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HomeMy WebLinkAbout2023/11/28-Minutes-City CouncilCITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Present: Mayor Mattie Parker Mayor Pro tem Gyna M. Bivens, District 5 Council Member Carlos Flores, District 2 Council Member Michael D. Crain, District 3 Council Member Charlie Lauersdorf, District 4 Council Member Jared Williams, District 6 Council Member Macy Hill, District 7 Council Member Chris Nettles, District 8 Council Member Elizabeth Beck, District 9 Council Member Alan Blaylock, District 10 Council Member Jeanette Martinez, District 11 Staff Present: David Cooke, City Manager Leann Guzman, City Attorney Jeanette S. Goodall, City Secretary CALL TO ORDER With a quorum of the City Council Members present, Mayor Parker called the City Council Regular Session of the Fort Worth City Council to order 10:10 a.m. on Tuesday, November 28, 2023, in the City Council Chamber of the Fort Worth City Hall, 200 Texas Street, Fort Worth, Texas. INVOCATION - Pastor Beth Evers, University United Methodist Church The invocation was provided by Pastor Beth Evers, University Methodist Church. PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND THE STATE OF TEXAS - (State of Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.") The Pledges of Allegiance to the United States of America and the State of Texas were recited. City ojFort Worth Page ] Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 2 of 16 SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. 23-0665 Presentation of Salvation Army's Red Kettle Campaign Kick -Off Lieutenant Colonel Bill Mockabee, representing the Salvation Army, presented the Salvation Army's Red Kettle Campaign Kick -Off. 2. 23-0775 Presentation of Certificates of Recognition to Trinity Valley School Girls Volleyball, Field Hockey, and Football Teams Council Member Crain presented a Certificates of Recognition to the Trinity Valley School Girls Volleyball, Field Hockey, and Football Teams. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Cooke requested that M&C 23-0992 be removed from the Consent Agenda for individual consideration. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. The City Secretary advised that M&C 23-1024 needed to be corrected to reflect it being in Council District 10 and not 7. She added it would remain on the Consent Agenda. Adrian Smith appeared before Council via conference call in support of M&C 23-0992. CONSENT AGENDA Motion: Council Member Crain made a motion, seconded by Council Member Flores, that the Consent Agenda be approved as amended. Motion passed 11-0. A. General - Consent Items 2. M&C 23-0993 (CD 2 and CD 9) Adopt the Trinity River Vision Storm Drain Master Plan and Adopt Ordinance Amending Chapter 31 Subdivision Ordinance to Incorporate the Trinity River Vision Storm Drain Master Plan Motion: Approved. Ordinance No. 26605-11-2023 City of Fort Worth Page 2 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 3 of 16 3. M&C 23-0998 (CD 2 and CD 9) Verify Completion of Rehabilitation Projects for the Historic and Cultural Landmark Properties Located at 1704 S Henderson Street, 1600 College Avenue, 2110 Hurley Avenue, 1609 Fairmount Avenue, and 2100 N Main Street and Declare Said Properties to be Entitled to a Historic Site Tax Exemption Motion: Approved. 4. M&C 23-1001 (ALL) Adopt Resolution Appointing Karen Williams as a Substitute Hearing Officer for the Fort Worth Parking Violations Bureau for a Two -Year Term and Designating the Substitute Hearing Officer to Conduct Hearings and Appeals Pursuant to Chapters 7, 10, 12.5, and 22 of the City Code and Perform Other Duties as Assigned Motion: Approved. Resolution No. 5844-11-2023 5. M&C 23-1007 (ALL) Authorize Payment to the Retired Employees' Group Death Benefit Fund in the Amount of $696,127.00 for Fiscal Year 2024 in Accordance with Chapter 2.5, Article II of the City Code Motion: Approved. 6. M&C 23-1009 (ALL) Approval of Police Officer Walter Watkins's First Request for an Extension of Occupational Injury Leave for the Period of June 26, 2023 through December 26, 2023, which Amounts to $53,483.32 Motion: Approved. 