HomeMy WebLinkAbout2013/04/09-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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
1. 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 7:10 p.m. on Tuesday, April 9, 2013, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION - Pastor Aaron Ashlock, Oak Knoll Baptist Church
The invocation was provided by Pastor Aaron Ashlock, Oak Knoll Baptist Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDER ATION OF MINUTES OF REGULAR MEETING OF APRIL 2
2013
Council Member Jordan advised that the vote reflected for Mayor and Council Communication
No. G-17851 should have reflected `'8 ayes to 0 nays, with one abstention by Council Member
Jordan."
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that the Minutes of the Regular meeting of April 2, 2013, be approved as amended.
The motion carried unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Higgins requested that Mayor and Council Communication No. C-26195 be
withdrawn from the Consent Agenda for individual consideration.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Higgins requested that Mayor and Council Communication No. G-17857 be
continued until the April 16, 2013, Council meeting.
VII. CONSENT AGENDA
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern
Zimmerman, 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-17853 - Adopt Appropriation Ordinance Increasing Receipts and
Appropriations in the Special Trust Fund in the Amount of $150,000.00 for
Purposes of Funding Capital Expenses Related to City Cable Facilities (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20692-04-2013 increasing estimated receipts and appropriations in the Special Trust Fund, in the
amount of$150,000.00, from available funds for the purpose of funding certain capital expenses
related to the City's cable facilities.
2. M&C G-17854 - Authorize Additional Payment in the Amount of $145,000.00 to
the Retired Employees' Group Death Benefit Fund for Payments of Retiree Death
Benefits Under City Code (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize an additional payment in
the amount of$145,000.00 for Fiscal Year 2013 to the Retired Employees' Group Death Benefit
Fund to pay for retiree death benefits, in accordance with Section 2.5-229 of the City Code.
3. M&C G-17855 - Approve Extension of Injury Leave-of-Absence Pay Benefits in
the Amount of $4,459.20 for Police Officer Gerald Anderson Beginning April 3,
2013 Through April 24, 2013 (ALL COUNCIL DISTRICTS)
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REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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The City Council approved the following recommendation: Approve a three-week Extension of
Injury Leave-of-Absence pay benefits in the amount of $4,459.20 for Police Officer Gerald
Anderson beginning April 3, 2013, through April 24, 2013.
4. M&C G-17856 - Authorize Execution of a Professional Services Agreement with
CP&Y Inc. for a Total Fee Not to Exceed $89,408.00 for a Wildlife Hazard
Assessment at Fort Worth Alliance Airport (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a
professional services agreement with CP&Y, Inc., for a total fee not to exceed $89,408.00 for a
Wildlife Hazard Assessment at Fort Worth Alliance Airport.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M&C P-11508 - Authorize Purchase Agreements with Multiple Vendors for Video
Production Equipment for the Fort Worth Television Office in the Amount of
$82,382.00 for the First Year (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize purchase agreements with
multiple vendors for video production equipment for the Fort Worth Television Office in the
amount of$82,382.00 for the first year.
2. M&C P-11509 - Authorize Execution of an Agreement with Gulf South Risk
Services, Inc., in the Amount of 5300,000.00 for Subrogation and Recovery
Services for Risk Management Claims (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of an
agreement with Gulf South Risk Services, Inc., in the amount of $300,000.00 for subrogation
and recovery services for Risk ;Management claims for a three-year period.
3. M&C P-11510 - Authorize Purchase of a Ford F-550 Fire Attack Patrol Unit for
the Fire Department from Chastana Enterprises, Inc. d/b/a Chastang's Bayou
Citv Ford, in the Amount of $200,168.00 Using a Cooperative Contract (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the purchase of a Ford
F-550 fire attack patrol unit for the Fire Department from Chastang Enterprises, Inc. d/b/a
Chastang's Bayou City Ford, in the amount of 8200,168.00 using the Houston Galveston Area
Council Cooperative Contract No. FS 12-11.
