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HomeMy WebLinkAbout2006/09/19-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 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 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager Cynthia Garcia, Senior Assistant 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 10:06 a.m. on Tuesday, September 19, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Hicks and Council Members Silcox and Davis temporarily absent. Agenda Item H The invocation was given by Pastor Rey Martinez, Waves of Faith Community Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Davis assumed her chair at the dais.) Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Jordan, the minutes of the regular meeting of September 12, 2006, were Minutes approved unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Silcox absent. (Council Member Silcox assumed his chair at the dais.) Agenda Item V Council Member Espino presented a Proclamation for Hispanic Heritage Special Month to Linda Arriaga, Eligibility Specialist for Community Relations and Presentations City of Fort Worth Hispanic Celebration Committee Chair and members of the Hispanic Celebration Committee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 2 of 24 (Mayor Pro tem Hicks assumed her chair at the dais.) Agenda Item VI Council Member Scarth summarized the vast diversity of events that took Announcements place in the City over the weekend. He commended the phenomenal efforts of City staff, the Convention and Visitors Bureau, and staff at Will Rogers Memorial Complex for their efforts and congratulated everyone for conducting very successful events. He added that the revenue generated by these events was a great benefit to the City. Council Member Jordan echoed Council Member Scarth's comments and commended the Texas Christian University (TCU) Horned Frog Football team for their victory over the weekend. He stated not only were they a great football team but they gave national exposure to sportsmanship and fair play. Council Member Burdette offered congratulations to the Jazz By the Boulevard festival that took place last weekend on the lawn of the Will Rogers Auditorium. He added that the festival was organized and sponsored largely by Historic Camp Bowie, Inc., which had done a terrific job in restoring Camp Bowie Boulevard. He further stated that the Jazz Festival along with the Arts Festival, Mayfest and other similar festivals meant that the City had more festivals in which all walks of life and all people in the City came together and enjoyed. He encouraged everyone to support these festivals. Council Member Silcox stated that Jazz By the Boulevard festivities gathered one of the largest crowds in its four year history. He added that the Cruise for the Cure was very successful with approximately 400 custom cars on display and that a large number of men participated in the free prostate screening. He added that the free prostate screening would also occur next year and encouraged men to take advantage of this free service next year. Council Member Espino stated that it was an all around good sports weekend with the Nolan High School Vikings, TCU, and Dallas Cowboys football teams winning their respective games. He announced that the Hispanic Heritage Breakfast would be held on September 20, 2006, at 7:30 a.m. at the Fort Worth Convention Center, Ballroom A. He stated that the Louis Zapata Award would be presented to the family of Arnold Velez, who had recently passed, for his many contributions to the community. Council Member Wheatfall announced that this week was Cancer Awareness Week and that a Cancer Week Luncheon would be held at the Fort Worth Club on September 21, 2006, at noon with Les Brown as the keynote speaker. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 3 of 24 Mayor Moncrief stated that the Council continued to use the dais as a bully pulpit to raise awareness on issues like prostate and breast cancer and other issues that affect the quality of life of people in the City. He added that the Council always stepped up to the plate and passed a resolution or proclamation which spoke to the quality of life in the City. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15401 be withdrawn from the consent agenda. Consent Agenda Council Member Silcox requested that Mayor and Council Communication No. C-21683 be withdrawn from the consent agenda. Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1576 M&C OCS-1576 - from the Office of the City Secretary recommending that Claims the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15399 M&C G-15399 - Authorizing: Ord. No. 17158-09- 2006 1. Adoption of Supplemental Appropriation Ordinance No. 17158-09- Ord. No. 17159-09- 2006 increasing appropriations in the Risk Management Fund in the 2006 amount of$50,000.00 and decreasing the unreserved, designated fund Res. No. 3412-09- balance by the same amount, for the purpose of transferring said funds 2006 to the General Fund for an increase in the maximum amount to be paid Increase Payment to O'Melveny & Myers, LLP, for representation of the City of Fort to Provide Legal Worth in negotiations regarding the "Wright Amendment"; Representation Regarding "Wright 2. Transfer of$50,000.00 from the Risk Management Fund balance to the Amendment" General Fund in the amount of$50,000.00; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 4 of 24 3. Adoption of Supplemental Appropriation Ordinance No. 17159-09- 2006 increasing estimated receipts and appropriations in the General Fund in the amount of $50,000.00 from a transfer