7. M&C 23-1012 (CD 2) Adopt Resolution Authorizing Execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $784,216.00, of which $230,000.00 is City Participation for the FTW Gate 1 Turn Lane Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Resolution No. 5845-11-2023 and Appropriation Ordinance No. 26606-11-2023 City of Fort Worth Page 3 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 4 of 16 8. M&C 23-1013 (CD 11) Adopt a Resolution Authorizing the Execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $521,246.00 of which $205,194.00 is City Participation for the State Highway 121 Fort Worth Sign Landscaping Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Resolution No. 5846-11-2023 and Appropriation Ordinance No. 26607-11-2023 9. M&C 23-1015 (ALL) Authorize Amendments to the Sole Source Contracts with Mitchell Adding Machine Company, Inc., dba Mitchell Time and Parking to Increase the Compensation Amount by $173,787.47 for the Purchase of Parking Automation Equipment and Preventative Maintenance Services Motion: Approved. 10. M&C 23-1018 (ALL) Adopt Ordinance Denying Rate Increase Proposed by CoSery Gas, Ltd Motion: Approved. Ordinance No. 26608-11-2023 B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C 23-1002 (ALL) Authorize Amendments to Cooperative Purchase Agreements with AAdvantage Laundry Systems, Inc. and Alliance Laundry Systems Distribution LLC for Commercial Washers and Dryers to Increase the Combined Annual Spending Authority by $100,000.00 for a New Combined Annual Amount Up to $250,000.00 Utilizing BuyBoard Contract No. 682-22 for the Fire, Code Compliance, and Environmental Service Departments Motion: Approved. 2. M&C 23-1003 (ALL) Authorize Execution of an Amendment to Mayor and Council Communication 23-0196 to Add an Additional Vendor, H&E Equipment Services, Inc., for Rental Services of Construction Equipment, Vehicles, and Other Equipment Using BuyBoard Cooperative Contract No. 646-21 for the Transportation and Public Works, Park and Recreation, Aviation, and Code Compliance Departments Motion: Approved. City of Fort Worts Page 4 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 5 of 16 3. M&C 23-1005 (ALL) Authorize Execution of a Purchase Agreement for Uninterruptable Power Supply Unit Replacement and Maintenance Services with DataSpan Holdings, Inc. for the Information Technology Solutions Department in an Annual Amount Up to $207,000.00 for the Initial Term and Authorize Up to Four One -Year Automatic Renewals for the Same Annual Amount Motion: Approved. C. Land -Consent Items 1. M&C 23-1019 (CD 9) Authorize Execution of an Amendment to the Lease Agreement with 5th Street Partners, L.P. (City Secretary Contract No. 58769) to Include a Security Deposit to the Lease for the Building Located at 2929 West 5th Street, Fort Worth, Texas, 76107 Currently Used as the West 7th Street Substation by the Fort Worth Police Department Property description: approximately 9,311 square feet of office space located at 2929 West 5th Street, Fort Worth, Texas, 76107 Motion: Approved. E. Award of Contract - Consent Items 1. M&C 23-0994 (ALL) Authorize Execution of an Agreement Granting a Non -Exclusive Privilege to Community Waste Disposal L.P. Pursuant to Chapter 12.5, Article VIII "Solid Waste and Recycling," Division 5 "Private Collectors" of the City Code, to Collect and Transport Municipal Solid Waste Motion: Approved. 2. M&C 23-0995 (ALL) Authorize Amendment to City Secretary Contract No. 55013 with Flock Group, Inc. to Clarify the Number of Devices in Use, the Associated License Terms and Pricing for Each Device, Ensure Compliance with the City's Encroachment Ordinance, and Clarify the Total Spend Authorized by Council; Authorize a Separate, Sole Source, Agreement with Flock Group, Inc. for its Raven Audio Detection System in the Amount of $70,000.00 for a Two -Year Term with Renewals; Waive the Associated Development Fees for Installation, and Find a Public Purpose and Adequate Controls Exist Motion: Approved. City ojFort Worth Page 5 Printed on 121517023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 6 of 16 3. M&C 23-0996 (ALL) Authorize Execution of a Professional Services Contract with Industrial Hygiene and Safety Technology, Inc., in an Amount Not to Exceed $150,000.00 per Contract Year for Asbestos, Mold, and Industrial Hygiene Assessment Services and Authorize Four One -Year Renewal Options for the Environmental Services Department Motion: Approved. 