HomeMy WebLinkAbout2012/09/18-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Present:
Mayor Betsy Price
Mayor Pro tem W.B. "Zim" Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Kelly Allen Gray, District 8
Council Member Joel Burns, District 9
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Mary J. Kayser, City Secretary
I. CALL TO ORDER
With a quorum of the City Council Members present, Mayor Price called the regular session of
the Fort Worth City Council to order at 10:02 a.m., on Tuesday, September 18, 2012, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102.
II. INVOCATION - Reverend Gena Anderson, First United Methodist Church
The invocation was provided by Reverend Gena Anderson, First United Methodist Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF
SEPTEMBER 11, 2012
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman,
that the Minutes of the Regular Meeting of September 11, 2012, be approved. The
motion carried unanimously 9 ayes to 0 nays.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 2 of 33
City Manager Higgins requested that Mayor and Council Communication No. PZ -2992 be
withdrawn from the Consent Agenda. Council Member Jordan requested that Mayor and Council
Communication No. G -17672 be withdrawn from the Consent Agenda and considered with the
rate and budget Mayor and Council Communications. There was no objection.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items to be continued or withdrawn by staff.
VII. CONSENT AGENDA
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
the Consent Agenda be approved as amended. The motion carried unanimously 9
ayes to 0 nays.
A. General - Consent Items
1. M &C G -17663 - Authorization to Accept and Execute an Agreement with Texas
Department of Transportation for a Green Ribbon Landscaping Planting
Program Grant in the Amount of $68,000.00 for Landscaping Improvements, an
Irrigation System and Landscape Maintenance Costs in the Historic Handley
Urban Village Streetscape Proiect and Adopt Appropriation Ordinance.
(COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the acceptance of a Green
Ribbon Landscaping Planting Program grant in the amount of $68,000.00 from the Texas
Department of Transportation (TxDOT) to fund landscaping improvements, an irrigation system
and landscape maintenance costs in the Historic Handley Urban Village streetscape project;
authorize the City Manager to execute a grant agreement with TxDOT to fund the improvements;
and adopt Appropriation Ordinance No. 20386 -09 -2012 increasing the estimated receipts and
appropriations in the Grants Fund subject to receipt of the grant, for the purpose of funding the
improvements.
2. M &C G -17664 - Authorize Contracts with G.A. Miller Enterprises, Inc., and H2O
Plumbing LLC, for the Priority Repair Program. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the City Manager or his
designee to execute one (1) year contracts with G.A. Miller Enterprises, Inc., and H2O Plumbing
LLC, for the Priority Repair Program; and authorize the City Manager or his designee to amend
the contracts, if necessary, to achieve project goals provided that the amendment is within the
scope of the project and in compliance with City policies and applicable laws and regulations
governing the use of federal funds.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 3 of 33
3. M &C G -17665 - Authorize Temporary Closure of Twelfth Street from Calhoun
Street to Jones Street in Order to Make Drainage, Sanitary Sewer, and Paving
Improvements. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize the temporary road
closure of Twelfth Street from Calhoun Street to Jones Street from September 19, 2012, to
December 17, 2012, in order to make drainage, sanitary sewer, and paving improvements.
4. M &C G -17666 - Approve Findings of Ground Transportation Coordinator
Regarding Application of Limo In DFW to Operate One Limousine Within the
City of Fort Worth and Adopt Ordinance Granting Such Authority. (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Consider and adopt the following
findings of the Ground Transportation Coordinator: the public necessity and convenience require
the operation of one (1) limousine upon the streets, alleys and thoroughfares in the City of Fort
Worth (City); Limo In DFW is qualified and financially able to conduct a limousine service
within the City; Limo In DFW has complied with the requirements of Chapter 34 of the City
Code; Limo In DFW presented facts in support of compelling demand and necessity for one (1)
limousine; and the general welfare of the citizens of the City will best be served by the addition
of one (1) limousine upon City streets, alleys and thoroughfares; adopt Ordinance No. 20387 -09-
2012 granting the privilege of operating authority to Limo In DFW, for the use of the streets,
alleys and public thoroughfares of the City in the conduct of its limousine business, which shall
consist of the operation of one (1) limousine for a one (1) year period beginning on the effective
date, providing for written acceptance by Limo In DFW, subject to and conditioned on Limo In
DFW complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort
Worth (1986), as amended.
5. M &C G -17667 - Authorize Execution of a Memorandum of Agreement with the
Texas Commission on Environmental Ouality for Enforcement of Motor Vehicle
Idling Restrictions Within Fort Worth. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of a
memorandum of agreement with the Texas Commission on Environmental Quality (TCEQ) for
the local enforcement of motor vehicle idling restrictions within Fort Worth for the current year
and subsequent years upon the mutual agreement of the City and TCEQ.
6. M &C G -17668 - Authorize Acceptance of a Monetary Donation from the Texas
Health Harris Methodist Foundation in the Amount of $6,780.00 to Cover the
Cost of Three Drug Take Back Boxes, Drug Transport Services and Drug
Destruction and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 4 of 33
The City Council approved the following recommendation: Authorize the acceptance of a
monetary donation from the Texas Health Harris Methodist Foundation in the amount of
$6,780.00 to cover the cost of three (3) drug take back boxes, drug transport services and drug
destruction; and adopt Appropriation Ordinance No. 20388 -09 -2012 increasing the estimated
receipts and appropriations in the Special Trust Fund, subject to receipt of the monetary
donation, for the purpose of funding the purchase for the Safe Communities Drug Overdose Task
Force.
7. M &C G -17669 - Authorize Acceptance of an Anonymous Donation in the Amount
of $12,500.00 for the Purchase of Equipment for Various Fire Stations, Authorize
Transfer in the Amount of $12,500.00 from the Special Gifts Fund to the General
Fund and Adopt Appropriation Ordinances. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the acceptance of a
monetary donation in the amount of $12,500.00 from an anonymous donor; adopt Appropriation
Ordinance No. 20389 -09 -2012 increasing the estimated receipts and appropriations in the Special
Gifts Fund, subject to receipt of the donation, for the purpose of transferring said funds to the
General Fund for the purchase of equipment for various Fire Stations; authorize the transfer in
the amount of $12,500.00 from the Special Gifts Fund to the General Fund; adopt Appropriation
Ordinance No. 20390 -09 -2012 increasing the estimated receipts and appropriations in the
General Fund, from available funds, subject to receipt of the donation for the purpose of the "'N
equipment; and authorize the purchase in accordance with City regulations and state laws.
8. M &C G-17670 - Authorize Office of Emergency Management to Apply for the
Fiscal Year 2013 Emergency Management Performance Grant, and if Awarded,
Authorize Execution of a Related Grant Contract with the Texas Division of
Emergency Management in the Estimated Amount of $144,426.00, Authorize
Transfer in the Amount of $144,426.00, as Required, for the City's Fifty Percent
Match from the General Fund to the Grants Fund, Authorize Interfund Loan for
Fiscal Year 2013 Expenditures, Authorize Transfer of Certain Funds and Eligible
Grant Costs and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the Office of Emergency
Management to apply for the Fiscal Year 2013 Emergency Management Performance Grant
from the Texas Division of Emergency Management in the approximate amount of $144,426.00
to reimburse expenditures from the City's Emergency Management program; if awarded the
grant: authorize the acceptance of and execution of a grant contract with the Texas Division of
Emergency Management for the amount of the award; authorize a non - interest bearing interfund
loan from the General Fund to the Grants Fund for interim financing to secure continuation of
the Emergency Management program from one (1) grant funding period to the next; authorize
the transfer of the Office of Emergency Management funds from the General Fund to the Grants
Fund in the amount of $144,426.00 as the City's match for the grant; authorize the transfer of
eligible grant costs from General Fund to Grants Fund; and adopt Appropriation Ordinance No. "1
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 5 of 33
20391 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the
amount of $288,852.00, subject to receipt of the grant, for the purpose of reimbursing
expenditures form the City's Emergency Management program.
9. M &C G-17671 - Adopt Appropriation Ordinance and Authorize Transfer of
Funds from the Special Trust Fund, Municipal Court Building Security Protect in
the Amount of $330,554.94 to Reimburse the General Fund for Fiscal Year 2011-
2012 Building Security and Enhancement Costs. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20392 -09 -2012 increasing the estimated receipts and appropriations in the Special Trust Fund,
Municipal Court Building Security Project, in the amount of $330,554.94, from available funds,
for the purpose of reimbursing the General Fund for Fiscal Year 2011 -2012 building security and
enhancement costs; and authorize the transfer from the Special Trust Fund, Municipal Court
Building Security Project to the General Fund.