from the Risk Management Fund, for the purpose of funding an increase in the maximum amount to be paid to O'Melveny & Myers, LLP, for representation of the City of Fort Worth in negotiations regarding the "Wright Amendment"; and 4. Adoption of Resolution No. 3412-09-2006 authorizing an increase of $50,000.00 in the aggregate maximum amount to be paid to Eric Richards and Denise Raytis of O'Melveny & Myers for representation of the City of Fort Worth in negotiations regarding the "Wright Amendment" from $50,000.00 as originally set to an amount not to exceed $100,000.00. G-15400 M&C G-15400 - Adopting Resolution No. 3413-09-2006 ratifying the filing of Res. No. 3413-09- the lawsuit entitled City of Fort Worth, et al., v. Greg Abbott, Attorney General 2006 of Texas, Cause No. D-1-GV-06-001706 filed in Travis County District Court Ratify Lawsuit pursuant to Chapter 552 of the Texas Government Code. Entitled City of Fort Worth,et al.v. Greg Abbott,Attorney General, Cause No. D-1-GV-06-001706 G-15402 M&C G-15402 - Adopting Supplemental Appropriation Ordinance No. 17160- Ord. No. 17160-09- 09-2006 increasing estimated receipts and appropriations in the Insurance Fund 2006 in the amount of $230,902.81 from available funds due to subrogation and Transfer Funds for recovery from commercial insurance coverage, for the purpose of funding Insured Property insured property and liability losses; and authorizing the transfer of and Liability $230,902.81 from the Risk Management Fund to various funds. Losses G-15403 M&C G-15403 - Authorizing the City Manager to accept up to a $100,000.00 Ord. No. 17161-09- Routine Airport Maintenance Project Grant for Fort Worth Alliance Airport 2006 from the Texas Department of Transportation Aviation Department; and Accept Routine adopting Appropriation Ordinance No. 17161-09-2006 increasing estimated Airport receipts and appropriations in the Airport Grants Fund in the amount of Management $100,000.00 contingent upon receipt of the Routine Airport Maintenance Project Grant for Project Grant from the Texas Department of Transportation for the purpose of Fort Worth funding routine maintenance items at Fort Worth Alliance Airport. Alliance Airport CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 5 of 24 P-10454 M&C P-10454 - Authorizing non-exclusive purchase agreements for farrier Farrier Service service with the following vendors for the City of Fort Worth based on best value with payment due 30 days after date of invoice; a. Lonnie Miller Horseshoeing - Primary Vendor b. Professional Farrier Service - Secondary Vendor Authorizing these agreements to begin September 19, 2006, and expire September 18, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Government Local Code, Chapter 271.102, "Cooperative Purchasing". P-10455 M&C P-10455 - Authorizing a purchase agreement with Eagle Aggregate Crushed Limestone Transportation, LLC., for crushed limestone and rip rap for the Water and Rip Rap Department based on best value with payment due 30 days from the date of the invoice; and authorizing this agreement to begin September 19, 2006, and expire on September 18, 2007, with options to renew for two additional one- year periods. P-10456 M&C P-10456 - Authorizing the purchase of a respirometer, software, Respirometer, accessories and on-site training from Challenge Technology for the Water Software, Department based on the low bid meeting specifications for an amount not to Accessories and exceed $31,700.00. The delivery, installation and on-site training costs are On-Site Training included with payment due 30 days from the date of the invoice. P-10457 M&C P-10457 - Authorizing a purchase agreement for fleet fuel cards utilizing Fleet Fuel Cards Tarrant County Contract 2006-116 with Barney Holland Oil Company doing business as Fuelman Gascard of D/FW for the Equipment Services Department based on the Oil Price Information Service Average Price List on Thursdays, plus $0.13 per gallon. Payment is due 30 days from date an invoice is received; and authorizing this agreement to begin September 19, 2006, and expire September 18, 2007, with options to renew for three additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 6 of 24 C-21682 M&C C-21682 - Authorizing the City Manager to execute an amendment to Ord. No. 17162-09- City Secretary Contract No. 33235 with the Texas Department of State Health 2006 Services for FY 2006-2007 Bio-Chem program increasing the existing contract Amendment to from $2,500.00 to $7,500.00 and extend the contract period through August 31, CSC No. 33235 - 2007; and adopting Appropriation Ordinance No. 17162-09-2006 increasing Texas Department estimated receipts and appropriations in the Grants Fund in the amount of of State Health $5,000.00 subject to receipt of an executed amendment to City Secretary Services Contract No. 33235 with the Texas Department of State Health Services for the purposes of funding the Chemical Emergency project. C-21684 M&C C-21684 - Authorizing: Ord. No. 17163-09- 2006 1. The City Manager to accept a grant of$69,204.00 from the Fort Worth Fort Worth Housing Authority (FWHA) for providing housing counseling and Housing Authority homeownership training and related services to its Housing Choice Voucher Homeownership Program (HCVHP) from May 11, 2006, to May 10, 2007; 2. Execution of a contract with the FWHA for $36,740.00 to provide housing counseling, homeownership training and related services to the FWHA's HCVHP for the period October 1, 2006, to May 10, 2007; 3. The City Manager to amend, extend, or renew this contract in accordance with City of Fort Worth policies