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HomeMy WebLinkAbout2006/12/19-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 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 Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Absent Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Wendy Davis, District 9 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 10:15 a.m. on Tuesday, December 19, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Mayor Moncrief requested a moment of silent prayer be observed in memory of Police Officer Dwayne Freeto. Agenda Item H The invocation was given by Pastor Bud Beverly, Saint Paul Lutheran Church. Invocation 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 December 12, 2006, were Minutes approved unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. Agenda Item V There were no Special Presentations. Special Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 2 of 34 Agenda Item VI Council Member Silcox stated that this was the last City Council meeting for Announcements the year and wished everyone a"Merry Christmas". Mayor Pro tem Hicks expressed appreciation to Charity Church on Riverside & Rosedale and special thanks to Bishop Baines. She stated that they helped 20,000 to 30,000 people by donating coats and shoes, toys, and bikes for Christmas. She stated that they gave over one million dollars in merchandise. She also stated that the Mayor's grandson was also out volunteering. Council Member Espino expressed appreciation to the attorneys from Harris, Finley, and Vogle who provided pro bono legal work last week at the North Tri Ethnic Community Center, as well as Assistant Attorney Sarah Fullenwider, and the Development and Engineering Department's staff for the opportunity of the citizens to meet with the Attorneys to consider the legal effects of the oil and gas leases. City Manager Boswell stated that the City Manager's Christmas party was a huge success last Wednesday. He advised Council that a record was set for toy donations, and that the total raised was $3,800.00, which was matched by Santa Claus for a grand total of $7,600.00 to help under privileged children in the community. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-21904 and G-15536 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ L-14266 be withdrawn from consideration and that Mayor and Council Withdrawn By Communication No. G-15536 be continued until January 9, 2007. Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1589 M&C OCS-1589 - 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 DECEMBER 19, 2006 PAGE 3 of 34 G-15529 M&C G-15529 - Authorizing the City Manager to transfer $250,000.00 from Ord. No. 17317- the Specially Funded Capital Projects Fund to the Risk Management Fund; and 12-2006 adopting Appropriation Ordinance No. 17317-12-2006 increasing estimated Transfer Revenue receipts and appropriations in the Risk Management Fund in the amount of from Specially $250,000.00 from a refund from the Specially Funded Capital Projects Fund. Funded Capital Projects Fund to Risk Management Fund G-15530 M&C G-15530 - Authorizing the continuation of the Military Pay Supplement Continue Military Benefit and Military Leave Fund Policy until December 31, 2007. Pay Supplement Benefit and Military Leave Fund Policy G-15531 M&C G-15531 - Authorizing an increase to the over-the-street banner fee from Increase Over-the- $100.00 per location to $200.00 per location; and authorizing the relocation of Street Banner Fee the Banner Zone from the 400 block of West 7th Street to the intersection of and Relocation of West 7th Street and Florence Street. Banner Zone G-15532 M&C G-15532 - Authorizing the temporary closure of Haslet-Roanoke Road Temporary between High Mesa Road and Ridgetop Court from December 12, 2006, to Closure of Haslet- March 3, 2007. Roanoke Road G-15533 M&C G-15533 - Declaring the necessity of taking the commercial property at Condemn Vacant 2900 Decatur, Morgan Heights Subdivision, the North 70 feet of Block O, City Commercial of Fort Worth, Tarrant County, Texas, owned by Raul Santibanez, Jr., a Minor Property at 2900 (DOE 4623); and authorizing the City Attorney to institute condemnation Decatur proceedings to acquire the interest in the land. G-15534 M&C G-15534 - Declaring that negotiations between the City and the Condemn landowner, Raul Naj era, have failed; declaring the necessity of taking the Improved commercial property at 821 Beach Street, Sycamore Heights Addition, Block 4, Commercial Lots 4B2 and 4F 1, City of Fort Worth, Tarrant County, Texas (DOE 4818); and Property at 821 authorizing the City Attorney to institute condemnation proceedings to acquire Beach Street the interest in the land. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 4 of 34 G-15535 M&C G-15535 - Authorizing the City Manager to advertise, receive and Advertise, Receive consider bids for the purpose of subsurface drilling and extraction of natural gas and Consider Bids on City-owned property known as Harmon Field Park. for Purpose of Subsurface Drilling and Extraction of Natural Gas G-15537 M&C G-15537 - Considering and adopting the findings and opinions of the Ord. No. 17318- City staff as presented herein; and adopting Ordinance No. 17318-12-2006 to 12-2006 revoke the privilege granted to Jet-Taxi, Inc., to use the streets, alleys and Revoke Grant of public thoroughfares of the City of Fort Worth for failure to maintain in force a Privilege to Jet- certificate of liability insurance coverage for vehicles for hire in accordance Taxi, Inc., for with Article VI, Chapter 34, Section 220 of the Code of the City of Fort Worth Non-Compliance (1986), as amended. with Article VI, Chapter 34, Section 220 of the City Code G-15538 M&C G-15538 - Adopting the Capital Improvements Citizen Advisory Adopt Semi- Committee's Semi-Annual Progress Report concerning the status of the Water Annual Impact and Wastewater Impact Fees. Fees Progress Report of Water and Wastewater Capital Improvements Plan P-10502 M&C P-10502 - Authorizing the purchase of equipment and the transfer and Equipment and update of the Human Resources Training Center with J& S Audio Visual, Inc., Transfer and for the Human Resources Department based on sole bid received for a cost not Update of Human to exceed $31,814.00. Resources Training Center P-10503 M&C P-10503 - Authorizing a purchase agreement for Pavement Marking Pavement Services with Texas Highway Markings, LLC, for the Transportation/Public Marking Services Works Department based on sole bid received with payment due 30 days after CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 5 of 34 receipt of invoice; authorizing this agreement to begin December 19, 2006, and expire December 18, 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 Local Government Code, Chapter 271, Section 201, "Cooperative Purchasing Program". P-10504 M&C P-10504 - Authorizing the sole source purchase of a Logos Digital Logos Digital Imaging System from Logos Imaging LLC, for the Fire Department for Imaging System $48,834.00 with payment terms allowing a two percent discount if paid within 10 days, net due 30 days after receipt of invoice. P-10505 M&C P-10505 - Authorizing non-exclusive purchase agreements for bulk Bulk Liquid liquid chlorine with Altivia Corporation and DPC Industries for the Water Chlorine Department based on best value with freight included in the unit prices and payments are due 30 days after receipt of invoice; and authorizing these agreements to begin December 21, 2006, and expire December 20, 2007, with options to renew for two additional one-year periods. P-10506 M&C P-10506 - Authorizing a purchase agreement with Vigilar, Inc., for Network network equipment, maintenance support, professional services and training for Equipment, the Information Technology Solutions Department using General Maintenance Administration Contract number GS-35F-0037P; authorizing payment for all Support, services for an amount not to exceed $90,578.00 with payments due 30 days Professional after receipt of invoice; and authorizing the purchase and maintenance support Services and agreement to begin December 19, 2006, and expire December 18, 2007, with Training options to renew for two additional one-year periods. P-10507 M&C P-10507 - Authorizing a sole source purchase of an upgrade to the Sigma Upgrade to Sigma Communications Reverse 911 system for the Emergency Management Office Communications with Sigma Communications for a cost not to exceed $30,200.00 with payment Reverse 911 due 30 days after receipt of invoice. System P-10508 M&C P-10508 - Authorizing the City Manager to execute a sole source Motomesh purchase agreement for Motomesh Broadband Communications System Pilot Broadband Project from Motorola, Inc., for the Information Technology Solutions Communications Department at a cost not to exceed $450,000.00 with payment due 30 days after System Pilot receipt of invoice in accordance with the agreed upon terms. Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 6 of 34 P-10509 M&C P-10509 - Authorizing purchase agreements for printing of the "City Printing of City Page" with Fort Worth Star Telegram, La Vida News - The Black Voice, and Page for FY 2006- Diario La Estrella based on best value with payment due 30 days after receipt 2007 of invoice; and authorizing these agreements to begin December 19, 2006, and expire December 18, 2007. L-14267 M&C L-14267 - Authorizing the direct sale of a tax-foreclosed parcel described Sale of Tax as Lot 98, Block A-5, Oakland Addition, located at 4513 Wichita Street in Foreclosed accordance with Section 34.05 of the Texas State Property Tax Code to Curtis Property Mason, Jr., d/b/a Tri-State Sports Entertainment, Inc. (DOE 920), for the amount of$19,585.32; and authorizing the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. L-14268 M&C L-14268 - Approving the direct sale of two tax foreclosed properties Sale of Tax described as Abstract No. 1440, Tract 3132, William C. Smith Survey, located at Foreclosed 0 Broadleaf Drive, and Abstract No. 795, Tract 1C, JW Haynes Survey, located Properties at 405 Academy Boulevard in west Fort Worth in accordance with Section 34.05 of the Texas State Property Tax Code to the City of Fort Worth for a total amount of$26,300.36; dedicating the property as park land; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. L-14269 M&C L-14269 - Authorizing the acquisition of two vacant residential lots Acquire Vacant described as Lots 30 and 31, save and except 2,000 square feet in Lot 31, Block Residential Lots 5, Diamond Hill Addition, located at 1509 and 1511 Irion, in conjunction with for Drainage the drainage improvements to Lebow Channel (DOE 4623, Project 0084); Improvements to finding that the price offered in the amount of $22,500.00, plus an estimated Lebow Channel closing cost of$3,000.00, is just compensation; authorizing the acceptance and recording of appropriate instruments; and releasing up to $2,000.00 in City weed liens on the properties. L-14270 M&C L-14270 - Authorizing the acquisition of one single-family residence Acquire described as Lot 17, Block 5, Airport Acres Addition, located at 3513 Chestnut Residential Avenue on the west side of Meacham International Airport, Fort Worth, Texas, Property for from Alfonso and Ariana Maltos in conjunction with the Meacham Meacham International Airport Mitigation Program (DOE 5101); finding that the price International offered is just compensation; and authorizing the acceptance and recording of Airport Mitigation appropriate instruments. Program CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 7 of 34 C-21888 M&C C-21888 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC (Texas Gas Services, LLC Midstream Gas Services), that grants Texas Midstream Gas Services a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21889 M&C C-21889 - Authorizing the City Manager to execute a Public Right-of- Energy Transfer Way Use Agreement with Energy Transfer Fuel, LP (Energy Transfer), that Fuel, LP grants Energy Transfer a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21890 M&C C-21890 - Authorizing the City Manager to apply for and accept an Ord. No. 17319- Economic Development Initiative Special Project grant in the amount of 12-2006 $643,500.00 from the U.S. Department of Housing and Urban Development Tarrant Regional (HUD) for the Trinity River Vision Urban Waterfront project; authorizing the Water District City Manager to execute a Grant Agreement with HUD upon award of the grant; adopting Appropriation Ordinance No. 17319-12-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $643,500.00, subject to receipt of the Economic Development Initiative Special Project grant from the U.S. Department of Housing and Urban Development, for the purpose of funding certain land acquisition associated with the Trinity River Vision Urban Waterfront Project; and authorizing the City Manager to execute in Interlocal Agreement with the Tarrant Regional Water District, as the subgrantee, in an amount not to exceed $643,500.00, contingent upon the award and receipt of the grant. C-21891 M&C C-21891 - Authorizing the City Manager to enter into an Encroachment Block 76/81 Agreement with Block 76/81 Partners, L.P., authorizing use of the right-of-way Partners, L.P. for encroachments for the Carnegie Office Building in the 400 block of West 3rd Street for an entrance canopy on 3rd Street, transformer vault in Lamar Street, building cornices around the building, and door swings on 3rd Street. C-21892 M&C C-21892 - Authorizing the City Manager to exercise the third of three AON Consulting, one-year renewal options with AON Consulting, Inc., for group health plan Inc. consulting services for the City during calendar year 2007, for a cost not to exceed $100,000.00. C-21893 M&C C-21893 - Authorizing the City Manager to execute a contract with Resources for Resources for Living (RFL) in an amount not to exceed $90,000.00 for the Living initial term, to enhance the City's Employee Assistance Program based on CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 8 of 34 RFL's demonstrated competence and qualifications to perform the services for an initial term beginning January 1, 2007, and expiring December 31, 2007, with options to renew for three successive one-year periods, subject to appropriation by the City Council of sufficient funds for such periods. C-21894 M&C C-21894 - Authorizing the City Manager to execute a contract, in the Fort Worth amount of $163,134.00, with the Fort Worth Metropolitan Black Chamber of Metropolitan Commerce to assist M/WBE small businesses. Black Chamber of Commerce C-21895 M&C C-21895 - Authorizing the City Manager to extend the consulting SCDP, Inc. services contract with SCDP, Inc., to develop and implement a small contractor development program for the City of Fort Worth for an amount not to exceed $100,000.00; and authorizing the contract to begin October 2, 2006, and expire February 28, 2007. C-21896 M&C C-21896 - Authorizing the City Manager to execute a contract, in the Fort Worth amount of $182,710.00, with the Fort Worth Hispanic Chamber of Commerce Hispanic Chamber to assist with M/WBE small business. of Commerce C-21897 M&C C-21897 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to Contract No. 33347 with Johnson Controls, Inc., in the amount of 1 to CSC No. $68,000.00, to remove and replace the deteriorated insulation on the hot water 33347 - Johnson and refrigerant piping; and replace two elbows and offset transitions at the Will Controls, Inc. Rogers Memorial Center. C-21898 M&C C-21898 - Authorizing the City Manager to execute Change Order No. 3 Change Order No. to the construction contract with Joe R. Jones Construction, Inc., in the amount 3 to Construction of $29,688.00 to replace the Precision Approach Path Indicator lights for the Contract- Joe R. Air Traffic Control Tower at Fort Worth Spinks Airport. Jones Construction, Inc. C-21899 M&C C-21899 - Authorizing the City Manager to adopt Resolution No. 3441- Res. No. 3441-12- 12-2006 authorizing the City Manager to execute a Local Project Advance 2006 Funding Agreement (LPAFA) with the Texas Department of Transportation Texas Department (TxDOT) for Voluntary Local Government Contributions to Transportation of Transportation Improvements Projects with No Required Match for three new bridge structures on BU 287P (North Main Street), SH 199 and White Settlement Road over the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 9 of 34 New Bypass Channel near the Trinity River; and authorizing payment in the amount of $45,000.00 to TxDOT for their review of the schematic and environmental documents for the three bridges according to the LPAFA. C-21900 M&C C-21900 - Adopting Appropriation Ordinance No. 17320-12-2006 