B. Purchase of Equipment. Materials, and Services - Consent Items - None
C. Land - Consent Items
1. M &C L -15435 - Authorize Acauisition of a Fee Simple Interest in 0.608 Acres of
Land for Right -of -Way and Easement Interest in 0.573 Acres of Land for
Drainage, 0.619 Acres of Land for Slope and 0.738 Acres of Land for Temporary
Construction Owned by Lhoist North America of Texas Located at 3110 Precinct
Line Road for the Widening of Precinct Line Road from State Highway 10 to
Concho Trail for a Purchase Price of $650,000.00 and Estimated Closing Costs
Not to Exceed $5,000.00. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the acquisition of a fee
simple interest in 0.608 acre of land for right -of -way and easement interest in 0.573 acre of land
for drainage, 0.619 acre of land for slope and 0.738 acre of land for temporary construction
owned by Lhoist North America of Texas, formerly known as Chemical Lime, LTD, described
as Block 2, Lot 113, Texas Industries Addition, near the northeast corner of Precinct Line Road
and Trinity Boulevard, also known as 3110 Precinct Line Road, for the widening of Precinct
Line Road from State Highway 10 to Concho Trail, in the City of Fort Worth, Texas, for the
negotiated amount of $650,000.00 and pay estimated closing costs in the amount up to
$5,000.00; and authorize the acceptance of the conveyances, record the appropriate instruments
and pay the purchase price and the estimated closing costs.
E. Award of Contract - Consent Items
1. M &C C -25831 - Authorize Execution of an Agreement with McGriff, Seibels &
Williams of Texas, Inc., in the Amount of $62,500.00 for the First Year, for
Workers' Compensation Excess - Insurance Broker and Consulting Services. (ALL
COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 6 of 33
The City Council approved the following recommendation: Authorize the City Manager to
execute an agreement with McGriff, Seibels & Williams of Texas, Inc., for workers'
compensation excess - insurance broker and consulting services effective December 1, 2012, with
an initial three (3) year term and two (2) one (1) year renewal options, at a cost in the amount of
$62,500.00 for the first year.
2. M &C C -25832 - Authorize Direct Sale of a Tax - Foreclosed Property Located at
3513 Lebow Street to the City of Fort Worth in the Amount of $8,300.00 and
Authorize Purchase of the Tax - Foreclosed Property by the City of Fort Worth in
the Amount of $8,300.00, Plus Closing Costs and the Amount of $289.73 in Post
Judgment Taxes for the Lebow Channel Stormwater Managment Proiect.
(COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the direct sale of a tax -
foreclosed property located at 3513 Lebow Street, described as Lot 12, Block 16, Dixie Wagon
Mfg. Co. Addition, in the amount of $8,300.00, in accordance with Section 34.05 of the Texas
Tax Code to the City of Fort Worth; authorize the purchase of 3513 Lebow Street by the City of
Fort Worth in the amount of $8,300.00, plus closing costs and the amount of $289.73 in post
judgment taxes for the Lebow Channel storm water management project; and authorize the
execution and recording of the appropriate instruments conveying the property to complete the
sale and purchase.
3. M &C C -25833 - Authorize Execution of Change Order No. 2 to Citv Secretar
Contract No. 42079 with JLB Contracting, LLC, in the Amount of $58,455.40 for
Hot Mix Asphaltic Concrete Surface Overlay 2011 -12 at Various Locations,
Thereby Increasing the Total Contract Amount to $976,984.90. (COUNCIL
DISTRICT 6)
The City Council approved the following recommendation: Authorize the execution of Change
Order No. 2 to City Secretary Contract No. 42079 with JLB Contracting, LLC, in the amount of
$58,455.40 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -12 at various locations,
thereby increasing the total contract amount to $976,984.90.
4. M &C C -25834 - Authorize Execution of Change Order No. 1 to Citv Secretar
Contract No. 42472 with Peachtree Construction, Ltd., in the Amount of
$185,506.80 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -18 at Multiple
Locations, Thereby Increasing the Total Contract Amount to $1,157,169.80 and
Adopt Appropriation Ordinances. (COUNCIL DISTRICT 2)
1
The City Council approved the following recommendation: Authorize the transfer in the amount
of $74,202.72 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in
the amount of $44,521.63 and the Sewer Capital Project Fund in the amount of $29,681.09;
adopt Appropriation Ordinance No. 20393 -09 -2012 increasing the estimated receipts and "
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 7 of 33
appropriations in the Water Capital Projects Fund, from available funds, for the purpose of hot
mix asphaltic concrete on Goldenrod Avenue and Highcrest Avenue; adopt Appropriation
Ordinance No. 20394 -09 -2012 increasing the estimated receipts and appropriations in the Sewer
Capital Projects Fund, from available funds, for the same purpose; and authorize the execution of
Change Order No. 1 to City Secretary Contract No. 42472 with Peachtree Construction, Ltd., in
the amount of $185,506.80 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -18 at multiple
locations, thereby increasing the total contract in the amount of $1,157,169.80.
5. M &C C -25835 - Authorize Execution of Change Order No. 2 to Citv Secretar
Contract No. 41968 with JLB Contracting, LLC, in the Amount of $63,932.76 for
Hot Mix Asphaltic Concrete Surface Overlay 2011 -7 at Multiple Locations,
Thereby Increasing the Total Contract Amount to $841,876.41. (COUNCIL
DISTRICT 8)
The City Council approved the following recommendation: Authorize the execution of Change
Order No. 2 to City Secretary Contract No. 41968 with JLB Contracting, LLC, in the amount of
$63,932.76 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -7 on S. Chandler Drive, from
E. 4th Street to Galvez Avenue, thereby increasing the total contract amount to $841,876.41.
6. M &C C -25836 - Authorize Execution of Amendment No. 3 to City Secretary
�► Contract No. 39764, with Graham Associates, Inc., in the Amount of $49,125.00
for Additional Engineering Services for Hulen Street from McPherson Boulevard
to West Cleburne Road Resulting in a Total Contract Amount of $305,163.00.
(COUNCIL DISTRICT 6)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 3 to City Secretary Contract No. 39764 with Graham Associates, Inc., in the
amount of $49,125.00, for additional engineering services for Hulen Street, from McPherson
Boulevard to West Cleburne Road, adding to the scope of work for an increase in fee, thereby
revising the original contract amount to $305,163.00.
7. M &C C -25837 - Authorize Execution of Change Order No. 2 to Citv Secretar
Contract No. 41730 with McClendon Construction Company, Inc., in the Amount
of $3,000.00 for Pavement and Drainage Improvements for McAlister Road from
Union Pacific Railroad to Interstate Highway 35W for a Total Contract Cost in
the Amount of $1,187,551.31. (COUNCIL DISTRICT 6)
The City Council approved the following recommendation: Authorize the execution of Change
Order No. 2 to City Secretary Contract No. 41730 with McClendon Construction Company, Inc.,
in the amount of $3,000.00, for pavement and drainage improvements for McAlister Road, from
Interstate Highway 35W southbound frontage road to west of the Union Pacific Railroad,
thereby, revising the total contract cost to $1,187,551.31.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 8 of 33
8. M &C C -25838 - Authorize Execution of a Contract with Jackson Construction,
Ltd., in the Amount of $398,720.00 for the Lochwood Court Drainage
Improvements Project. (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize execution of a contract
with Jackson Construction, Ltd., in the amount of $398,720.00 for construction of the Lochwood
Court Drainage Improvements project.
9. M &C C -25839 - Authorize Execution of a Contract with Humphrey & Morton
Construction Company, Inc., in the Amount of $515,584.31 for the Sarita Channel
Drainage Improvements and Adopt Appropriation Ordinance. (COUNCIL
DISTRICT 3)
The City Council approved the following recommendation: Authorize the transfer of $36,939.31
from the Water and Sewer Operating Fund to the Stormwater Capital Projects Fund; adopt
Appropriation Ordinance No. 20395 -09 -2012 increasing the estimated receipts and
appropriations in the Stormwater Capital Projects Fund, from available funds, for the purpose of
construction of the Sarita Channel Drainage Improvements Project; and authorize the execution
of a contract with Humphrey & Morton Construction Company, Inc., in the amount of
$515,584.31 for construction of the project.
10. M &C C -25840 - Authorize Execution of an Agreement with Brown & Gay
Engineers, Inc., in the Amount of $650,000.00 for Development and
Implementation of a Stormwater Master Plan. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of an
agreement with Brown & Gay Engineers, Inc., in the amount of $650,000.00 for assistance with
the development and implementation of a Stormwater Master Plan, including three (3) optional
renewals, subject to available funds.
11. M &C C -25841 - Authorize Execution of a Contract with Woody Contractors,
Inc., in the Amount of $881,289.00 for the Rolling Hills Drainage Improvement
Project. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the execution of a contract
with Woody Contractors, Inc., in the amount of $881,289.00 for the Rolling Hills Drainage
Improvement Project.