and regulations upon mutual agreement with the FWHA; and 4. Adoption of Appropriation Ordinance No. 17163-09-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of$69,204.00 from available funds for the purpose of funding the Fort Worth Housing Authority's Housing Choice Voucher Homeownership Program. C-21685 M&C C-21685 - Authorizing the City Manager to execute a Discretionary TXU Electric Service Agreement with TXU Electric Delivery Company to relocate overhead Delivery Company electric lines at the old Harley Avenue Service Center for the construction of a new parking lot to serve the Will Rogers Complex at an estimated cost to the city of$40,596.07. C-21686 M&C C-21686 - Authorizing the City Manager to execute a contract with Stanfield Stanfield Enterprises, Inc., in the amount of$227,351.50 for the installation of Enterprises, Inc. two traffic signals at the intersections of Crowley Road (FM 731)/Crowley- Cleburne Road North and Riverside Drive/Vickery Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 7 of 24 C-21687 M&C C-21687 - Authorizing: Ord. No. 17164-09- 2006 1. Adoption of Appropriation Ordinance No. 17164-09-2006 increasing Ord. No. 17165-09- appropriations in the Culture and Tourism Fund in the amount of 2006 $44,360.00 and decreasing the unreserved, undesignated fund balance Change Order No. by the same amount, for the purpose of transferring said funds to the 1 to CSC No. 33665 Specially Funded Capital Projects Fund to execute Change Order No. - Tri-Tech 1 to City Secretary Contract No. 33665 with Tri-Tech Construction, Construction, Inc. Inc.; 2. Transfer of $44,360.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adoption of Appropriation Ordinance No. 17165-09-2006 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $44,360.00 from available funds for the purpose of executing Change Order No. 1 to City Secretary Contract No. 33665 with Tri-Tech Construction, Inc.; and 4. The City Manager to execute Change Order No. 1 to City Secretary Contract No. 33665 with Tri-Tech Construction, Inc., in the amount of $44,360.00 for increased and additional pay item quantities, thereby increasing the contract amount to $439,785.00. C-21688 M&C C-21688 - Authorizing approval of an underground license agreement Holly Theressa for a septic drain-field with Holly Theressa Blankenship for City owned Lake Blankenship Worth property located adjacent to the property located at 9408 Watercress Drive, Lot 31, Block 20, for a term of five years commencing on February 1, 2006, and ending on January 31, 2011, with a one time option to extend the lease for another five year term for an annual rate of $280.00. The February start date allows synchronization with the annual billing cycle. C-21689 M&C C-21689 - Authorizing the transfer of $471,498.86 from the Water and Ord. No. 17166-09- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 2006 $219,227.00 and Sewer Capital Projects Fund in the amount of $252,271.16; Gilco Contracting, adopting Appropriation Ordinance No. 17166-09-2006 increasing estimated Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $219,227.70 and the Sewer Capital Projects Fund in the amount of $252,271.16 from available funds for the purpose of executing a contract with Gilco Contracting, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Mesquite Road (Kimbo Road to Chesser Boyer Road), CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 8 of 24 Williams Place (Chesser Boyer Road to Tom Ellen Street) and Wesley Street (Fossil Drive to Cindy Drive); and authorizing the City Manager to execute a contract with Gilco Contracting, Inc., in the amount of $945,941.85 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Mesquite Road (Kimbo Road to Chesser Boyer Road), Williams Place (Chesser Boyer Road to Tom Ellen Street) and Wesley Street (Fossil Drive to Cindy Drive) (Project No. 00160). C-21690 M&C C-21690 - Authorizing the transfer of $159,166.46 from the Water and Ord. No. 17167-09- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 2006 $89,608.16 and Sewer Capital Projects Fund in the amount of $69,558.70; APM& Associates, adopting Appropriation Ordinance No. 17167-09-2006 increasing estimated Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $89,608.16 and the Sewer Capital Projects Fund in the amount of $69,558.30 from available funds for the purpose of executing an Engineering Agreement with APM & Associates, Inc., for Water and Sanitary Sewer Replacement Contract 2005, WSM-J; and authorizing the City Manager to execute an Engineering Agreement with APM & Associates, Inc., in the amount of $135,047.00 for Water and Sanitary Sewer Replacement Contract 2005, WSM- J(City Project No. 00398). C-21691 M&C C-21691 - Authorizing the City Manager to execute a contract Amendment to amendment to City Secretary Contract No. 32526 for $126,616.00 with United CSC No. 32526- Community Centers, Inc., to extend the term of the agreement to FY 2006- United Community 2007 to continue operation of the Safe Haven Program at the Bethlehem Center, Inc. Community Center. C-21692 M&C C-21692 - Authorizing the City Manager to execute a contract Amendment to amendment to City Secretary Contract No. 32699 with Tarrant County to CSC No. 32699 - extend the term of the agreement to FY 2006-2007 to provide crime lab Tarrant County services on a fee-for-service basis. C-21693 M&C C-21693 - Authorizing the City Manager to execute a contract Amendment to amendment to City Secretary Contract No. 32518 for $262,810.00 with the CSC No. 32518 - Boys and Girls Clubs of Greater Fort Worth to extend the term of the Boys and Girls agreement