Ord. No. 17320- increasing estimated receipts and appropriations in the Special Assessments 12-2006 Fund in the amount of $285,031.00 from available funds for the purpose of Ord. No. 17321- transferring said funds to the Street Light and Signal Improvements Fund to 12-2006 address capital needs; authorizing the transfer of$285,031.00 from the Special McClendon Assessments Fund to the Street Light and Signal Improvements Fund for the Construction Co., purpose of addressing capital needs; adopting Appropriation Ordinance No. Inc. 17321-12-2006 increasing estimated receipts and appropriations in the Street Light and Signal Improvements Fund in the amount of $285,031.00 from available funds for the purpose of funding capital needs; and authorizing the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $334,913.50 for pavement construction on Sedona Street from Yuma Street to Dead-End (2004 CIP Project No. 00248). C-21901 M&C C-21901 - Authorizing the City Manager to transfer $869,767.00 from Ord. No. 17322- the Water and Sewer Operating Fund (i) to the Water Capital Projects Fund in 12-2006 the amount of $651,322.00 and (ii) the Sewer Capital Projects Fund in the PAEE amount of$218,445.00; adopting Appropriation Ordinance No. 17322-12-2006 Engineering increasing estimated receipts and appropriations in the Water Capital Projects Company Fund in the amount of$651,322.00 and the Sewer Capital Projects Fund in the amount of $218,445.00 from available funds for the purpose of executing a contract with PAEE Engineering Company for HMAC Surface Overlay 2006- 16 at various locations; and authorizing the City Manager to execute a contract with PAEE Engineering Company in the amount of$790,750.00 for street work related to the H.M.A.C. Surface Overlay 2006-16 project at various locations. C-21902 M&C C-21902 - Authorizing the City Manager to enter into a Pipeline BNSF Railway Crossing Agreement (25 year term) with BNSF Railway Company for an Company encased 24 inch water pipeline crossing located at milepost 346.89 City Project No. 00102 (DOE 4617-06-30678), 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 of Fort Worth will incur all costs for this agreement. C-21903 M&C C-21903 - Authorizing the City Manager to enter into a Pipeline Union Pacific Crossing License Agreement (25 year term) with Union Pacific Railroad Railroad Company for a 12 inch sanitary sewer pipeline located at milepost 236.98 Company (DOE 5144, No. 02395-18), for a one-time cost of $2,202.00. Union Pacific Railroad has accepted the City's certificate of self-insurance. The City will incur all costs associated with this License Agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 10 of 34 The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution supporting the placement of memorial signage Res. No. 3442-12- along the Martin Luther King Freeway in Fort Worth, Texas, in honor of Dr. 2006 Martin Luther King, Jr. Support Placement of Mayor Pro tem Hicks expressed appreciation to Carol Everhart, Maryellen Memorial Signage Hicks, and Elrita Rodgers and the Delta Sigma Theta Sorority for their Along Martin commitment to have the Poly Freeway renamed to Martin Luther King, Jr. Luther King Freeway 25 years ago. She expressed appreciation to Mike Lee at the Fort Freeway Worth Star-Telegram for publicizing their efforts to raise funds for the signs. She further stated that over $10,000.00 was raised in one week's time, with the help of families such as Mayor Moncrief, the Corbit's, Mallick's, Tinsley's, and Congressman Burgess. She also thanked City Manager Boswell, Assistant City Manager Marc Ott, Robert Goode, VickiJo Brozovic, and Mary Bell Sanchez. She announced that January 15, 2007, they would be out hoisting the signs and thanked the entire City Council for their support. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Resolution No. 3442-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. Res. No. 3443-12- There was presented a resolution authorizing the City Manager to seek and 2006 distribute state funds, pursuant to Chapter 398, "Measures to Support Municipal Seek and and County Special Events" of the Local Government Code. Distribute Funds Pursuant to Council Member Silcox made a motion, seconded by Council Member Espino, Chapter 398 of that Resolution No. 3443-12-2006 be adopted. The motion carried Local Government unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Code Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 11 of 34 Mayor Moncrief stated that it was his intention to continue the resolution pledging to Cooperate with Interested Parties in Assessing the Feasibility of Conserving a Portion of the Rock Creek Property Located in the Far Southwest Sector of Fort Worth as a Public Park until after executive session. He stated that there were speakers registered on this item and he informed them that he would like to hear their comments at this time. Jarid Manos Mr. Jarid Manos, Executive Director Great Plains Restoration Council, and son, Kaiden Manos Kaiden Manos, 2812 Chennault, appeared in favor of the resolution and thanked the Council for addressing this issue. He stated that this was a chance for Fort Worth to be a leader for the movement of "No Child Left Inside". Master Manos requested that the City not tear down the prairie. Christopher Mr. Christopher Morris, 2837 6th Avenue, appeared and presented artifacts he Morris had uncovered from the pristine land out by Benbrook. He requested that the City preserve the park. He stated that this area was where John Bostick settled in 1830 to the turn of the century. Continued until It was the consensus of the City Council that the resolution pledging to After Executive cooperate with interested parties in assessing the feasibility of conserving Session certain property as a public park be continued until after executive session. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15536 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15536, Adoption of Ordinance Amending Chapter 34, January 9, 2007 "Vehicles for Hire" Article VI "Ground Transportation for Hire", of the Code of the City of Fort Worth and Adoption of the Fee Schedule for Ground Transportation Services, be continued until the January 9, 2007, Council meeting. G-15539 There was presented Mayor and Council Communication No. G-15539 from Ord. No. 17323- the City Manager recommending that the City Council adopt an ordinance 12-2006 directing publication of notice of intention to issue up to $42,325,000.00 Issue Combination Combination Tax and Limited Surplus Revenue Certificates of Obligation, Tax and Limited Series 2007; and ordaining other matters relating to the subject; approve the Surplus Revenue form of notice marked "Exhibit A" and attached to the ordinance; authorize the Certificates of City Manager to cause said notice to be published in a newspaper of general Obligation, Series circulation in the City of Fort Worth, Texas, for two consecutive weeks, the 2007 date of the first publication to be before the fourteenth day before the day tentatively proposed for authorizing the issuance of the Certificates of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 12 of 34 Obligation as shown in said notice; and ordain that the facilities and improvements to be financed with proceeds from the Certificates of Obligation, Series 2007, are to be used for the purposes described in the Notice of Intention. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15539 be approved and Ordinance No. 17323-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. G-15540 There was presented Mayor and Council Communication No. G-15540 from Ord. No. 17324- the City Manager recommending that the City Council adopt an ordinance 12-2006 directing publication of notice of intention to issue up to $23,000,000.00 Issue Combination Combination Tax and Parking Revenue Certificates of Obligation, Series 2007; Tax and Parking and ordaining other matters relating to the subject; approve the form of notice Revenue marked "Exhibit A" and attached to the ordinance; authorize the City Manager Certificates of to cause said notice to be published in a newspaper of general circulation in the Obligation, Series City of Fort Worth, Texas, for two consecutive weeks, the date of the first 2007 publication to be before the fourteenth day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in said notice; and authorize the proceeds be used for the construction and equipping of a parking garage in the vicinity of the Fort Worth Convention Center; and the payment of fiscal, engineering and legal fees as described in the Notice of Intention. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15540 be approved and Ordinance No. 17324-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. G-15541 There was presented Mayor and Council Communication No. G-15541 from Accept Gift of the City Manager recommending that the City Council accept a gift of sculpture Sculpture for Fort from Ruth Storms, entitled Vision of the Third Eye, by the late Ed Storms, with Worth Public Art an estimated value of$8,000.00, for acquisition into the Fort Worth Public Art Collection Collection, to be sited at the Fort Worth Botanic Garden. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15541 be approved, with appreciation. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 13 of 34 G-15542 There was presented Mayor and Council Communication No. G-15542 from Ord. No. 17325- the City Manager recommending that the City Council adopt an ordinance 12-2006 providing for the issuance of fifty million dollars ($50,000,000.00) of the Issue General General Purpose Bonds, Series 2007, of the City of Fort Worth, Texas, bearing Purpose Bonds, interest at the rates hereinafter set forth, and providing for the levy, assessment Series 2007 and and collection of a tax sufficient to pay the interest on said bonds and to create Approve Use of a sinking fund for the redemption thereof at maturity; and ordaining other "Form of matters related thereto; and authorize the $50,000,000.00, City of Fort Worth, Purchase Texas, General Purpose Bonds, Series 2007, be sold to JPMorgan Chase Bank, Agreement" N. A., the bidder offering the lowest true interest rate of 4.48 percent. Council Member Jordan disclosed that he had a banking relationship with Chase Bank, but stated that it did not prohibit him from voting on this matter. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15542 be approved and Ordinance No. 17325-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. G-15543 There was presented Mayor and Council Communication No. G-15543 from Purchase City's the City Manager recommending that the City Council authorize the purchase Commercial of the City's commercial property and casualty insurance at a total premium Property and cost of $1,191,261.00; and authorize the purchase of the City's commercial Casualty, and boiler and machinery insurance at a total premium cost of$91,310.93. Boiler and Machinery City Manager Boswell stated that the M&C needed to be amended to add to the Insurance Policies subject at the end of the line "from RSUI Indemnity Company, Westchester Surplus Lines Insurance, Lexington Insurance Company, Commonwealth Insurance, AXIS Specialty Insurance Companies and Hartford Steam Boiler Insurance Company" and, under the first Recommendation line one, add after the word insurance, "from RSUI Indemnity Company, Westchester Surplus Lines Insurance, Lexington Insurance Company, Commonwealth Insurance, AXIS Specialty Insurance Companies." and under the second Recommendation, add after the word "insurance", "from Hartford Steam Boiler Insurance Company..." Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15543 be approved as amended. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 14 of 34 G-15544 There was presented Mayor and Council Communication No. G-15544 from Ord. No. 17326- the City Manager recommending that the City Council: 12-2006 Execute Local 1. Authorize the City Manager to execute a Local Project Advance Project Advance Funding Agreement (LPAFA) for the Hemphill West Quiet Zone Funding Project with the Texas Department of Transportation (TxDOT) in the Agreement and amount of$856,080.00; Railroad Closure Agreement for 2. Authorize the City Manager to accept$684,864.00 in federal funds from Hemphill West the North Central Texas Council of Governments Railroad Crossing Quiet Zone Reliability Partnership Program for this project; Project 3. Authorize the transfer of $150,000.00 from the Street Light and Signal Improvements Fund to the Grant Fund for the City's match; 4. Authorize the transfer of $13,716.00 from the Street Light and Signal Improvements Fund to the Grant Fund for the City's match; 5. Authorize the City Manager, to enter into a Highway-Railroad Grade Crossing Consolidation and Closure Agreement with TxDOT and the BNSF Railway in which TxDOT would reimburse the City up to $7,500.00 to be used towards the local match to the Grant Fund; 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $856,080.00, from available funds, for the purpose of executing a Local Project Advance Funding Agreement with the Texas Department of Transportation for the Hemphill West Quiet Zone project; and 7. Authorize payment in the amount of $7,216.00 to TxDOT representing the initial installment of the City's participation according to the LPAFA. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15544 be approved and Appropriation Ordinance No. 17326-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 15 of 34 Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication Nos. G-15545 through G- 15547 be approved by a single motion as they all involved relocation and moving expenses for the Southwest Parkway project. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. G-15545 M&C G-15545 - Recommending that the City Council authorize the payment Pay Relocation of relocation and moving expenses to Terry Ellis d/b/a Mistletoe Estate Sales, a and Moving sole proprietorship, up to $17,000.00, as a displaced business, from 3509 West Expenses for Vickery Boulevard, in the Vickery Corridor, Parcel No. 53 PT1-A5, for right- Right-of-Way for of-way for the Southwest Parkway Project(DOE 3777). Southwest Parkway Project G-15546 M&C G-15546 - Recommending that the City Council authorize the payment Pay Relocation of relocation and moving expenses to Pat Reese Enterprises d/b/a Slipcovers & and Moving More, up to $20,000.00, as a displaced business, from 3505 West Vickery Expenses for Boulevard, in the Vickery Corridor, Parcel No. 53-PT1-A3, for right-of-way for Right-of-Way for the Southwest Parkway Project(DOE 3777). Southwest Parkway Project G-15547 M&C G-15547 - Recommending that the City Council authorize the payment Pay Relocation of relocation and moving expenses to Tupper Financial, Inc., d/b/a Guardado and Moving Landscaping up to $92,700.00, as a displaced business, from 4317 West Expenses for Vickery Boulevard, in the Vickery Corridor, Parcel No. 80, for right-of-way for Right-of-Way for the Southwest Parkway Project(DOE 3777). Southwest Parkway Project G-15548 There was presented Mayor and Council Communication No. G-15548 from Ord. No. 17327- the City Manager recommending that the City Council approve the Small 12-2006 Capital Projects Crew Work Plan for inclusion in the Parks and Community Approve Small Services Department's FY 2006-2007 Capital Projects Work Plan; and adopt an Capital Projects appropriation ordinance increasing estimated receipts and appropriations in the Crew Work Plan Park Gas Lease Projects Fund in the amount of $741,400.00 from Gas Well for FY 2006-2007 Royalty Revenues for the purpose of funding the Parks and Community Service's Small Capital Projects Plan for Fiscal Year 2006-2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 16 of 34 Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15548 be approved and Appropriation Ordinance No. 17327-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. G-15549 There was presented Mayor and Council Communication No. G-15549 from Res. No. 3444-12- the City Manager recommending that the City Council adopt a resolution of the 2006 City of Fort Worth City Council requesting the members of the 80th Legislative Support Session of the State of Texas support increased funding for the Texas Restoration of Recreation and Parks Account Local Park Grant Program and the Texas State Funding for Texas Parks System. Recreation Park Account and State Council Member Jordan made a motion, seconded by Council Member Silcox, Parks System that Mayor and Council Communication No. G-15549 be approved and Resolution No. 3444-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15550 authorize the City Manager to submit a budget amendment to the Crime Ord. No. 17328- Control and Prevention District (CCPD) Board of Directors for an amendment 12-2006 to the FY 2006-2007 CCPD budget for an inter-fund loan to the Specially Amend Budget to Funded Capital Projects Fund for a Computer Aided Dispatch System, approve CCPD Board of budget amendment, and approve transfer of funds from General Fund to Directors for Specially Funded Capital Projects Fund. Mayor Moncrief opened the public Amendment to FY hearing and asked if there was anyone present desiring to be heard. 