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HomeMy WebLinkAbout2005/11/15-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 10:05 a.m. on Tuesday, November 15, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Espino and Davis temporarily absent. Agenda Item H The invocation was given by Reverend Tim Presson, Christ the Redeemer Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Members Davis and Espino assumed their chairs.) Agenda Item IV On motion of Council Member Burdette, seconded by Mayor Pro tem Silcox, Approval of the minutes of the regular meeting of November 8, 2005, as amended, were Minutes approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mayor Pro tem Silcox presented a Proclamation for Cowboy Santas Month to Special Mrs. Sharon Armstrong, Cowboy Santas Program Inc., Board Chair and staff of Presentations the Parks and Community Services Department. Mayor Moncrief expressed appreciation to the Cowboy Santas and reiterated that everyone will be asked to dig deeper into their pockets to help provide toys for not only the children in the City of Fort Worth, who would not have a toy if it were not for the generous donations, but also the children who were displaced from Hurricanes Katrina and Rita. He also thanked all of the Community Services workers for all they did to assist the guest in our City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 2 of 16 Mayor Pro tem Silcox also stated that during the City Manager's Christmas Party that he would be pushing harder than before for the generous donations from Council Members and staff. The presentation of a Proclamation for Fort Worth Charger's Day will be presented at a later meeting. Council Member Haskin presented a Proclamation for Texas Reading Bee Championship Day to Charlie Ray, 2nd grader from Tanglewood Elementary School and announced that this was the 5th year of the joint effort of the City and TCU to hold the Texas Reading Bee Championship. She stated that it would take place Saturday, November 19, 2005, at Texas Christian University. She also recognized Mr. Ernie Horn, Score a Goal in the Classroom in the Fort Worth Independent School District and father of the Reading Bee. Mr. Danny Scarth expressed appreciation to the City for being a part of such a very important program, and introduced Charlie's teacher, Jane Wall, Diane Clark, Fort Worth ISD Literacy Department, and his parents, Courtney and Donald Ray. Agenda Item VI Council Member Haskin stated that Wednesday, November 16, 2005, there Announcements would be a public hearing held regarding proposed changes to the oversized vehicle parking and storage ordinance in the City Council Chamber at 6:00 p.m. She also announced that Saturday, November 19, 2005, was National Adoption Day and that 35 children would be adopted at Tarrant County's Family Court Center between 9:00 a.m. and 11:00 a.m., and invited anyone interested in decorating all of the courtrooms that would be utilized for these adoptions to call her and they would decorate the courts on Friday. Council Member Burdette announced that at 4:30 p.m. on Saturday, November 19, 2005, at the Ridglea Country Club, the Lake Como Community would celebrate their 100th year anniversary and invited everyone to come and participate in this joyous event. He also stated that he traveled to the 287 Zone area, recently annexed into the City limits, and visited the new fire station and five or six of the firefighters and advised that they were all set up with comfortable accommodations and congratulated Chief Gaines for getting everything set up and also the Police Department for covering the beats in this area. Mayor Pro tem Silcox announced that he and Council Member Burdette were in attendance Friday, November 11, 2005, for the Veteran's Day Parade and it was a fantastic parade and many individuals present supporting the Veterans in the past, current and hopefully for the future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 3 of 16 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from P-10268, G-15002, G-15003, and G-15005 be withdrawn from the consent Consent Agenda agenda for individual consideration. 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 Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Haskin, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1523 M&C OCS-1523 — from the Office of the City Secretary recommending that Liability Bonds the City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Anthony Tate dba Wild West Western Surety Company Construction True Grit Concrete RLI Insurance Company Terry Vaughn Western Surety Company Edgar Torres&Antonio Olmos Western Surety Company Flint Energy Services,Inc. American Casualty Co. of Reading Pennsylvania R.Fuentes Concrete,Inc. Western Surety Company Potter Concrete,Ltd. Merchants Bonding Company(Mutual) Probuild Construction,Ltd. SureTec Insurance Company Property Paving,Inc. SureTec