AGENDA 
 FORNEY CITY COUNCIL 
 Tuesday, May 7, 2024
 6:30 p.m. Regular Meeting 
 City Hall, 101 E. Main Street, Forney, Texas 75126
 
I.

CALL TO ORDER

II.

INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCIL MEMBER CECIL CHAMBERS

 

III.

PROCLAMATIONS / PRESENTATIONS

1.

Proclamation: Mental Health Awareness Month - May 2024

2.

Proclamation: Police Week - May 13-17, 2024

IV.

APPROVAL OF MINUTES

1.

Consider approval of the Minutes of the April 16, 2024 (Regular) City Council Meeting. (Staff recommends approval of the item.)

Documents:
  1. 04-16-2024 Minutes - Draft.pdf
V.

OPEN FORUM/CITIZEN COMMENTS

This is the public's opportunity to address the City Council on any matter related to the City. In accordance with the Texas Open Meetings Act, Section 551.042, the City Council cannot discuss, consider, or take action on matters not listed on the agenda. The City Council will receive citizen comments on non-agenda items, and if necessary, may refer the matter to City staff for research, resolution or referral to Council on a future agenda. As described in the City's Public Meeting Procedures, comments will be limited to three (3) minutes.

VI.

CONSENT AGENDA

The items on the Consent Agenda are considered to be self-explanatory by the Council and will be enacted in one motion. There will be no separate discussion of these items unless requested by a Council Member.

1.

Consider a Resolution approving an Agreement for Delinquent Tax Collection Services with Linebarger Goggan Blair & Sampson, LLP, complying with the statutory terms and regulations for contingent fee service agreements found in Chapter 2254, Subchapter C of the Texas Government Code. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Resolution on Agreement for Delinquent Tax Collection Services.pdf
  2. Resolution - Agreement for Tax Collection Services.pdf
  3. 2024 Forney Delinquent Tax HOT Contract 20 pct - with BPP D20240429.pdf
2.

Consider approval of a Resolution accepting grant funding for Police Department Cellebrite Justice Assistance Grant Program. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Grant - CJ JAG FY25.pdf
  2. CJ JAG FY25 Information.pdf
  3. Resolution - Grant - CJ JAG FY25.pdf
3.

Consider an Ordinance renewing the existing Trinity Valley Electrical Cooperative, Inc. Franchise Agreement. (Staff recommends approval of the item.)

Documents:
  1. Draft Ordinance - CITY OF FORNEY TVEC Franchise Agreement Renewal.pdf
  2. Item Summary - TVEC Franchise Agreement Renewal.pdf
4.

Consider approving a budget for the City Facilities Relocation Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary CIP 260 City Facilities Relocation Information Budget.pdf
5.

Consider approval of the acceptance of public improvements for the Park Trails Phase 5 project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Park Trails Phase 5.pdf
  2. City of Forney Acceptance Letter - Park Trails Phase 5.pdf
6.

Consider a Resolution awarding a contract to A&M Construction and Utilities Inc. for the FM 548 Utility Relocation Project and all related issues. (Staff recommends approval of the item.)

Documents:
  1. Item Summary- CIP 224 Award Construction for FM 548 Utility Relocation Project.pdf
  2. Resolution CIP 224 Award Construction for FM 548 Utility Relocation Project.pdf
  3. City of Forney FM 548 Relocations - Bid Recommendation Letter - Sealed - 2024-04-12.pdf.pdf
7.

Consider a Resolution approving a Professional Services Agreement with Pierce-Murray Land Solutions, LLC, to provide engineering services for Lovers Lane Reconstruction, Roadway Bond Project. (Staff recommends approval of the item.)

Documents:
  1. Item Summary Professional Services Agreement Roadway Bond Project CIP 261 Lovers Lane.pdf
  2. Resolution - Professional Services Agreement CIP 261 Roadway Bond Lovers Lane Project.pdf
  3. Standard Engineering Agreement - Lovers Lane - TDP signed.pdf
VII.

DISCUSSION / ACTION ITEMS

1.

Discuss and consider an Ordinance amending Ordinance 1012, as amended, codified under Chapter 10, Exhibit 10A of the Code of Ordinances of the City of Forney to update specific sections to comply with HB 3699 passed by the 88th Legislature of the State of Texas, related to clarifications and additional responsibilities concerning municipal governance over subdivision planning, as well as enhancing transparency and improving efficiency in the subdivision approval process. (Staff recommends approval of the item.)

Documents:
  1. Item Summary - Ordinance amending Subdivision Ordinance to comply with HB 3699.pdf
  2. Ordinance - Subdivision Ordinance HB 3699 Amendment.pdf
2.

Discuss and consider board and commission appointment: North Texas Municipal Water District Board for the Term beginning June 1, 2024 and ending May 31, 2026. (Staff has no recommendation on the item.)