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REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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4. M&C P-11511 - Authorize Purchase of a Ford F-450 Brush Truck for the Fire
Department from Chastang Enterprises, Inc. d/b/a Chastang's Bayou City Ford in
the Amount of $158,485.00 Using a Cooperative Contract (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize the purchase of a Ford
F-450 brush truck for the Fire Department from Chastang Enterprises, Inc. d/b/a Chastang's
Bayou City Ford, in the amount of$158,485.00, using the Texas Association of School Boards
Cooperative Contract No. 323-09 for the Fire Department.
C. Land- Consent Items
1. M&C L-15533 - Authorize Acquisition of a Fee Simple Interest in 0.011 Acres of
Land for Right-of-Way Owned by Elder Investments, a Texas Partnership,
Located at 2400 East Rosedale Street for the East Rosedale Street Improvements
Project, in the Amount of$4,739.00 and Authorize Payment of Estimated Closing
Costs_Up to $2,000.00 (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the acquisition of a fee
simple interest in 0.011 acre of land for right-of-way owned by Elder Investments, a Texas
partnership, located at 2400 East Rosedale Street for the East Rosedale Street Improvements
Project; find that the total purchase price in the amount of$4,739.00 is just compensation; and
authorize the City Manager or his designee to accept the conveyance, pay just compensation,
record the appropriate instrument and pay estimated closing costs up to $2,000.00.
E. Award of Contract - Consent Items
1. M&C C-26190 - Authorize Execution of a Contract with Conatser Construction
TX, LP, in the Amount of$1,858,606.05 for Pavement Reconstruction and Water
and Sanitary Sewer Main Replacement, Contract 513, on Portions of Strong
Avenue, Dowdell Street and Hanger Avenue, Provide for Project Costs and
Contingencies for a Project Total in the Amount of $2,159,570.00 and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the transfer of
$877,359.00 from the Water and Sewer Fund in the amount of$659,298.00 to the Water Capital
Projects Fund and $218,061.00 to the Sewer Capital Projects Fund; adopt Appropriation
Ordinance No. 20693-04-2013, increasing the estimated receipts and appropriations in the Water
Capital Projects Fund in the amount of $659,298.00 from available funds, for the purpose of
pavement reconstruction, water and sanitary sewer main replacement for Strong Avenue,
Vaughn Boulevard to Campbell Street; Dowdcll Street, Baylor Street to Martin Luther King
Fwy; Hanger Avenue, Burchill Road to Vaughn Boulevard and Hanger Avenue, South Collard
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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Street to Campbell Avenue; adopt Appropriation Ordinance No. 20694-04-2013, increasing the
estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of
$218,061.00, from available funds, for the same purpose stated above; and authorize the
execution of a contract with Conatser Construction TX, LP, in the amount of$1,858,606.05 for
water and sanitary sewer main replacement for the streets listed above.
2. M&C C-26191 - Authorize Execution of a Construction Contract with
McClendon Construction Company, Inc., in the Amount of $415,712.00
Paving, ADA Ramps and Traffic Signal Improvements at Three Intersections,
South Hulen Street at Overton Plaza, West Seventh Street at Carroll Street, and
Handley Ederville Road at Randol Mill Road and Provide for Project Costs and
Contingencies for a Project Total in the Amount of $646,125.00 (COUNCIL
DISTRICTS 3, 4, and 7)
The City Council approved the following recommendation: Authorize the execution of a
construction contract with McClendon Construction Company Inc., in the amount of
$415,712.00 for paving, ADA ramps and traffic signal improvements at three intersections,
South Hulen Street at Overton Plaza, West Seventh Street at Carroll Street, and Handley
Ederville Road at Randol Mill Road and provide for project costs and contingencies for a project
total in the amount of 5646,125.00.