to FY 2006-2007 to continue operation of the Safe Haven Program Clubs of Greater at Polytechnic Martin Boys and Girls Club and Kirkpatrick Middle School. Fort Worth CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 9 of 24 C-21694 M&C C-21694 - Authorizing the City Manager to execute contracts with the Fort Worth, Fort Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, Everman Keller, Crowley, and Lake Worth Independent School Districts and the Lena Pope Home to Eagle operate the School Security Initiative. Mountain/Saginaw, Northwest, Everman and Lake Worth Independent School Districts and Lena Pope Home C-21695 M&C C-21695 - Authorizing the City Manager to execute a renewal of the Fort Worth Interlocal Agreement with the Fort Worth Independent School District Independent (FWISD) for the City to provide a School Attendance Court to adjudicate School District FWISD truancy cases; and authorizing the City Manager to accept reimbursement from the FWISD in the amount of $621,630.00 for all personnel and other costs associated with operation of the School Attendance Court in FY 2006-2007. C-21696 M&C C-21696 - Authorizing the City Manager to execute a five year lease Extension of CSC extension of City Secretary Contract No. 12261 with Clarence J. Sury for lease No. 12261 - site 13-5 at Fort Worth Meacham International Airport. Clarence J. Sury C-21697 M&C C-21697 - Authorizing the City Manager to execute a written Consent to Meacham Deed of Trust Lien by Meacham Development, LLC, in favor of GE Development, LLC Commercial Finance Business Property Corporation for Lease Sites 5-N, 6-N, 7-N, 8-N, 9-N and 10-N at Fort Worth Meacham International Airport. C-21698 M&C C-21698 - Authorizing the City Manager to execute Amendment No. 1 Amendment No. 1 with Camp Dresser& McKee, Inc., City Secretary Contract No. 28008, for the to CSC No. 28008 - construction management of the Village Creek Wastewater Treatment Plant Camp Dresser & High Flow Treatment Facilities, increasing the total contract cost by McKee, Inc. $293,572.00 from $1,807,131.00 to $2,100,703.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 10 of 24 C-21699 M&C C-21699 - Authorizing the City Manager to accept an amended grant Ord. No. 17168-06- award from the Texas State Library and Archives Commission and the U.S. 2006 Department of Education for the Library Department's Interlibrary Loan Texas State Program in the amount of $303,120.00, increasing the original authorized Library and amount by $1,111.00 (M&C C-20742); adopting Appropriation Ordinance No. Archives 17168-09-2006 increasing estimated receipts and appropriations in the Grants Commission and Fund in the amount of$1,111.00, subject to receipt of the amended grant from U.S. Department of the U.S. Department of Education and the Texas State Library and Archives Education Commission, for the purpose of funding the Interlibrary Loan Program; and adopting the indirect costs using the most recently approved rate of 21.73 percent for the Library Department. The motion carried. End of Consent Agenda. Agenda Item X Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Ms. Evonia Daniels be appointed to Place 4 on the Fort Worth City Council Commission for Women effective September 19, 2006, and with a term Appointments expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. 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-15401 There was presented Mayor and Council Communication No. G-15401 from Financial the City Manager recommending that the City Council adopt the Financial Management Management Policy Statements FY 2006-2007, which include the City's Policy Statements investment policy and investment strategy. FY 2006-2007 Council Member Jordan stated that he asked the City Manager to withdraw this item from the Consent Agenda as it was probably one of the most important documents that the City used as it outlined very sound policy that was followed by the Council. He added that it was a document that should be maintained at all times because it was the bible on how to finance the City. He further stated that while using this document in the next few weeks, the Council needed to have a very detailed discussion about coming up with a comprehensive plan for the City's financial well being. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 11 of 24 Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15401 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15404 There was presented Mayor and Council Communication No. G-15404 from Ord. No. 17169-09- the City Manager recommending that the City Council authorize the City 2006 Manager to accept a monetary donation of$35,250.00 to fund the procurement Accept Donation to of a polarized light microscope, intoxilizer unit, and a Sky Watch unit; and Purchase adopt an appropriation ordinance increasing estimated receipts and Equipment for appropriations in the Special Trust Fund in the amount of $35,250.00 as Police Department donations are received, for the purpose of funding the procurement of a polarized light microscope, intoxilizer unit, and a Sky Watch unit for the Police Department. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15404 be approved and Appropriation Ordinance No. 17169-09-2006 be adopted, with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15405 There was presented Mayor and Council Communication No. G-15405 from Ord. No. 17170- the City Manager recommending that the City Council authorize the transfer of 2006 $830,000.00 from the FY 2005-2006 Water and Sewer Operating Fund to the Transfer FY 2005- Specially Funded Capital Projects Fund for the Water Department contribution 2006 Water and to public art funding; and adopt an appropriation ordinance increasing Sewer Operating estimated receipts and appropriations in the Specially Funded Capital Projects Funds for Fort Fund in the amount of $830,000.00 from available funds for the purpose of Worth Public Art funding the Fort Worth Public Art Program. Program Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15405 be approved and Appropriation Ordinance No. 17170-09-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. L-14245 There was presented Mayor and Council Communication No. L-14245 from Acquire Property the City Manager recommending that the City Council authorize the payment for Right-of-Way of $57,400.00 to Radiology Associates of Tarrant County, P.A., a Texas for Southwest Professional Association, for portion of a vacant tract on Oakmont Boulevard Parkway to acquire real property for right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and associated closing costs estimated to be $1,147.00; and authorize the appropriate City representatives to execute the documents CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 12 of 24 necessary to complete the purchase located at Oakmont Boulevard, Fort Worth, Texas, Parcel 100, described as a 0.146 acre tract of land in the J.F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14245 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14246 There was presented Mayor and Council Communication No. L-14246 from Sale of City-Owned the City Manager recommending that the City Council approve the sale of two Property for City-owned parcels of property described as a 0.78 acre tract of land located in Southwest a portion of Lot 27, Block 12, Crawford Addition of the City of Fort Worth, Parkway Project Tarrant County, Texas, and a 1.713 acre tract of land located in a portion of Block 32 and 33 of Edwards Heirs Addition, and a portion of Cooper Street that was vacated by Ordinance No. 2970, to the State of Texas (Texas Department of Transportation) for the construction of the Southwest Parkway Project (S.H. 121) (DOE 3777); and authorize the City Manager to execute the appropriate deed conveying the property. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. L-14246 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14247 There was presented Mayor and Council Communication No. L-14247 from Acquire Property the City Manager recommending that the City Council authorize the payment for Right-of-Way of $300,000.00 to John Patrick Heptig, as Trustee of the Mary W. Heptig for Southwest Management Trust, as amended and restated by Agreement dated January 10, Parkway 2005, to acquire real property for right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and estimated closing costs of $2,750.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4401-4409 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 86, described as 0.722 acre, more or less, being a remainder of Lots 6, 7, 8 and 9, Block 1 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14247 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 13 of 24 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14248 authorize conversion of parkland at Greenway Park for the purpose of Convert Greenway subsurface drilling and the extraction of natural gas from an off-site location. Park for Mayor Moncrief opened the public hearing and asked if there was anyone Subsurface Drilling present desiring to be heard. and Extraction of Natural Gas Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14248, as follows: There was presented Mayor and Council Communication No. L-14248 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 18.04 acres of land situated in Greenway Park, located in the John Little Survey, and being a portion of Abstract No. 958, Tract 54 and 54A, Abstract No. 945, Tract 1H, John Little Survey, Tarrant County, Texas. 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 Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14248 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today and the date for a public hearing to L-14249 authorize conversion of parkland at Harmon Field Park for the purpose of Continued Until subsurface drilling and extraction of natural gas from an offsite location. October 24, 2006 Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14249, as follows: There was presented Mayor and Council Communication No. L-14249 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 14 of 24 feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 97.5 acres of parkland situated in Harmon Field Park, located in the B.F. Crowley Survey, Tarrant County, Texas. Mayor Pro tem Hicks advised that members of the District 8 community had expressed concerns with gas drilling at Harmon Field Park and at Delga Park. She stated that she would continue these items until October 24, 2006, to allow her to meet with the neighborhoods and address their concerns. There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14249 be continued until the October 24, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today and the date for a public hearing to L-14250 authorize conversion of parkland at Delga Park for the purpose of subsurface Continued Until drilling and extraction of natural gas from an offsite location. October 24, 2006 Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14250, as follows: There was presented Mayor and Council Communication No. L-14250 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 4.06 acres of parkland situated in Delga Park, located in the Greenway Place