12. M &C C -25842 - Authorize Amendment to Police Department Towing Contracts
to Extend the Term for One Year with Compliant Wrecker Companies for Police
Initiated Towing Services. (ALL COUNCIL DISTRICTS)
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CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 9 of 33
The City Council approved the following recommendation: Authorize an amendment to Police
Department towing contracts to extend the term for one (1) year with compliant wrecker
companies for police initiated towing services.
13. M &C C -25843 - Adopt Resolution Authorizing an Increase in the Amount of
$200,000.00 to the Maximum Amount to be Paid to S.G. Johndroe, III and the
Law Firm Cantey Hanger, LLP, as Outside Counsel for Legal Matters Related to
the Alliance Airport Runway Extension Project for a Total Amount of
$900,000.00. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Adopt Resolution No. 4128 -09 -2012
to increase the amount to be paid to S.G. Johndroe, III and the law firm of Cantey Hanger, LLP,
as outside legal counsel for the Alliance Airport Runway Extension Project in the amount of
$200,000.00, not to exceed $900,000.00.
14. M &C C -25844 - Authorize Execution of a Hangar and Ground Lease Agreement
with Texas Jet, Inc., for Lease Site IN at Fort Worth Meacham International
Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a hangar
and ground lease agreement with Texas Jet, Inc., for lease site IN at Fort Worth Meacham
International Airport.
15. M &C C -25845 - Authorize Execution of a Hangar and Ground Lease Agreement
with Texas Jet, Inc., for Lease Sites 25S and 26S at Fort Worth Meacham
International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a hangar
and ground lease agreement with Texas Jet, Inc., for lease sites 25S and 26S at Fort Worth
Meacham International Airport.
16. M &C C -25846 - Authorize Execution of an Engineering Agreement with CDM
Smith, Inc., in the Amount of $930,141.00 for Process Studies and Conceptual
Design of The Peak Flow Management Facilities at Village Creek Water
Reclamation Facility. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize execution of an
engineering agreement with CDM Smith, Inc., in the amount of $930,141.00 for process studies
and conceptual design of the peak flow management facilities at Village Creek Water
Reclamation Facility.
17. M &C C -25847 - Authorize Execution of an Engineering Agreement with Teague
Nall & Perkins, Inc., in the Amount of $410,620.00 for Southeast Water Main
Extensions Including a Twenty -Four Inch Water Main Extension Along Anglin
Drive, Timberview Drive and Shelby Road to Fossil Hill Drive and a Similar
00011, Extension Along Joel East Road and Wichita Street. (COUNCIL DISTRICT 5)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 10 of 33
The City Council approved the following recommendation: Authorize the execution of a contract
with Teague Nall & Perkins, Inc., in the amount of $410,620.00 for southeast water main
extensions including a 24 -inch water main extension along Anglin Drive, Timberview Drive and
Shelby Road to Fossil Hill Drive and a similar extension along Joel East Road and Wichita
Street.
18. M &C C -25848 - Authorize Execution of an Engineering Agreement in the
Amount of $193,110.00 with EJES Incorporated, for Sanitary Sewer Replacement
Contract 91 in an Area Bounded by South Hills Avenue, South Ridge Terrace,
West Fuller Avenue, Merida Avenue, Cockrell Avenue and Trail Lake Drive and
Adopt Appropriation Ordinance. (COUNCIL DISTRICT 3)
The City Council approved the following recommendation: Authorize the transfer of
$203,110.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt
Appropriation Ordinance No. 20396 -09 -2012 increasing the estimated receipts and
appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of
Sanitary Sewer Rehabilitation Contract 91 in an area bounded by South Hills Avenue, South
Ridge Terrace, West Fuller Avenue, Merida Avenue, Cockrell Avenue and Trail Lake Drive; and
authorize the City Manager to execute a contract in the amount of $193,110.00 with EJES,
Incorporated for the project.
19. M &C C -25849 - Authorize Acceptance of a WaterSMART Title XVI Grant from
the U.S. Department of the Interior Bureau of Reclamation in the Amount of
$150,000.00, Authorize Acceptance of a Contribution from the Tarrant Regional
Water District in the Amount of $32,000.00, Authorize Execution of a Professional
Services Agreement with Alan Plummer Associates, Inc., to Perform a Feasibility
Study for the Central Fort Worth Reclaimed Water Delivery System in the
Amount Not to Exceed $288,520.00 and Adopt Appropriation Ordinance.
(COUNCIL DISTRICTS 4,5 and 8)
The City Council approved the following recommendation: Authorize the acceptance of
WaterSMART Title XVI Grant from the U.S. Department of the Interior Bureau of Reclamation
in the amount of $150,000.00 for a feasibility study for the Central Fort Worth Reclaimed Water
Delivery System; authorize the acceptance from the Tarrant Regional Water District of a
$32,000.00 non -grant contribution for a feasibility study for the Central Fort Worth Reclaimed
Water Delivery System; approve the transfer from the Water and Sewer Fund in the amount of
$106,520.00 to the Grants Fund to count towards the City's match; authorize the amount of
$15,497.00 from the Water and Sewer Fund as in -kind matching funds for this grant; adopt the
Appropriation Ordinance No. 20397 -09 -2012 increasing the estimated receipts and
appropriations in the Grants Fund in the amount of $304,017.00, $150,000.00 is subject to
receipt of the grant, remaining from available funds, for the purpose of the study; and authorize
the execution of a professional services agreement with Alan Plummer Associates, Inc., in the
amount not to exceed $288,520.00 to perform the study.
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CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
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20. M &C C -25850 - Authorize the Execution of an Engineering Agreement with Halff
Associates, Inc., in the Amount of $535,543.00 for Engineering Services Needed to
Obtain FEMA Levee Certification for the Village Creek Water Reclamation
Facility Main Plant Site Levee and the Sludge Only Landfill Levee, Sludge De-
Watering Facility Site. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the execution of an
engineering agreement with Halff Associates, Inc., in the amount of $535,543.00, for
engineering services needed to obtain FEMA levee certification for the Village Creek Water
Reclamation Facility main plant site levee and the Sludge Only Landfill levee, Sludge de-
watering facility site.
21. M &C C -25851 - Authorize Execution of Change Order No. 7 to City Secretary
Contract No. 38806 with McCarthy Building Companies, Inc., in the Amount of
$145,343.00 for Construction of the Westside Water Treatment Plant Located at
12200 Old Weatherford Road, Thereby Increasing the Contract Amount to
$47,455,478.67. (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize the execution of Change
Order No. 7 to City Secretary Contract No. 38806 with McCarthy Building Companies, Inc., in
the amount of $145,343.00 for construction of the Westside Water Treatment Plant, located at
12200 Old Weatherford Road, thereby increasing the contract amount to $47,455,478.67.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1862 - Notice of Claims for Alleged Damages and/or Iniuries
End of Consent Agenda.
D. Planning & Zoning - Removed from the Consent Agenda for Individual
Consideration
1. M &C PZ -2992 - Adopt Ordinance Changing the Name of Bell Spur Road to Bell
Helicopter Boulevard from Hurst Boulevard to Trinity Boulevard (COUNCIL
DISTRICT 5)
Mr. Brian Chase, 600 East Hurst Boulevard, completed a speaker card in support of Mayor and
Council Communication No. PZ -2992, but did not wish to address the Council.
It was recommended that the City Council adopt an Ordinance changing the name of Bell Spur
Road to "Bell Helicopter Boulevard" from Hurst Boulevard to Trinity Boulevard.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. PZ -2992 be approved and Ordinance
001. No. 20398 -09 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 12 of 33
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of Proclamation for National Night Out in Texas
Mayor Price presented the Proclamation for National Night Out in Texas to Chief Jeff Halstead,
Police Department. She stated that the National Association of Town Watch (NATW) in
conjunction with the City of Fort Worth was sponsoring a unique, nationwide crime, drug and
violence prevention program on October 2, 2012, entitled "National Night Out in Texas" where
police- community partnerships, neighborhood safety, awareness and cooperation were important
themes. She called upon all citizens of Fort Worth to join the Fort Worth Police Department and
the National Association of Town Watch in supporting the "28th Annual National Night Out in
Texas."
Chief Halstead expressed appreciation for the Proclamation and encouraged everyone to meet
and visit with their Neighborhood Police Officers on October 2, 2012.