4. M&C 23-0997 (ALL) Ratify Application for and Authorize Acceptance of, if Awarded, Homeland Security Reallocation Funds from the United States Department of Homeland Security through the State of Texas, Office of the Governor, in the Amount Up to $510,403.14, Approve Execution of All Applicable Grant Contracts, Adopt Attached Resolution and Adopt Appropriation Ordinance Motion: Approved. Resolution No. 5847-11-2023 and Appropriation Ordinance No. 26609-11-2023 5. M&C 23-1000 (ALL) Adopt the Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Special Donations Capital Projects Fund in the Amount of $38,000.00 Transferred from the Special Donations LTD Fund Motion: Approved. Appropriation Ordinance No. 26610-11-2023 6. M&C 23-1004 (CD 2) Authorize Execution of Amendment No. 2 to City Secretary Contract No. 46280, an Administration Building Office Lease Agreement with FW American Aero Operating Company LLC Located at Fort Worth Meacham International Airport to Correct an Overlap of Lease Lines with Group Holdings Aviation, LLC d/b/a GHA Terminal LLC and Refund Overpayments of Rent in the Amount of $245,626.31 Motion: Approved. 7. M&C 23-1006 (CD 2) Authorize Execution of Amendment No. 3 to City Secretary Contract 28384, a Hangar Lease Agreement Known as Lease Site 11N with Group Holdings Aviation, LLC d/b/a GHA Terminal, LLC to Include an Additional 12,141 Square Feet of Ground Space for the Purpose of Expanding the Apron for Aircraft Parking Space at Fort Worth Meacham International Airport Motion: Approved. City of Fort Worth Page 6 Printed on 12/5/2023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 7 of 16 8. M&C 23-1008 (CD 5 and CD 11) Authorize Execution of a Contract with Gra-Tex Utilities, Inc., in the Amount of $5,916,688.00, for Water and Sanitary Sewer Replacement, Contract 2020 WSM-B Project, Amend Transportation & Public Works Department's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program and Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Appropriation Ordinance Nos. 26611-11-2023 and 26612-11-2023 9. M&C 23-1011 (CD 7) Authorize Execution of a Community Facilities Agreement with Elite Development and Construction LLC, with City Participation in the Amount Not to Exceed $519,365.48, for Oversizing an 8-Inch Sewer Main to a 15-Inch Sewer Main, Oversizing a 12-inch Sewer Main to a 24-inch Sewer Main, and Constructing 8-inch Water and Sewer Mains for Anticipated Future Growth in Northwest Fort Worth and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Year's 2024 — 2028 Capital Improvement Program Motion: Approved. Appropriation Ordinance No. 26613-11-2023 10. M&C 23-1014 (CD 6) Authorize Execution of Design Procurement Agreement with D.R. HORTON - TEXAS, LTD., with City Participation in the Amount Not to Exceed $242,955.00, for Engineering Design for the Oversizing of the Rock Creek Ranch Lift Station and 24-Inch Parallel Sanitary Sewer Force Main Located in Southwest Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Appropriation Ordinance No. 26614-11-2023 11. M&C 23-1017 (CD 7) Authorize Execution of Amendment No. 3 in the Amount of $125,124.45 to a Engineering Services Agreement with Graham Associates, Inc. for a Revised Contract Amount of $2,799,594.45 for the WJ Boaz Road Widening Improvements Project Motion: Approved. City of Fort Worth Page 7 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 8 of 16 12. M&C 23-1020 (CD 9) Authorize Execution of an Amendment to the Lease Agreement with The Hertz Corporation (City Secretary Contract No. 52485) to Include a Three -Year Term Extension with a Two -Year Renewal Option for Office Space and Parking Spaces at the Municipal Parking Garage Located at 917 Taylor Street at an Annual Rent of $86,348.30 for Year One, and $91,148.30 for Years Two and Three and Authorize Up to Two Parking Spaces to be Converted to Electric Vehicle Charging Stations at the Sole Cost and Expense of The Hertz Corporation Motion: Approved. 