3. M&C C-26192 - Authorize Execution of Change Order No. 4 to City Secretary
Contract No. 40679, with Concho Construction Company, Inc., in the Amount of
$123,878.00, for the Construction of Clearfork Main Street Bridge, Thereby
Increasing the Total Contract Amount to $9,886,420.16 (COUNCIL DISTRICT 3)
The City Council approved the following recommendation: Authorize execution of Change
Order No. 4 to City Secretary Contract No. 40679, with Concho Construction Company, Inc., in
the amount of $123,878.00, for the construction of Clearfork Main Street Bridge, thereby
increasing the total contract amount to $9,886,420.16.
4. M&C C-26193 - Authorize Credit Sales Agreement with Trinity River Mitigation
Bank, LTD, in the Amount of $96,250.00 for the Mitigation of Waters of the
United States Associated with Stormwater Improvements on the East Rosedale
IH35 W to US 287 Project (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize a credit sales agreement
with Trinity River Mitigation Bank, LTD, in the amount of $96,250.00 for the mitigation of
Waters of the United States associated with stormwater improvements on the East Rosedale
IH35 W to US 287 project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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5. M&C C-26194 - Authorize Execution of a Ground and Building Lease Agreement
with OV-10 Bronco Association, Inc. d/b/a Veterans Memorial Air Park d/b/a
Forward Air Controller's Museum, for Lease Site 35S at Fort Worth Meacham
International Airport (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a Ground
and Building Lease Agreement with OV-10 Bronco Association, Inc. d/b/a Veterans Memorial
Air Park d/b/a Forward Air Controller's Museum, for lease site 35S at Fort Worth Meacham
International Airport.
VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS
1. OCS - 1883 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
E. Award of Contract - Removed from Consent Agenda for Individual
Consideration
6. NI&C C-26195 - Authorize Execution of an :,Xmendnient and Restatement of Citv
Secretary Contract No. 28453 Between the City of Fort Worth and Colonial
Country Club and Streams and Valleys Inc. for the Use of Forest Park and
Adopt Appropriation Ordinance (COUNCIL DISTRICT 9)
It was recommended that the City Council authorize the execution of an agreement with Colonial
Country Club for the use of a portion of Forest Park for a 45-day period related to the annual golf
tournament in May; authorize the execution of an agreement with Streams and Valleys, Inc., to
accept the amount of$27,675.00 annually as a portion of the funds generated by the agreement
to be directed toward parkland and river corridor improvements; and adopt an appropriation
ordinance, increasing the estimated receipts and appropriations in the Park Improvements Fund
in the amount of$2,500.00, from available funds, for the license of a portion of Forest Park for a
45-day period related to Colonial Country Club's Annual Golf Tournament.
Mr. Richard Zavala, Director, Parks and Community Services Department advised that an
amendment to recommendation number two (2) be made by deleting current verbiage and
replacing with "Authorize the execution of an agreement with Streams and Valleys, Inc.,
concerning the use of a portion of the funds generated by the Colonial Country Club agreement."
