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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 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2012 Page 2 of 33 City Manager Higgins requested that Mayor and Council Communication No. PZ -2992 be withdrawn from the Consent Agenda. Council Member Jordan requested that Mayor and Council Communication No. G -17672 be withdrawn from the Consent Agenda and considered with the rate and budget Mayor and Council Communications.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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff.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) '"'k 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. ".N CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2012 Page 11 of 33 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 REGULAR CITY COUNCIL MEETING 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING 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: 1 1 ',