2006-2007 for Inter-Fund Loan Ms. Kara Shuror, Assistant Director, Police Department, appeared before for Computer Council, gave a staff report and called attention to Mayor and Council Aided Dispatch Communication No. G-15550, as follows: System There was presented Mayor and Council Communication No. G-15550 from the City Manager recommending that the City Council: 1. Authorize the City Manager to submit to the Crime Control and Prevention District(CCPD) Board of Directors an amendment to the FY 2006-2007 CCPD Budget to authorize $5,570,441.00 for an inter-fund loan to the Specially Funded Capital Projects Fund for a Computer Aided Dispatch System; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 17 of 34 2. Conduct a public hearing to approve an amendment of$5,570,441.00 to the FY 2006-2007 Crime Control and Prevention District budget to fund an inter-fund loan to the Specially Funded Capital Projects Fund; 3. Approve an amendment of $5,570,441.00 to the FY 2006-2007 Crime Control and Prevention District Budget subject to approval by the CCPD Board; 4. Authorize the City Manager to accept the inter-fund loan if approved by the CCPD Board of Directors in the amount of$5,570,441.00; 5. Approve the transfer of $1,085,809.00 from the General Fund to the Specially Funded Capital Projects Fund for the purchase of necessary CAD add on modules and reasonable contingency allowance; and 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $6,656,250.00 from available funds, for the purpose of funding a Computer Aided Dispatch System. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. G-15550 be approved and Appropriation Ordinance No. 17328-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. P-10510 There was presented Mayor and Council Communication No. P-10510 from the 2007 Heavy Duty City Manager recommending that the City Council authorize the purchase of 14 Trucks and new 2007 heavy duty trucks and equipment for various departments listed Equipment below with ATC Fort Worth Freightliner utilizing a State of Texas, Building and Procurement Commission Contract No. 070-54 for a cost not to exceed $1,365,095.45 with payment due within 30 days of the invoice date. Freight is included in the unit prices. Ouantitv and Description Department Unit Price Extended Total 1 Contractor dump body Parks and Community $ 64,872.92 truck Services 1 Crew cab waste dump Parks and Community $ 69,922.14 truck Services 140 Foot aerial bucket Transportation and Public $ 111,516.08 truck Works CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 18 of 34 Ouantitv and Description Department Unit Price Extended Total 2 50 Foot aerial bucket Transportation and Public $112,200.08 $ 224,400.16 trucks Works 1 Service truck and Water $ 88,949.89 compressor 1 Service truck,backhoe, Water $ 118,443.20 comp. and crane 1 Dump truck and front Water $ 107,227.74 loader 2 Roto-Boom trucks Environmental $120,587.26 $ 241,174.52 Management 1 Dump truck and Transportation and Public $ 94,631.86 emulsion unit Works 1 Truck cab and chassis Parks and Community $ 81,318.98 for dump body Services 1 Truck cab and chassis Transportation and Public $ 81,318.98 for dump body Works 1 Truck cab and chassis Water $ 81,318.98 for dump body Total $1,365,095.45 Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10510 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. L-14266 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. L-14266, Authorize the Sale of a .4122 Acre Parcel Council Located at 821 West Vickery Boulevard, a City Fee Owned Surplus Property, Consideration be withdrawn from consideration. L-14266 There was presented Mayor and Council Communication No. L-14266 (Corrected) (Corrected) from the City Manager recommending that the City Council Sale of City Fee authorize the sale of a .4122 acre parcel of land located at 821 West Vickery Owned Surplus Boulevard, a City fee owned surplus property, further described as Lots 3 and Property 5, Block 3, Jennings South Addition, to Marshall T. Robinson (DOE 2820) for the appraised value of$201,000.00; and authorize the acceptance and recording of appropriate instruments. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14266 (Corrected) be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 19 of 34 L-14271 There was presented Mayor and Council Communication No. L-14271 from the Settlement of City Manager recommending that the City Council approve the proposed Claims in settlement of the claims of Witcher Properties, Ltd., ("Witcher") in the Condemnation condemnation lawsuit, City of Fort Worth v. Witcher Properties, Ltd., in the Lawsuit- City of County Court at Law No. 2 of Tarrant County, Cause No. 06-45174-2; Fort Worth v. authorize the payment of$780,000.00 to Witcher and estimated closing costs of Witcher $5,400.00, upon Witcher's presentment of disclaimers of interest by the lessees Properties, Ltd., of the subject property; and authorize the appropriate City representative to Cause No. 06- execute the documents necessary to complete the settlement. 45174-2 Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L-14271 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. PZ-2712 City Secretary Hendrix stated that Mayor and Council Communication No. PZ- Heard with 2712, Institute and Adopt Ordinance for the Voluntary Full Purpose Annexation Zoning Docket No. of Approximately 184.139 Acres of Land in Tarrant County, or .288 Square ZC-06-225 Miles (More or Less) Located North of Boat Club Road and West of Harbour View Lane (AX-06-009 La Fronteria), would be heard with its associated zoning case, ZC-06-225. (See page 27) PZ-2713 There was presented Mayor and Council Communication No. PZ-2713 from the Ord. No. 17329- City Manager recommending that the City Council institute and consider the 12-2006 adoption of an ordinance declaring certain findings; providing for the extension City Initiated of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of an approximately 5.2 acre tract of land in Tarrant County, a (AX-06-010 Boat portion of Boat Club Road, west of Harbour View Lane and east of Tranquil Club Road) Acres Road, situated in the Alexander Crane Harris and Brooks Survey, Abstract No. 55, S.E. Merrell Survey, Abstract No. 1009, Tarrant County, Texas (Case No. AX-06-010 Boat Club Road), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2713 be approved and Ordinance No. 17329-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 20 of 34 C-21904 There was presented Mayor and Council Communication No. C-21904 from the Ord. No. 17330- City Manager recommending that the City Council: 12-2006 Ord. No. 17331- 1. Authorize the transfer of $209,350.00 from the Lake Worth 12-2006 Infrastructure Escrow Account to the Water and Sewer Operating Fund; Ord. No. 17332- 12-2006 2. Adopt an appropriation ordinance increasing estimated receipts and Siemens Building appropriations in the Water and Sewer Operating Fund in the amount of Technologies, Inc. $209,350.00 from a Lake Worth Infrastructure Escrow Account transfer, for the purpose of funding a transfer to the Water Capital Projects Fund to execute a contract with Siemens Building Technologies, Inc., for the construction of the Phase 11 Security Improvements at Water Department Facilities; 3. Authorize the transfer of $209,350.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $209,350.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Siemens Building Technologies, Inc., for the construction of the Phase II Security Improvements at Water Department Facilities; 5. Authorize the transfer of $1,501,159.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $1,501,159.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Siemens Building Technologies, Inc., for the construction of the Phase II Security Improvements at Water Department Facilities; and 7. Authorize the City Manager to execute a contract with Siemens Building Technologies, Inc., in the amount of $2,029,249.00 for the construction of the Phase 11 Security Improvements at Water Department Facilities. City Manager Boswell informed Council that the correct ordinance for Recommendation No. 4 was placed at the Council table along with the Mayor and Council Communication. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 21 of 34 Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21904 be approved with the corrected ordinance and Appropriation Ordinance Nos. 17330-12-2006, 17331- 12-2006 and 17332-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21905 There was presented Mayor and Council Communication No. C-21905 from the HillCo Partners City Manager recommending that the City Council authorize the City Manager to execute a contract with Hi11Co Partners, LLC, for consulting services relative to state legislative issues for an initial term of twelve months from January 1, 2007, to December 31, 2007, at an annual cost of $84,000.00 with a one year option to renew under the same terms and conditions. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21905 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21906 There was presented Mayor and Council Communication No. C-21906 from the TriTech Software City Manager recommending that the City Council authorize a contract with Systems TriTech Software Systems in an amount not to exceed $4,800,000.00 for a Computer Aided Dispatch (CAD) and Station Alerting system and annual support to replace the City's current CAD and Station Alerting system subject to approval by the Crime Control and Prevention District (CCPD) Board for amendment to the Fiscal Year 2006-2007 CCPD Budget; and upon approval find that this contract is necessary to preserve or protect the public health or safety of the residents of the City of Fort Worth. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21906 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21907 There was presented Mayor and Council Communication No. C-21907 from the Aetna Life City Manager recommending that the City Council authorize the City Manager Insurance to execute the second of three one-year renewal options with Aetna Life Insurance for administration of the City's self-funded group health benefit program beginning January 1, 2007, and expiring December 31, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 22 of 34 Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21907 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21908 There was presented Mayor and Council Communication No. C-21908 from the DFW K&H Real City Manager recommending that the City Council authorize the City Manager Estate, LLC and to execute the Tax Abatement Agreement with DFW K&H Real Estate, LLC, American Auto and American Auto Salvage, Inc.; and find that the statements set forth in the Salvage, Inc. recitals of the Tax Abatement Agreement with DFW K&H Real Estate, LLC, and American Auto Salvage, Inc., are true and correct. Council Member Silcox stated that he would support this tax abatement as this was a step in making the landowner whole again, and that this did treat them properly and fairly. Council Member Espino expressed appreciation to Mr. Reuben for his effort in working with the community. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21908 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21909 There was presented Mayor and Council Communication No. C-21909 from the Ord. No. 17333- City Manager recommending that the City Council: 12-2006 Texas Department 1. Authorize the City Manager to execute a Local Project Advance of Transportation, Funding Agreement (LPAFA) for the Magnolia Avenue Railroad BNSF Railway Crossing Project with the Texas Department of Transportation (TxDOT) and Union Pacific in the amount of$422,820.00; Railroad 2. Authorize the City Manager to accept$338,256.00 in federal funds from the North Central Texas Council of Governments Railroad Crossing Reliability Partnership Program for this project; 3. Authorize the City Manager to accept a donation of$30,000.00 from the Union Pacific Railroad for use towards the local match to the Grant Fund; 4. Authorize the City Manager to accept a donation of$25,000.00 from the BNSF Railway for use towards the local match to the Grant Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 23 of 34 5. Approve the transfer of$7,064.00 from the 2004 Street Light and Signal Improvement Fund to the Grant Fund towards the City's twenty percent match; 6. Authorize the City Manager to enter into a Highway-Railroad Grade Crossing Consolidation and Closure Agreement with the TxDOT, the BNSF Railway and the Union Pacific Railroad in which TxDOT would reimburse the City up to $22,500.00 to be used towards the local match to the Grant Fund; 7. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $422,820.00, from available funds, for the purpose of executing a Local Project Advance Funding Agreement with the Texas Department of Transportation for the Magnolia Avenue Railroad Crossing Project; and 8. Authorize payment in the amount of $3,564.00 to TxDOT representing the initial installment of the City's participation according to the LPAFA. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21909 be approved and Appropriation Ordinance No. 17333-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21910 There was presented Mayor and Council Communication No. C-21910 from the Ord. No. 17334- City Manager recommending that the City Council: 12-2006 Texas Department 1. Authorize the City Manager to execute a Local Project Advance of Transportation Funding Agreement (LPAFA) for the Peach Street Area Railroad Safety and Union Pacific Improvement Project with the Texas Department of Transportation Railroad (TxDOT)in the amount of$2,904,276.00; 2. Authorize the City Manager to accept $2,541,636.00 in federal funds from the North Texas Central Texas Council of Governments Railroad Crossing Reliability Partnership Program and from a 2003 Federal Legislative Program earmark for this project; 3. Authorize the City Manager to accept a donation of$50,000.00 from the Union Pacific Railroad for use towards the local match to the Grant Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 24 of 34 4. Authorize the City Manager to accept a donation of$25,000.00 from the BNSF Railway for use towards the local match to the Grant Fund; 5. Authorize the transfer of $36,284.00 from the Street Light and Signal Improvements Fund to the Grant Fund for the City's match; 6. Authorize the transfer of $213,856.00 from the 2004 Street Light and Signal Improvement Fund to the Grant Fund for the City's match; 7. Authorize the City Manager to execute a Highway-Railroad Grade Crossing Consolidation and Closure Agreement with the TxDOT and the Union Pacific Railroad in which TxDOT would reimburse the City up to $37,500.00 to be used towards the local match to the Grant Fund; 8. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,904,276.00, from available funds, for the purpose of executing a Local Project Advance Funding Agreement with the Texas Department of Transportation for the Peach Street Area Railroad Safety Improvement Project; and 9. Authorize payment in the amount of$24,480.00 to TxDOT representing the initial installment of the City's participation according to the LPAFA. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21910 be approved and Appropriation Ordinance No. 17334-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21911 There was presented Mayor and Council Communication No. C-21911 from the Thos. S. Byrne, City Manager recommending that the City Council approve the correction of Ltd. M&C C-21012 to remove the construction of a Public Health building from the scope of work and reduce the contract amount from $7,500,000.00 to $3,287,480.00 for the Construction Manager at Risk Contract with Thos. S. Byrne, Ltd., for the construction of the Shamblee Branch Library in the Evans and Rosedale Business and Cultural District, authorized by that M&C. Mayor Pro tem Hicks noted that the M/WBE participation on this contract was well over 30 percent and made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21911 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 25 of 34 C-21912 There was presented Mayor and Council Communication No. C-21912 from the Ord. No. 17335- City Manager recommending that the City Council: 12-2006 Texas Department 1. Authorize the City Manager to execute a Local Project Advance of Transportation Funding Agreement (LPAFA) for the Sycamore School Road Quiet Zone Project with the Texas Department of Transportation (TxDOT) in the amount of$155,556.00; 2. Authorize the City Manager to accept $124,445.00 in federal funds toward the North Central Texas Council of Governments Railroad Crossing Reliability Partnership Program for this project; 3. Authorize the transfer of $31,111.00 from the 2004 Street Light and Signal Improvement Fund to the Grant Fund for the City's twenty percent match; 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $155,556.00, from available funds, for the purpose of executing a Local Project Advance Funding Agreement with the Texas Department of Transportation for the Sycamore School Road Quiet Zone Project; and 5. Authorize payment in the amount of $1,311.00 to TxDOT representing the initial installment of the City's participation according to the LPAFA. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21912 be approved and Appropriation Ordinance No. 17335-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21913 There was presented Mayor and Council Communication No. C-21913 from the Ord. No. 17336- City Manager recommending that the City Council authorize the transfer of 12-2006 $1,308,300.00 from the Water and Sewer Operating Fund to the Water Capital Laughley Bridge Project Fund; adopt an appropriation ordinance increasing estimated receipts & Construction, and appropriations in the Water Capital Projects Fund in the amount of Inc. $1,308,300.00 from a transfer from the Water and Sewer Operating Fund, for the purpose of executing a contract with Laughley Bridge & Construction, Inc., for Water Main Replacement Contract 2006A; and authorize the City Manager to execute a contract with Laughley Bridge & Construction, Inc., in the amount of$1,000,000.00 for Water Main Replacement Contract 2006A. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 26 of 34 Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21913 be approved and Appropriation Ordinance No. 17336-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. C-21914 There was presented Mayor and Council Communication No. C-21914 from the Ord. No. 17337- City Manager recommending that the City Council authorize the City Manager 12-2006 to execute a Community Facilities Agreement with D.R. Moss Land D.R. Moss Land Development Company, for the installation of water services to serve Willow Development Springs Ranch, located in far northwest Fort Worth; and adopt an ordinance Company adopting a Pro-Rata Connection Fee against each lot contained within the Willow Springs Ranch, an addition to the City of Fort Worth, Tarrant County, Texas, as follows: Block 1, Lots 9 through 25 inclusive; Block 3, Lots 1 through 14 inclusive; Block 4, Lots 1 through 17 inclusive; Block 5, Lots 1 through 14 inclusive; Block 6, Lots 1 through 8 inclusive; Block 7, Lots 1 through 8 inclusive; Block 8, Lots 1 through 18 inclusive; providing for the calculation of the Pro-Rata Connection Fee; providing for the assessment and payment of the Pro-Rata Connection Fee; making this ordinance cumulative of prior ordinances; repealing all ordinances and provisions of the Fort Worth City Code in conflict herewith. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21914 be approved and Ordinance No. 17337-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-202 It appeared that the City Council, at its meeting of November 7, 2006, SP-06-045 continued the hearing of the application of Emerging Properties 1, LTD, for a Continued Until change in zoning of property located at 6750 Fossil Bluff Drive from "G" End of Meeting Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R2" Townhouse/Cluster Residential with rear entry garages, Zoning Docket No. ZC-06-202. The accompanying site plan was SP-06-045. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 27 of 34 There being no one present desiring to be heard in connection with the application of Emerging Properties 1, LTD, Council Member Espino made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-202 and SP-06-045 be approved. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change and approving the 13.880 acres which was the exact land that tracks the site plan, with the exception of the triangle parcel containing 7,465 square feet of land, more or less described in Lot 1R, Block 1, Emerging Properties Addition. He explained the applicant would like to leave this small piece out of the zoning change request in order to still have access to the existing property to the west. Council Member Espino stated that he did not feel comfortable in making such a decision since this zoning case was in Council Member Scarth's district, and inquired whether Mr. Schell had discussed this matter with Council Member Scarth. Mayor Moncrief suggested that staff try to reach Mr. Scarth and determine whether this would be his recommendation. Council Member Espino withdrew his motion for approval, and Council Member Burdette withdrew his second. It was the consensus of the City Council that this zoning case be continued until the end of the meeting. (See page 31) 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 November 27, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. PZ-2712 There was presented Mayor and Council Communication No. PZ-2712 from the Ord. No. 17338- City Manager recommending that the City Council institute and consider the 12-2006 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of an approximately 184.139 acre tract of land in Tarrant County, or Annexation .288 square miles (more or less) located north of Boat Club Road and west of (AX-06-009 La Harbour View Lane situated in the S.E. Merrell Survey, Abstract No. 1009 and Fronteria) the A.C.H. & B. Survey, Abstract No. 55, and the J.A. McNutt Survey, Abstract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 28 of 34 No. 1151, Tarrant County, Texas (Case No. AX-06-009 La Fronteria), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2712 be approved and Ordinance No. 17338-12-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. ZC-06-225 Council Member Burdette made a motion, seconded by Council Member Approved Jordan, that the application of Triple T Farms, Ltd., for a change in zoning of property located in the 8900 block of Boat Club Road from "AG" Agricultural to "A-7.5" One-Family Residential, Zoning Docket No. ZC-06-225, be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. SP-06-044 Council Member Silcox made a motion, seconded by Council Member Jordan Continued Until that the application of Village Homes, L.P., for site plan of property located at January 9, 2007 2501, 2503, 2505 and 2507 Rogers Road for single family residential restricted, Site Plan No. SP-06-044, be continued until the January 9, 2007, Council meeting. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. SP-06-046 Council Member Burdette made a motion, seconded by Council Member Silcox Approved that the application of D.R. Horton-Texas, Ltd., for site plan of property located in the 5200 block of Marine Creek Parkway for single family residential restricted with conventional side yards, Site Plan No. SP-06-046, be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. ZC-06-268 Council Member Espino made a motion, seconded by Council Member Silcox, Approved that the application of BNSF Railway Company for a change in zoning of property located in the 1100 block of Intermodal Parkway from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. ZC-06-268, be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 29 of 34 AGENDA ITEM XVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-06-236A It appeared that the City Council, at its meeting of November 14, 2006, Continued Until continued the hearing of the application of the City of Fort Worth, Carter January 9, 2007 Riverside Neighborhood for a change in zoning of property located at 600-601 Blevins Avenue, 1815 Bolton Street, 833 Fairview, 3300 Race Street and 3701 Airport Freeway, Zoning Docket No. ZC-06-236A: Recommended for Approval: 600-601 Blevins Avenue from "B" Two-Family Residential to "A-7.5" One- Family Residential, 1815 Bolton Street from "A-5" One-Family Residential to "A-10" One-Family Residential and 3300 Race Street from "E" Neighborhood Commercial to "A-7.5" One-Family Residential Recommended for Denial: 833 Fairview