2. Presentation of Proclamation for the "Texting & Driving - It Can Wait" Program
"
Mayor Pro tern Zimmerman presented the Proclamation for the "Texting & Driving - It Can '1,
Wait" Program to Chief Jeff Halstead, Police Department and Mr. David D. Parker, Vice
President, AT &T External Affairs. He stated that the National Highway Traffic Safety
Administration and the Virginia Tech Transportation Institute estimated that nearly 80 percent of
crashes and 65 percent of near crashes involved some form of driver inattention. He further
stated that the American Media Association called text messaging while driving "a public health
risk," citing a study that found text messaging while driving caused a 400 percent increase in
time spent with eyes off the road. He encouraged all citizens to commit to refraining from texting
while driving as public safety, including the reduction of fatalities and injuries resulting from
motor vehicle accidents were some of the highest priorities of the City of Fort Worth.
Mr. Parker expressed appreciation for the Proclamation and encouraged everyone to refrain from
texting while driving as a matter of public safety.
3. Presentation of the 1st Annual Cowtown Battle of the Bands
Ms. Melinda Hamilton, President, Carver Heights East NA/East Fort Worth Neighborhood
Coalition made the presentation for the first annual Cowtown "Battle of the Bands ". She stated
that the event would be held on September 29, 2012, at Herman Clarke Stadium. She further
stated that there would be a special performance by Texas Southern University Drumline "Ocean
of Soul and advised that Carter Riverside, Dunbar, Eastern Hills, Lancaster, Northside, OD
Wyatt, Poly, and Southwest high schools would all be participating. She invited everyone to
attend the event and provided the Council Members with complimentary tickets to the event. "'1
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 13 of 33
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
L Upcoming and Recent Events
Mayor Pro tem Zimmerman announced that the Fort Worth Music Festival would be held
September 28 -29, 2012, at Will Rogers Memorial Center. He stated for more information to
contact www.fwfest.com.
Council Member Espino announced that Hispanic Heritage Month began on September 15, 2012,
and would go through October 15, 2012. He expressed appreciation to All Saints Catholic
Church for the recent celebrations and encouraged everyone to attend the various parades and
other activities that would occur over the next month.
Council Member Scarth announced that he attended the Code Blue Luncheon and Seminar and
the Cruisin for a Cure Car Show last weekend. He expressed appreciation to everyone involved
in both activities.
Mayor Price announced that she attended a Hispanic Heritage event at La Gran Plaza last
weekend and pointed out that over 30,000 people attended the event. She also stated that she
00w along with Council Member Shingleton were chairing a new program called Fit Worth which
focused on youth health and physical fitness. She pointed out that 100 schools were already
signed up to participate in the program.
2. Recognition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
Motion: Mayor Price made a motion, seconded by Council Member Shingleton, that
Council Member Kelly Allen Gray be appointed to the Court Committee. The
motion carried unanimously 9 ayes to 0 nays.
X11. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS,
COMMISSIONS AND /OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City
Council committees.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 14 of 33
Secretary Kayser advised that items, "XIII. BUDGET HEARING"; "XIV. ORDINANCES"
number 1 through 3; and "XV. RESOLUTIONS" number 1 would be moved down the Agenda
and considered after all of the items under "XVI. REPORT OF THE CITY MANAGER ".
XV. RESOLUTIONS
2. A Resolution Amending the City Council's Rules of Procedure to Establish a
Standing Date to Hold the Election for the Office of Mayor Pro Tem
It was recommended that the City Council adopt a Resolution amending the City Council's Rules
of Procedure to establish a standing day to hold the election for the office of Mayor Pro tem.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton,
that the rules be suspended so that action could be taken on this Resolution tonight.
The motion carried unanimously 9 ayes to 0 nays.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton,
that Resolution No. 4129 -09 -2012 be adopted. The motion carried unanimously 9
ayes to 0 nays.
3. A Resolution Establishing an Energy Conservation Goal in Compliance with State
of Texas Legislative Action
It was recommended that the City Council adopt a Resolution establishing an energy
conservation goal in compliance with State of Texas Legislative Action.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Resolution No. 4130 -09 -2012 be adopted. The motion carried unanimously 9
ayes to 0 nays.
XVI. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General
1. M &C G -17673 - Authorize Acceatance of a Monetary Gift from the Friends of the
Fort Worth Nature Center & Refuge, Inc., in the Amount of $45,000.00 to Fund
Architectural and Engineering Design Plans for Restoration of the Broadview
Park Picnic Area at the Fort Worth Nature Center & Refuge and Adopt
Supplemental Appropriation Ordinance. (COUNCIL DISTRICT 7)
W
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 15 of 33
It was recommended that the City Council authorize the acceptance of a monetary gift from the
Friends of the Fort Worth Nature Center & Refuge, Inc., in the amount of $45,000.00 for the
purpose of funding architectural and engineering design plans for the restoration of the
Broadview Park Picnic Area at the Fort Worth Nature Center & Refuge; and adopt a
Supplemental Appropriation Ordinance increasing the estimated receipts and appropriations in
the General Fund, subject to receipt of the monetary gift, for the purpose of funding the project.
Mr. Rick Shepherd, President, Friends of the Fort Worth Nature Center, appeared before Council
in support of Mayor and Council Communication No. G- 17673.
Council Member Shingleton expressed appreciation to the Friends of the Fort Worth Nature
Center for the generous donation.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. G -17673 be approved and
Supplemental Appropriation Ordinance No. 20399 -09 -2012 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
2. M &C G-17674 - Conduct a Public Hearing and Approve a Mid -Year Fiscal Year
2012 Crime Control and Prevention District Budget Amendment in the Amount
of $16,000,000.00 to Fund the Amount of $10,000,000.00 for the Police Training
Academy and the Amount of $6,000,000.00 for Mobile Data Computer
Replacements, Authorize Transfer to the Public Safety Training Facility Fund
and Adopt Supplemental Appropriation Ordinances. (ALL COUNCIL
DISTRICTS) (PUBLIC HEARING)
It was recommended that the City Council conduct a public hearing, as required by law,
regarding a Mid -Year Fiscal Year 2012 Crime Control and Prevention District Budget
Amendment in the total amount of $16,000,000; approve the Mid -Year Fiscal Year 2012 Crime
Control and Prevention District Budget Amendment; adopt a Supplemental Appropriation
Ordinance increasing the estimated receipts and appropriations in the Crime Control and
Prevention District (CCPD) Fund in the amount of $16,000,000.00 and decreasing the assigned
fund balance by the same amount, for the purpose of transferring $10,000,000.00 of said funds to
the Public Safety Training Facility Fund for the Police Training Academy and using
$6,000,000.00 for the mobile data compater replacements; authorize the transfer from the CCPD
Fund to the Public Safety Training Facility Fund; and adopt Supplemental Appropriation
Ordinance increasing the estimated receipts and appropriations in the Public Safety Training
Facility Fund, from available funds, for the purpose of funding the Police Training Academy.
Mayor Price opened the public hearing.
a. Report of City Staff
Ms. Shallah L. Graham, Senior Administrative Services Manager, Police Department, appeared
before Council and provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 16 of 33
b.
Citizen Presentations
Mr. Stephen Hall, 904 Collier, submitted a comment card in support of Mayor and Council
Communication No. G- 17674.
C. Council Action
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G -17674 be approved and Supplemental
Appropriation Ordinance Nos. 20400 -09 -2012 and 20401 -09 -2012 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
3. M &C G -17675 - Adopt Ordinance Amending Section 15 -51 Gas Well Fees of
Article 1.11 of Chapter 15 of the City Code to Increase the Annual Fee Per Well
from the Amount of $500.00 to the Amount of $600.00 Per Well. (ALL COUNCIL
DISTRICTS)
It was recommended that the City Council adopt an Ordinance amending the Code of Ordinances
of the City of Fort Worth (1986), as amended, by amending Section 15 -51 "Gas Well Fees" of
Article III of Chapter 15, "Gas ", entitled, "Gas Drilling and Production Fees" to increase the
annual fees per well; adding the provision "Per Well" where necessary to increase the annual fee
per well from the amount of $500.00 to the amount of $600.00 per well.
Mr. Gary Hogan, 2117 Rolling Creek Run, submitted a comment card in opposition to Mayor
and Council Communication No. G- 17675.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. G -17675 be approved and Ordinance
No. 20402 -09 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays.
4. M &C G -17676 - Authorize Amendment of Schedule of Rates and Charges for the
Municipal Parking System at the Will Rogers Memorial Center. (COUNCIL
DISTRICT 7)
It was recommended that the City Council authorize the implementation of a variable rate fee
schedule and maximum rates for special events and monthly parking at the Will Rogers
Memorial Center Parking System.
Mr. Carlo Capua, 1204 West Oleander Street, completed a speaker card in support of Mayor and
Council Communication No. G -17676 and was recognized by Mayor Price, but was not present
in the Council Chamber.
bo
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 17 of 33
Council Member Scarth reminded staff that accommodations must be made for handicapped
individuals who needed to use the automated parking meters.
Council Member Shingleton pointed out that this parking change would better facilitate parking
needs across the City.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G -17676 be approved. The motion
carried unanimously 9 ayes to 0 nays.