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-26195 be approved as amended and
Appropriation Ordinance No. 20695-04-2013 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation by Baylor All Saints Medical Center at Fort Worth
Dr. David Klein, Interim President, Baylor All Saints Medical Center at Fort Worth, expressed
his appreciation to the Fort Worth Fire Department and MedStar for their assistance and
partnership during the Chest Pain Cycle 4 Accreditation from the Society of Cardiovascular
Patient Care and added that Baylor All Saints was the first hospital in Fort Worth to receive this
designation. He presented plaques to the following individuals:
Medstar
-Sean Burton, Clinical Programs Manager
-Steve Springer, Director of Clinical Operations
Fort Worth Fire Department
-Fernando Gonzalez, Executive Deputy Chief
-David Coble, Deputy Chief
-Wendell Lancaster, Division Chief
-Richard Harrison, Battalion Chief
-Pat Vasquez, Division Chief
2 Presentation of ScottsN/firacle-Gro $25,000.00 Grant
Mayor Price presented a $25,000.00 donation to Mr. Henry Painter, Director of the Fort Worth
Botanic Garden, and Ms. Dolores Geisel, President of the Fort Worth Botanical Society. She
stated that at the U.S. Conference of Mayors in January 2013, in Washington D.C., she had
accepted a $25,000.00 donation from Scotts Miracle-Gro. She stated that this was designed to
create 1,000 gardens and green spaces in the U.S., Canada and Europe by 2018 and to encourage
children. She pointed out that Fort Worth was only one (1) of five (5) cities in the nation that
received the grant. She added that Scotts Miracle-Gro would be at the Botanic Gardens on
Friday, April 12, 2013, from 10:00 a.m. - 12:00 p.m. and that representatives from The Scotts
Company would be on-site at the Children's Vegetable Garden, where children could learn about
growing their own food and healthy eating. She further stated that the expansion on this would
give children hands-on experience, learning about nutrition and that it would fit perfectly with
the City's initiative of FitWorth.
Mr. Painter expressed his appreciation to the Mayor and Council and stated that the Botanic
Gardens had a wonderful children's vegetable garden. He added that Ms. Geisel had challenged
him to get the staff together to redesign the garden and then she would find the money and enlist
the help of the Tarrant County Master Gardner's to put the garden in and maintain the garden.
They would also share with the Botanic Garden staff the responsibility of educating citizens and
broadening the scope from children to families. He also expressed appreciation to Ms. Geisel for
the challenge and to Scotts Miracle-Gro for recognizing their efforts.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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Council Member Scarth advised that Ms. Geisel would be leaving Fort Worth and the Fort Worth
Botanical Society. He expressed the Councils appreciation to her for her work and stated she
had been a treasure to the City and the Botanical Garden.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcomin(_), and Recent Events
Council Member Allen Gray announced the invitation of all citizens to join her and the Mayor
for the District 8 Walk at Cobb Park on Saturday, April 13, 2013, from 9:00 a.m. to 10:00 a.m.
Mayor Pro tem Zimmerman announced that individuals from MedStar and the Fort Worth Fire
Department had received a prestigious award. He stated that each year the Journal of Emergency
Medical Services (JEMS) named ten (10) individuals who had led significant innovation in the
Emergency Medical Services (EMS) profession. He further stated that since the inception in
2008, the EMS-10 Award had always cited individuals who had made the biggest impact in EMS
up until now. He added that the entire MedStar agency was recognized for multiple outstanding
innovations brought to the EMS industry and that EMS MedStar was known far and wide as
tremendous innovators by ensuring the citizens were taken care of. He stated that the Editor-m-
Chief of JEMS, A.J. Heightman, had cited MedStar's numerous innovations designed to change
emergency medical services to mobile health care. He added that the award was presented to
Doug Hooten, Executive Director of MedStar, on March 6, 2013. It was noted that the entire
MedStar staff had taken the challenge to deliver care to the community and he expressed his
appreciation to all.
Council Member Shingleton announced that it was race week at the Texas Motor Speedway. He
stated that on Friday, April 12, 2013, at 6:30 p.m. the Nationwide Truck race would be held and
on Saturday, April 13, 2013, at 7:30 p.m. the Sprint Car race would be held. He invited everyone
to attend to the races.
Council Member Moss announced that on Saturday, April 20, 2013, from 10:00 a.m. to 12:00
p.m., at the Ebenezer Missionary Baptist Church Brighter Outlook Center, located at 1901
Amanda Avenue, there would be a meeting to review the Cavile Place and the Historic Stop Six
Neighborhood Transformation Plan. He encouraged everyone interested to attend this meeting.