Documents:
  1. Item Summary -- NTMWD Board (2024-2026 Term).pdf
VIII.

CITY MANAGER’S REPORT

THE CITY MANAGER WILL DISCUSS CURRENT CITY ACTIVITIES, UPCOMING MEETINGS, FUTURE LEGISLATIVE ACTIVITIES, AND OTHER RELATED MATTERS FOR POSSIBLE ACTION, INCLUDING THE FOLLOWING: 

  • Department Reports (Fire, Police, Municipal Court, Finance)
  • Citizen Complaints -- Actions taken or to be taken
  • Upcoming Special Events
  • Personnel Changes
  • Commendations
  • Public Works/Streets Projects, Repairs or Construction
  • Park Issues
  • Inspection Issues
  • CIP Projects
IX.

ANNOUNCEMENT OF COMMUNITY EVENTS | COUNCIL COMMENTS

This section is used to communicate items of community interest, specifically, reminders about upcoming events organized or sponsored by the governing body or other information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that may be of interest to the citizens of Forney.

X.

EXECUTIVE SESSION

PURSUANT TO THE OPEN MEETINGS ACT, CHAPTER 551, TEXAS GOVERNMENT CODE, THE CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION (CLOSED MEETING) TO DISCUSS THE FOLLOWING:

1.

Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of, or to hear a complaint against the public officer or employee (Tex. Gov't Code 551.074):

  1. North Texas Municipal Water District Board of Directors (Term 2024-2026)
2.

Deliberate 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 to deliberate the offer of a financial or other incentive to a business prospect (Tex. Gov't Code Section 551.087):

  1. Project Buddies
  2. Project Hot Dog
XI.

RECONVENE INTO REGULAR SESSION

IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, THE CITY COUNCIL WILL RECONVENE INTO REGULAR SESSION TO CONSIDER ACTION, IF ANY, ON MATTERS DISCUSSED IN EXECUTIVE SESSION.

XII.

ADJOURNMENT

XIII.

DISCUSSION


NOTICE OF A PUBLIC MEETING
(Consent Agenda Item VI.2)

    

     Notice is hereby given that a meeting of Forney City Council will be held on May 7, 2024 at 6:30 pm at City Hall for the purpose of considering and taking action on all matters on the agenda for the meeting, including approval of an agreement with the law firm of Linebarger Goggan Blair & Sampson, LLP as special counsel to perform all legal services necessary to collect delinquent property taxes and authorizing the execution of such agreement.

      The agreement to be considered is necessary for the delinquent taxes owed to Forney to be collected in the most effective manner. The City desires that such delinquent tax, penalties and interest be collected as provided in the Texas Tax Code.

     The Linebarger Goggan Blair & Sampson, LLP firm is fully qualified to provide this representation, being the largest delinquent tax collection law firm in the State of Texas, as well as the United States and having been engaged in this specialized legal service for more than 40 years. In addition, the Linebarger Goggan Blair and Sampson, LLP firm possesses infrastructure and technology, such as call center technology, that the City does not currently possess.

     The specialized legal services required by this agreement cannot be adequately performed by the attorneys and supporting personnel of the City due to the high cost of implementing the appropriate infrastructure and technology and employing sufficient in- house attorneys and staff with the level of experience and competence necessary to perform these activities.

     Linebarger will be compensated on a contingent fee basis as provided in the Texas Tax Code Sections 6.30, 33.07, 33.08, 33.11, and 33.48. These Texas Tax Code sections specifically provide for an additional penalty on delinquent taxes to compensate collection attorneys. A contract to pay inside or outside attorneys on an hourly basis would represent an additional cost to the City.  

Entering into the proposed agreement is in the best interests of the residents of the City because the delinquent taxes will be professionally and competently collected without the additional costs to the City of implementing infrastructure and technology, and employing in-house personnel or paying outside counsel on an hourly fee basis which would otherwise be required.  

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In addition to any executive session already listed above, the City Council of the City of Forney reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed on this agenda, as authorized by the Texas Government Code for the following purposes:
 
 Section 551.071 -- Consultation with Attorney
 Section 551.072 -- Deliberations regarding Real Property
 Section 551.073 -- Deliberation regarding Prospective Gift
 Section 551.074 -- Personnel Matters
 Section 551.076 -- Deliberations regarding Security Devices
 Section 551.087 -- Deliberations regarding Economic Development Negotiations
 
This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of the Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed session portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.
 
This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 972-552-6460 for further information. Braille is not available.
 
I, Rosa Rios, City Secretary for the City of Forney, Texas, do hereby certify this Agenda was posted on the bulletin board at City Hall, in a place readily accessible to the general public at all times, on the 2nd day of May 2024, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code.