Loading...
HomeMy WebLinkAbout2013/09/17-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 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 Gyna M. Bivens, 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 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 10:01 a.m. on Tuesday, September 17, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. 11. INVOCATION - Reverend S. David Wvnn, Sr., Agape Metro Community Church The invocation was provided by Council Member Espino. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 10, 2013 Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that the minutes of the Regular meeting of September 10, 2013, be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 2 of 34 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication L-15616 be removed from the Consent Agenda. V1. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, 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-17996 - Authorize Acceptance of Funds from Tarrant County 9-1-1 District in the Amount Up to $652,994.00 for the Public Safety Radio Upfirade Project for Fiscal Year 2013 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of funds from Tarrant County 9-1-1 District for Fiscal Year 2013 in the amount up to $652,994.00 for the Public Safety Radio Upgrade Project; and adopt Appropriation Ordinance No. 20933-09-2013 increasing the estimated receipts and appropriations in the Information Systems Capital Projects Fund, in the amount of $652,994.00, subject to receipt of the funds, for the same purpose as reflected above. 2. M&C G-17997 - Adopt Ordinance Amendinp, Section 2-186, Political Activities, of Article V, Human Resources, of Chapter 2, Administration, of the Code of the City of Fort Worth, Texas, to Provide a Definition for an "Employee," Define Certain Appointed Persons as "Officers" and Provide that an Employee may Become a Candidate for Public Office (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 20934-09- 2013 amending Chapter 2, "Administration", Article V, "Human Resources", Section 2-186, "Political Activities", of the Code of the City of Fort Worth, Texas (1986), as amended, to provide that an employee may become a candidate for public office, in accordance with state law. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 3 of 34 3. M&C G-17998 - Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Agency LC Group, Inc., to Operate Three Limousines 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: Agency LC Group, Inc., has performed satisfactorily under the terms of its operating authority; the service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code; Agency LC Group, Inc., is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code; the general welfare of the citizens of the City will best be served by the continued operation of three limousines by Agency LC Group, Inc.; and adopt Ordinance No. 20935-09-2013 granting the privilege of operating authority to Agency LC Group, Inc., 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 three limousines for a one-year period beginning on the effective date; providing for written acceptance by Agency LC Group, Inc., and conditioned Agency LC Group, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended, 4. M&C G-17999 - Approve Findings of the Ground Transportation Coordinator Regarding Application of Five Star Limo Service to Operate Three Limousines Within the City of Fort Worth and Adopt Ordinance Grantiny, 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 limousine upon the City streets, alleys and thoroughfares; Five Star Limo Service, is qualified and financially able to conduct a limousine service within the City; Five Star Limo Service, has complied with the requirements of Chapter 34 of the City Code; Five Star Limo Service, presented facts in support of compelling demand and necessity for three limousines; the general welfare of the citizens of the City will best be served by the addition of one limousine upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20936-09- 2013 granting the privilege of operating authority to Five Star Limo Service, 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 three limousines for a one-year period beginning on the effective date; providing for written acceptance by Five Star Limo Service, and conditioned on Five Star Limo Service, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 4 of 34 5. M&C G-18000 - Approve Findings of the Vehicle for Hire Review Board Regarding Renewal Application of Classic Shuttle Acquisition Corporation d/b/a Go Yellow Checker Shuttle, to Operate Seventy-Five Shuttles 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: Classic Shuttle Acquisition Corporation d/b/a Go Yellow Checker Shuttle has performed satisfactorily under the terms of its operating authority; the service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code; Classic Shuttle Acquisition Corporation dib/a Go Yellow Checker Shuttle is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code; the general welfare of the citizens of the City will best be served by the continued operation of 75 shuttles by Classic Shuttle Acquisition Corporation d/b/a Go Yellow Checker Shuttle; and adopt Ordinance No. 20937-09-2013 granting the privilege of operating authority to Classic Shuttle Acquisition Corporation d/b/a Go Yellow Checker Shuttle for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its shuttle business, which shall consist of the operation of 75 shuttles for a one-year period beginning on the effective date; providing for written acceptance by Classic Shuttle Acquisition Corporation d/b/a Go Yellow Checker Shuttle and conditioned Classic Shuttle Acquisition Corporation d/b/a Go Yellow Checker Shuttle complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 6. M&C G-18001 - Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Godfather Trans, Inc., to Operate Five Limousines 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: Godfather Trans, Inc., has performed satisfactorily under the terms of its operating authority; the service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code; Godfather Trans, Inc., is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code; the general welfare of the citizens of the City will best be served by the continued operation of five limousines by Godfather Trans, Inc.; and adopt Ordinance No. 20938-09-2013 granting the privilege of operating authority to Godfather Trans, Inc., 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 five limousines for a one-year period beginning on the effective date; providing for written acceptance by Godfather Trans, Inc., and conditioned Agency LC Group, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 5 of 34 7. M&C G-18002 - Approve Findings of the Vehicle for Hire Review Board Regardinp- Renewal Application of Super Shuttle DFW, Inc., to Operate One Hundred Shuttles Within the City of Fort Worth and Adopt Ordinance Grantin Such Authority (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: Super Shuttle DFW, Inc., has performed satisfactorily under the terms of its operating authority; the service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code; Super Shuttle DFW, Inc., is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code; the general welfare of the citizens of the City will best be served by the continued operation of 100 shuttles by Super Shuttle DFW, Inc.; and adopt Ordinance No. 20939-09-2013 granting the privilege of operating authority to Super Shuttle DFW, Inc., 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 100 shuttles for a one-year period beginning on the effective date; providing for written acceptance by Super Shuttle DFW, Inc., and conditioned Super Shuttle DFW, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 8. M&C G-18003 - Adopt the Revised Schedule of Rates and Charges for the Fort Worth Convention Center and the Will Rogers Memorial Center to be Effective on October 1, 2013 (COUNCIL DISTRICTS 7 and 9) The City Council approved the following recommendation: Adopt the revised Schedule of Rates and Charges for the Fort Worth Convention Center and the Will Rogers Memorial Center to be effective on October 1, 2013, with the exception of fees already contracted and committed to in executed agreements. B. Purchase of Equipment, Materials, and Services - Consent Items I. M&C P-11575 - Authorize Purchase of Forty-One Full and Mid-Size Pickup Trucks from Philpott Motors, LTD d/b/a Philpott Ford, Using a Cooperative Contract for Multiple City Departments in the Amount of $918,771.16 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of 41 full and mid-size pickup trucks from Philpott Motors, LTD d/b/a Philpot Ford, using the Texas Association of School Boards Cooperative Contract No. 358-10 for multiple City departments in the amount of$918,771.16. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 6 of 34 2. M&C P-11576 - Authorize Purchase of Six Ford Vans from Philpott Motors, LTD d/b/a Philpott Ford, Using a Cooperative Contract for the Equipment Services Department, Information Technolopy Department and Transportation and Public Works Department in the Amount of$127,788.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of six Ford vans from Philpott Motors, LTD d/b/a Philpott Ford, using Texas Association of School Board Cooperative Contract No. 358-10 for multiple City departments in the amount of$127,788.00. 3. M&C P-11577 - Authorize Purchase of a 2013 V6gele Paver from Kirby Smith Machinery, Inc., in the Amount of$149,294.00, Usinp- a Cooperative Contract for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a 2013 V6gele paver from Kirby Smith Machinery, Inc., in the amount of $149,294.00, using the Houston-Galveston Area Council Cooperative Contract No. SM-10-12 for the Water Department. 4. M&C P-11578 - Authorize Purchase of a Freightliner Truck with Chipper Body from ATC Freightliner Group in the Amount of $111,495.49, Usiny, a State of Texas Smart Buy Cooperative Contract for the Transportation and Public Works Department(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a Freightliner Truck with Chipper Body from ATC Freightliner Group, in the amount of $111,495.49, using a State of Texas Smart Buy Cooperative Contract for the Transportation and Public Works Department. 5. M&C P-11579 - Authorize Purchase of a Freightliner Truck with Vactor Sewer Body from ATC Freightliner Group in the Amount of$328,282.93, Using a State of Texas Smart Buy Cooperative Contract for the Transportation and Public Works Department (ALL COUNCIL DISTRICTS The City Council approved the following recommendation: Authorize the purchase of a Freightliner Truck with Vactor Sewer Body from ATC Freightliner Group:, in the amount of $328,282.93, using a State of Texas Smart Buy Cooperative Contract for the Transportation and Public Works Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 7 of 34 6. M&C P-11580 - Authorize Agreement with Mythics, Inc., Through a General Services Administration Cooperative Contract for Oracle GoldenGate Software, Maintenance and Technical Support for the Information Technology Solutions Department in the Amount Up to $74,247.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an agreement with Mythics, Inc., through General Services Administration Cooperative Contract No. GS-35F- 0153M for Oracle GoldenGate Software, maintenance and technical support for the Information Technology Solutions Department in the amount up to $74,247.00 for the first year. C. Land - Consent Items 1. M&C L-15613 - Authorize Acquisition of a Fee Simple Interest in a Total of 0.353 Acres of Land for Right-of-Way, a Permanent Easement Interest in a Total of .021 Acres of Land for Drainage and a Temporary Easement Interest in a Total of 0.331 Acres of Land for Construction from Various Landowners for the Old Decatur Road Improvement Project No. 01749, Located from WJ Boaz Road to McLeroy Boulevard in the Amount of $108,830.00, Pay Estimated Closing Costs in the Amount of $14,000.00 for a Total Amount of $122,830.00 and Adopt Appropriation Ordinance (ETJ NEAR COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20940-09-2013 increasing estimated receipts and appropriations in the TPW Gas Well Revenues Fund in the amount of$122,830.00, from available funds, for the purpose of the acquisition of land for right-of-way for the Old Decatur Road Project; authorize the acquisition of a fee simple interest in a total of 0.353 acres of land described as the Alexander F. Albright Survey, Abstract No. 1849, Tract 1, located at 7915 Old Decatur Road, and owned by J.D. and Shawrma K. Slatten, Alexander F. Albright Survey, Abstract No. 1849, Tract I.OA, located at 7855 Old Decatur Road, and owned by Pearl Thomas, and 1530 Staree Lane, and owned by James and Schelia Fisher, and Lot 27, Block 22 and Lot 25, Block 23, Parkview Hills, and owned by Parkview Hills Homeowners Association, Inc., for rights-of-way, a permanent easement interest in a total of 0.021 acres of land located at 1530 Staree Lane, for drainage and a temporary easement interest in a total of 0.331 acres of land located at 7915 Old Decatur Road, 7855 Old Decatur Road, and 1530 Staree Lane for construction, from various landowners, for the Old Decatur Road Improvement Project No. 01749, located from WJ Boaz Road to McLeroy Boulevard, for a total price in the amount of$108,830.00; find that the total purchase price in the amount of $108,830.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing costs in the amount up to $14,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 8 of 34 2. M&C L-15614 - Authorize Execution of a Permanent Sanitary Sewer Easement Agreement for a 0.123 Acre Strip of Land with Richard M. Rogers and Nina A. Rogers for the Installation of an Eight Inch Force Main Sanitary Sewer Line Encased in a Sixteen Inch Steel Casing Under the Southern Half of Lot Block 15, Lake Worth Leases in the Amount of$113,000.00 and Pay Estimated Closing Costs in the Amount Up to $3,000.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of a 0.123 acre permanent sanitary sewer easement with Richard M. and Nina A. Rogers in the amount of $113,000.00 located at Lot 8, Block 15, Lake Worth Leases Addition for the sanitary sewer line lake crossing; find that the amount of$113,000.00 is just compensation for the needed property interest; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and pay the purchase price in the amount of $113,000.00 and the estimated closing costs in the amount up to $3,000.00. 3. M&C L-15615 - Authorize Acquisition of Fee Simple Interest of Land Located at 4807 and 4811 Williams Spring Road in the N.B. Bre2!#ft',.S�urvey, Abstract 189, Tract 6A and 6C, for the Lake Worth Sanitary Sewer Lake Crossing from George S. and Kathy Watts in the Amount of $160,000.00 and Pay Estimated Closin Costs in the Amount Up to $3,000.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest of land located at 4807 and 4811 Williams Spring Road, in the N.B. Breeding Survey, Abstract No. 189, Tract 6A and 6C, for the Lake Worth sanitary sewer lake crossing from George S. and Kathy Watts in the amount of $160,000.00; find that the amount of $160,000.00 is just compensation for the needed property interest; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and pay the purchase price in the amount of$160,000.00 and the estimated closing costs in the amount up to $3,000.00. E. Award of Contract - Consent Items 1. IM&C C-26430 - Authorize Execution of a Licensing Agreement and Purchase of Digital Data for Updated Digital Aerial Photography with North Central Texas Council of Governments for a Total Amount Not to Exceed $76,635.50 for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS The City Council approved the following recommendation: Authorize the execution of a Licensing Agreement and the purchase of digital data to provide updated digital aerial photography with the North Central Texas Council of Governments for a total amount not to exceed $76,635.50 for the Information Technology Solutions Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 9 of 34 2. M&C C-26431 - Authorize Execution of a Contract with Gibson & Associates, Inc., in the Amount of $518,830.00 for Bridge Repair and Rehabilitation at Ten Locations (COUNCIL DISTRICTS 2, 3, 4, 7 and 8) The City Council approved the following recommendation: Authorize the execution of a contract with Gibson & Associates, Inc., in the amount of $518,830.00, for bridge repair and rehabilitation at Bryant Irvin Road (north and south bound) over the Trinity River, Christopher Drive over the tributary of Village Creek, East Allen Avenue over the railroad, East Long Avenue (east and west bound) over the railroad, Great Southwest Parkway (east and west bound) over Little Fossil Creek, Meacham Boulevard (east and west bound) over the tributary of Little Fossil Creek, Old Hemphill Road over Sycamore Creek, South Hulen Street (south bound) over the tributary of Trinity River, Sand Street, over a drain, and Sendera Ranch Boulevard over Henrietta Creek. 