Council Member Jordan announced that on Saturday, April 27, 2013, from 10:00 a.m. to 2:00
p.m., the South Division of the Police Department, Neighborhood Patrol Officers and Citizens on
Patrol would hold the Annual Community Safety Fair in the Aldi parking lot at the corner of
McCart and Sycamore School Road. He invited all citizens to attend.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
Page 9 of 14
Council Member Scarth announced that he wanted to extend an invitation to everyone on the east
side of Fort Worth to have coffee and breakfast with the Mayor and himself on Saturday, April
20, 2013, from 8:30 a.m. to 11:00 a.m., at the American Legion Hall on the Northeast Loop 820
service road near John T. White and Randol Mill Road.
Council Member Burns announced that on Thursday, April 11, 2013, from 9:00 a.m. to 1:00
p.m., at the First Presbyterian Church, located at 1000 Penn Street, the Fort Worth Advisory
Commission on Ending Homelessness would have the 2013 Project Homeless Connect event.
He stated that this was a one (1) day fair where homeless citizens could receive services and
hospitality on the spot. He further stated that this event was to create a health fair style
experience that would expand on healthcare for services such as housing, jobs, social services
and pastoral care. He added that more than 300 homeless citizens had attended the fair last year.
2. Reeo(nition of Citizens
There were no citizens recognized at this time.
3. Approval of Ceremonial Travel
There was no approval necessary of ceremonial travel.
XI. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that the individuals listed below be appointed to the Art Commission, with terms
expiring as reflected:
- Ms. Dana M. Compton to Place 3 (Community Representative position), with a
term expiring September 30, 2013
- Ms. Bethany Dodson to Place 7 (Community Representative position), with a term
expiring September 30, 2013
- Ms. Renita Joyce Smith to Place 8 (Community Representative position), with a
term expiring September 30, 2014 be approved.
The motion carried unanimously 9 ayes to 0 nays.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth,
that Mr. Robert A. Dellamura be appointed to Place 3 on the Urban Design
Commission, with a term expiring October 1, 2013. The motion carried
unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9,2013
Page 10 of 14
XII. PRESENT/kTIONS AND/OR COMMUNICATIONS FROM BOARDS
CONINIISSIONS AND/OR CITY COt1NCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City
Council committees.
XIII. RESOLUTION
1. A Resolution Amending the City of Fort Worth's 2013 State Legislative Pro(tram
It was recommended that the City Council adopt a Resolution amending the City of Fort Worth's
2013 State Legislative Program.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman,
that Resolution No. 4195-04-2013 be adopted. The motion carried unanimously 9
ayes to 0 nays.
XIV. REPORT OF THE CITY MANAGER
B. General
1. M&C G-17857 - Adopt Fort Worth Permanent Fund Investment Policy and
Strate(y (ALL. COUNCIL. DISTRICTS)
City Secretary Kayser advised that Mayor and Council Communication No. G-17857 had been
continued until the April 16, 2013, Council meeting.
2. NI&C G-17858 - Authorize Acceptance of a Monetary Donation for the Fire
Department from the Wal-Mart Foundation in the Amount of `E;1,000.00 and
Adopt Appropriation Ordinance (COUNCIL DISTRICT 8)
It was recommended that the City Council authorize the acceptance of a monetary donation for
the Fire Department from the Wal-Mart Foundation in the amount of $1,000.00; and adopt an
appropriation ordinance increasing estimated receipts and appropriations in the Special Trust
Fund in the amount of$1,000.00, subject to receipt of a monetary donation from the Wal-Mart
Foundation, for the purpose of purchasing equipment and/or furnishing for Fort Worth Fire
Station Number 4.