Insurance Company Reliable Paving,Inc. Merchants Bonding Company (Mutual) Tony Salas,Jr. dba Salas Construction State Farm Fire&Casualty Company L.I.Flores Enterprises,Inc. dba Service Ohio Casualty Insurance Company Ist Robert Smart dba Smart Concrete Western Surety Company Rainier Company Limited RLI Insurance Company Master Concrete Company,Inc. Western Surety Company Pemco,Inc. RLI Insurance Company S&B Concrete CNA Surety Jackson Construction Merchants Bonding Company(Mutual) J.F.G. Concrete,Inc. Western Surety Company CANCELLATIONS CONTRACTOR'S CANCELLATION DATE INSURANCE BOND COMPANY Energy Alliance Pipeline, October 22,2005 Bond Safeguard LP Insurance Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 4 of 16 OCS-1524 M&C OCS-1524 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15001 M&C G-15001 — Recommending that the City Council authorize the City Ord. No. 16706- Manager to: 11-2005 FY 2005 State of 1. Accept from the State of Texas — Governor's Division of Emergency Texas Homeland Management the FY 2005 State Homeland Security Grant Award Security Program consisting of three program allocations: Grant Award 1. Urban Area Security Initiative: $3,379,131.00 2. Law Enforcement Terrorism Prevention Program: $318,740.00 3. Metropolitan Medical Response System: $227,592.00 Combined Total Award: $3,925,463.00 2. Adopt Appropriation Ordinance No. 16706-11-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $3,925,463.00, subject to receipt of the State Homeland Security Grant from the State of Texas, Governor's Division of Emergency Management, for the purpose of funding the rehabilitation of existing recreation facilities. G-15004 M&C G-15004 — Adopting Resolution No. 3273-11-2005 authorizing up to an Res. No. 3273-11- additional $15,000.00 to be paid to Whitaker, Chalk, Swindle & Sawyer, 2005 - Increase L.L.P., to aid the City of Fort Worth in the land acquisitions including pre- Payment to Assist condemnation work for the relocation of FM 156. Land Acquisitions & Pre-Condemn. Work- Relocation of FM 156 G-15006 M&C G-15006 — Authorizing transfer of funds from the Fort Worth Ord. No. 16707- Transportation Authority and adopting Appropriation Ordinance No. 16707-11- 11-2005 2005 increasing estimated receipts and appropriations in the Contract Street Transfer Funds Maintenance Fund in the amount of $622,572.75 from available funds for the for FY 2004-2005 purpose of funding a portion of the Fiscal Year 2004-2005 Street Maintenance Street Program Maintenance Program CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 5 of 16 G-15007 M&C G-15007 — Authorizing the City Manager to transfer $11,120,564.00 Ord. No. 16708- from the General Fund to the Contract Street Maintenance Fund; and adopting 11-2005 Appropriation Ordinance No. 16708-11-2005 increasing estimated receipts and Transfer Funds appropriations in the Contract Street Maintenance Fund in the amount of for FY 2005-2006 $11,120,564.00 from available funds for the purpose of funding a portion of the Street Fiscal Year 2005-2006 Street Maintenance Program. Maintenance Program G-15008 M&C G-15008 — Considering and adopting the findings and opinions of the Ord. No. 16709- City staff as presented herein; finding that the public necessity and convenience 11-2005 require the operation of six (6) limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 16709-11-2005 granting to City's Streets, Executive Services of Texas the privilege to use the streets, alleys and public Alleys and Public thoroughfares of the City in the conduct of its limousine business, which shall Thoroughfares to consist of the operation of six limousines for a period beginning on November Operate 25, 2005, and ending on November 24, 2010; specifying the terms and Limousines conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Executive Services of Texas. G-15009 M&C G-15009 — Appointing the Public Health Director as the primary Local Appoint Public Rabies Control Authority for the City of Fort Worth with the Animal Care and Health Director as Control Manager serving as first alternate. Local Rabies Control Authority P-10265 M&C P-10265 — Authorizing a purchase agreement for graffiti abatement Graffiti services with Real Estate Restoration and Construction, Inc., for the Parks and Abatement Community Services Department based on best value, with a two percent Services discount if paid within ten days or net 30 payment terms; authorizing this agreement to begin November 15, 2005, and expire November 14, 2006, 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 with the Local Government Code, 271.102, "Cooperative Purchasing Program". P-10266 M&C P-10266—Recommending that the City Council: Hazardous Tree Removal and 1. Authorize non-exclusive purchase agreements for hazardous tree Disposal Services removal and disposal services with the following contractors for the Parks and Community Services Department, based on best value