5. M &C G -17677 - Adopt Fiscal Year 2012 -2013 Schedule of Rates and Charges for
the City of Fort Worth Airports. (COUNCIL DISTRICTS 2 and 8)
It was recommended that the City Council adopt the Fiscal Year 2012 -2013 Schedule of Rates
and Charges for the City of Fort Worth Airports.
Motion: Council Member Shingleton made a motion, seconded by Council Member Allen
Gray, that Mayor and Council Communication No. G -17677 be approved. The
motion carried unanimously 9 ayes to 0 nays.
6. M &C G-17678 - Establish an Annual Fee for Backflow Tester Registration. a Fee
for Submittal of Backflow Prevention Assembly Test Sheets and Amending the
Existing Fee Associated with Inspection and Testing of Backflow Prevention
Assemblies in Chapter 12.5 and Chapter 26 of the City Code Effective January 1,
2013 and Amending Sections 12.5 -548 and 12.5 -549 and Adding Section 12.5 -550.
(ALL COUNCIL DISTRICTS)
It was recommended that the City Council adopt an Ordinance amending the Code of the City of
Fort Worth (1986), as amended, Chapter 12.5 "Environmental Protection and Compliance ",
Article V , "Public Drinking Water, Division I11, "Cross Connection Control ", Subdivision
"Backflow Prevention Assembly Testers ", amending Sections 12.5 -548 and 12.5 -549 and adding
Section 12.5 -550; reserving Sections 12.5 -551 through 12.5 -554; amending Table 106.6.2(1) of
Chapter 26, "Plumbing Code" and revising the fees for testing and inspecting backflow
prevention assemblies.
Council Member Scarth requested clarification from staff relative to when the inspections would
take place and to whom they would apply.
Mr. Frank Crumb, Director, Water Department, clarified that the inspections would be performed
on new developments that were putting in backflow devices on high hazard water uses initially
when the device was installed and then a third party inspector would be performing the
inspections. He stated that these fees would generally not apply to residential consumers.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 18 of 33
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. G -17678 be approved and Ordinance
No. 20403 -09 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays.
The following Mayor and Council Communication No. G -17672 was removed from the Consent
Agenda for individual consideration.
A. General - Removed from Consent Agenda for Individual Consideration
t0. M &C G17672 - Authorize Transfer from the Fiscal Year 2012 Water and Sewer
Fund to the Specially Funded Capital Projects Fund in the Amount of $973,483.58
and Adopt Appropriation Ordinance to Support the Fort Worth Public Art
Program. (ALL COUNCIL DISTRICTS)
It was recommended that the City Council authorize the transfer in the amount of $973,483.58
from the Fiscal Year 2012 Water and Sewer Fund to the Specially Funded Capital Projects Fund;
adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the
Specially Funded Capital Projects Fund, from available funds, for the purpose of program
administration, conservation and maintenance of the Fort Worth Public Art collection for new
public art projects and initiatives.
Council Member Jordan requested clarification from staff relative to which fund the money
would be transferred from.
Mr. Fernando Costa, Assistant City Manager, clarified that the transfer would come from the
Operating Fund.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G -17672 be approved and Ordinance No.
20404 -09 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays.
Council continued with the regular order of the Agenda.
7. M &C G-17679 - Adopt Ordinance Revising Retail Water and Wastewater Rates
and Charges for Volume Usage and Amending Sections 35 -56 (b), (c) and (d),
Article III Charges of Chapter 35 Water and Sewers of the City Code Effective
January 1, 2013. (ALL COUNCIL DISTRICTS)
It was recommended that the City Council adopt an Ordinance amending Section 35- 56(b), (c)
and (d) Article III of Chapter 35, "Water and Sewers ", of the Code of the City of Fort Worth
(1986), as amended, by revising and adding certain volume rates and charges, effective
January 1, 2013.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 19 of 33
Council Member Jordan requested clarification from Mr. Crumb regarding whether the staff
recommendation was to raise both retail water and wastewater rates.
Mr. Crumb clarified that the staff recommendation was to raise both retail water and wastewater
rates. He also pointed out that funds were also budgeted for 2014.
Discussion ensued amongst the Council Members regarding revising the retail water and
wastewater rates as well as usage and conservation.
Mr. Horatio Porter, Budget Manager, City Manager's Office, advised that denying this item
would affect the budget in the amount of $400,000.00.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -17679 be approved. The motion failed 4
ayes to 5 nays, with Mayor Price and Council Members Jordan, Moss, Scarth and
Allen Gray casting the dissenting votes..
8. M &C G -17680 - Adopt Ordinance Amending Chapter 35 of the City Code, Water
and Sewers, Article III, Charges and Revising the Land Use Assumptions, Capital
Improvements Plan and Impact Fee Schedules for Water and Wastewater
Facilities (ALL COUNCIL DISTRICTS)
It was recommended that the City Council adopt an Ordinance amending Chapter 35, "Water and
Sewers ", of the Code of the City of Fort Worth (1986) as amended, by amending Article III
"Charges ", Division 2 "Water and Wastewater Impact Fees ", Exhibit A, incorporated by
reference into Section 35- 70.2(a); furthermore, by amending Exhibit B, incorporated by
reference into Section 35- 70.2(b); further, by amending Schedule 1, incorporated by reference
into sections 35- 70.3(a), 35 -73(a) and 35- 78(a); further, by amending Schedule 2, incorporated
by reference into Section 35- 70.3(b), 35 -73(b) and 35- 78(b); further, by amending Exhibit C,
incorporated by reference into Section 35- 71(a); further, by amending Exhibit D, incorporated by
reference into Section 35- 72(a); further, by amending Exhibit E, incorporated by reference into
Section 35- 76(a); further, by amending Exhibit F, incorporated by reference into Section 35-
77(a).
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman, that Mayor and Council Communication No. G -17680 be approved
and Ordinance No. 20406 -09 -2012 be adopted. The motion carried unanimously 9
ayes to 0 nays.
Mr. Crumb requested that the Council consider splitting Mayor and Council Communication No.
G -17679 and approve revising the wastewater rates but deny revising the retail water rates.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 20 of 33
7. M &C G -17679 - Adopt Ordinance Revising Retail Water and Wastewater Rates
and Charges for Volume Usage and Amending Sections 35 -56 (b), (c) and (d),
Article III Charges of Chapter 35 Water and Sewers of the City Code Effective
January 1, 2013. (ALL COUNCIL DISTRICTS)
It was recommended that the City Council adopt an Ordinance amending Section 35- 56(b), (c)
and (d) Article III of Chapter 35, "Water and Sewers ", of the Code of the City of Fort Worth
(1986), as amended, by revising and adding certain volume rates and charges, effective January
1, 2013.
City Attorney Fullenwider advised of the proper procedure to reconsider the item.
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G -17679 be reconsidered. The motion
carried 8 ayes to I nay, with Council Member Jordan casting the dissenting vote.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G -17679 be approved, with the
amendment to delete paragraph number 3 of the Discussion section in Mayor and
Council Communication No. G -17679 relating to a 3.26 percent increase for retail
water service for all customer classes and approving the wastewater rate increase of
2.60 percent system -wide and varies by established cost of service by customer
class and Ordinance No. 20405 -09 -2012 be adopted as amended. The motion
carried 8 ayes to 1 nay, with Council Member Jordan casting the dissenting vote.
9. M &C G -17681 - Adopt Ordinance Revising Wholesale Water, Wastewater and
Raw Water Service Rates and Amending Chapter 35 Water and Sewers, Article
III Charges, Sections 35 -56 (g) and (h) of the City Code. (ALL COUNCIL
DISTRICTS)
It was recommended that the City Council adopt an Ordinance amending the Code of the City of
Fort Worth (1986), as amended, Chapter 35 "Water and Sewers ", Article III, "Charges ", Section
35 -56, "Water and Sewer Rates within the City" by amending Subsections (g) through (h),
revising wholesale and raw water rates for water and wastewater.
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns,
that Mayor and Council Communication No. G -17681 be approved and Ordinance
No. 20407 -09 -2012 be adopted. The motion carried 8 ayes to 1 nay, with Council
Member Jordan casting the dissenting vote.
C. Purchase of Equipment, Materials, and Services
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 21 of 33
1. M &C P -11428 - Authorize Amendment to Extend the Existing Specialty Assets
Investment Account Agreement with JP Morgan Chase Bank, N.A., for an
Additional Amount Up to $60,000.00 for Oil and Gas Mineral Banking Services.
(ALL COUNCIL DISTRICTS)
It was recommended that the City Council authorize an amendment to extend the existing
specialty assets investment account agreement with JP Morgan Chase Bank, N.A., for oil and gas
mineral banking services for an additional amount of $60,000.00 for a total agreement in the
amount up to $540,000.00 and to extend the term of the agreement until a contract for banking
and trust services can be awarded, finalized and executed or until April 13, 2013, whichever is
soonest.