Addition, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 15 of 24 There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14250 be continued until October 24, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today and the date for a public hearing to L-14251 authorize conversion of parkland at Trail Drivers Park for the purpose of Convert Trail subsurface drilling and extraction of natural gas from an offsite location. Drivers Park for Subsurface Drilling Mr. Harold Pitchford, Acting Assistant Director, Parks and Community and Extraction of Services Department, appeared before Council, gave a staff report and called Natural Gas attention to Mayor and Council Communication No. L-14251, as follows: There was presented Mayor and Council Communication No. L-14251 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 3 9.61 acres of parkland situated in Trail Drivers Park, located in the Diamond Hills Addition, Tarrant County, Texas. There being no one else present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. L-14251 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21646 Corrected There was presented Mayor and Council Communication No. C-21646 Ord. No. 17171-09- Corrected from the City Manager recommending that the City Council adopt a 2006 supplemental appropriation ordinance increasing appropriations in the General Johnson Controls, Fund in the amount of $2,300,000.00 and decreasing the unreserved, Inc. undesignated fund balance by the same amount, for the purpose of executing a contract with Johnson Controls, Inc., to provide equipment supply, installation and commissioning services for the replacement of heating, ventilating and air- conditioning systems at the Fort Worth Community Arts Center; and authorize the City Manager to execute a contract in the amount of $2,046,579.00 with CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 16 of 24 Johnson Controls, Inc., through the Texas Multiple Award Schedule program, to provide equipment supply, installation and commissioning services for the necessary replacement of existing heating, ventilating and air-conditioning systems at the Fort Worth Community Arts Center. Council Member Burdette advised that this item was previously adopted and approved by the Council and that it was being corrected to change the name of the contractor. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21646 Corrected be approved and Supplemental Appropriation Ordinance No. 17171-09-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21683 There was presented Mayor and Council Communication No. C-21683 from Arts Council of the City Manager recommending that the City Council authorize the City Fort Worth and Manager to renew a professional services agreement with the Arts Council of Tarrant County Fort Worth and Tarrant County, in the amount of $360,633.00, for FY 2006- 2007 management of the Fort Worth Public Art Program for a period of one year. Council Member Wheatfall stated that the District 5 community was concerned with the Public Art Program at the Fort Worth Animal Control Center. He encouraged the committee to go back to the Stop 6 Sunrise Addition Neighborhood Association to look at modifications to the art. He stated that he looked the proposed art which was pretty much a brick wall and that he had concerns with what was proposed for the Animal Control Center. Council Member Silcox expressed concern with the Public Arts Council asking for an additional $87,000.00 over the 2 percent of$650,000.00 or $13,000.00. He stated that the Art Program would be a total of $100,000.00 for a $600,000.00 project which he thought was excessive. Ms. Martha Peters, Public Art Director, Arts Council of Fort Worth and Tarrant County, stated that Alice Bateman, the artist selected for the Animal Care and Control Center, presented a possible preliminary proposal to the Art Commission last night and she would share that proposal with the Animal Advisory Board on September 21, 2006. She added that a budget was being worked on and would hopefully address the issues raised by Council Member Silcox. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 17 of 24 Mayor Pro tem Hicks stated that she shared Council Member Wheatfall's concerns involving the community and Council Member in the process. She asked how it was decided by the commission or was the community involved. Ms. Peters stated that the community and the Council Member of the district for the proposed art would be involved in any artist selection process. Mayor Pro tem Hicks asked how Ms. Peters would involve the adjacent neighborhood in the process. Ms. Peters stated that the commission would want the neighborhood to be involved in any design review of the project. She added that for the Nashville project the commission hoped to have an artist do some collaboration with the architect and then come up with a design to present to the community for input. Council Member Burdette stated that District 7 had already gone through this process of having community input and participation to select an artist. He added that the District 7 community decided to take the money that was allocated and put it into one single piece of art. He said the process worked and the project would be completed sometime next year. Council Member Espino stated that he had worked very closely with Ms. Peters and that she had typically asked for community representatives. He advised the Council of the process in District 2 and stated that it was a matter of getting together with Ms. Peters, Fort Worth Public Art and community representatives to get the word out to the