Motion: Council Member Allen Gray made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G-17858 be approved with
appreciation and that Appropriation Ordinance No. 20696-04-2013 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
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REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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3. RI&C G-17859 - Authorize Acceptance of a Donation of a 2001 Ford Eldorado
Mini Bus from Atnios Ener(_,N, Corporation Valued in the Amount of 520,0110.00
for the Parks and Community Services Department for Use by the Community
Action Partners Protfram (ALL COUNCIL DISTRICTS)
It was recommended that the City Council authorize the acceptance of the donation of a 2001
Ford Eldorado Mini Bus from Atmos Energy Corporation valued in the amount of$20,000.00,
for use by the Parks and Community Services Department's Community Action Partners as a tool
for community outreach efforts.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. G-17859 be approved. The motion
carried unanimously 9 ayes to 0 nays.
C. Purchase of Equipment, Materials, and Services
1. NI&C P-11512 - Authorize Purchase Agreement -* ith Enforcement Video, LLC:
d/b/a Watchauard Video in the Amount of S1 500 060.00 for the First Year for
In-Car Digital Video Recording Systems, Using the Houston Galveston Area
Council Cooperative Contract No. EF04-13 for the Police Department (_ALL
COUNCIL DISTRICTS)
It was recommended that the City Council authorize a purchase agreement with Enforcement
Video, LLC d/b/a Watchguard Video, in the amount of S 1,500,060.00 for the first year, for in-car
digital video recording systems, using the Houston Galveston Area Council Cooperative
Contract No. EF04-13 for the Police Department.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. P-11512 be approved. The motion
carried unanimously 9 ayes to 0 nays.
D. Land
1. M&C L-15534 - Authorize Condemnation by Eminent Domain of a Fee Simple
Interest in 0.056 Acres of Land for Ri<=ht-of-NN'av and 0.041 Acres of Land for
Temporary Construction Easement Located at 1224 South Avers Avenue, O-*vned
by Majid Hemasi and Fatemeh S. Bassampour, for the East Rosedale Street
Improvement Project (COUNCIL DISTRICT 8)
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REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
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It was recommended that the City Council declare that negotiations between the City and
landowner, to acquire a fee simple interest in 0.056 acre of land for right-of-way and 0.041 acre
of land for temporary construction, owned by Majid Hemasi and Fatemeh S. Bassampour, and
known as 1224 South Ayers Avenue, Lot 4, Block R-F, Hallbrook Addition, 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 and temporary easement interests in the
subject property for the reconstruction of East Rosedale Street from U.S. 287 to west of Miller
Avenue, authorize the City Attorney to institute condemnation by eminent domain proceedings
for a fee simple interest in 0.056 acre of land to be used for right-of-way and 0.041 acre of land
for temporary construction; 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 Allen Gray made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. L-15534 be approved and that the Fort
Worth City Council authorize the use of the power of eminent domain to acquire a
fee simple interest in 0.056 acre of land for right-of-way and an easement interest in
0.041 acre of land for temporary construction from Majid Hemasi and Fatemeh S.
Bassampour, needed for the East Rosedale Street Improvements Project, from the
tract of land known as Lot No. 4, Block R-F, Hallbrook Addition, Fort Worth,
Tarrant County, Texas, also known as 1224 South Ayers Avenue. The land rights
will be used to construct a traffic round-about at the East Rosedale, Ayers Avenue
and Avenue E intersection. The necessary right-of-way is described by metes and
bounds and depicted by survey plats attached to Mayor and Council
Communication No. L-15534. The motion carried unanimously 9 ayes to 0 nays.
F. Award of Contract
1. M&C C-26196 - Authorize Second ,,Xmendment to Extend the Existing Specialty
Assets Investment .;kccount Agresm �
ent with JP19oran 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 a second amendment to extend the existing
Specialty Assets Investment Account Agreement with JPMorgan Chase Bank, N.A., for Oil and
Gas Mineral Banking Services for an additional amount up to $60,000.00, for a total agreement
in the amount of$600,000.00, and to extend the term of the agreement until the new contract for
banking and trust services is finalized and transition is complete or until October 13, 2013,
whichever comes first.
Mayor Pro tem Zimmerman and Council Members Espino, Scarth, Jordan, Allen Gray and Burns
stated that they had a normal banking relationship with JP Morgan Chase Bank, N.A.