3. M&C C-26432 - Authorize Execution of Change Order No. 2 to City Secretary Contract No. 44155, with Mario Sinacola & Sons Excavating, Inc., in the Amount of $354,155.50 for the Construction of North Beach Street from Vista Meadows Drive to South of Shiver Road, Thereby Increasing the Total Contract Amount to $5,137,363.34 (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize execution of Change Order No. 2 to City Secretary Contract No. 44155, with Mario Sinacola & Sons Excavating, Inc., in the amount of$354,155.50, for the construction of North Beach Street from Vista Meadows Drive to south of Shiver Road, thereby increasing the total contract amount to $5,137,363.34. 4. M&C C-26433 - Authorize Execution of an Engineering Services Agreement with Freese and Nichols, Inc., in the Amount of $214,021.00 to Perform Engineering Analysis for the Appeal of Revisions to the Flood Insurance Rate Maps for Sycamore Creek, Bip, Fossil Creek and Dry Branch Creek (COUNCIL DISTRICTS 2, 4, 5, 6, 8 and 9) The City Council approved the following recommendation: Authorize the execution of an Engineering Services Agreement with Freese and Nichols, Inc., in the amount of$214,021.00, to perform engineering analysis for the appeal of revisions to the Flood Insurance Rate Maps for Sycamore Creek, Big Fossil Creek and Dry Branch Creek. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 10 of 34 5. M&C C-26434 - Authorize Execution of an Agreement Granting a Non-Exclusive Privilep_e to Evergreen Disposal Services 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 (ALL COUNCIL DISTRICTS The City Council approved the following recommendation: Authorize the execution of an agreement granting a non-exclusive privilege to Evergreen Disposal Services, pursuant to Chapter 12.5, Article Vill "Solid Waste and Recycling", Division 5 "Private Collectors", of the City Code, to use public streets, alleys and thoroughfares within the City for the business of collecting municipal solid waste. 6. M&C C-26435 - Authorize Execution of a Contract with the Boys and Girls Clubs of Greater Fort Worth in the Amount of$307,015.00 for the Operation of the Safe Haven Youth Prop_ram-Martin Located at 3123 Avenue G (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of a contract with the Boys and Girls Clubs of Greater Fort Worth, in the amount of$307,015.00, for the operation of the Safe Haven Youth Program-Martin located at 3123 Avenue G. 7. M&C C-26436 - Authorize Extension of a Maintenance Agreement with MorphoTrust USA, Inc., for the Idenfix TouchPrint Live Scan Fingerprinting System in the Amount of$10,083.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the extension of a Maintenance Agreement with MorphoTrust, USA, Inc., for the Identix Touch.Print Live Scan Fingerprinting System, in the amount of$10,083.00. 8. M&C C-26437 - Authorize Execution of Amendment No. 3 in the Amount of $262,582.00 to City Secretary Contract No. 39090 with Freese and Nichols, Inc., for a Revised Total Contract Amount of $1,496,013.00 for Desizn of Eastside Pump Station and General Construction Representation for Fifty-Four Inch Eastside 11 Water Main (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of Amendment No. 3, in the amount of $262,582.00, to City Secretary Contract No. 39090 with Freese and Nichols, Inc., for design of Eastside Pump Station and general construction representation for a 54-inch Eastside It Water Main, thereby increasing the contract amount to $1,496,013,00. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 11 of 34 9. M&C C-26438 - Authorize Execution of Amendment No. 1 to City Secretsry Contract No. 44281, an Engineering Agreement with Brown & Gay Engineers, Inc., in the Amount of $175,805.00 for a Total Contract in the Amount of $1,354,569.00 for Northside 11 48-inch Water Main, Phase I from Heritage Trace Parkway to Alta Vista Road ACOUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Amendment No. I to City Secretary Contract No. 44281, an Engineering Agreement with Brown & Gay Engineers, Inc., in the amount of$175,805,00, for the Northside 11 48-inch water main, Phase I from Heritage Trace Parkway to Alta Vista Road, thereby increasing the contract amount to $1,354,569.00. 10. M&C C-26439 - Authorize Execution of a Professional Services Contract with Freese and Nichols, Inc., in the Amount of$100,000.00 for the On-Call Water and Wastewater Modelinp- Professional Services Contract with Renewal Option JALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract with Freese and Nichols, Inc., in the amount of$100,000.00, for the On-Call Water and Wastewater Modeling Professional Services Contract with renewal option. 11. M&C C-26440 - Authorize Execution of a First Renewal and Amendment to Ci Secretary Contract No. 44022, an Interlocal Agreement with the Fort Worth Independent School District to Operate the 21st Century Community Learning Center Program at Rosemont and Daggett Middle Schools, to Extend Term for an Additional Year and to Revise Funding Amount to $85,020.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of the First Renewal and Amendment to City Secretary Contract No. 44022, an Interlocal Agreement with the Fort Worth Independent School District to operate the 21st Century Community Learning Center Program and provide after-school services at Rosemont and Daggett Middle Schools, to extend the term for an additional year effective from August 1, 2013, through July 31, 2014, and revise the funding amount to $85,020.00; and adopt Appropriation Ordinance No. 20941-09- 2013 increasing estimated receipts and appropriations in the Grants Fund, in the amount of $85,020.00, subject to receipt of a grant from the Fort Worth Independent School District, for the same purpose as reflected above. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 12 of 34 12. M&C C-26441 - Authorize Execution of an Interlocal Agreement with the Tarrant Regional Water District for Additional Local Funding in the Amount of $14,000.00 for the Neighborhood Transportation Connections for Pedestrians and Bicycles Project and Adopt Appropriations Ordinance (COUNCIL DISTRICTS 3, 4, 8 and 9) The City Council approved the following recommendation: Authorize execution of an Interlocal Agreement with the Tarrant Regional Water District for additional local funding, in the amount of $14,000.00, for the Neighborhood Transportation Connections for Pedestrians and Bicycles Project; and adopt Appropriation Ordinance No. 20942-09-2013 increasing estimated receipts and appropriations in the Grant Capital Projects Fund, in the amount of $14,000.00, from the Tarrant Regional Water District providing additional local funding for the same purpose as reflected above. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1897- Notice of Claims for Alleged Damages and/or Iniuries Eric[ of Consent Agenda c. Land - Removed from Consent Agenda 4. M&C L-15616 - Ratify Purchase of Tax-Foreclosed Property Located at 922 South Retta Street in the Amount of $20,500.00 from Tarrant County Constable Darrell Huffman and Dedicate the Property as Public Parkland as an Addition to Gid Hooper Park (COUNCIL DISTRICT 8) Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication L-15616 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 13 of 34 Ix. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation of Hispanic Heritage Month Council Member Espino presented a proclamation for Hispanic Heritage Month to Ms. Patricia Garcia, 2013 Chair, Hispanic Heritage Employee Celebration Committee. He stated that since its founding, the nation's history had been shaped by a diversity of race, culture and traditions, including that of Hispanics who have come from Spain, Mexico and the Caribbean, as well as Central and South American countries, in pursuit of freedom and the opportunity to achieve their dreams. During National Hispanic Heritage Month, September 15, 2013, through October 15, 2013, the City Council would celebrate the success of the Hispanic community. He added that the City of Fort Worth recognized that Hispanic residents contribute to the strength and success of the United States through business, law, community service, politics, the arts, education and many other fields. He further stated that across America, Hispanics protect neighborhoods as police officer and first responders, guide youth as teachers and mentors, and boost economic growth as business owners and operators, in addition to serving as members in the Armed Forces, heroically fighting and dying in every war since the American Revolution, defending the liberties and security of the United States, many serving before becoming American citizens. He added that the City of Fort Worth honored the accomplishments of the Hispanic community in its role in shaping the City, as well as the City employees who established the Hispanic Heritage Employee Celebration Committee 12 years ago, so that the rich cultural traditions of the Hispanic community could be shared and recognized by all. 2. Presentation of Proclamation of Prostate Cancer Awareness Myor Betsy Price presented a proclamation for Prostate Cancer Awareness to Mr. Chris Goetz, Founder, Cowntown Cruisin' for a Cure. She stated that Cowtown Cruisin' for a Cure was established in Fort Worth to provide education and screening for prostate cancer in Tarrant County through Texas Health Resources, the Harris Methodist Foundation, UNT Health Science Center and National Cruisin' for a Cure. She added that Cowtown Cruisin' for a Cure is held each September and not only provides a great car show, but also had helped prevent prostate cancer deaths through screening and advocacy. She stated that prostate cancer was the second most common cause of cancer mortality among men in the United States, and more than 240,000 new cases of prostate cancer would be diagnosed this year and over 28,000 men would die from the disease this year. She further added that research indicated that men could reduce their risk of prostate cancer mortality if they followed recommended prostate cancer screening and examination guidelines including an examination by a health care provider. Mr. Goetz announced that the 12th Annual Cowntown Cruisin' for a Cure Car Show would be held on Saturday, September 21, 2013, from 10:00 a.m. to 3:00 p.m., in downtown Fort Worth. He stated that the car show was a fundraiser to raise awareness about prostate cancer, that there would be free cancer screenings and invited everyone to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 14 of 34 City Secretary Kayser advised that Mayor and Council Communications G-18004 was a donation and would be moved up on the agenda. 1. M&C G-18004 - Authorize Execution of Ap-reements to Accept the Donation of a Vehicle and High Performance Cameras Valued in the Amount of$4,377.00 from the National Insurance Crime Bureau (ALL COUNCIL DISTRICTS) Mayor Pro tem Zimmerman presented a certificate of recognition to Mr. Jerry Allen, National Insurance Crime Bureau. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18004 be approved with appreciation. The motion carried unanimously 9 ayes to 0 nays. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. UpcominjZ and Recent Events Council Member Bivens announced that the JavaFW Caffeinated Town Hall meeting would be held on Thursday, September 26, 2013, at 9:00 a.m., at Sweet Home Missonary Baptist Church, 5225 Ramey Street, and invited everyone to attend. She added that after the Town Hall meeting, she and the Mayor would be leaving Sweet Home Baptist Church to attend a demolition at the comer of East Berry Street and Stalcup Avenue with School Board Trustees, students from the Urban Planning Team at Dunbar High School, and students of Eastern Hills High School, and invited everyone to attend. Council Member Bums announced that the SteerFW would be hosting the Bluebonnet Circle Better Block Event Saturday, September 21, 2013, from 12:00 p.m. to 7:00 p.m., at 3516 Bluebonnet Circle and invited area residents, neighborhoods and businesses to attend. Council Member Allen Gray announced that the 2013 Southeast Community Praise Walk would take place on Saturday, September 21, 2013, at 7:00 a.m. She added that Mayor Price, Council Member Bivens, State Representatives Mark Veasey and Nicole Collier, and she would be attending the 6.1-mile walk hosted by First Saint John Cathedral and Mount Olive Baptist Church. She stated that the walk would begin at Berry Street and 1-35 and would end in District 5 at Berry Street and 820, and she invited everyone to attend. She also announced that Mayor Price and she would be attending the Healthy Kappas Community Health Fair, Saturday, Saturday 21, 2013, from 11:00 a.m. to 3:00 p.m., at the Ella Mae Shamblee Library, 1062 Evans Avenue. She added that the event would be sponsored by the Fort Worth Chapter of Kappa Alpha Psi's and invited everyone to attend. Council Member Jordan congratulated Wedgwood Shopping News on the celebration of their 50th anniversary of providing local information to the Wedgwood community. He announced that the BikeFW Rolling Town Hall meeting would be held on Wednesday, September 18, 2013, at 5:30 p.m., at the North Crowley Ninth Grade Campus, located at 4630 McPherson Boulevard, and invited everyone to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 15 of 34 Council Member Espino expressed appreciation to Mayor Price for attending the Hispanic Heritage events that took place on Saturday, September 14, 2013, and Sunday, September 15, 2013, sponsored by All Saints Catholic Church and the 16 de Septiembre Parade Committee. He announced that the 2014 Bond Program Public Input Meetings would take place on Wednesday, September 18, 2013, at 6:30 p.m., at the Northwest Branch Library, 6228 Crystal Lake Drive, and on Thursday, September 26, 2013, at 6:30 p.m., at the All Saints Catholic Church, 214 Northwest 20th Street, and invited everyone to attend. 2. Recognition of Citizens There were no recognition of citizens. 3. Approval of Ceremonial Travel There was no approval of ceremonial travel. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. 2. Council Proposal No. 297 - Waiver of Festival Equipment Rental Fee for the Harambee Festival Note: Council procedure provides that Council proposals are introduced at one meeting and followed by Council action at the next Council meeting. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communication from boards, commissions and/or City Council committees. City Secretary Kayser advised that items, "XIII. ORDINANCES" number 1 through 4; and "XIV. RESOLUTIONS" number 1 would be moved down the Agenda and considered after all of the items under "XVII. BUDGET HEARING". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 16 of 34 XIV. RESOLUTIONS 2. A Resolution Approving the Fiscal Year 2014 Budget for Dallas/Fort Worth International Airport It was recommended that the City Council adopt a resolution approving the Fiscal Year 2014 budget for Dallas/Fort Worth International Airport. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Resolution No. 4242-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. A Resolution Appointing Members to the Fort Worth Transportation Authority .Executive Committee It was recommended that the City Council adopt a resolution appointing the following members to the Fort Worth Transportation Authority Executive Committee, effective September 17, 2013: Council District Name Council Member 2 Neftali Ortiz Sal Espino 3 Scott Mahaffey Zim Zimmerman 4 Ken Newell Danny Scarth 5 Dennis Dunkins Gyna M, Bivens 6 Jeff King Jungus Jordan 7 Carter Burdette Dennis Shingleton 8 Andre' McEwing Kelly Allen Gray 9 Jeff Davis Joel Bums Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Resolution No. 4243-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. A Resolution Authorizing the City Manager to Initiate the Creation of Airport Overlays and Runway Protection Zones for Alliance, Meacham and Spinks Municipal Airports It was recommended that the City Council adopt a resolution authorizing the City Manager to initiate the creation of airport overlays and runway protection zones for Alliance, Meacham and Spinks Municipal Airport. Motion: Council Member Shingleton made a motion, seconded by Council Member Bums, that Resolution No. 4244-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 17 of 34 XV. REPORT OF THE CITY MANAGER B. General 2. M&C G-18005 - Adopt Appropriation Ordinance Increasinp, Estimated Receipts and Appropriations in the 2007 Critical Capital Projects Fund, the New Equipment Purchases Fund, the Street Improvements 2004 Overrun Fund and the Street Improvements 2008 Overrun Fund in the Combined Amount of $48,895,000.00 from the Sale of City of Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2013A, for the Purpose of Funding Various Proiects for Capital Improvements and Reimbursinp, Certain Equipment Purchases (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund, the New Equipment Purchase Fund, the Street Improvements 2004 Overrun Fund and the Street Improvements 2008 Overrun Fund, in the amount of$48,895,000,00, from the sale of Combination Tax and Revenue Certificates of Obligation, Series 2013A, for the purpose of funding various projects from the 2007 Critical Capital Needs Program, funding additional costs from the 2004 and 2008 Bond Programs, reimbursing the New Equipment Purchases Fund for the purchase of fire equipment, additional arterial and bridge projects and paying issuance costs. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication G-18005 be approved and Appropriation Ordinance No. 20943-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. M&C G-18006 - Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Street Improvements Fund, the Park Improvements Fund and the Street Improvements 2008 Fund in the Combined Amount of $11,500,000.00 from the Sale of City of Fort Worth, Texas, General Purpose Refundinp, and Improvement Bonds, Series 2013, to Fund Projects in the 2004 and 2008 Bond Programs (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund, the Parks Improvements Fund, and the Street Improvements 2008 Fund, in the amount of$11,500,000.00, from the sale of City of Fort Worth, Texas, General Purpose Refunding and Improvement Bonds, Series 2013, for the purpose of funding projects in the 2004 and 2008 Bond Programs. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication G-18006 be approved and Appropriation Ordinance No. 20944-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,) TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 18 of 34 4. M&C G-18007 - Adopt Appropriation Ordinance Inereasiny, Estimated Receipts and Appropriations in the Public Events Capital Projects Fund in the Amount of $11,000,000.00 from the Sale of Combination Tax and Revenue Certificates of Obligation, Series 2013B, for the Purpose of Funding Capital Improvements to Will Ropers Memorial Center (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations in the Public Events Capital Projects Fund, in the amount of $11,000,000.00, from the sale of Combination Tax and Revenue Certificates of Obligation, Series 2013B, for the purpose of funding design and construction of capital improvements to the Will Rogers Memorial Center. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication G-18007 be approved and Appropriation Ordinance No. 20945-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M&C G-18008 - Authorize Execution of an Interlocal Agreement with Tarleton State University Re2ardinp, Collaboration on the International Professional Policing Certificate Program and Development and Implementation of a Leadership Traininp, Program for Fort Worth Police Department Sergeants and Lieutenants (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of an Interlocal Agreement with Tarleton State University regarding collaboration on the International Professional Policing Certificate Program and development and implementation of a leadership training program for Fort Worth Police Department sergeants and lieutenants. Motion: Council Member Bums made a motion, seconded by Mayor Pro tem Zinurierman, that Mayor and Council Communication G-18008 be approved. The motion carried unanimously 9 ayes to 0 nays. 6. M&C G-18009 - Adopt Ordinance Revising Retail Water and Wastewater Rates and Charges for Volume Usage and Amending Sections 35-56(b), (e) and (d), Article III "Charges", of Chapter 35 "Water and Sewers" of the City Code, Effective January 1, 2014 (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance amending Section 35-56(b), (c), and (d), Article III "Charges", 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, 2014. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Bums, that Mayor and Council Communication G-18009 be approved and Ordinance No. 20946-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 19 of 34 7. M&C G-18010 - Adopt Ordinance Revisinp_ Wholesale Water, Wastewater and Raw Water Service Rates and Amending Chapter 35 "Water and Sewers" Article III "Charles", Section 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) and (h), revising wholesale and raw water rates for water and wastewater, effective October 1, 2013. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18009 be approved and Ordinance No. 20947-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. D. Land 1. M&C L-15617 - Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.1239 Acres of an Improved Lot Located at 3501 Lebow Street Owned by Eduardo Ibarra for the Lebow Channel Drainage Improvements Project (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 0.1239 acres of an improved lot owned by Eduardo fbarra and known as 3501 Lebow Street, Lot 18, Block 16, Dixie Wagon Mfg. Co. Addition, City of Fort Worth, Tarrant County, Texas, according to the deed recorded in Instrument No. D206321288, Deed Records, 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 Lebow Channel Drainage Improvements Project; authorize the City Attorney to institute condemnation by eminent domain proceedings for a fee simple interest in 0.1239 acres of improved land to be used for drainage improvements; 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 L-15617 be approved and the Fort Worth City Council authorize use of the power of eminent domain to acquire a fee simple interest in 0.1239 acres of land from Eduardo Ibarra needed for the Lebow Channel Drainage Improvements Project from the tract of land known as Lot 18, Block 16, Dixie Wagon Mfg. Co. Addition, Tarrant County, Texas, also known as 3501 Lebow Street, Fort Worth, Texas. The land rights will be used for the Lebow Channel Drainage Project. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 20 of 34 2. M&C L-15618 - Authorize Condemnation by Eminent Domain for an Easement Interest in 0.017 Acres of Land for Sewer and Drainap_e on Property Located at 2963 Lovinp, Avenue Owned by Juan Martinez for the Loving Channel Drainage Improvements Project (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and Juan Martinez to acquire an easement interest in 0.017 acres of land for sewer and drainage improvements on his property located at 2963 Loving Avenue, Fort Worth, Texas, were unsuccessful because Mr. Martinez failed to respond to the City's initial and final offers; declare the necessity to acquire the easement interest in the property for the Loving Channel Drainage Improvement Project; authorize the City Attorney to institute condemnation by eminent-domain proceedings to acquire the described easement interest in the property; authorize payment pursuant to an award of commissioners or a negotiated settlement; and authorize the City Manager or his designee to accept and record appropriate instruments. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication L-15618 be approved and the Fort Worth City Council authorize use of the power of eminent domain to acquire 0.017 acres of land for a sewer and drainage easement from Juan Martinez needed for the drainage improvements to the existing Loving Channel. The tract of land is located in Lot 4, Block 48, Oak Grove Addition, Tarrant County, Texas, also known as 2963 Loving Avenue, Fort Worth, Texas. The land rights will be used for the Loving Channel Drainage Improvements Project. The permanent sewer and drainage easement the City seeks is described more specifically in the metes and bounds and survey that are attached to Mayor and Council Communication. The motion carried unanimously 9 ayes to 0 nays. 3. M&C L-15619 - Authorize Condemnation by Eminent Domain for an Easement Interest in 0.017 Acres of Land for Sewer and Drainage for the Loving Channel Drainage Improvements Project Located at 2967 Loving Avenue Owned by Than D. Nguyen (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and the landowner to acquire an easement interest in 0.017 acres of land for sewer and drainage improvements on property owned by Thang D. Nguyen located at 2967 Loving Avenue, Fort Worth, Texas, were unsuccessful because Nguyen failed to respond to the City's initial and final offers; declare the necessity to acquire the easement interest in the property for the Loving Channel Drainage Improvement Project; authorize the City Attorney to institute condemnation by eminent-domain proceedings to acquire the described easement interest in the property; authorize payment pursuant to an award of commissioners or a negotiated settlement; and authorize the City Manager or his designee to accept and record appropriate instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 21 of 34 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication L-15619 be approved and the Fort Worth City Council authorize use of the power of eminent domain to acquire 0.017 acres of land for a sewer and drainage easement from Thang D. Nguyen needed for improvements to the existing Loving Channel. The tract of land is located in Lot 5, Block 48, Oak Grove Addition, Tarrant County, Texas, also known as 2967 Loving Avenue, Fort Worth, Texas, The land rights will be used for the Loving Channel Drainage Improvements Project. The permanent sewer and drainage easement the City seeks is described more specifically in the metes and bounds and survey that are attached to the Mayor and Council Communication, The motion carried unanimously 9 ayes to 0 nays. 4. M&C L-15620 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.083 Acres of Land for Drainage Improvement Purposes on Property Located at 1801 Mitchell Boulevard, Fort Worth, Texas, Owned by the Heirs of Jerome Monroe, for the Burchill Channel Drainage Improvements Pro*ect (COUNCIL DISTRICT 5) It was recommended that the City Council declare that negotiations between the City and the proposed landowner to acquire a permanent easement interest in 0.083 acres of land for drainage improvements on property located at 1801 Mitchell Boulevard, Fort Worth, Texas, owned by the heirs of Jerome Monroe were unsuccessful; declare that there is a public necessity to acquire the easement interest in the property for the Burchill, Channel Drainage Improvements Project; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described easement interest in the property; authorize payment pursuant to an award of corrunissioners or a negotiated settlement; and authorize the City Manager or his designee to accept and record appropriate instruments. Motion: Council Member Bivens made a motion, seconded by Council Member Espino, that Mayor and Council Communication L-15620 be approved and the Fort Worth City Council authorize the use of the power of eminent domain to acquire 0.083 acres of land for a drainage easement from the heirs of Jerome Monroe, needed for drainage improvements to the existing Burchill Channel. The tract of land is located in Tract IC, Abstract No. 1286, in the John Ringer Survey, Tarrant County, Texas, also known as 1801 Mitchell Boulevard, Fort Worth, Texas. The land rights will be used for the Burchill Channel Drainage Improvements Project. The drainage easement the City seeks is described more specifically in the metes and bounds and survey that are attached to the Mayor and Council Communication. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 22 of 34 5. M&C L-15621, - Conduct a Public Hearing and Authorize Use of a Portion of ,Wildwood North Park, Wildwood Park, Camp Joy Park, Sunset Park and Island View Park for the Dedication of Public Road Rights-of-Way and the Installation of a Water Service Line and Associated Infrastructure (COUNCIL DISTRICT 7) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists for the use of Wildwood Park North, Wildwood Park, Camp Joy Park, Sunset Park and Island View Park for the proposed dedication of public road rights-of-way and the installation of a water line and associated infrastructure; find that the proposed dedication of public road rights-of-way and the installation of a water line and associated infrastructure includes all reasonable planning to minimize harm to the parkland, including that all infrastructure will be constructed in Wildwood Park North, Wildwood Park, Camp Joy Park, Sunset Park and Island View Park, as specified in the discussion and exhibits attached to Mayor and Council Communication L-15621; and close the public hearing and authorize the use of approximately 3.17 acres of Wildwood Park North, .78 acres of Wildwood Park, 2.96 acres of Camp Joy Park, 1.01 acres of Sunset Park and 2.92 acres of Island View Park, together totaling 10,84 acres, for the dedication of public road rights-of-way and the installation of a water line and associated infrastructure. • Wildwood Park North - located at 9900 Watercress Drive, north of Watercress Drive, west of Lakeside Road and east of Silver Creek Road. • Wildwood Park - 9849 Watercress Drive, located east of Watercress Drive adjacent to Lake Worth. • Camp Joy Park - 9621 Watercress Drive, located south of Watercress Drive, adjacent to Lake Worth. • Sunset Park - 8855 Watercress Drive, located cast of Peninsula Club Circle, north of Sunrise Point Court and south of Watercress Drive. • Island View Park - 8401 Watercress Drive, located south of Watercress Drive, north of North Lake Drive and Island View Drive. Mayor Price opened the public hearing. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and gave a staff report. b. Citizen Presentations There were no citizen presentations. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 23 of 34 C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication L-15621 be approved. The motion carried unanimously 9 ayes to 0 nays. E. Planniny, & Zoning 1. M&C PZ-3037 - Consider Institution and Adoption of Ordinance for the Owner- Initiated Annexation of Approximately 35.4 Acres of Land, North of Keller Haslet Road and East of Old Denton Road, AX-13-005 (COUNCIL DISTRICT 7) It was recommended that the City Council institute and adopt an ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 35.4 acre tract of land situated in the J. Matthews Survey, Abstract No. 1021, situated about 14.9 miles north nine degrees east of the Courthouse, Tarrant County, Texas (Case No. AX-13-005), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Mr. H. Dennis Hopkins, P.O., Box 637, 2131 North Collins Street, Arlington, completed a speaker card in support of Mayor and Council Communication PZ-3037 but did not address the Council. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication PZ-3037 be approved and Ordinance No. 20948-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M&C C-26364 - Authorize Execution of a Five-Year Tax Abatement Agreement with Modern Ground LLC, for Construction of a Single-Family Dwelling at 2812 Townsend Drive in the Berry/University Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) (Continued from a Previous Meeting) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Modem Ground LLC, for construction of a single-family dwelling at 2812 Townsend Drive in the Berry/lJniversity Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 24 of 34 Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-26364 be approved as amended, with a revised house plan of approximately 1,300 square feet and a budget of$130,000.00. The motion carried unanimously 9 ayes to 0 nays. 2. M&C C-26442 - Authorize Execution of Amendment No. I to Economic Development Program Agreement with Spoon Industries Inc., City Secretary Contract No. 43199, to Extend the Completion Deadline and Amend Certain Developer Commitments for the Cowtown Market Redevelopment Project Located at the Intersection of Interstate 35 Frontage Road and Allen Avenue (COUNCIL, DISTRICT 8) It was recommended that the City Council authorize the execution of Amendment No. I to Economic Development Program Agreement with Spoon Industries, Inc., City Secretary Contract No. 43199, to extend the completion deadline and amend certain developer commitments for the completion of the Cowtown Market redevelopment project located at the intersection of Interstate 35 Frontage Road and Allen Avenue. Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication C-26442 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C C-26443 - Authorize Execution of a Five-Year Tax Abatement Agreement with Linda Wesson for Construction of a Single-Family Dwelling Located at 5525 Grenada Drive in the Lake Arlington Neighborhood Empowerment Zone (COUNCIL DISTRICT 5) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Linda Wesson for construction of a single-family dwelling located at 5525 Grenada Drive in the Lake Arlington Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26443 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Bums absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 25 of 34 4. M&C C-26444 - Authorize Execution of a Five-Year Tax Abatement A reement with Spoon Industries Inc., for the Properties Located at 1703 South Freeway and 800 East Allen Avenue in the Evans and Rosedale Nei hborhood Empowerment Zone (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Spoon Industries, Inc., for construction of a convenience store and gas station located at 1703 South Freeway and 800 East Allen Avenue in the Evans and Rosedale Neighborhood Empowerment Zone. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth. that Mayor and Council Communication C-26444 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. 5. M&C C-26445 - Authorize Execution of a Maintenance and Landscaping Services Agreement with the University of North Texas Health Science Center on Property Located at 3500 Camp Bowie Boulevard for the Library Courtyard Project on Montgomery Street at No Expense to the City (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the execution of a Maintenance and Landscaping Services Agreement with the University of North Texas Health Science Center for property located at 3500 Camp Bowie Boulevard for the Library Courtyard Project on Montgomery Street at no expense to the City. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication C-26445 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. 6. M&C C-26446 - Authorize Execution of a Contract with McMahon Contracting L.P., in the Amount of $3,342,519.36 for the 9700 Trinity Boulevard Culvert Replacement Project and Provide for Contingencies and Construction Services for a Total Project Cost in the Amount of$3,864,019.36 (COUNCIL DISTRICT 5) It was recommended that the City Council authorize the execution of a contract with McMahon Contracting L.P., in the amount of$3,342,519.36, for construction of the 9700 Trinity Boulevard Culvert Replacement Project and provide for contingencies and construction services for a total project cost in the amount of$3,384,019.36. Motion: Council Member Bivens made a motion, seconded by Council Member Scarth, that Mayor and Council Communication C-26446 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 26 of 34 7. M&C C-26447 - Authorize Execution of a Contract with CD Builders, Inc., in the Amount of $1,047,22t.50 for Mercado Channel Improvements and Provide for Contingencies and Construction Services for a Total Project in the Amount of $1,198,221.50 (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the execution of a contract,with CD Builders, Inc., in the amount of$1,047,221.50, for the Mercado Channel Improvements Project and construction services for a total project in the amount of$1,198,221.50. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26447 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Bums absent. 8. M&C C-26448 - Authorize Execution of After-School Program Agreements with Fort Worth Independent School District, Keller Independent School District, Crowley Independent School District and White Settlement Independent School District in the Total Program Amount of$1,600,000.00 for Fiscal Year 2014 (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of After-School Program Agreements with Fort Worth Independent School District, Keller Independent School District, Crowley Independent School District and White Settlement Independent School District, in the total program amount of $1,600,000.00, for Fiscal Year 2014 to operate the After-School Program at select schools within the City of Fort Worth as a juvenile crime prevention initiative during Fiscal Year 2014. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication C-26448 be approved. The motion carried 7 ayes to 0 nays with I abstention by Council Member Jordan and Council Member Bums absent. 9. M&C C-26449 - Authorize Execution of School Security Initiative Contracts with ,Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home to Operate the School Security Initiative Prop-ram for School Year 2013-2014 in the Amount of $4,243,287.86 (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of School Security Initiative Contracts with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home to operate the School Security Initiative Program for school year 2013-2014 in the amount of$4,243,287.86. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 27 of 34 Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication C-26449 be approved. The motion carried 7 ayes to 0 nays with I abstention by Council Member Jordan and Council Member Bums absent. 10. M&C C-26450 - Authorize Execution of a Contract with Conatser Construction TX, LP., in the Amount of $1,234,621.75 for Sanitary Sewer Replacement Rehabilitation Contract 76 on Biddison Street and Five Alleyways, Provide for Pro.ject Costs and Contingencies for a Pro*ect Total in the Amount of $1,311,663.75 (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,234,621.75, for Sanitary Sewer Replacement Rehabilitation, Contract 76 on Biddison Street and five alleyways, provide for project costs and contingences for a project total in the amount of$1,311,663.75. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26450 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Bums absent. 11. M&C C-26451 - Authorize Execution of a Contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, in the Amount of $1,531,220.00 for Sanitary Sewer Rehabilitation Contract 80, Part 1, that is Generally Bound on the North by East Rosedale Street, on the South by Anderson Street, Ramey Avenue and Carverly Drive and on the West by Dillard Street, Provide for Project Costs and ContinlZencies for a Proiect Total in the Amount of $1,609,157.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) It was recommended that the City Council authorize a transfer in the amount of$77,937.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $77,937.00, from available funds, for the purpose of funding the execution of a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, for Sanitary Sewer Rehabilitation Contract 80, Part 1. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26450 be approved and Appropriation Ordinance No. 20949-09-2013 be adopted. The motion carried unanimously 8 ayes to 0 nays with Council Member Bums absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 28 of 34 XVI. ZONING HEARING The Notice of Special Hearing set today as the date for the heating in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on August 30, 2013. 1. (CD 7) - Frances Clark and Philip Sotel, 3295 Keller Haslet Road; from: Unzoned to: "C" Medium Density Multifamily (Recommended for Approval by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-13-088 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Bums absent. Mr. H. Dennis Hopkins, P.O. Box 637, 2131 North Collins Street, Arlington, completed a speaker card in support of Zoning Docket ZC-13-088 but did not address the Council. Mr. Darren Meier, 13300 Dove Ranch Road, completed a comment card in opposition of Zoning Docket ZC-13-08 8. The City Council, at its meeting of August 20, 2013, continued Zoning Docket ZC-13-092, 2. ZC-13-092 - (CD 9) - Willing Smith, 3501 Hulen Street, 4529-4545 Houp'liton Avenue; from: "B" Two-Family and "E" Neighborhood Commercial to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus semi automatic car wash; site plan included. (Recommended for Denial by the Zoning Commission) (Continued from a Previous Meeting) Motion: Council Member Bums made a motion, seconded by Council Member Shingleton, that Zoning Docket 13-092 be continued to the October 15, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 3. ZC-13-128 - (CD 5) - IBR Investments, 2200 Miller Avenue; from: 11PD-751" Planned Development/Specific Use for museums, library, fine arts center, restaurants, cafes, cafeterias, bakeries, barber & beauty shops, laundries, dry cleaning or washateria, and leather goods shop, masonry wall required along the back of the property line; site plan approved to: Amend "P.D-751" Planned Development to include all "E" retail uses; site plan included (Recommended for