13. M&C 23-1021 (CD 7) Authorize Execution of an Engineering Agreement with Teague Nall & Perkins, Inc. in the Amount of $1,126,385.00 for the White Settlement Meter Replacement and Sanitary Sewer Main M-517 Project, Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Resolution No. 5848-11-2023 and Appropriation Ordinance No. 26615-11-2023 14. M&C 23-1023 (CD 9) Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $701,315.00, for the 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Appropriation Ordinance No. 26616-11-2023 15. M&C 23-1024 (CD 7) Authorize Execution of Change Order No. 4 to City Secretary Contract Number 57832, a Community Facilities Agreement with HPC Wellington Nance Development Corporation and 170 Northstar Ranch Developer, Inc for the Wellington Offsite Sanitary Sewer M-584, Decreasing the Total Contract Amount by $128,052.35 Including a Decrease in City Participation by $76,447.25 Motion: Approved. City of Fort Worth Page 8 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 9 of 16 16. M&C 23-1027 (CD 3) Authorize Execution of an Engineering Agreement with Pape -Dawson Engineers, Inc., in the Amount of $391,035.00 for the Water and Sanitary Sewer Replacement Contract, 2023 WSM-G Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2024-2028 Capital Improvement Program Motion: Approved. Appropriation Ordinance No. 26617-11-2023 PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. 23-0666 Notice of Claims for Alleged Damages or Injuries A. General - Removed from Consent Agenda 1. M&C 23-0992 (ALL) Ratify Application for and, if Awarded, Acceptance of a Grant from the United States Environmental Protection Agency in an Amount Up to $500,000.00 for Conducting Environmental Site Assessments and Developing Cleanup Plans throughout the City with a Special Focus on the Neighborhoods Included Within the Boundaries of US-287/IH-30, IH-35 W, East Berry Street, and IH-820 in Fort Worth Motion: Council Member Beck made a motion, seconded by Council Member Blaylock that M&C 23-0992 be approved. Motion passed 11-0. Mayor Parker advised that M&C 23-1016 would be moved up on the agenda. 2. M&C 23-1016 (ALL) Authorize Execution of Memorandum of Understanding with the Tarrant Regional Water District to Establish the Good Natured Greenspace Initiative Motion: Mayor Pro tem Bivens made a motion, seconded by Council Member Williams, that M&C 23-1016 be approved. Motion passed 11-0. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Utwomine and Recent Events Council Members Flores, Nettles, Beck and Martinez announced upcoming and recent events within the City and various Council districts. City of Fort Worth Page 9 Primed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 10 of 16 2. Recognition of Citizens There was no recognition of citizens. 3. Approval of Ceremonial Travel There was no approval of ceremonial travel. James Smith appeared before Council in support of M&C 23-0999. Adrian Smith appeared before Council via conference call in support of M&C 23-0999. PRESENTATIONS BY THE CITY COUNCIL Council Proposal - NONE There were no Council Proposals. Changes in Membership on Boards and Commissions - NONE There were no changes in membership on boards and commissions. 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. RESOLUTIONS 1. 23-0770 A Resolution Appointing Fernando Costa to the Board of Directors of Fort Worth Community Land Trust, a Texas Non -Profit Corporation Motion: Council Member Beck made a motion, seconded by Mayor Pro tem Bivens, that Resolution No. 5849-11-2023 be adopted. Motion passed 11-0. City of Fort Words Page 10 Printer! on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 11 of 16 2. 