Mayor Pro tem Zimmerman and Council Members Espino, Burns, Allen Gray, Jordan and Scarth
stated that they had a normal banking relationship with JP Morgan Chase Bank, N.A.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. P -11428 be approved. The motion
carried unanimously 9 ayes to 0 nays.
D. Land
1. M &C L -15436 - Authorize Execution of a License Agreement Granting Texas
Midstream Gas Services, L.L.C., a License to Construct and Operate an Eight
Inch Natural Gas Pipeline and Valve Station at the Village Creek Wastewater
Treatment Plant, 4500 Wilma Lane, for a One -Time License Fee in the Amount of
$192,341.60. (COUNCIL DISTRICT 5)
It was recommended that the City Council authorize execution of a license agreement with Texas
Midstream Gas Services, L.L.C., for a one (1) time license fee in the amount of $192,341.60 and
granting a license to construct and operate an eight (8) inch natural gas pipeline and valve station
at City -owned property known as the Village Creek Wastewater Treatment Plant, located at 4500
Wilma Lane, for a term of 20 years.
Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. L -15436 be approved. The motion carried
unanimously 9 ayes to 0 nays.
2. M &C L -15437 - Approve Acceptance of Lease Agreement with Vantage Fort
Worth Energy LLC, in the Amount of $42,429.50 for Natural Gas Drilling Under
8.4859 Acres of Martin Luther King Park and Community Center Located at
5565 Truman Drive. (COUNCIL DISTRICT 5)
CITY OF FORT WORTH, TEXAS
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SEPTEMBER 18, 2012
Page 22 of 33
It was recommended that the City Council approve the acceptance of a lease agreement in the
amount of $42,429.50 for natural gas drilling under 8.4859 acres more or less of City -owned
property known as Martin Luther King Park and Community Center to Vantage Fort Worth
Energy, LLC, for a two (2) year primary term.
Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council in opposition to Mayor
and Council Communication No. L- 15437.
Mr. Michael Appleman, 2600 block of Highview Terrace, submitted a comment card in
opposition to Mayor and Council Communication No. L- 15437.
Council Member Moss clarified that the drilling to harvest the minerals under the park would
occur offsite.
Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. L -15437 be approved. The motion carried
unanimously 9 ayes to 0 nays.
3. M &C L -15438 - Authorize Condemnation by Eminent Domain of a Fee Simple
Interest in 0.3620 Acres of Vacant Land Located Southeast of the Intersection of
Old Denton Road and Golden Triangle Boulevard Owned by David, Jonathan
and Catherine Riddel for the Old Denton Road Widening Proiect from Golden
Triangle Boulevard to Heritage Trace Parkway. (COUNCIL DISTRICT 2)
It was recommended that the City Council declare that negotiations between the City and the
landowner to acquire a fee simple interest in 0.3620 acre of vacant land, owned by David,
Jonathan and Catherine Riddel, and known as 10700 Old Denton Road, Abstract No. 999, Tract
12D01, of the William McCowen Survey, City of Fort Worth, Tarrant County, Texas, were
unsuccessful because of the inability to reach an agreement to purchase; declare the necessity to
acquire the fee simple interest in the subject property for the widening of Old Denton Road from
Golden Triangle Boulevard to Heritage Trace Parkway; authorize the City Attorney to institute
condemnation by eminent domain proceedings for a fee simple interest in 0.3620 acre of vacant
land to be used for right -of -way; authorize the payment pursuant to an award of commissioners
and /or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the
acceptance and recording of appropriate instruments.
"+
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. L -15438 and that the Fort Worth City
Council authorize the use of the power of eminent domain to acquire 0.3620 acre
for a fee simple right -of -way taking needed for the Old Denton Road widening
project from the tract of land known as Abstract No. 999, Tract 12D01, William
McCowen Survey, Tarrant County, Texas, also known as 10700 Old Denton Road
located Southeast of the corner of Old Denton Road and Golden Triangle 'ON
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 23 of 33
Boulevard. The land rights will be used to widen Old Denton Road to a four (4)
lane divided arterial from Golden Triangle Boulevard to Heritage Trace Parkway.
The right -of -way necessary is described by metes and bounds and depicted by
survey plats attached to Mayor and Council Communication No. L -15438 be
approved. The motion carried unanimously 9 ayes to 0 nays.
E. Planning & Zoning
1. M &C PZ -2983 - Consider the Adoption of an Ordinance Vacating a Portion of
Right -of -Way Alone Oakhurst Scenic Drive Adjacent to 2031 West Lotus Avenue.
(COUNCIL DISTRICT 2) (Continued from a Previous Meeting)
It was recommended that the City Council adopt an Ordinance vacating and extinguishing a
portion of Oakhurst Scenic Drive adjacent to Lots 12, 13, and part of 14, Block 1, West Oakhurst
Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, containing
approximately 6,074 square feet or 0.139 acre of land; providing for the reversion of fee in said
land, and the retainment of existing utility easement; and remand this case to the City Plan
Commission for further review.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. PZ -2983.
Ms. Libby Willis, 2300 Primrose Avenue (provided handout and displayed photographs)
Mr. Steve Epstein, Vice President, Fort Worth League of Neighborhoods, 1617 Steinburg Lane
Ms. Ginger Bason, 1600 Oakhurst Scenic Drive (provided handout)
Ms. Sharon K. Buse, 1413 and 1805 Bluebonnet Drive
Mr. Charles Dreyfus, 2416 Park Place, completed a speaker card in opposition to Mayor and
Council Communication No. PZ -2983, but did not wish to address the Council.
The following individuals submitted speaker cards in opposition to Mayor and Council
Communication No. PZ -2983.
Aaron and Amanda Vorwek, 2112 Morning Glory Avenue
Mr. Joseph Kutilek, 1413 Bluebonnet Drive
Ms. Freda Calabrese, 1800 Wisteria Court
(Council Member Burns left his place at the dais.)
Motion: Council Member Espino made a motion, seconded by Mayor Pro tern Zimmerman,
that Mayor and Council Communication No. PZ -2983 be remanded to the City Plan
Commission. The motion carried unanimously 8 ayes to 0 nays, with Council
Member Burns absent.
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SEPTEMBER 18, 2012
Page 24 of 33
(Council Member Burns returned to his place at the dais.)
F. Award of Contract
1. M &C C -25657 - Authorize Execution of a Public Right -of -Way Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate an Eight Inch Natural Gas Gathering Pipeline Across South Haynes
Avenue, Arch Street, South Chicago Avenue, South Newark Avenue, South
Sargent Avenue, Miller Avenue, Bradley Avenue, Griggs Street, South Hughes
Avenue, Lloyd Avenue and South Edgewood Terrace, GST11 -0035. (COUNCIL
DISTRICTS 5 and 8) (Continued from a Previous Meeting)
It was recommended that the City Council authorize the execution of a public right -of -way use
agreement with Texas Midstream Gas Services, L.L.C., for a one (1) time license fee in the
amount of $31,605.20 and granting a license to construct and operate an eight (8) inch natural
gas gathering pipeline in the following 11 public rights -of -way: (i) across South Haynes Avenue,
north of East Rosedale Street, (ii) across Arch Street, north of Rosedale, (iii) across South
Chicago Avenue, north of Rosedale, (iv) across South Newark Avenue, north of Rosedale, (v)
across South Sargent Avenue, north of Rosedale, (vi) across Miller Avenue, north of Rosedale,
(vii) across Bradley Avenue, south of Windomere Street, (viii) across Griggs Street, south of
Windomere Street, (ix) across South Hughes Avenue, south of Windomere Street, (x) across
Lloyd Avenue, north of Rosedale, and (xi) Across South Edgewood Terrance, north of Rosedale.
Ms. Leah King, representing Texas Midstream Gas Services, 301 Commerce Street, Suite 1200,
appeared before Council in support of Mayor and Council Communication No. C- 25657.
(provided a PowerPoint presentation)
The following individuals completed speaker cards in support of Mayor and Council
Communication No. C- 25657, but did not wish to address the Council.
Ms. Meosha Paige, 301 Commerce Street
Mr. Mike Smith, 301 Commerce Street
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. C- 25657.
Mr. Grayson Harper, 3605 Bellaire Drive South
Mr. Henry Thomas, 4150 East Rosedale
The following individuals submitted comment cards in opposition to Mayor and Council
Communication No. C- 25657.
Mr. Gary Hogan, 2117 Rolling Creek Run
Mr. Johnny Lewis, 953 Terrell
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 25 of 33
Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. C -25657 be approved. The motion carried
7 ayes to 2 nays, with Council Members Jordan and Allen Gray casting the
dissenting votes.