with payments due 30 days after date of invoice; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 6 of 16 a. Northeast Service, Inc., d/b/a Horton Tree Service — Primary Contractor b. Rivers Tree Service— Secondary Contractor 2. Authorize these agreements to begin November 15, 2005, and expire November 14, 2006, with options to renew for four additional one-year periods. P-10267 M&C P-10267 — Authorizing the purchase of new capital equipment from Capital Texas Association of School Boards (TASB) BuyBoard contracts with Saginaw Equipment Implement, Jones Tractor, Olmsted Kirk and Chastang Ford Companies for the City of Fort Worth as listed below for a cost not to exceed $306,311.20 with payment due within 30 days of the date of the invoice; and Qtv. &Description Department Unit Price Extended Total TASB 225-05, Saginaw Implement Company 3 ea. John Deere HX15 Mowers Parks/Community $12,407.25 $ 37,221.75 Service 1 ea.John Deere 6X4 Gator, Gas Fire $ 11,505.13 1 ea. John Deere 4X4 Gator,Diesel Parks/Community $ 8,828.19 Service 1 ea. John Deere 6X4 Gator,Diesel Parks/Community $ 14,050.79 Service TASB 223-05,Jones Tractor Sales 1 ea.ZTR Hustler Super Z Mower Parks/Community $ 13,074.20 Service TASB 223-05,Omsted Kirk Equipment 1 ea.Tennant 5700 walk behind Public Events $ 12,668.69 Scrubber TASB-207-04, Chastang Ford/Underground,Inc. 1 ea.Ford F750 Truck/Jet Eye Water $208,962.45 Sewer Camera Total 5306,311.20 L-14147 M&C L-14147 — Authorizing the acquisition of one permanent water line Permanent Water easement and one temporary construction easement described as a portion of Line Easement the Jordan Bass Survey, Abstract No. 1895, Tarrant County, Texas, from M.C. and Temporary Brister, Jr., and Janet Brister for property located north of Cantrell Sansom Construction Road and west of I-35W in north Fort Worth (DOE 3637), necessary for the Easement construction of the Northside II 48-inch Water Main extension project, for $74,600.00 plus closing costs. L-14148 M&C L-14148 — Authorizing conveyance of one twenty-year underground Underground pipeline easement described as being a portion of J.A. Hust Survey, Abstract Pipeline Easement No. 702, Tarrant County, Texas, to Westfork Pipeline Company, L.P. (DOE CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 7 of 16 2716), necessary for the installation, operation and maintenance of an underground pipeline for the purpose of transporting natural gas, for a total consideration of$8,594.00. C-21141 M&C C-21141 — Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP, that grants Barnett Gathering Gathering, LP a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines. C-21142 M&C C-21142 — Authorizing the City Manager to execute a Public Right-of- Hollis R. Sullivan, Way Use Agreement with Hollis R. Sullivan, Inc., that grants Hollis R. Inc. Sullivan, Inc., a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines. C-21143 M&C C-21143 — Authorizing the City Manager to extend or renew City Worth Heights Secretary Contract No. 28003 with the Worth Heights Neighborhood Neighborhood Association, Inc., for an additional term of one year, for the purpose of allowing Association, Inc. it to continue the development of homes affordable to qualified first-time homebuyers; authorizing the contract extension to begin November 16, 2005, and expire on November 15, 2006; authorizing the City Manager to extend or renew the HOME funded contract with the Worth Heights Neighborhood Association, Inc., for an additional period of six months if additional time is needed to complete the project; and authorizing the City Manager to amend the contract if necessary, to achieve Worth Heights' revitalization goals, provided that the amendment is compatible with the neighborhood revitalization strategy, in compliance with applicable laws and regulations and in the best interest of the City. C-21144 M&C C-21144 — Recommending that the City Council enter into a contract Perdue, Brackett, with Perdue, Brackett, Ellis, Palmer, LLP, to represent the City in delinquent Ellis, Palmer, LLP tax issues in 14 bankruptcy cases. C-21145 M&C C-21145 — Authorizing the City Manager to enter into a non-exclusive Keller lease agreement with Keller Independent School District for the installation of Independent water and sewer mains, storm sewer and roadway improvements in Keller- School District Hicks Road. C-21146 M&C C-21146 — Authorizing the City Manager to execute a contract with Dustrol, Inc. Dustrol, Inc., in the amount of $105,600.00 for Surface Wedge Milling (2006- 1) at various locations for one year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 8 of 16 C-21147 M&C C-21147 — Authorizing the City Manager to execute a contract with Orval Hall Orval Hall Excavating Company in the amount of $187,524.00 for Arborlawn Excavating Drive, Phase 1 (International Plaza to Bellaire Drive)—Roadway Grading. Company C-21148 M&C C-21148 — Authorizing the