23-0768 A Resolution of the City of Fort Worth, Texas, Authorizing the City Attorney or Designee to Opt the City Out of the 3M and Dupont Class Action Settlements for Drinking Water Contamination; Authorizing Related Memoranda of Understanding with the City's Wholesale Water Customers; and Authorizing Litigation Against 3M, Dupont, and Other Parties as Necessary, Including, But not Limited to, the Department of Defense Motion: Council Member Beck made a motion, seconded by Council Member Crain, that Resolution No. 5850-11-2023 be adopted. Motion passed 11-0. PUBLIC HEARING 1. M&C 23-1028 (ALL) Conduct Public Hearing and Adopt Ordinance Establishing Standards of Care for Youth Programs in the City of Fort Worth for 2024 (PUBLIC HEARING - a. Report of City Staff: Kelli Pickard; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) Mayor Parker opened the public hearing. a. Report of City Staff Kelli Pickard, Park and Recreation Department, appeared before Council and provided a staff report. b. Public Comment There were no public comments. C. Council Action Motion: Council Member Flores made a motion, seconded by Council Member Martinez, that the public hearing be closed, that M&C 23-1028 be approved and Ordinance No. 26618-11-2023 be adopted. Motion passed 11-0. City of Fort Worth Page 11 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 12 of 16 2. 23-0769 (Future CD 10) Conduct Second Public Hearing for Proposed City -Initiated Full -Purpose Annexation of Approximately 4.825 Acres of Right of Way, Commonly Known as Willow Springs Road, in Tarrant County, Located East of Highway 287, and Extending North from Bonds Ranch Road for Approximately 2,967-Feet, in the Far Northwest Planning Sector (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing) Mayor Parker opened the public hearing. a. Report of City Staff Stuart Campbell, Development Services Department, appeared before Council and provided a staff report. b. Public Comment There were no public comments. C. Council Action Motion: Council Member Blaylock made a motion, seconded by Council Member Beck, that the public hearing be closed. Motion passed 11-0. 3. 23-0773 (Future CD 7) Conduct Second Public Hearing for Proposed City -Initiated Full -Purpose Annexation of Approximately 2.595 Acres of Right of Way, Commonly Known as Wagley Robertson Road, in Tarrant County, Located South of Heritage Trace, East of Highway 287 and Extending Approximately 1,690-Feet in the Far Northwest Planning Sector (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing) Mayor Parker opened the public hearing. City of Fort Worth Page 12 Printed on 121512013 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 13 of 16 a. Report of City Staff Stuart Campbell, Development Services Department, appeared before Council and provided a staff report. b. Public Comment There were no public comments. C. Council Action Council Member Crain advised that he filed a Conflict of Interest Affidavit with the City Secretary's Office pertaining to M&C 23-0773 and would abstain from voting on this issue. Motion: Council Member Hill made a motion, seconded by Council Member Nettles, that the public hearing be closed. Motion passed 10-0, with one abstention from Council Member Crain. 4. 23-0774 (Future CD 6) Conduct Second Public Hearing for Proposed City -Initiated Full -Purpose Annexation of Approximately 0.395 Acres of Right of Way, Commonly Known as West Cleburne Road, in Tarrant County, Located South of McPherson and North of Cleburne Crowley, Extending Approximately 411-Feet, in the Far Southwest Planning Sector (PUBLIC HEARING - a. Report of City Staff. Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing) Mayor Parker opened the public hearing. a. Report of City Staff Stuart Campbell, Development Services Department, appeared before Council and provided a staff report. b. Public Comment City of Fort Worth Page 13 Printer! on 12MT023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 14 of 16 There were no public comments. C. Council Action Motion: Council Member Williams made a motion, seconded by Council Member Lauersdorf, that the public hearing be closed. Motion passed 11-0. REPORT OF THE CITY MANAGER B. General 1. M&C 23-0999 (ALL) Authorize Settlement and Payment in the Amount of $3,500,000.00 for the Claims of Amber Carr, on Behalf of Minor Z.C. Related to the Lawsuit Entitled David Bakutis, as Administrator for the Estate of Atatiana Jefferson v. Aaron Dean, et at. and Amber Carr, on Behalf of Minor, Z.C. v. Aaron Dean, et at (Cause No. 4:21-CV-00665-Y Consolidated with Civil Action No 4:21-CV-1053-Y) Motion: Council Member Nettles made a motion, seconded by Mayor Pro tem Bivens, that M&C 23-0999 be approved. Motion passed I 1-0. D. Land 1. M&C 23-1022 (CD 6) Amend