1a.

Approve the minutes of the January 27, 2005, regular session of Council.

1b.

Financial transactions.

1c.

Ordinances proposed for final reading.

1d.

Resolution 1001 determining the necessity of acquiring a permanent sanitary sewer easement and temporary construction easement containing 0.098 acres within the City of Burleson, Texas, and authorizing the city attorney to proceed with eminent domain proceedings and Resolution 1002, determining the necessity of acquiring a permanent sanitary sewer easement and temporary construction easement containing 0.139 acres within the City of Burleson, Texas, and authorizing the city attorney to proceed with eminent domain proceedings.

1e.

Consideration of a sanitary sewer encroachment easement across Texas Utilities Electric Delivery property for servicing the Broad Valley Subdivision and authorizing the City Manager to sign.

1f.

Consideration of a drainage easement, sanitary sewer easement and street and utility dedication across TXU property for the Vinewood Addition, Phase IV, and authorizing the City Manager to sign.

1g.

Resolution 1003, calling a general election for May 7, 2005.

1h.

Resolution 1004, extending the business hours of the City Secretary’s office during early voting.

1i.

Resolution 1005, joint resolution with the Burleson Independent School District to conduct joint early voting for the May 7, 2005, general election.

1j.

Adjusting the City of Burleson Fee Schedule to reflect the updated charges for copies of accident reports.

1k.

Short form (final) plat of Whispering Oaks, an approximately 3.438-acre tract of land. (located in the 1100 block of Edgehill Road).

2a.

Presentation of Citizens Certificates of Valor and Citizens Commendation Certificates.

2b.

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.

Presentation of the annual audit for the fiscal year ended September 30, 2004.

4a.

Ratifying the action of the Burleson 4A board approving funding the proportionate share of debt service and issuance costs applicable to the Hidden Creek Parkway project in relation to the total debt service and issuance costs of all projects included in the 2005 Certificates of Obligation Bonds. Further described as the fractional amount of debt service and issuance costs calculated by dividing $13,446,000 (total funding allocated for Hidden Creek Parkway) by $15,625,000 (total funding for all projects, exclusive of issuance costs; or a fractional share of approximately 86% of the debt service and issuance costs).

4b.

Ordinance C-577, providing for the issuance of City of Burleson, Texas combination tax and revenue certificates of obligation, series 2005 and ordaining other matters relating to the subject, including immediate effectiveness. (Final reading)

4c.

Ordinance C-578, providing for the issuance of City of Burleson, Texas general obligation bonds, series 2005 and ordaining other matters relating to the subject, including immediate effectiveness. (Final reading)

4d.

Resolution 1006, endorsing certain legislative changes to SB 7 supported by the Cities Aggregation Power Project, Inc.

5a.

Ordinance C-576, amending Chapter 6 of the Burleson Code of Ordinances by adding a new Section 6-164 and Section 6-165 authorizing the establishment of an annual subscription plan for fire operations services provided to property in the City’s extraterritorial jurisdiction that is not in Johnson County Emergency Services District No. 1 and adding definitions. (Final reading)

5b.

Consideration of changes to the City of Burleson FY 04-05 Fee Schedule to include an annual subscription plan for fire operations services provided to property in the City’s extraterritorial jurisdiction that is not in Johnson County Emergency Services District No. 1.

5c.

Award the bid and authorize the lease purchase of firefighter protective clothing and authorize the City Manager to sign the lease purchase documents.

6a.

Consideration of changes to the City of Burleson FY 04-05 Fee Schedule for animal adoption fees and On-Site Septic Facilities (OSSF) fees.

7a.

Ordinance B-731, amending ordinance B-697, amending Article III of Chapter 10 of the Code of Ordinances of the City of Burleson; establishing obligations, duties and responsibilities for residential and non-residential garbage and collection. (First reading)

8a.

Board and Commission appointments.

9a.

Consideration and discussion of the staging of the Hidden Creek Parkway construction project.

10a.

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.)

11a.

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.)

12a.

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) City of Burleson vs. Moritz Interests, Inc.; and Moritz Interests, Ltd.; and Conaster Construction, Inc.; and Conaster Construction I, Inc.

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

(4) City of Cleburne, Texas and City of Burleson, Texas v. Johnson County Rural Fire Prevention District.

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

12b.

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

12c.

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.

12d.

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.