neighborhoods. Council Member Jordan stated while all these issues were relevant, the question before Council was the management contract or funding of the Arts Council. He added that the issues raised were individual issues that respective Council Members could take up with the Arts Council. He further stated that the question at hand was the funding of the relationship between the Council and Arts Council. He called for the question, seconded by Council Member Burdette. The call for the question carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Espino that Mayor and Council Communication No. C-21683 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 18 of 24 C-21700 There was presented Mayor and Council Communication No. C-21700 from Harmony Realty, the City Manager recommending that the City Council authorize the City Ltd., a Texas Manager to execute an option agreement with Harmony Realty, Ltd., to sell Limited property located at the southeast corner of Lancaster Avenue and Main Street Partnership in accordance with Chapter 272 of the Texas Local Government Code; and authorize the City Manager to execute an appropriate deed conveying the property to Harmony Realty, Ltd., a Texas Limited Partnership and record the deed, if the terms of the option agreement are satisfied. Mayor Pro tem Hicks inquired if the property was being sold at the original price. Mr. Tom Higgins, Economic and Community Development Department Director, stated that the property would be acquired at the appraised value which was essentially equal to what the City paid the Texas Department of Transportation for this property a number of months ago. He explained that the potential purchase of the property would require that the developer submit zoning that would go before the Council which would include a Planned Development/Specific Use provision and a site plan attached for the property. He added that the Council would have a number of opportunities to review the plans for the property and then ultimately make the decision on whether or not to sell the property. He advised that staff expected this issue to be a 12 to 18 month process. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21700 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special 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 August 23, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-04-208R Council Member Espino asked staff if this was a correction to a case Approved previously approved. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 19 of 24 Mr. John Garfield, Development Services Administrator, stated that this case was a correction. He explained that all the maps and information previously provided to the City Zoning Commission and then presented to the Council indicated that this property would be "C" Multi-Family. He added however, that the resolution and ordinance adopted did not reflect this property as multi- family but single family and this action would correct that error. Council Member Espino made a motion, seconded by Council Member Burdette, that the application of the City of Fort Worth for a change in zoning of property located in the 9500 block of Harmon Road from "A-5" One-Family Residential to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-04-208R, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-211 Council Member Silcox made a motion, seconded by Council Member Approved Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located in the 3600 through 3800 block of Encanto Drive and 3400 through 3725 block of Autumn Drive from "A-5" One-Family Resiential to (Area 1) "A-10" One-Family Residential and (Area 2) "A-21" One-Family Residential, Zoning Docket No. ZC-06-211, be approved with the following amendments: AREA I ADDRESS FROM TO 3501 Autumn Drive A-5 A-21 3417 Autumn Court A-5 A-21 3504 Autumn Drive A-5 A-21 3600 Autumn Drive A-5 A-21 3704 Autumn Drive A-5 A-21 3 512 Autumn Drive A-5 A-21 3708 Autumn Drive A-5 A-21 3500 Autumn Drive A-5 A-21 3416 Autumn Drive A-5 A-21 3700 Autumn Drive A-5 A-21 3604 Autumn Drive A-5 A-21 3412 Autumn Drive A-5 A-21 3508 Autumn Drive A-5 A-21 3401 Autumn Court A-5 A-21 3409 Autumn Court A-5 A-21 3400 Autumn Drive A-5 A-21 3408 Autumn Drive A-5 A-21 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 20 of 24 3712 Autumn Drive A-5 A-43 3724 Autumn Drive A-5 A-43 3716 Autumn Drive A-5 A-43 3404 Autumn Drive A-5 A-43 3405 Autumn Court A-5 A-43 3720 Autumn Drive A-5 A-43 3725 Autumn Drive A-5 A-43 AREA II 3655 Encanto Drive A-5 A-43 3647 Encanto Drive A-5 A-43 3639 Encanto Drive A-5 A-43 3695 Encanto Drive A-5 A-43 3801 Encanto Drive A-5 A-43 3683 Encanto Drive A-5 A-43 3663 Encanto Drive A-5 A-43 3691 Encanto Drive A-5 A-43 3623 Encanto Drive A-5 A-43 3631 Encanto Drive A-5 A-43 3687 Encanto Drive A-5 A-43 The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-206 Mr. Ross B. Calhoun, 3901 W. Airport Freeway, Suite 200, Bedford, Texas, Continued Until representing Centurion Development Group, appeared before Council in October 3,2006 opposition of the denial. He stated that the company owned the property and Ross Calhoun was trying to develop the inner city, specifically the area that surrounded the Sun Valley neighborhood. He stated that the company was asking that they be allowed to place single family residential homes on this site. He added that staff was concerned that the company would place 25 foot width lots on the site but that they had a plat that had been approved for 40 foot lots. He further stated that if the size of lots was a concern, the Council could include a Planned Development provision