2. M &C C -25852 - Authorize Execution of a Public Right -of -Way Use Agreement
Granting Barnett Gathering, LLC, a License to Construct and Operate an Eight -
Inch Natural Gas Gathering Pipeline Across Edwards Ranch Road. (COUNCIL
DISTRICT 3)
It was recommended that the City Council authorize the execution of a public right -of -way use
agreement with Barnett Gathering, LLC, granting a license to construct and operate a natural gas
gathering pipeline across Edwards Ranch Road, east of Bryant Irvin Road, for a one (1) time
license fee in the amount of $8,228.00.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns,
that Mayor and Council Communication No. C -25852 be approved. The motion
carried unanimously 9 ayes to 0 nays.
3. M &C C -25853 - Authorize Execution of a Public Right- of -Wav Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate an Eight -Inch Natural Gas Gathering Pipeline Across Trinity Park
Drive, Forest Park Boulevard North and Petersmith Street West, GP11- 00029.
(COUNCIL DISTRICT 9)
It was recommended that the City Council authorize the City Manager to execute a public right -
of -way use agreement with Texas Midstream Gas Services, L.L.C., for a one (1) time license fee
in the amount of $19,892.40 and granting a license to construct and operate a natural gas
gathering pipeline across Trinity Park Drive, east of Foch Street, across Forest Park Boulevard
North, north of Parkview Drive, across Petersmith Street West, east of Forest Park Boulevard
North and across Petersmith Street West, west of 15th Street.
Mr. Jerry Lobdill, 6336 Darwood Avenue, completed a speaker card in opposition to Mayor and
Council Communication No. C- 25853, but did not wish to address the Council.
Mr. Michael Appleman, 2600 block Highview Terrace, submitted a comment card in opposition
to Mayor and Council Communication No. C- 25853.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. C -25853 be approved. The motion carried
unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 26 of 33
4. M &C C -25854 - Authorize Execution of a Public Right -of -Way Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate an Eight -Inch Natural Gas Gathering Pipeline Across Ridgmar
Boulevard, Aden Road and Green Oaks Road for a One -Time License Fee in the
Amount of $10,502.80. (COUNCIL DISTRICTS 3 and 7)
It was recommended that the City Council authorize the City Manager to execute a public right -
of -way use agreement with Texas Midstream Gas Services, L.L.C., granting a license to
construct and operate an eight (8) inch natural gas gathering pipeline across Ridgmar Boulevard,
Aden Road and Green Oaks Road for a one (1) time license fee in the amount of $10,502.80.
Mr. Jerry Lobdill, 6336 Darwood Avenue, appeared before Council in opposition to Mayor and
Council Communication No. C- 25854.
.."'Al
Ms. Leah King, representing Texas Midstream Gas Services, 301 Commerce Street, Suite 1200,
submitted a comment card in support of Mayor and Council Communication No. C- 25854.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss
that Mayor and Council Communication No. C -25854 be approved. The motion
carried unanimously 9 ayes to 0 nays.
5. M &C C -25855 - Authorize Execution of a Public Right -of-Wav Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate an Eight -Inch Natural Gas Gathering Pipeline Across Greenbelt Road,
West of Trammel David Road, for a One -Time License Fee in the Amount of
$12,535.60. (COUNCIL DISTRICT 5)
It was recommended that the City Council authorize the City Manager to execute a public right -
of -way use agreement with Texas Midstream Gas Services, L.L.C., granting a license to
construct and operate an eight (8) inch natural gas gathering pipeline across Greenbelt Road,
west of Trammel Davis Road, for a one (1) time license fee in the amount of $12,535.60. (The
record reflects that the correct exhibit was provided to the Council.)
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25855 be approved. The motion
carried unanimously 9 ayes to 0 nays.
Ms. Leah King, representing Texas Midstream Gas Services, 301 Commerce Street, Suite 1200,
submitted a comment card in support of Mayor and Council Communication No. C- 25855.
6. M &C C -25856 - Authorize Execution of a Public Right -of -Way Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate a Ten -Inch Natural Gas Gathering Pipeline Across Pipeline Road,
Trinity Boulevard and Mosier Valley Road. (COUNCIL DISTRICT 5)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 27 of 33
It was recommended that the City Council authorize the City Manager to execute a public right -
of -way use agreement with Texas Midstream Gas Services, L.L.C., for a one (1) time license fee
in the amount of $16,649.60 and granting a license to construct and operate a natural gas
gathering pipeline across Pipeline Road, east of Liston Lane, across Trinity Boulevard, east of
the intersection of Mosier Valley Road and Trinity Boulevard and across Mosier Valley Road,
east of Jimison Lane.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25856 be approved. The motion
carried unanimously 9 ayes to 0 nays.
7. M &C C -25857 - Adopt Resolution Authorizing Execution of a Funding
Agreement with the North Central Texas Council of Governments and the Texas
Department of Transportation with Local Participation by Tarrant County for
the Texas Wesleyan University Streetscape Sustainable Development Project,
Accept Sustainable Development Grant in the Amount of $1,500,000.00,
Authorize Execution of a Sustainable Development Agreement with Texas
Wesleyan University and Adopt Appropriation Ordinance. (COUNCIL
DISTRICT 8)
It was recommended that the City Council adopt a Resolution authorizing the execution of a
funding agreement with the North Central Texas Council of Governments ( NCTCOG) and the
Texas Department of Transportation (TxDOT) in the amount of $1,875,000.00 which includes
Tarrant County participation in the amount of $375,000.00, for the design and construction of the
Texas Wesleyan University (TWU) Streetscape Sustainable Development Infrastructure Project
between Nashville Avenue and Collard Street, which is part of a larger East Rosedale Phase 1
Improvements Project that extends from Highway 287 to just west of Miller Avenue; authorize
the acceptance of a reimbursement grant in the amount of $1,500,000.00 from NCTCOG and
TxDOT to the Grants Fund; authorize the execution of a sustainable development agreement
with TWU for the vertical construction component of the Sustainable Development project; and
adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the
Grant Capital Projects Fund in the amount of $1,500,000.00, from available funds, for the
purpose of funding the construction project.
Motion: Council Member Allen Gray made a motion, seconded by Council Member
Shingleton, that Mayor and Council Communication No. C -25857 be approved and
Resolution No. 4131 -09 -2012 and Appropriation Ordinance No. 20408 -09 -2012 be
adopted. The motion carried unanimously 9 ayes to 0 nays.
8. M &C C -25858 - Authorize Execution of a Service Agreement and Pavment to
Oncor Electric Delivery Company, LLC, in the Amount of $212,630.22 for the
Relocation of 37 Existing Wood Poles and Approximately 3500 Feet of Overhead
Wire That Are Located Along Robertson Road and Are in Conflict with the
Construction of Robertson Road. (COUNCIL DISTRICT 7)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 28 of 33
It was recommended that the City Council authorize the execution of a service agreement and
payment to Oncor Electric Delivery Company, LLC, in the amount of $212,630.22 for the
relocation of 37 existing wood poles and approximately 3,500 feet of overhead wire that are
located along Robertson Road.
Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. C -25858 be approved. The motion
carried 8 ayes to 0 nays, with 1 abstention by Council Member Scarth.
9. M &C C -25859 - Authorize Application for and Acceptance of a Grant, if
Awarded, from the Federal Aviation Administration in the Amount of
$20,000,000.00 for the Runway Extension Project at Fort Worth Alliance Airport
and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2)
It was recommended that the City Council authorize application for and acceptance of a grant, if
awarded, from the Federal Aviation Administration in the amount of $20,000,000.00 for the
Runway Extension Project at Fort Worth Alliance Airport; authorize the use of land credits in the
amount of $2,222,222.22 for the City of Fort Worth's in -kind local match of 10 percent of the
project cost; and adopt an Appropriation Ordinance increasing the estimated receipts and
appropriations in the Airports Grant Fund in the amount of $22,222,222.22, subject to receipt of
the grant, for the purpose of funding the project.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C -25859 be approved and Appropriation
Ordinance No. 20409 -09 -2012 be adopted. The motion carried unanimously 9 ayes
to 0 nays.
10. M &C C -25860 - Authorize Execution of a Contract with Conatser Construction
TX, LP, in the Amount of $1,943,328.75 for Water and Sanitary Sewer
Rehabilitation Contract 53 on Fairfield Drive, Hervie Street, Kilpatrick Avenue
and Seven Alleys and Adopt Appropriation Ordinance. (COUNCIL DISTRICTS
3 and 7
`ON
It was recommended that the City Council authorize the transfer of $107,122.00 from the Water
and Sewer Operating Fund to the Sewer Capital Projects Fund; adopt an Appropriation
Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects
Fund, from available funds, for the purpose of Sanitary Sewer Rehabilitation Contract 53; and
authorize the execution of a contract with Conatser Construction, TX, LP, in the amount of
$1,943,328.75. -Its
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 29 of 33
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member
Shingleton, that Mayor and Council Communication No. C -25860 be approved and
Appropriation Ordinance No. 20410 -09 -2012 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
XIII.