execution of one Storm Water Facility Wal-Mart Stores Maintenance Agreement with Wal-Mart Stores Texas, L.P., for property located Texas, L.P. in west Fort Worth(DOE 4660). C-21149 M&C C-21149 — Authorizing the transfer of $23,744.00 from the Water & Ord. No. 16710- Sewer Operating Fund to the Water Capital Project Fund in the amount of 11-2005 $2,522.00 and the Sewer Capital Project Fund in the amount of $21,222.00 Amendment No. 6 from available funds; adopting Appropriation Ordinance No. 16710-11-2005 to CSC No. 28790 increasing estimated receipts and appropriations in the Water Capital Project —Lockwood, Fund in the amount of $2,522.00 and the Sewer Capital Project Fund in the Andrews & amount of $21,222.00 from available funds for the purpose of funding Newnam, Inc. Amendment No. 6 to City Secretary Contract No. 28790 with Lockwood, Andrews & Newnam, Inc., for additional design services; and authorizing the City Manager to execute Amendment No. 6 to City Secretary Contract No. 28790 with Lockwood, Andrews & Newnam, Inc., in the amount of$23,744.00 for additional design services, thereby increasing the contract amount to $434,460.00. Subsequent amendments, if necessary, will be processed administratively, up to a $25,000.00 total. C-21150 M&C C-21150 —Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 31892 with S.J. Louis Construction of Texas, 1 to CSC No. Ltd., for construction of Sanitary Sewer Main M244-A Village Creek Parallel 31892— S.J. Louis Collector — Contract 1 in the amount of $35,430.47, thereby increasing the Construction of contract amount to $4,003,126.40. Texas, Ltd. C-21151 M&C C-21151 — Authorizing the City Manager to execute Amendment No. 5 Amendment No. 5 to City Secretary Contract No. 26807 with Transystems Corporation to CSC No. 26807 Consultants for additional services to Sanitary Sewer Main 244A Parallel Relief — Transystems Study and Design in the amount of $83,885.00, thereby increasing the total Corporation contract amount to $1,101,786.00. Consultants C-21152 M&C C-21152 — Authorizing the City Manager to enter into a Pipeline Union Pacific Crossing Agreement with Union Pacific Railroad for an encased 16-inch water Railroad pipeline crossing located at Milepost 249.17 (DOE 4279), for a one-time cost of $4,276.00. The City of Fort Worth will incur all costs for this agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 9 of 16 C-21153 M&C C-21153 — Authorizing the City Manager to execute a lease agreement Basswood extension for office space located at 4301 Basswood, Suite 180, for the Police Crossing Limited Department's Neighborhood Policing District 3, with Basswood Crossing Partnership Limited Partnership at a cost of $3,633.67 per month; and approving the lease term of five years effective August 1, 2005, and expiring on July 31, 2010. C-21154 M&C C-21154 — Authorizing the City Manager to enter into an agreement with Tarrant County Tarrant County to provide necessary crime lab services on a fee-for-services basis; and authorizing the agreement to begin October 1, 2005, and expiring on September 30, 2006. C-21155 M&C C-21155 — Authorizing the City Manager to execute Amendment No. 2 Ord. No. 16711- to City Secretary Contract No. 30629 with the Texas Commission on 11-2005 Environmental Quality for the operation of local air pollution monitors Amendment No. 2 extending the contract time through June 30, 2006, and increasing the not to to CSC No. 30629 exceed amount from $347,200.00 to $520,800.00; and adopting Appropriation - Texas Ordinance No. 16711-11-2005 increasing estimated receipts and appropriations Commission on in the Grants Fund in the amount of$173,600.00 subject to receipt of executed Environmental Amendment No. 2 to City Secretary Contract No. 30629, for the purpose of Quality funding the extension of the contract term from September 1, 2004, to June 30, 2006. C-21156 M&C C-21156 — Authorizing the City Manager to execute a construction Archer-Western contract with Archer-Western Contractors, Ltd., for construction of North Side Contractors Pump Station Expansion on the low bid of$1,215,972.00. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution casting votes for Joe Potthoff to fill a vacant Res. No. 3275-11- position on the Board of Directors for the Tarrant Appraisal District. Council 2005 Member Davis made a motion, seconded by Council Member Burdette, that Vote for Joe Resolution No. 3275-11-2005 be adopted. The motion carried unanimously Potthoff to Fill nine (9) ayes to zero (0) nays. Position on Board of Directors for TAD Agenda Item XI Council Member Davis made a motion, seconded by Council Member Haskin, Presentations by that Ashley Victoria Baker be appointed as her representative to the Youth City Council Advisory Board, effective November 15, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 10 of 16 Council Member Wheatfall made a motion, seconded by Council Member Espino, that Robert Lee Sneed