1a.

Approve the minutes of the June 9, 2005, regular session of Council.

1b.

Financial transactions.

1c.

Ordinances proposed for final reading.

1. Ordinance B-736, amending Chapter 7, Health and Sanitation, of the Burleson Code of Ordinances by adding Article VI, Public and Semipublic Swimming Pools, providing for inspections, requiring permits and providing for penalties. (Final reading)

2. Ordinance B-737, adopting a drought contingency/water management plan for the City of Burleson and establishing authority for the City Manager to execute elements of the plan, providing for variances to the plan and penalties for violations of the plan. (Final reading)

1d.

Ratify the action of the 4A Economic Development Corporation Board regarding approval of the expenditure of 4A funds for lighting and landscaping on the Main Street parking lot and the lease of railroad property for the landscaping.

1e.

Final plat of Tract C, Phase 3, Mountain Valley Lake, 22.63 acres located northwest of the intersection of St. Andrews Drive and Glenn Ranch Drive.

1f.

Final plat of lots 3 and 4, Block 1, Four Corners Addition Phase 2, 2.76 acres located in the 1400 block of Wilshire Boulevard (SH 174)

2a.

Citizen Appearances.

(Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and City Council members are prevented from discussing the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing.)

3a.

Public hearing regarding Charter Communications cable franchise renewal.

This is the continuation of a public hearing held pursuan t to notice on the request by Charter Communications to renew its franchise to provide cable service in the City of Burleson. It is intended to offer citizens the opportunity to comment on:

1. Charter Communications’ performance under the current franchise and

2. The future cable-related needs of the community.

4a.

Inter-local agreement between the City of Burleson and the City of Alvarado for euthanasia services and authorizing the Mayor to sign.

5c.

Ordinance B-734, prohibiting the operator of a motor vehicle from leaving the motor vehicle unattended on any public or private property without stopping the engine, locking the ignition, removing the key, setting the parking brake and if standing on a grade, turning the front wheels to the side. (Finalt reading)

5d.

Ordinance B-735, placing restrictions on the use and operations of motor assisted scooters by limiting or prohibiting the operation of motor assisted scooters on certain paths, trails, alleys, streets or highways; requiring that children wear helmets while riding a motor assisted scooter and providing penalties for parents and children for violations of this ordinance. (Final reading)

6a.

Ordinance C-582, denying the request of ATMOS Energy Corp., Mid-Tex Division, for an annual Gas Reliability Infrastructure Program (GRIP) rate increase in this municipality, as a part of the company’s statewide gas utility distribution system; approving cooperation with other cities within the ATMOS Energy Corp., Mid-Tex Division distribution system as part of the ATMOS Cities Steering Committee (ACSC); authorizing ACSC to hire legal and consulting services and to negotiate with the company and direct any necessary litigation; authorizing intervention as part of ACSC in any appeal of the city’s action to the railroad commission; approving costs incurred as reasonable and providing a requirement for prompt reimbursement of costs; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to ATMOS Energy Corp., Mid-Tex Division. (First reading)

7a.

Approval of proposed locations for sidewalks and authorization to proceed with construction of the sidewalks.

7b.

Contract with Insituform Technologies, Inc. for the rehabilitation of sewer lines in the Old Town Area and authorize the City Manager to execute the contract

7c.

Resolution 1017, determining the necessity of acquiring a permanent sanitary sewer easement containing 0.077 acres and a temporary construction easement containing 0.070 acres within the City of Burleson, Texas, and authorizing the city attorney to proceed with eminent domain proceedings. .

8a.

Ordinance B-740, amending Section 7-23 through 7-29 of the City of Burleson Code of Ordinances regarding requirements for the mowing of weeds grass and uncultivated plants. (First reading) .

9a.

Fiber installation on Hidden Creek Parkway.

10a.

Legislative update.

(In compliance with the Texas Open Meetings Act, Council members may comment on routine city matters, may ask questions of staff that require only responses of factual information or statements of existing city policy, or may request that non-routine matters of public concern be placed on a future agenda. Council members may not discuss non-agenda items among themselves.)

11a.

Non-agenda council comments.

(In compliance with the Texas Open Meetings Act, Council members may comment on routine city matters, may ask questions of staff that require only responses of factual information or statements of existing city policy, or may request that non-routine matters of public concern be placed on a future agenda. Council members may not discuss non-agenda items among themselves.)

12a.

Non-agenda staff comments.

(In compliance with the Texas Open Meetings Act, city staff members may comment on routine city operations and projects. Staff members may respond to questions from others only with statements of factual information or existing city policy.)

13a.

Pursuant to Sec. 551.071 of the Texas Government Code, the city council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law. In addition the Council will convene in executive session to discuss the following:

(A) pending or contemplated litigation including but not limited to the following:

(1) City of Burleson vs. Club Mark Corporation.

(2) Floyd Bartula, et al. V. City of Burleson , Texas

(3) City of Burleson , Texas and City of Cleburne , Texas v. City of Joshua , Texas

(4) AT&T Fiber Optic Cable Litigation, US District Court, Southern District of Indiana.

(5) Andrea Conzoneri-Kyle vs. City of Burleson , Texas .

(B) a settlement offer;

(C) a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the chapter.

13b.

Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease or sale of real property for future expansion of certain programs and services.

13c.

Pursuant to Sec. 551.076, deliberation regarding security devices.

13d.

Pursuant to Sec. 551.087, deliberation regarding Economic Development Negotiations including (1) discussion or deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; OR (2) deliberation of a financial or other incentive to a business prospect described in (1) above.