BUDGET HEARING
1. Hearing on Proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt
Service Ordinance and Ad Valorem Tax Levy Ordinance
Mayor Price opened the budget hearing.
a. Report of City Staff
Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and
provided a staff report.
b. Citizen Comments
o/° The following individuals appeared before Council in opposition to the proposed Fiscal Year
2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy
Ordinance, pertaining to the reduction in funding for Arts programs and the Directions Home
Program.
Mr. Bill Hart, 408 Green River Trail
Mr. Darren Woods, 1300 Gendy Street
Ms. Deborah Jung, 2340 Mistletoe Boulevard
Mr. Zak Reynolds, 4401 Calmont Street
Mr. Travis Baugh, 3909 Hulen (provided handout)
Mr. James Tapscott, 2630 B Merrick Street
Mr. Greg Clifton, 4408 Hildring Drive East
Ms. Vicki Nejtek, 5800 River Meadows Place
Mr. Robert Snoke, 3820 6th Avenue
Mr. Greg Hutson, 3611 West 6th Avenue, completed a speaker card in opposition to the
proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad
Valorem Tax Levy Ordinance, but did not wish to address the Council.
Ms. Annette Deatherage, 2540 Ridgmar Boulevard, No. 4048, completed a speaker card in
opposition to the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service
Ordinance and Ad Valorem Tax Levy Ordinance and was recognized by Mayor Price, but was
not present in the Council Chamber.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 30 of 33
The following individuals submitted comment cards in opposition to the proposed Fiscal Year
2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy
Ordinance, pertaining to the reduction in funding for Arts programs.
Ms. Kate Lovelady, 704 Lake Louis Road
Mr. Chad Jung, 4101 Crestview Drive
Ms. Emma Lea Wall, 3733 Kelvin Avenue
Mr. Steve Kintigh, 3800 Walton Avenue
Ms. Kellie Miller, 333 Chateau Drive
Mr. Francis McClure, 1900 Ben Hall Court
Mr. Wall Lauren, 3733 Kelvin Avenue
Ms. Leslie Hunt, 2004 Warner Road
Ms. Sarah Nadar, 2211 Weatherbee Street
Mr. Carrie Todd, 2201 Tremont Avenue
Ms. Bari Henderson, 1238 B Abelia Court
Ms. Rebecca Low, 3112 Softwind Trail
`1
The following individuals completed "undecided" speaker cards and appeared before Council
relative to the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service
Ordinance and Ad Valorem Tax Levy Ordinance, pertaining to the reduction in funding for Arts ,,,,N
programs.
Ms. Cindy Crain, 284 Gail Drive
Ms. Jody Ulich, 3320 Camp Bowie, No. 2202
Ms. Ernestine Rose, 4000 Fox Trot Drive
Discussion ensued amongst Council Members regarding the City Manager's proposed Fiscal
Year 2012 -2013 Appropriation Ordinance.
C. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns,
that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays.
XIV. ORDINANCES
1. An Ordinance Setting Forth an Itemized Estimate of the Expense of Conductin
Each Department, Division and Office of the Municipal Government of the City of
Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2012, and Ending
September 30, 2013, and Appropriating Money for the Various Funds and
Purposes of Such Estimate; Providing for Public Hearings Upon This Ordinance
Before the Entire City Council Sitting as a Committee of the Whole; and
Providing a Severability Clause; and Providing a Savings Clause for the Repeal of
All Ordinances and Appropriations in Conflict with the Provisions of this
Ordinance; and Providing for the Publication and Final Passage Thereof.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 31 of 33
It was recommended that the City Council adopt an Ordinance setting forth an itemized estimate
of the expense of conducting each department, division and office of the Municipal Government
of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2012, and ending
September 30, 2013, and appropriating money for the various funds and purposes of such
estimate; and providing for public hearings upon this Ordinance before the entire City Council
sitting as a committee of the whole.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern
Zimmerman, that excluding the allocation for the Crime Control and Prevention
District, the proposed FY 2013 Budget be approved and Appropriation Ordinance
No. 20411 -09 -2012 be adopted with the following amendments: reduce Water and
Sewer Fund Revenue estimate to $372,222,342; reduce General Fund transfers to
$41,772,487; and increase use of Fund Balance to $40,792,257. The motion carried
8 ayes to 1 nay, with Council Member Burns casting the dissenting vote.
Council Member Allen Gray recused from voting on the following item.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern
Zimmerman, that the proposed FY 2013 Budget allocation for the Crime Control
000, and Prevention District in the amount of $54,711,925 be approved. The motion
carried 8 ayes to 0 nays, with Council Member Allen Gray recused.
2. An Ordinance Setting Forth an Estimate of the Expense of the General Debt
Service Fund of the Municipal Government of the City of Fort Worth for the
Ensuing Fiscal Year Beginning October 1, 2012, and Ending September 30, 2013,
and Appropriating Money for the General Debt Service Fund and Purpose of
Such Estimate, Appropriating Money to Pay Interest and Principal Sinking Fund
Requirement on All Outstanding General Indebtedness; Providing for Public
Hearings Upon This Ordinance Before the Entire City Council Sitting as a
Committee of the Whole; and Providing a Severability Clause; and Providing a
Savings Clause for the Repeal of All Ordinances and Appropriations in Conflict
with the Provisions of This Ordinance; and Providing for the Publication and
Final Passage Thereof.
It was recommended that the City Council adopt an Ordinance setting forth an estimate of the
expense of the General Debt Service Fund of the Municipal Government of the City of Fort
Worth for the ensuing Fiscal Year beginning October 1, 2012, and ending September 30, 2013,
and appropriating money for the General Debt Service Fund and purpose of such estimate;
appropriating money to pay interest and principal Sinking Fund requirement on all outstanding
general indebtedness; and providing for public hearings upon this Ordinance before the entire
City Council sitting as a committee of the whole.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 32 of 33
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that Ordinance No. 20412 -09 -2012 be adopted. The motion carried unanimously 9
ayes to 0 nays.
3. An Ordinance Providing for the Lew and Collection of an Annual Ad Valorem
Tax on All Property, Real, Personal and Mixed, Situated Within the Territorial
Limits of the City of Fort Worth, Texas, and All Personal Property Owned in said
Citv of Fort Worth, Texas, on the First Day of January, A.D. 2012, Except Such
Property as May be Exempt from Taxation by the Constitution and Laws of the
State of Texas; and Providing for a Penalty; and Providing a Severability Clause;
and Providing a Savings Clause for the Repeal of All Ordinances in Conflict with
the Provisions of This Ordinance; and Providing for the Publication and Final
Passage Thereof.
It was recommended that the City Council adopt an Ordinance providing for the levy and
collection of an annual ad valorem tax on all property, real, personal, and mixed, situated within
the territorial limits of the City of Fort Worth, Texas, and all personal property owned in said
City of Fort Worth, Texas, on the 1 st day of January, A.D., 2012, except such property as may be
exempt from taxation by the Constitution and laws of the State of Texas.
City Secretary Kayser advised that the passage of this Ordinance established a Debt Service tax
rate of .1691/$ 100 of assessed value and maintains the current tax rate of .855/$100 of assessed
value.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member
Shingleton, that Ordinance No. 20413 -09 -2012 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
XV. RESOLUTIONS
1. A Resolution of the City Council of the City of Fort Worth, Texas, Ratifying the
Property Tax Revenue Increase Reflected in the Fiscal Year 2013 Budget, in
Accordance with Section 102.007(c) of the Texas Local Government Code.
It was recommended that the City Council adopt a Resolution ratifying the property tax revenue
increase reflected in the Fiscal Year 2013 Budget, in accordance with Section 102.007(c) of the
Texas Local Government Code.
Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member
Shingleton, that Resolution No. 4132 -09 -2012 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
"ON
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2012
Page 33 of 33
XVII. CITIZEN PRESENTATIONS
Mr. Joe Waller, 2533 Castle Circle, appeared before Council relative to the future of Lake
Worth.
Ms. Phyllis Nicholas, 4600 Parkview Lane, appeared before Council relative to a healthy
workplace and requested an anti - bullying Proclamation. (provided handout)
XVIII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER)
XIX. ADJOURNMENT
There being no further business, Mayor Price adjourned the Regular Meeting at 1:28 p.m.
These minutes approved by the Fort Worth City Council on the 25th day of September, 2012.
Attest:
Mary J. Kay
City Secretary
Approved:
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