from "B" Two-Family Residential to "A-5" One-Family Residential and 3701 Airport Freeway from "FR' General Commercial Restricted to"E" Neighborhood Commercial Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Espino informed the audience that this zoning case required a super majority vote and stated that there was not a sufficient amount of Council Members present to achieve that vote. He recommended that this item be continued to January 9, 2007. Robert J. Rockett Mr. Robert J. Rockett, 307 W. 7th Street, #1719, representing Ms. Cheryl Rider, owner of property located at 3701 Airport Freeway, appeared before the City Council and stated that they were in favor of the recommendation for denial and requested that the City Council take action on this portion today. Mayor Moncrief explained the reason that the City Council was in favor of the continuance as Council Member Espino stated earlier. City Attorney Yett also stated that Assistant City Attorney Sarah Fullenwider could explain the necessity for a super majority vote on this zoning case. He further stated that it might be in the applicant's best interest if all of the Council Members were present to vote on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 30 of 34 There being no one else present desiring to be heard in connection with the application of the City of Fort Worth, Carter Riverside Neighborhood, Council Member Espino made a motion, seconded by Council Member Jordan, that the Zoning Hearing and Zoning Docket No. ZC-06-236A be continued until the January 9, 2007, Council meeting. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. AGENDA ITEM XVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-245 It appeared that the City Council, at its meeting of December 12, 2006, Continued Until continued the hearing of the application of Randel Flores for a change in zoning January 18, 2007 of property located at 1501 through 1609 East Long Avenue from "B" Two Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, excluding liquor stores, and with site plan requested, Zoning Docket No. ZC-06-245. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. City Secretary Hendrix stated that the applicant submitted a letter requesting the continuance of this zoning case until January 18, 2007. There being no one present desiring to be heard in connection with the application of Randel Flores, Council Member Espino made a motion, seconded by Council Member Silcox, that the Zoning Hearing and Zoning Docket No. ZC-06-245 be continued until the January 18, 2007, Council meeting. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. Item XVI Ms. Joy Maxwell, 4808 Lafayette, appeared before Council relative to cameras Citizen at stop lights and swift and sure punishment for DWI offenders. She further Presentations stated that mandatory jail time should be served and that the vehicle in which Joy Maxwell the individual was driving should be impounded, no matter who the vehicle belonged to. She suggested that cameras be installed at Bellaire and Hulen, I- 20 and Hulen, and I-30 and Hulen Street. The entire Council responded to Ms. Maxwell and expressed appreciation for bringing this issue to Council. The Council advised her that the red light cameras were an issue that had been discussed and that staff was in the process of determining which streets were the worst intersections for individuals running red lights. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 31 of 34 Mr. Robert Goode, Director of the Transportation/Public Works Department, advised Council that there is a Pre-Council item scheduled for the meeting of January 18, 2007. Joe Don Brandon Mr. Joe Don Brandon, 1415 E. Lancaster, appeared and stated that he was against cameras because they were usually used for alternative reasons. He stated he was against drunk drivers. He advised Council that there was another street date victim attack Saturday and a church was adopting the woman. He informed Council that the Working Poor Council for Better Living was kicking off their new master web site. He also stated that they were trying to put an end to $5.15 per hour minimum wage. ZC-06-202 It appeared that the City Council continued the hearing of the application of SP-06-045 Emerging Properties 1, LTD, for a change in zoning of property located at 6750 Approved/Denied Fossil Bluff Drive from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R2" Townhouse/Cluster Residential with rear entry garages, Zoning Docket No. ZC-06-202. The accompanying site plan was SP-06-045. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Bob Riley, Director of Development Department, appeared before the City Council and pointed out on the site plan the triangle portion of property that Mr. Schell was requesting not be included in the zoning change. He stated that it was staff s recommendation that the 7,465 square feet of land be denied so that the applicant would still be able to gain entrance to the remaining portion of property on the west side. There being no one else present desiring to be heard in connection with the application of Emerging Properties 1, LTD, Council Member Espino made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-202 and SP-06-045 be approved as amended, excluding the 7,465 square feet of land, more or less out of Lot 1R, Block 1 of Emerging Properties Addition. 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 Espino made a motion, seconded by Council Member Burdette, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 32 of 34 ORDINANCE NO. 17339-12-2006 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 six (6) ayes to zero (0) nays, with Council Members Scarth, Wheatfall, and Davis absent. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:20 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) Herman Clay Smith v. City of Fort Worth, Cause No. 0512-903 (Wise County); b) City of Fort Worth, Plaintiff v. Jay McLennan, Independent Executor of the Estate of Lynne Weil, Deceased, and Southwestern Gas Pipeline, Inc., Cause No. ED-2006-01952 (Denton County); c) Legal issues concerning CPRC Chapter 125 gang injunction litigation; d) Legal issues concerning relocation of telecommunications utilities in public right-of-ways; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19, 2006 PAGE 33 of 34 e) Legal issues concerning the Texas Clean Air Coalition; f) Legal issues concerning premature street failures; g) 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 12:58 p.m. Resolution to There was presented a resolution pledging to cooperate with interested parties Cooperate with in assessing the feasibility of conserving certain property as a public park. Parties to Assess Feasibility of At the Mayor's request, City Attorney Yett advised that the recommendation of Conserving the City Manager and the City Attorney was that the City Council table the Property as Public proposed resolution until the acquisition of the right-of-way for the construction Park- Tabled of Southwest Parkway (State Highway 121) had been completed and then consideration of the resolution be brought back before the City Council at that time. At the Mayor's request, City Attorney Yett advised that the recommendation of the City Manager and the City Attorney was that the City Council table the proposed resolution until the acquisition of the right-of-way for the construction of Southwest Parkway (State Highway 121) had been completed and then consideration of the resolution be brought back before the City Council at that time. Council Member Silcox made a motion, seconded by Council Member Burdette, that the proposed resolution be tabled until the acquisition of the right-of-way for the construction of Southwest Parkway (State Highway 121) had been completed. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 19,2006 PAGE 34 of 34 Mayor Pro tem Hicks expressed support of the resolution and opposition to the motion. Council Member Espino also expressed opposition to the motion. The motion carried four (4) ayes to two (2) nays, with Mayor Pro tem Hicks and Council Member Espino casting the dissenting votes, and with Council Members Scarth, Wheatfall, and Davis absent. Agenda Item There being no further business,the meeting was adjourned at 1:03 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 91h day of January, 2007. Attest: Approve r Marty He drix Michael J. Moncri f City Secretary Mayor