1.

Report on Verified Response.

2.

Report on Sign Ordinance enforcement.

3.

Discussion of all items on tonight’s meeting. No action will be taken and each item will be considered during the Regular Session.

4.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.076, 551.087, and Section 418.183(f) of the Texas Government Code ( Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

5.

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

1.

General

A.

Approve minutes from the August 24, 2006 regular council meeting.

B.

Financial Transactions.

Ordinances for Final Reading

C.

Ordinance C-601-06 vacating and abandoning portions of Ellison Street, Scott Street and Old Alvarado Road. (Final Reading)

D.

Ordinance D-073-06, request a rezoning from A Agricultural to C Commercial for 4.00 acres located on the southeast corner of Interstate 35 W and FM 917. (Case 06-104) (Final Reading)

Resolutions

E.

Resolution 1062-06, amending the City’s Authorized Representatives to Texas Local Government Investment Pool (“TexPool, TexPool Prime”)

F.

Resolution 1063-06, designating and authorizing certain city employees to approve wire transfers by and on behalf of the City and designating custodial agent.

Other items for consideration

G

GIS Planning Application Services Agreement Renewal

H.

Resolution 1064-06, authorizing the City Manager to execute a capital lease purchase agreement with Municipal Services Group, Inc. for the purchase of golf course maintenance equipment.

I.

Renewal of interlocal agreement with Fort Worth for Household Hazardous Waste Disposal.

J.

Contribution agreement with Johnson County for Tax Increment Finance Reinvestment Zone Number Two.

K.

Consideration of a contract with James Kelly, DBA Blue Moon Acquisitions for professional services related to real estate acquisitions for the Shannon Creek Sanitary Sewer Extension Capital Improvement Project, and authorize the City Manager to execute the contract.

L.

Lease Agreement with American Tower Corporation for Wi-Fi Network.

2.

A.

Presentation to Mayor and Sponsors of the City of Burleson Summer Concerts Series.

B.

Presentation on Jostens Renaissance Program at Burleson High School

C.

Citizen Appearances.

3.

A.

Public Hearing on the proposed FY 2006-07 Operating Budget.

B.

Public hearing on the 2006 ad valorem tax rate.

4.

A.

Ordinance C-602-06, revising budget figures for fiscal year 2005-06 and adopting the 2006-2007 Annual Operating Budget. (First reading)

B.

Ordinance C-603-06, establishing FY 2006-2007 rates to be charged for Water and Wastewater Service provided by the City of Burleson. (First Reading)

C.

Ordinance C-604-06 establishing rates to be charged for the hauling and disposal of residential and commercial solid waste and trash within the City of Burleson. (First Reading)

D.

Ordinance C-605-06, establishing a Class Surcharge Program for FY 2006-2007 for reciprocation of costs for treatment of abnormal sewage discharge contributed by commercial and industrial customers in the City of Burleson wastewater service area. (First Reading)

E.

Ordinance D-072-06, request a rezoning from SF7D Single Family 7 Development Option to PD Planned Development for Shannon Creek Development on 138.452 acres located north of Shaffstall Road, east of the Burlington Northern Railroad (Case 06-102) (Final Reading)

F.

Ordinance B-758-06, amending Chapter 34, Environment, of the Burleson Code of Ordinance, by amending Article V regarding noise nuisances. (Case 06-110) (First Reading)

5.

A.

Personal Services Agreement with L.F. Sloane Consulting Group Inc. for the creation of an RFP for the long term lease of the Memorial Cemetery.

B.

Renewal of a contract for providing fire extinguishment and emergency services for the Bent Oaks Area with the Johnson County Emergency Services District No. 1.

6.

A.

Remove from the table and consider approval of final plat for 163 Lots, Blocks 1-6, 43.696 acres of Mountain Valley Heights Phase II, located west of SH 174 ( Wilshire Boulevard) and south of Lakewood Drive. (Case 06-086)

B.

Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election.

C.

Remove from the Table and Consider a request by Four Sevens Operating Company for a gas well drilling permit, known as the ZFN Triplets #1H, on 74.59 acres located north of the end of Hemphill Street and the Hampton Place subdivision (Case No. 06-088) – Tabled August 24, 2006

D.

Changing the date of the November 9, 2006, Council meeting and canceling the November 23, 2006 and December 21, 2006 Council meetings.

7.

A.

Various department reports.

8.

A.

Non-agenda council and staff 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.) (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.)

9.

A.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.076, 551.087, and Section 418.183(f) of the Texas Government Code ( Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

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

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

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

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

(4) Nashville vs City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

(5) City of Burleson Texas vs Tolmay Enterprises Inc.

(6) Kevin Schronk, Individually and as Representative of the Estate of Helen Schronk, Deceased, and Dustin Schronk vs. City of Burleson and Laerdale Medical Corp. Cause No. C200600118 – In the 413 th District Court for Johnson County, Texas

(7) Pedro Munoz vs City of Burleson, Texas

(8) John David McShan, Sr. et al 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.

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

Pursuant to Sec. 551.076, deliberation regarding security devices.

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.

Pursuant to Section 418.183(f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.