and requested the Council's favorable consideration. He added they were putting $100,000,000.00 on the City's tax rolls and construct 1,400 square foot homes at an average cost of$125,000.00 Jill Rankin Mayor Moncrief recognized Ms. Jill Rankin, 777 Main Street, representing Carter & Burgess, who was present in opposition of the denial. Ms. Rankin advised the Mayor she would address the Council if there were any questions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 21 of 24 Council Member Wheatfall stated that Mr. Calhoun had done an excellent job on Spring Valley in terms of the first subdivision. He expressed concern with the proposed minimum 2,500 square foot lots and the level of potential density. He added that he did not want to have a product that was not sustainable and wanted to meet with Mr. Calhoun to discuss drainage issues, concerns of the community and City Zoning Commission and the end product of the subdivision. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, that the application of Waterview Estates North, L.P., for a change in zoning of property located in the 5100 through 5200 block of East Loop 820 South from "MH" Manufactured Housing to "R-1" Zero Lot Line/Cluster Residential, Zoning Docket No. ZC-06-206, be continued until the October 3, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 Wheatfall made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17172-09-2006 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 nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 22 of 24 Item XV Minister Lee Muhammad, 1431 Evans Avenue, representing Muhammad Citizen Mosque No. 52, appeared before Council relative to solicitation of donations Presentations for his organization's newspaper. He advised the Council of an incident on Lee Muhammad September 9, 2006, where he and another associate were approached by a Police Officer while on Evans at Allen and informed that they could not solicit donations per direction of the Council. He added that the Police Officer referred them to the Council, Mayor Pro tem Hicks, or the City Manager to resolve this issue. He further stated his ministry was trying to provide assistance to the community. Mayor Pro tem Hicks stated that she was very concerned to hear this allegation and stated that she was very appreciative of the work Minister Muhammad did for the southeast Fort Worth community. She added she was also very concerned that the Police Officer would evoke the Council's name and her name in this situation and stated that she would meet with Assistant City Manager Joe Paniagua to discuss this issue. Council Member Wheatfall stated that he was very supportive of Minister Muhammad's organization's work in the community. He added that he knew individuals who had been ex-offenders or ex-drug users who had been reformed and that the organization always had a presence of responsible behavior and had worked very diligently in District 5 in terms of dealing with drug houses. He extended his support of the organization and wanted to find a meaningful way for them to continue to solicit donations. City Manager Boswell apologized to the Council and Mayor Pro tem Hicks for a Police Officer referring an issue to the Council. He stated that it was not appropriate for any City employee to refer an issue to the Council and that he would address this issue with the department. Mayor Moncrief added that what took place was not appropriate and that the ordinance was the product of the Council. He stated that if the ordinance needed to be reviewed to assess its merit then it would be reviewed. He added that at the same time, Police Officers were asked to enforce the ordinances that were passed and if there were unintended consequences of this ordinance then it would be evaluated. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2006 PAGE 23 of 24 Agenda Item XVI It was the consensus of the City Council that they recess into Executive Executive Session Session at 10:58 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning fire mutual aid contracts; b) Legal issues concerning the regulation of gas drilling; c) Legal issues concerning the Wright Amendment and D/FW International Airport; 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. (Note: The only item discussed was: c) Legal issues concerning the Wright Amendment and D/FW International Airport) Reconvened into The City Council reconvened into Pre-Council session at 11:25 a.m. to Pre-Council complete the remaining agenda items as follows: 5. Update on Crime Trends in Fort Worth; 6. Recommendations on Boards and Commissions Process; and 7. Fiscal Impact Analysis and Timetable on NS Creed Survey City Initiated Annexation (AX-06-002, 107.4 acres) and Crawford Tract City Initiated Annexation (AX-06-003, 4.5 acres); and 8. City Council Requests for Future Agenda Items and/or Reports. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 19,2006 PAGE 24 of 24 Adjourned/ The City Council adjourned the Pre-Council session at 1:15 p.m. and Reconvened reconvened into Executive Session at 1:15 p.m. to complete the remaining agenda items as follows: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the fire mutual aid contracts; b) Legal issues concerning the regulation of gas drilling; d) Legal issues concerning any item listed on today's City Council meeting agenda; 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 2:25 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 2:25 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 26th day of September, 2006. Attest: Approved: � Ma Hendrix Michae . ncri City Secretary Mayo