Approval by the Zoning Commission) Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-128 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 29 of 34 4. ZC-13-137 - (CD-ALL) - Ci", of Fort Worth Planning & Development, Text Amendment: Trinity Lakes Neighborhood: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "A" of the Code of The City of Fort Worth (1986), to amend: Various Sections of the Trinity Lakes Development Code as provided by Section 4.13071), "Other Development Standards" of Section 4.1307, "Trinity Lakes ("TL") District of Chapter 4, "District Regulations" of Article 13, "Form- Based Districts" to remove Block Standards in all Subzones; to Provide for Neighborhood Subzones; to Provide for street setback lines and build-to zones in Neighborhood Subzones; to Provide a revision to street and streetscape standards; and Provide changes to facade composition in Transition and Neighborhood Subzones Mr. H. Dennis Hopkins, P.O. Box 637, 2131 North Collins Street, Arlington, completed a speaker card in support of Zoning Docket ZC-13-137 but did not address the Council. Motion: Council Member Shingleton made a motion, seconded by Council Member Bums, that Zoning Docket ZC-13-137 be approved and Ordinance No. 20950-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Shingleton made a motion, seconded by Council Member Bums, that the hearing be closed and that Ordinance No. 2095 1-09-201 3 be adopted. The motion carried unanimously 9 ayes to 0 nays. XVII. BUDGET HEARING 1. Budget Hearing on Proposed Fiscal Year 2013-2014 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance Mayor Price opened the public hearing. a. Report of City Staff Mr. Jay Chapa, Interim Director, Financial Management Services, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 30 of 34 b. Citizen Comments Ms. Terry Smith, 6984 Allen Place, appeared before Council in opposition to the budget and provided handouts for the City Council. Ms. Cindy Crain, Executive Director, Tarrant County Homeless Coalition, appeared before Council in support of the budget. Ms. Regina Blair, P.O. Box 60695, completed a comment card in support of the budget. XIII. ORDINANCES 1. 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 Be2inninp, October 1, 2013, and Ending September 30, 2014, and Appropriating Money for the Various Funds and Purposes of Such Estimate; Providinp, for Public Hearings Upon This Ordinance Before the Entire City Council Sitting as a Committee of the Whole; and Providing a Severability Clause; and Providinp, 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 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, 2013, and ending September 30, 2014, 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. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the proposed FY 2013-2014 budget be approved and Appropriation Ordinance No. 20952-09-2013 be adopted along with the schedule of changes excluding the General Fund allocation for the Police Department. The motion carried unanimously 9-0 with the members voting as follows: FOR: Mayor Price, Mayor Pro tem Zimmerman, Council Members Espino, Scarth, Bivens, Jordan, Shingleton, Allen Gray, and Bums AGAINST: None PRESENT BUT ABSTAINED FROM VOTING: None ABSENT: None CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 31 of 34 Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that the proposed FY 2013-2014 budget General Fund allocation for the Police Department in the amount of$204,225,440.00 be approved. The motion carried 8-0 with the members voting as follows: FOR: Mayor Price, Mayor Pro tem Zimmerman, Council Members Espino, Scarth, Bivens, Jordan, Shingleton, and Bums AGAINST: None PRESENT BUT ABSTAINED FROM VOTING: Council Member Allen Gray ABSENT: None 2. An Ordinance Settinp, Forth an Estimate of the Expense of the General Debt Service Fund of the Municipal Government of the City of Fort Worth for the Ensuinp, Fiscal Year Bep-inniny, October 1, 2013, and .Ending September 30, 2014, and Appropriating Money for the General Debt Service Fund and Purpose of Such Estimate; Appropriatinp_ Money to Pay Interest and Principal Sinking Fund Requirement on All Outstanding General Indebtedness; Providing for Public HearinV,s 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, 2013, and ending September 30, 2014, 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. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Ordinance No. 20953-09-2013 be adopted. The motion carried unanimously 9-0 with the members voting as follows: FOR: Mayor Price, Mayor Pro tern Zimmerman, Council Members Espino, Scarth, Bivens, Jordan, Shingleton, Allen Gray, and Bums AGAINST: None PRESENT BUT ABSTAINED FROM VOTING: None ABSENT: None CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 32 of 34 3. An Ordinance Providintt 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 First Day of January, A.D. 2013, Except Such Property as May be Exempt from Taxation by the Constitution and Laws of the State of Texas; and Providiny, for a Penalty; and Providing a Severability Clause; and Providing a Savings Clause for the Repeat 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 first day of January, A.D. 2013, except such property as may be exempt from taxation by the Constitution and laws of the state of Texas. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Ordinance No. 20954-09-2013 be adopted. The motion carried unanimously 9-0 with the members voting as follows: FOR: Mayor Price, Mayor Pro tem Zimmerman, Council Members Espino, Scarth, Bivens, Jordan, Shingleton, Allen Gray, and Bums AGAINST: None PRESENT BUT ABSTAINED FROM VOTING: None ABSENT: None 4. An Ordinance Decreasinp, the Assigned Fund Balance in the Workers' Compensation Fund in the Amount of $500,000.00, in the Unemployment Compensation Fund in the Amount of$250,000.00, in the Temporary Labor Fund in the Amount of$250,000.00, and in the Risk ManalZement Fund in the Amount of $3,000,000.00 for the Purpose of Transferring Funds to the General Fund to Strengthen Fund Balance; Providing for a SeverabilitV Clause; Makinp, This Ordinance Cumulative of Prior Ordinances in Conflict Herewith; and Providing an Effective Date It was recommended that the City Council adopt an appropriation ordinance decreasing the assigned fund balance in the Workers' Compensation Fund, in the amount of$500,000.00, in the Unemployment Compensation Fund, in the amount of $250,000.00, in the Temporary Labor Fund, in the amount of $250,000.00, and in the Risk Management Fund, in the amount of $3,000,000.00, for the purpose of transferring said funds to the General Fund to strengthen fund balance. CITY OF FORT WORTH,, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 33 of 34 Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Ordinance No. 20955-09-2013 be adopted. The motion carried unanimously 9-0 with the members voting as follows: FOR: Mayor Price, Mayor Pro tem Zimmerman, Council Members Espino, Scarth, Bivens, Jordan, Shingleton, Allen Gray, and Bums AGAINST: None PRESENT BUT ABSTAINED FROM VOTING: None ABSENT: None XIV. 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 2014 Budget, in Accordance with Section 102.007(C) of the Texas Local Government Code It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, ratifying the property tax revenue increase reflected in the Fiscal Year 2014 budget, in accordance with Section 102.007(c) of the Texas Local Government Code. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan, that Resolution No. 4245-09-2013 be adopted. The motion carried unanimously 9-0 with the members voting as follows: FOR: Mayor Price, Mayor Pro tem Zimmerman, Council Members Espino, Scarth, Bivens, Jordan, Shingleton, Allen Gray, and Bums AGAINST: None PRESENT BUT ABSTAINED FROM VOTING: None ABSENT: None XVIII. CITIZEN PRESENTATIONS Ms. Dianna Wilson, 5816 Village Course Circle, Apt. 326, appeared before Council relative to sidewalks, lights, the cutting of grass and bus lines. XIX. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2013 Page 34 of 34 XX. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular Meeting at 11:13 a.m., in memory of the victims of the Navy Shipyard shootings in Washington, D.C., that took place on Monday, September 16, 2013. These minutes approved by the Fort Worth City Council on the 24`h day of September, 2013. Attest: Apprgve&---"—) Ao Mary J. Betsy P.," et r y CitySecio Mayo