be appointed to the Golf Advisory Committee, effective November 15, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Haskin made a motion, seconded by Council Member Espino, that Patrick Main be appointed to Place 4 on the Community Development Council, effective November 15, 2005, with a term of office expiring October 1, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3276-11- There was presented a resolution approving the financing by the Mesquite 2005 Health Facilities Development Corporation of a health facility located within Finance by the City of Fort Worth, Texas. Council Member Davis made a motion, Mesquite Health seconded by Council Member Burdette, that Resolution No. 3276-11-2005 be Facilities adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Development Corporation of Health Facility Agenda Item XII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented Mayor and Council Communication No. OCS-1525 from Presentations by the Office of the City Secretary recommending that the City Council adopt a City Secretary resolution setting the regular zoning hearing for December 13, 2005. Council OCS-1525 Member Haskin made a motion, seconded by Council Member Davis, that Res. No. 3277-11- Resolution No. 3277-11-2005 be adopted. The motion carried unanimously 2005 nine (9) ayes to zero (0) nays. Setting Regular Zoning Hearing AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15000 There was presented Mayor and Council Communication No. G-15000, dated Amend FY 2005- November 8, 2005, from the City Manager recommending that the City Council 2006 CCPD authorize the City Manager to submit to the Crime Control and Prevention Budget for Crime District (CCPD) Board of Directors an amendment to the FY 2005-2006 CCPD Lab Outsourcing, Budget to appropriate $1,975,332.00 for crime lab outsourcing, ammunition, Ammunition, NPO NPO Sergeants, recruit training and marked vehicles for the Fort Worth Police Sergeants, Department. Council Member Wheatfall made a motion, seconded by Council Training and Member Burdette, that the recommendation be adopted. The motion carried Marked Vehicles unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 11 of 16 G-15002 There was presented Mayor and Council Communication No. G-15002 from Ord. No. 16712- the City Manager recommending that the City Council adopt an ordinance 11-2005 denying the rate adjustments proposed by Atmos Energy, Mid-Tex Division, as Denying Interim reflected in the "Annual Gas Reliability Infrastructure Rate Adjustment" filed Rate Adjustment by Atmos Energy Corp., Mid-Tex Division on September 19, 2005; by Atmos Energy Authorizing the participation in the Atmos Cities Steering Committee and the Corp., Mid-Tex hiring of consultants and attorneys by such committee in responding to any Division litigation of appeal to the Texas Railroad Commission; Approving costs incurred by the Committee thus far as reasonable and directing that Atmos Energy Corp., Mid-Tex Division reimburse the City for all past and future reasonable expenses; adopting declarations and findings in the preamble. Assistant City Attorney Peter Vaky stated that in 2003, the Legislators implemented a new regulation called Gas Reliability Infrastructure Program which allowed the Gas Utility to adjust its turf rates to take into account cost increases to the utility on account of capital investment in its system. He stated that after a review of the second G.R.I.P. adjustment requested by Atmos Energy in the last 12 months, it was staff and the other consultants report that the filing contained cost that was improper and should not have been included, and therefore, it is staff s recommendation that it should be denied, which is reflected in the proposed ordinance. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15002 and Ordinance No. 16712-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15003 There was presented Mayor and Council Communication No. G-15003 from Ord. No. 16713- the City Manager recommending that the City Council adopt an ordinance 11-2005 initiating a ratemaking proceeding against Atmos Energy Corp., Mid-Tex Initiate Division; directing Atmos Energy Corp., Mid-Tex Division to show cause Ratemaking regarding the reasonableness of its existing natural gas distribution rates within Proceeding to the City; directing Atmos Energy Corp., Mid-Tex Division to file certain Review Natural information with the City; setting a procedural schedule for the gathering and Gas Distribution review of necessary information in connection therewith; ratifying the retention Rate of Atmos of consultants to assist the City in such matter; reserving the right to require the Energy Corp., reimbursement of the City's expenses therefrom; and directing that a certified Mid-Tex Division copy of this ordinance be delivered to Atmos Energy Corp., Mid-Tex Division, following its adoption. Assistant City Attorney Peter Vaky stated that in addition to denial of the G.R.I.P. adjustment, the City's consultants recommended that the City initiates a ratemaking proceeding, which is authorized by state law. He stated that this CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 12 of 16 compelled Atmos to justify its current rates in the City. This would force a hearing of overall rates, and not just whether Atmos was entitled to a G.R.I.P. adjustment. He stated that a ratemaking proceeding is timely, inasmuch as Atmos Energy maybe over earning in excess of the rate of return the Railroad Commission authorized in its last turf rate in 2004. Therefore, it was staff's recommendation to approve Mayor and Council Communication No. G-15003. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15003 and Ordinance No. 16713-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15005 There was presented Mayor and Council Communication No. G-15005 from Res. No. 3274-11- the City Manager recommending that a resolution be adopted approving an 2005 amendment to the Articles of Incorporation and the Bylaws of the Central City Amend Articles Local Government Corporation by expanding the size of the Board of Directors and Bylaws and appointing Roy Brooks as the additional initial Director. Expanding Size of Board of Directors Peter Vaky, Assistant City Attorney advised the City Council that there was a for Central City clerical error in the resolution, stating that the names of the four elected City Local Government Council Members that were elected this last spring should have been reflected Corporation in lieu of their predecessors. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15005 and Resolution No. 3274-11-2005 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15010 There was presented Mayor and Council Communication No. G-15010 from City's Urban the City Manager recommending that the City Council remove the urban village Village designation from Paddock Bend and Camp Bowie/Hulen; combine the West Development Seventh/University and Trinity Park urban villages into one village named Program West Seventh; designate Berry/Riverside, Berry/Stalcup, Bluebonnet Circle, Near East Side, Six Points and South Main as new urban villages; and expand the Polytechnic/Wesleyan urban village to include the Vickery/Nashville area. Council Member Davis made a motion, seconded by Council Member Espino, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino commended the Planning Department and the Planning Commission for the development of these urban villages. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 13 of 16 G-15011 There was presented Mayor and Council Communication No. G-15011 from Additional the City Manager recommending that the City Council authorize the City Compensation to Manager to offer additional compensation in the amount of $11,548.88 to the BNSF for a Burlington Northern and Santa Fe Railway Company (BNSF) for a 25-year Pipeline pipeline license agreement thereby increasing the one-time cost to $35,248.75. Agreement Council Member Espino made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10268 There was presented Mayor and Council Communication No. P-10268 from the Printing of City City Manager recommending that the City Council authorize a purchase Page for FY 2005- agreement for printing of the "City Page" with multiple vendors, including the 2006 Fort Worth Star-Telegram, La Vida News — The Black Voice and Diario La Estrella for an annual cost not to exceed $150,574.64; and authorize this agreement to begin November 15, 2005, and expire November 14, 2006. City Manager Boswell stated that the amount in recommendation one needed to be amended to read $150,974.64 instead of$150,574.64. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. P-10268 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21157 There was presented Mayor and Council Communication No. C-21157 from the Courtney Homes, City Manager recommending that the City Council approve a five-year Inc. Municipal Property Tax Abatement for one real property owned by Courtney Homes, Inc., and located in the Ridglea Village/Como Neighborhood Empowerment Zone; find that statements set for in the recitals of the Tax Abatement Agreement with Courtney Homes, Inc., are true and correct; and authorize the City Manager to enter into a separate Tax Abatement Agreement with Courtney Homes, Inc., in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried eight (8) ayes to zero (1) nay, with Mayor Pro tem Silcox casting the descending vote. C-21158 There was presented Mayor and Council Communication No. C-21158 from the Concho City Manager recommending that the City Council authorize the City Manager Construction to execute a contract with Concho Construction, Inc., in the amount of Company, Inc. $4,476,785.07 for Salt Road Access from I.H. 20 Frontage Road to the South East Landfill. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 14 of 16 C-21159 There was presented Mayor and Council Communication No. C-21159 from the One Sendera City Manager recommending that the City Council authorize the City Manager Ranch, L.P., and to execute a community facilities agreement with One Sendera Ranch, L.P., and Two SR, L.P. Two SR, L.P., for the design of the Sendera Ranch Pump Station and Ground Storage Tank, the Northside II 42-inch Approach Water Main and the Northside III Water Main to serve the Sendera Ranch, Sendera Ranch East and adjacent developments. Council Member Espino made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21160 There was presented Mayor and Council Communication No. C-21160 from the Southside TIF and City Manager recommending that the City Council authorize the City Manager Central City Local to execute the agreement with Tax Increment Reinvestment Zone No. Four, Government City of Fort Worth, Texas (Southside TIF), and the Central City Local Corporation Government Corporation for funding of the Magnolia Green parking garage. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XV It appeared that the City Council set today as the date for the second pubic Second Public hearing for proposed voluntary annexation of approximately 326.56 acres of Hearing for land, or .51 square miles (more or less), located west of US Highway 287 and Proposed south of Blue Mound Road (AX-05-027, Vann Cattle/Todd Group). Mayor Voluntary Moncrief opened up the public hearing and asked if there was anyone present Annexation desiring to be heard. (AX-05-027, Vann Cattle/Todd Ms. Allison Gray, Development Coordinator, appeared before Council, gave a Group) staff report and stated that consideration of the proposed voluntary full purpose annexation ordinance was scheduled for December 6, 2005. There being no one present desiring to be heard in connection with the second public hearing, Council Member Davis made a motion, seconded by Council Member Haskin, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XV Mr. Darnell Ballard, 5501 Brubaker Lane, was recognized by Mayor Moncrief Citizen to address the Council relative to connecting the Hip Hop culture with the Presentations community, but was not present. Darnell Ballard CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE 15 of 16 Marie McDowell Ms. F. Marie McDowell, 3118 North Pecan Street, Fort Worth, appeared before the City Council regarding property inherited from her father at 3304 Ellis, along with a half brother and a sister. She advised Council that she was not the owner of the property, however, she had started receiving letters from the Code Compliance Department requesting her to take care of Code violations and to board the property up because it was substandard. She stated she had complied as much as possible. She stated that she could not get a permit to have the carport area torn down, since she was not the owner, and it eventually fell down. She stated she could not sell the property until the brother was located under a court order. She advised she needed assistance from the City to resolve the code violations and stated she wanted to tear down the house as it was substandard. Mayor Moncrief referred Ms. McDowell to City Attorney Yett. Darlia Hobbs Ms. Darlia Hobbs, representing EMANO Eagle Mt. Alliance of Neighborhood Organizations, 8113 Anchorage Place, appeared before the City Council and read a letter from Russ Brainard, 9309 Mountain Lake, relative to limiting the amount that could be spent on running for office, and then determine whether the job was worth more than $75.00 a week; term limits were already limited by the voters at the polls; and that forced annexation was wrong. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:12 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) Gregory D. Rowe v. City of Fort Worth, Civil Action No. 4:05- CV-00589-A; b) David A. Miller, Jay H Mathew, and Robert D. Matkin, Jr. v. City of Fort Worth, Civil Action No. 4-04-CV-622-Y; c) Reginald Bracey v. City of Fort Worth, Cause No. 04-24772-2; d) Erica Purvey vs. City of Fort Worth and Michael Brown, Cause No. 05-28632-2; e) Legal issues concerning property located at 4253 Westmont Court, owned by Ivan Harris; CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15,2005 PAGE 16 of 16 f) Legal issues concerning the Fort Worth Employees' Retirement Fund; g) Legal issues concerning hotel occupancy taxes owed by Ramada Plaza Hotel; h) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:00 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 1:00 p.m. in Adjournment memory of George Shannon, who served on the Water Board; retired 2nd Court of Appeals Judge Samuel Day; and also extended prayers and thoughts to Elsa and Joe Paniagua, in the death of Elsa's father, Isidro Ortiz. These minutes approved by the Fort Worth City Council on the 29th day of November, 2005. Attest: Approved: Marty Hendrix Michael . M ncrie City Secretary Mayor