as of October 1, 2006. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15419 be approved and Ordinance No. 17206-09-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 19 of 32 G-15420 There was presented Mayor and Council Communication No. G-15420 from Res. No. 3414-09- the City Manager recommending that the City Council adopt a resolution 2006 supporting the National League of Cities' Initiative Program to help promote Support National awareness and focus attention on the importance and value of inclusive League of Cities' communities. Initiative Program (Council Member Espino returned to his chair at the dais.) Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15420 be approved and Resolution No. 3414-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. G-15421 There was presented Mayor and Council Communication No. G-15421 from Ord. No. 17207- the City Manager recommending that the City Council authorize the City 09-2006 Manager to adopt an ordinance amending Section 2 and 7 of Ordinance No. Amend Section 2 7323, as amended, by revising the exterior boundary of City Council Single- and 7 of Ord. No. member District 2 and 7 to incorporate territory annexed by the City of Fort 7323 Worth for full purposes; and approve amendment of the single-member district map to reflect annexations and boundary adjustments in Council Districts 2 and 7. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15421 be approved and Ordinance No. 17207-09-2006 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. G-15422 There was presented Mayor and Council Communication No. G-15422 from Execute Partial the City Manager recommending that the City Council execute a Partial Release Release of Lien of Lien for property owned by Prime Rail Interest, Inc., (Prime) upon receipt of and Third Notice $867,677.00 from Prime; execute a Third Notice of Assessment Lien for of Assessment property owned by Prime; and reduce the interest from eight percent to one Lien percent for the first 12 of the 24 month repayment term under the Third Notice of Assessment Lien. Interest will return to eight percent for months 13 through 24. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15422 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 20 of 32 G-15423 There was presented Mayor and Council Communication No. G-15423 from Ord. No. 17208- the City Manager recommending that the City Council adopt an ordinance 09-2006 amending Sections 35-56(g) and 35-56(h) of Chapter 35 "Water and Sewer", Amend Chapter Article III"Charges" of the Code of the City of Fort Worth (1986), as amended, 35,Article III, by revising and adding certain wholesale water, wastewater and raw water Sections 35-56(g) service rates and charges and provides an effective date of billing on or after and 35-56(h) of November 1, 2006, for usage of flows from and after October 1, 2006; making City Code this ordinance cumulative of prior ordinances; repealing all ordinances and provisions for the Fort Worth City Code in conflict herewith. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15423 be approved and Ordinance No. 17208-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Public Hearing It appeared that the City Council set today as the day for a public hearing for a G-15424 request for variances from Section 15-42.A-26 of the Gas Well Ordinance to Variances to dispose of saltwater from multiple privately owned lease wells into the shallow Dispose Saltwater Caddo Sand Formation. Mayor Moncrief opened the public hearing and asked from Multiple if there was anyone present desiring to be heard. Privately Owned Lease Wells in Mayor Moncrief stated that there were two speaker cards on this item and stated Shallow Caddo that the public hearing was being continued until October 10, 2006, and asked if Sand Formation they would like to be heard at this time. Mr. Walter Dueease, 810 Houston Street, appeared and advised Council that he would reserve his comments until October 10, 2006. Mr. Dan H. Meeker, 309 W. 7th #810, also stated that he would reserve his comments until October 10, 2006. There being no one present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that the public hearing and Mayor and Council Communication No. G- 15424 be continued until October 10, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 21 of 32 Public Hearing It appeared that the City Council set today as the day for a public hearing to G-15425 adopt an ordinance expanding the boundary of Tax Increment Reinvestment Ord. No. 17209- Zone No. 3, City of Fort Worth, Texas (Downtown TIF). Mayor Moncrief 09-2006 opened the public hearing and asked if there was anyone present desiring to be Expand Boundary heard. of Tax Increment Reinvestment Ms. Ossana O. Hermosillo, Economic Development Specialist, appeared before Zone No. 3 Council, gave a staff report and called attention to Mayor and Council (Downtown TIF) Communication No. G-15425, as follows: There was presented Mayor and Council Communication No. G-15425 from the City Manager recommending that the City Council hold a public hearing expanding the boundary of Tax Increment Reinvestment Zone No. 3, City of Fort Worth, Texas (Downtown TIF), as specifically provided in the ordinance; and adopt an ordinance enlarging the boundaries of Tax Increment Reinvestment Zone No. 3, City of Fort Worth, Texas, and it includes the finding of fact in support of such amendment. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-15425 be approved and Ordinance No. 17209-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Public Hearing It appeared that the City Council set today as the day for a public hearing to G-15426 approve the transfer of Gas Royalties funds for the Neighborhood Park Ord. No. 17210- Development Grant. Mayor Moncrief opened the public hearing and asked if 09-2006 there was anyone present desiring to be heard. Transfer Gas Royalties Fund for Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Neighborhood Services Department, appeared before Council, gave a staff report and called Park Development attention to Mayor and Council Communication No. G-15426, as follows: Grant Program There was presented Mayor and Council Communication No. G-15426 from the City Manager recommending that the City Council approve the transfer of $138,780.00 from the Gas Royalties Fund for the FY 2005-2006 Neighborhood Parks Development Grant; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of $138,780.00 from Gas Well Royalty Revenues, for the purpose of funding the administration of Fiscal Year 2005-2006 Neighborhood Parks Development Grant Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 22 of 32 There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication No. G-15426 be approved and Ordinance No. 17210-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. PZ-2696 There was presented Mayor and Council Communication No. PZ-2696 from the Establish City Manager recommending that the City Council approve the annexation Timetable for City timetable in order to annex approximately 107.4 acres of land, or .167 square Initiated miles, more or less, located east of Interstate Highway 35 and north of State Annexation Highway 170 and south of Westport Parkway (AX-06-002 NS Creed Survey) (AX-06-002 for full purposes in compliance with the requirements of Chapter 43 of the NS Creed Survey) Local Government Code of the State of Texas; and direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ-2696 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. PZ-2697 There was presented Mayor and Council Communication No. PZ-2697 from the Establish City Manager recommending that the City Council approve the annexation Timetable for City timetable in order to annex approximately 4.7 acres of land, or .007 square Initiated miles, more or less, located south of Golden Triangle Boulevard and west of Annexation North Beach Street, west of the intersection of North Beach and Ray White (AX-06-003 Road (AX-06-003 Crawford Tract) for full purposes in compliance with the Crawford Tract) requirements of Chapter 43 of the Local Government Code of the State of Texas; and direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2697 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21701 There was presented Mayor and Council Communication No. C-21701 from the Crosstex North City Manager recommending that the City Council authorize the City Manager Texas Gathering, to execute a Public Right-of-Way Use Agreement with Crosstex North Texas LP Gathering, LP, (Crosstex) that grants Crosstex a license to use certain streets and public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas gathering system. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 23 of 32 Council Member Silcox advised staff that two of the four crossings were in District 3 and not in District 7. He also stated that Mayor and Council Communication No. C-21703 also should reflect Council District 3 instead of District 7. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21701 be approved, as corrected. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21715 There was presented Mayor and Council Communication No. C-21715 from the Ord. No. 17211- City Manager recommending that the City Manager authorize the transfer of 09-2006 $144,713.10 from the Water and Sewer Operating Fund to the Water Capital TranSystems Projects Fund in the amount of$84,522.76 and the Sewer Capital Projects Fund Corporation in the amount of$60,190.34; adopting Appropriation Ordinance No. 17211-09- 2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$84,522.76 and the Sewer Capital Projects Fund in the amount of$60,190.34 from available funds for the purpose of executing an engineering agreement with TranSystems Corporation for pavement reconstruction and water and sanitary sewer main replacement on Fain Street, Fairview Street, Harper Street, Karnes Street and Primrose Avenue (Project No. 00445); and authorizing the City Manager to execute an engineering agreement with TranSystems Corporation, in the amount of $215,967.00 for pavement reconstruction and water and sanitary sewer main replacement on Fain Street, Fairview Street, Harper Street, Karnes Street and Primrose Avenue (Project No. 00445). City Manager Boswell stated that the M/WBE statement in the Mayor and Council Communication should be corrected to read "TranSystems Corporation is in compliance with the City's M/WBE Ordinance by committing to 20 percent M/WBE participation. The City's goal is 19 percent." Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21715 be approved as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21720 City Manager Boswell advised that Council needed to approve the corrected Corrected M&C C-21720 that was provided at their places in Pre-Council, which included Ord. No. 17212- corrections to the Recommendation section, M/WBE statement and the 09-2006 appropriation ordinance. Multatech Engineering, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 24 of 32 There was presented Mayor and Council Communication No. C-21720 from the City Manager recommending that the City Manager authorize the transfer of $59,247.88 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$51,828.24 and Sewer Capital Projects Fund in the amount of $7,419.64; adopting Appropriation Ordinance No. 17212-09- 2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$51,780.24 and the Sewer Capital Projects Fund in the amount of$7,151.28 from available funds for the purpose of executing an engineering agreement with Multatech Engineering, Inc., for pavement reconstruction and water and sanitary sewer main replacement (Project No. 00442); and authorizing the City Manager to execute an engineering agreement with Multatech Engineering, Inc., in the amount of $134,326.09 for pavement reconstruction and water and sanitary sewer main replacement on Northeast 29th Street, North Hampton Street and North Terry Street(Project No. 00442). Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-21720 Corrected be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21737 There was presented Mayor and Council Communication No. C-21737 from the Ord. No. 17213- City Manager recommending that the City Council: 09-2006 Amendment No. 2 1. Authorize the City Manager to execute a Loan Agreement in the amount to CSC No. 29110 of $5,000,000.00 from the Texas State Energy Conservation Office - Johnson (SECO) to finance the construction of Phase III of the City's Energy Controls, Inc. Savings Performance Contract with Johnson Controls, Inc., (JCI) pending approval of the SECO LoanSTAR Loan Application; 2. Authorize the transfer of funds from the Public Events Fund to the Specially Funded Capital Projects Fund in the amount of$198,937.00; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $5,198,937.00 from available funds for the purpose of executing Amendment No. 2 to City Secretary Contract No. 29110 with JCI for construction of the ESPC Phase III project; and 4. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 29110 with JCI in the amount of$5,178,937.00 for construction of the ESPC Phase III project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 25 of 32 Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21737 be approved and Appropriation Ordinance No. 17213-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21738 There was presented Mayor and Council Communication No. C-21738 from the William J. Schultz, City Manager recommending that the City Council authorize the City Manager Inc., d/b/a Circle to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" "C" Construction Construction Company in the amount of$1,880,035.00 for Water and Sanitary Company Sewer Main Replacements to serve Baylor All Saints Medical Center Lot 1R, Block 1 of the All Saints Episcopal Hospital Addition (City Project No. 00457). Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21738 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21739 There was presented Mayor and Council Communication No. C-21739 from the Ord. No. 17214- City Manager recommending that the City Council authorize the transfer of 09-2006 $513,364.34 from the Water and Sewer Operating Fund to the Water Capital McClendon Projects Fund in the amount of$412,969.54 and Sewer Capital Projects Fund in Construction the amount of $100,394.80; adopt an appropriation ordinance increasing Company, Inc. estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $412,969.54 and the Sewer Capital Projects Fund in the amount of $100,394.80, from available funds for the purpose of executing a contract with McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Bunting Avenue, Dorothy Lane and Ashland Avenue (Project No. 00166); and authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $1,399,414.30 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Bunting Avenue (Bertrose Avenue to Washington Terrace), Dorothy Lane (West 7th Street to Clarke Avenue) and Ashland Avenue (Crestline Road to Camp Bowie Boulevard) (Project No. 00166). Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21739 be approved and Appropriation Ordinance No. 17214-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 26 of 32 C-21740 There was presented Mayor and Council Communication No. C-21740 from the Ord. No. 17215- City Manager recommending that the City Council authorize the transfer of 09-2006 $426,790.67 from the Water and Sewer Operating Fund to the Water Capital Conatser Projects Fund in the amount of$367,161.67 and Sewer Capital Projects Fund in Construction TX, the amount of $59,629.00; adopt an appropriation ordinance increasing LP estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $367,161.67 and the Sewer Capital Projects Fund in the amount of $59,629.00, from available funds for the purpose of executing a contract with Conatser Construction TX, LP, for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Childress Street, Eastland Street, Grayson Street and Cutter Street; and authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of $1,457,223.00 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Childress Street (Wichita Street to Erath Street), Eastland Street (Wichita Street to Nolan Street), Grayson Street (Wichita Street to Foard Street) and Cutter Street(Foard Street to Nolan Street) (Project No. 00027). Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21740 be approved and Appropriation Ordinance No. 17215-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21741 There was presented Mayor and Council Communication No. C-21741 from the Peachtree City Manager recommending that the City Council authorize the City Manager Construction, Ltd. to execute a contract with Peachtree Construction, Ltd., in the amount of $1,638,012.00 for H.M.A.C. Surface Overlay 2006-15, at various locations. Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21741 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21742 There was presented Mayor and Council Communication No. C-21742 from the Ord. No. 17216- City Manager recommending that the City Council authorize the transfer of 09-2006 $702,543.54 from the Water and Sewer Operating Fund to the Water Capital Jackson Projects Fund in the amount of$341,518.57 and Sewer Capital Projects Fund in Construction, Ltd. the amount of $361,024.97; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $341,518.57 and the Sewer Capital Projects Fund in the amount of $361,024.97, from available funds for the purpose of executing a contract with CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 27 of 32 Jackson Construction, Ltd., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Ida Way (Hillside Avenue to South Hughes Avenue), Sun Valley Drive, (East Loop 820 to Kay Drive), South Hughes Avenue (Ida Way to M.L.K. Freeway) and Canberra Court (Thannisch Avenue to Berryhill Drive); and authorize the City Manager to execute a contract with Jackson Construction, Ltd., in the amount of $1,532,155.25 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Ida Way (Hillside Avenue to South Hughes Avenue), Sun Valley Drive, (East Loop 820 to Kay Drive), South Hughes Avenue (Ida Way to M.L.K. Freeway) and Canberra Court (Thannisch Avenue to Berryhill Drive) (Project No. 00020). Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21742 be approved and Appropriation Ordinance No. 17216-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21743 There was presented Mayor and Council Communication No. C-21743 from the Ord. No. 17217- City Manager recommending that the City Council authorize the transfer of 09-2006 $1,520,770.00 from the Water and Sewer Operating Fund to the Water Capital Jackson Projects Fund; adopt an appropriation ordinance increasing estimated receipts Construction, Ltd. and appropriations in the Water Capital Projects Fund in the amount of $1,520,770.00 from available funds for the purpose of funding a contract with Jackson Construction, Ltd., for Water Main Relocation along US HWY 377, from Keller-Haslet to one mile south of Denton County Line; and execute a contract with Jackson Construction, Ltd., in the amount of $1,322,830.00 and 160 working days for the Water Main Relocation along US HWY 377 Contract (Project No. 003 57). Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21743 be approved and Appropriation Ordinance No. 17217-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21744 There was presented Mayor and Council Communication No. C-21744 from the Ord. No. 17218- City Manager recommending that the City Council authorize the transfer of 09-2006 $54,560.00 from the Water and Sewer Operating Fund to the Sewer Capital Amendment No. Projects Fund; adopt an appropriation ordinance increasing estimated receipts 11 to CSC No. and appropriations in the Sewer Capital Projects Fund in the amount of 27656 - Dunaway $54,560.00 from available funds for the purpose of executing Amendment No. Associates,L.P. 11 to City Secretary Contract No. 27656 (M&C C-19049) with Dunaway CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 28 of 32 Associates, L.P., for Sanitary Sewer Rehabilitation Contract LV (55); and authorize the City Manager to execute Amendment No. 11 to City Secretary Contract No. 27650 with Dunaway Associates, L.P., in the amount of $54,560.00 to provide additional engineering services, thereby increasing the contract amount to $751,862.82. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21744 be approved and Appropriation Ordinance No. 17218-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21745 There was presented Mayor and Council Communication No. C-21745 from the Ord. No. 17219- City Manager recommending that the City Council authorize the transfer of 09-2006 $2,387,517.00 from the Water and Sewer Operating Fund to the Water Capital Oscar Renda Projects Fund in the amount of $994,867.00 and the Sewer Capital Projects Contracting, Inc. Fund in the amount of $1,392,650.00; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$994,867.00 and the Sewer Capital Projects Fund in the amount of$1,392,650.00 from available funds for the purpose of executing an engineering agreement with Oscar Renda Contracting, Inc., for Sanitary Sewer Rehabilitation Contract LXX (70), Part 3; and authorize the City Manager to execute a Construction Contract Agreement with Oscar Renda Contracting, Inc., in the amount of$2,194,755.00 for Sanitary Sewer Rehabilitation Contract LXX(70), Part 3 (City Project No. 00439). Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21745 be approved and Appropriation Ordinance No. 17219-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21746 There was presented Mayor and Council Communication No. C-21746 from the Ord. No. 17220- City Manager recommending that the City Council authorize the transfer of 09-2006 $683,601.37 from the Water and Sewer Operating Fund to the Water Capital Conatser Projects Fund in the amount of$254,235.00 and Sewer Capital Projects Fund in Construction TX, the amount of $429,366.37; adopt an appropriation ordinance increasing LP estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $254,235.00 and the Sewer Capital Projects Fund in the amount of $429,366.37, from available funds for the purpose of executing a contract with Conatser Construction TX, LP, in the amount of $1,493,571.50 for Pavement CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 29 of 32 Reconstruction and Water and Sanitary Sewer Main Replacement on Malinda Lane North (Jenson Road to Malinda Lane South), Malinda Lane South (Malinda Lane North to Jenson Road) and Martha Lane (Milam Street to Barron Lane); and authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of $1,493,571.50 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Malinda Lane North (Jenson Road to Malinda Lane South), Malinda Lane South (Malinda Lane North to Jenson Road) and Martha Lane (Milam Street to Barron Lane) (Project No. 00161). Council Member Scarth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21746 be approved and Appropriation Ordinance No. 17220-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21747 There was presented Mayor and Council Communication No. C-21747 from the Oscar Renda City Manager recommending that the City Council authorize the City Manager Contractors, Inc. to execute a contract with Oscar Renda Contractors, Inc., in the amount of $3,444,790.00 for Northside II Water Transmission Main from Eagle Mountain Water Treatment Plant to Marine Creek Parkway (City Project No. 00350). Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21747 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21748 There was presented Mayor and Council Communication No. C-21748 from the Ord. No. 17221- City Manager recommending that the City Council authorize the transfer of 09-2006 $1,642,151.00 from the Water and Sewer Operating Fund to the Water Capital Burnsco Projects Fund in the amount of$590,263.00 and Sewer Capital Projects Fund in Construction, Inc. the amount of $1,051,888.00; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $590,263.00 and the Sewer Capital Projects Fund in the amount of $1,051,888.00; from available funds for the purpose of executing a contract with Burnsco Construction, Inc., for Water and Sanitary Sewer Replacement (on Beckwood Drive, Carten Street, Lola Street, Janice Lane, Oakdale Drive and Proctor Street) Contract 2002, STM-A; and authorize the City Manager to execute a contract with Burnsco Construction, Inc., in the amount of $1,607,511.00 for Water and Sanitary Sewer Replacement Contract 2002, STM-A (City Project No. 00410). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 30 of 32 Council Member Scarth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21748 be approved and Appropriation Ordinance No. 17221-09-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21749 There was presented Mayor and Council Communication No. C-21749 from the Continued Until City Manager recommending that the City Council approve membership by the October 3,2006 City of Fort Worth in the Texas Clean Cities Coalition; authorize the City Manager to execute a participation agreement with and bylaws for the Texas Clean Cities Coalition and appointment of City representative; and appoint Brian Boerner to represent the City of Fort Worth's interests at Coalition meetings, with authorization for such representative to designate a substitute, if such representative is unable to attend any coalition meeting. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21749 be continued until the October 3, 2006, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Agenda Item XIV It appeared that the City Council set today as the date for a public hearing for a First Public proposed City initiated full purpose annexation and service plan for Hearing approximately 533 acres of land in Tarrant County, located west of US Hwy City Initiated Full 377 and south of Westport Parkway (AX-05-023 Sunset Circle and Oak Haven Purpose Drive Enclave). Mayor Moncrief opened the public hearing and asked if there Annexation was anyone present desiring to be heard. (AX-05-023 Sunset Circle and Oak Ms. Allison Gray, Senior Planner, Development Department, appeared before Haven Drive Council, gave a staff report and stated that the second public hearing would be Enclave) scheduled for October 3, 2006. There being no one present desiring to be heard in connection with the first public hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 31 of 32 First Public It appeared that the City Council set today as the date for a public hearing for a Hearing proposed City initiated full purpose annexation and service plan for City Initiated Full approximately 178 acres of land in Tarrant County, located west of US Hwy Purpose 377 and south of Keller Hicks Road (AX-05-024 Keller Hicks Road and Pine Annexation Tree Estates Enclave). Mayor Moncrief opened the public hearing and asked if (AX-05-024 Keller there was anyone present desiring to be heard. Hicks Road and Pine Tree Estates Ms. Allison Gray, Senior Planner, Development Department, appeared before Enclave) Council, gave a staff report and stated that the second public hearing would be scheduled for October 3, 2006. There being no one present desiring to be heard in connection with the first public hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Item XV Mr. Joe Waller, 2533 Castle Circle, appeared before the City Council and Citizen expressed appreciation to the Council for their willingness to meet with him on Presentations the important issue of the dredging of Lake Worth. Joe Waller Mayor Moncrief adjourned the regular session of the Fort Worth City Council at 11:25 a.m. and reconvened the City Council into the Pre-Council session. Reconvened into The City Council reconvened into Pre-Council session at 11:27 a.m. to Pre-Council complete the remaining agenda items as follows: 6. Presentation on Park Riverside Oxbow Flood Mitigan and Ecosystem Restoration Proposal. 7. City Council Requests for Future Agenda Items and/or Reports 8. Executive Session - The City Council may conduct a closed meeting as authorized by Section 551.071 of the Texas Government Code to seek the advice of its attorneys on legal issues regarding any matter listed on today's City Council Agendas. The City Council concluded their Pre-Council session at 12:28 p.m. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 2006 PAGE 32 of 32 Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:30 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 DFW and Wright Amendment; b) Legal issues regarding sex offenders residential restrictions; c) Herman Clay Smith v. City of Fort Worth, Cause No. 05-12- 903; d) 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 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:00 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 1:00 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 3`d October, 2006. Attest: Approved: Marty ffendrix Michael . Moncri City Secretary Mayor