Mayor and Council Communication L-16243 to Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 9.5664 Acres of Land in Right -of -Way Easements, 1.013 Acres of Land in Permanent Slope Easements, 0.7113 Acres of Land in Permanent Drainage Easements and 1.7255 Acres of Land for a Temporary Construction Easement from Property Owned by COHIX, LLC, a Texas Limited Liability Company, Located in the Moses Walters Survey, Abstract No.1598, J. H. Duncan Survey, Abstract No. 398 in City of Fort Worth, Tarrant County, Texas, for the McCart Avenue/McPherson Boulevard Project (2014 Bond Program) Motion: Council Member Williams made a motion, seconded by Council Member Nettles, that M&C 23-1022 be approved and adopt Resolution No. 5851-11-2023 authorizing the use of power of eminent domain to acquire 9.5664 acres of land in right-of-way easements, 1.013 acres of land in permanent slope easements, 0.7113 acres of land in permanent drainage easements and 1.7255 acres of land for a temporary construction easement from property owned by COHIX, LLC, a Texas City offort Worth Page 14 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 15 of 16 Limited Liability Company, located in the Moses Walters Survey, Abstract No.1598, J. H. Duncan Survey, Abstract No. 398 in City of Fort Worth, Tarrant County, Texas. The land rights in the subject property are needed for the McCart Avenue/McPherson Project; a public purpose that provides for new travel lanes, intersection improvements, storm drainage improvements, sidewalks, and streetlights as necessary. The property is further described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication. Motion passed 11-0. F. Award of Contract 1. M&C 23-1010 (ALL) Authorize Execution of a Professional Services and Operating Agreement with Child Care Associates Authorizing Child Care Associates to Oversee Design, Construction, Installation, and Development of a Childcare Facility Located at 8201 Calmont Avenue, and to Operate Facility on Completion and Authorize Any Other Documents Deemed Necessary to Carry Out the Construction and Operation of the New Childcare Facility, Including Amendments to the Existing Lease with Child Care Associates for the Property Council Member Crain advised that he filed a Conflict of Interest Affidavit with the City Secretary's Office pertaining to M&C 23-1010 and would abstain from voting on this issue. Motion: Council Member Nettles made a motion, seconded by Council Member Williams, that M&C 23-1010 be approved. Motion passed 10-0, with one abstention from Council Member Crain. 2. M&C 23-1025 (CD 7) Authorize Execution of a Change Order for Construction Manager at Risk Contract with Sedalco, Inc., in the Amount of $32,041,528.00, Including an Owner's Construction Contingency Allowance, and Construction Administration Services Contract in the Amount of $621,370.00 which Includes Reimbursable Expenses to Grace Hebert Curtis Architects, LLC for the Will Rogers Memorial Center Sheep and Swine Barns Renovations Motion: Council Member Hill made a motion, seconded by Council Member Beck, that M&C 23-1025 be approved. Motion passed 11-0. City of Fort Worth Page 15 Printed on 121512023 CITY OF FORT WORTH, TEXAS CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 Page 16 of 16 3. M&C 23-1026 (CD 9) Authorize Execution of a Contract with C.F. McDonald Electric, Inc. in the Amount of $19,373,469.00 for Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants Project, Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt Project and Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program Motion: Council Member Beck made a motion, seconded by Council Member Crain, that M&C 23-1026 be approved and Resolution No. 5852-11-2023 and Appropriation Ordinance Nos. 26619-11-2023 and 26620-11-2023 be adopted. Motion passed 11-0. ADJOURNMENT There being no further business, Mayor Parker adjourned the meeting at 11:18 a.m. in honor of Zach Muckleroy and his two children, Judson and Lindsay, who passed away on Wednesday, November 22, 2023. These minutes were approved by the Fort Worth City Attest: a�nnette S. Goodall ty Secretary on the 9th d y of January, 2024. red: Parker City offort Worth Page 16 Printed on 12/5/2023