CITY OF FORT WORTH, TEXAS
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APRIL 9, 2013
Page 13 of 14
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. C-26196 be approved. The motion
carried unanimously 9 ayes to 0 nays.
2. M&C C-26197 - Authorize Execution of a Community Facilities Agreement with
the Burlington Northern Santa Fe Railroad in the Amount of $3,638,009.29 with
City Participation Not to Exceed $548,758.83, Authorize Execution of a
Community Facilities Agreement with the Union Pacific Railroad in the Amount
of S301,425.00 with Citv Participation Not to Exceed $6,376.00, Authorize
Execution of a Funding Agreement in the Antount of $1,000,000.00 with the
Burlington Northern Santa Fe Railroad and .Adopt Appropriation Ordinances to
Increase the Capacity of the Toyer 55 Railroad Interchange (COUNCIL
DISTRICTS 8 and 9)
It was recommended that the City Council adopt an appropriation ordinance increasing estimated
receipts and appropriations in the Capital Projects Reserve Fund in the amount of$1,000,000.00
from available funds, for the purpose contributing to Burlington Northern Santa Fe and Union
Pacific Railroads utility relocation and other construction to improve the Tower 55 at grade rail
intersection; authorize the transfer of 51,000,000.00 from the Capital Projects Reserve Fund to
the Specially Funded Capital Projects Fund; adopt an appropriation ordinance increasing
estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the
amount of $1,000,000.00 from available funds for the purpose of advancing the City's
objectives, with respect to the Tower 55 improvements; authorize the execution of the Tower 55
Funding Agreement in the amount of $1,000,000.00; authorize execution of a Community
Facilities Agreement with the Burlington Northern Santa Fe Railroad in the amount of
$3,638,009.29 with City participation not to exceed $548,758.83, for pavement and intersection
improvements and for the relocation of water, sanitary sewer and storm sewer services in the
area; and authorize execution of a Community Facilities Agreement with the Union Pacific
Railroad in the amount of$301,425.00, with City participation not to exceed $6,376.00 for water
and sanitary sewer improvements.
Motion: Council Member Burns made a motion, seconded by Council Member Allen Gray,
that Mayor and Council Communication No. C-26197 be approved and that
Appropriation Ordinance Nos. 20697-04-2013 and 20698-04-2013 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
3. 1NI&C C-2098 - Adopt Resolution authorizing Execution of Amendment No. I to
Terminate the 2006 Local Proiect advance Funding Agreement, City Secretary
Contract No. 34823 and authorizing Execution of a Local Project Advance
Funding Agreement with the Texas Department of Transportation and Tarrant
County in the Amount of S6,288,244.01) for Improvements to East First Street
(COUNCIL, DISTRICT 4)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 9, 2013
Page 14 of 14
It was recommended that the City Council adopt a resolution authorizing the execution of
Amendment No. 1 to the 2006 Local Project Advance Funding Agreement (M&C C-21412),
with the Texas Department of Transportation to terminate the funding agreement; and execute a
new Local Project Advance Funding Agreement with the Texas Department of Transportation
and Tarrant County, in the amount of $6,288,244.00, for improvements to East First Street
between Beach Street and Oakland Boulevard, and authorize payment to Texas Department of
Transportation, in the amount of $622,940.00, for costs related to improvements to East First
Street, in accordance with the Local Project Advance Funding Agreement.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C-26198 be approved with
appreciation and that Resolution No. 4196-04-2013 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
XV. CITIZEN PRESENTATIONS
There were no citizen presentations.
XVI. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B
XVII. ADJOURNINIENT
There being no further business, Mayor Price adjourned the regular meeting at 7:37 p.m.
These minutes approved by the Fort Worth City Council on the 16th day of April, 2013.
Attest: Approved:
Mary J. Ka r �) + Betsy Price
City Secretary Mayor