Behind closed doors...

Is the Fort Worth Way.

The Fort Worth Star-Telegram tells you how murky that can be at City Hall.

Today, the council is scheduled to receive a closed-session briefing from city attorneys about how to fill vacancies. The process, as outlined in the charter, is not all that complicated: Except under limited circumstances that don't apply right now, new members must be chosen through elections held in those districts where there are vacancies, either on the next scheduled election day (next May) or on a special date approved by the governor.

But the game of politics is never simple.

Take today's meeting, for example. The council can hold closed meetings only under certain circumstances specified in the Texas Open Meetings Act.

Today's agenda calls for an executive session to get the advice of attorneys about "pending or contemplated litigation or other matters that are exempt from public disclosure" under state bar rules or the open meetings act. There is no such pending or contemplated litigation about council vacancies, and no other reason seems to apply but bar rules that call for unfettered, privileged communication between attorneys and their clients.

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Where do you think you're going?

Kathleen Hicks, the same Fort Worth council person who had Judge license plates on her Porsche, even though she's not one, is now running for District 33. (Does she still have the plates? WHO knows, we couldn't find a follow up in the "news").  Sal Espino, who has had his own share of misjudgements, may run too.

Remember what happened last time this race was ran?  Brimer sued Wendy Davis to try and keep her from running. He lost the lawsuit, and the race.

Here we go again.


City staffers have remained tight-lipped about how the council process will work, possibly because the last time it happened there was a lawsuit.

Ah, the Fort Worth Way. 

Read the latest in the Fort Worth Star-Telegram.

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More Connections

Today the Fort Worth Star-Telegram tells you about a large land purchase.  Land that's being drilled on, lots of it.  Of course only the surface rights were for sale.

WHO would buy that much land?  Michael Mallick.  110 drilling sites, thousands of acres, millions of dollars.  Apple REIT Nine.  Coming soon to a neighborhood near you.

We looked for some Mallick info, not surprisingly, the Fort Worth Weekly had some. 

Project developer Michael Mallick is Anglo, with offices on the west side of town. Those opposing Hicks and Mallick on the project are a few black business leaders, led by controversial real estate developer Leonard Briscoe, Sr., who went to prison in the 90s for illegal kickbacks. He contends that black developers like him are being aced out of projects in favor of white, politically connected developers like Mallick.

She points to the two Mallick Group developments on the map. The Sierra Vista development will provide about 230 new single-family homes on the site of the old Riverside Village apartment complex, plus retail sites nearby. About a mile to the east. the Masonic Home property will be transformed into about 500 homes plus 63 acres of commercial development. There will also be 16 acres set aside for natural gas drilling. Hicks helped broker a deal earlier this year that created a tax increment financing district to include both Mallick Group properties. As tax income to the city increases because of the development, the extra dollars will pay for infrastructure improvements — perhaps one of the few instances when Fort Worth has used the TIF device in the kind of blighted area it was intended for. The East Berry TIF could produce as much as $10 million for things like streets and sewers in what will be known as Masonic Heights, bounded by Wichita and East Berry streets and Mitchell Boulevard. Homes likely will sell for $140,000 to $200,000.

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Cease and Desist

30" water line breach in FW near Sycamore Park. July 14, 2011 and a follow up letter to Kathleen Hicks, since the first one went unanswered.

Dear Councilwoman Kathleen Hicks-

It has been more than a week since I requested that Seismic Testing be halted in Fort Worth until the public has proof that it is safe, legal and cost-free to all residents. However, testing is still underway and many of your District 8 constituents are concerned.

Our primary concern is that the City of Fort Worth relied too heavily on information provided by the drilling industry or one of its partners when issuing a testing permit to Dawson Geophysical. We are also concerned that because the City is in business with Chesapeake, XTO, etc. and depends on them for City revenue, that an appearance of conflict of interest exists that may affect prudent decision making.

The concerns I spelled out in my message dated July 9 are very real. For example, the huge water main break near Sycamore Park that occurred last week may have been at least partially caused by seismic testing that occurred in that area. That leak affected thousands of homeowners and wasted a lot of public water during drought conditions. A water department spokesperson could not say for certain the cause of the breach.

There was a similar report back in May, 2011 of a water line break in the Westcliff West neighborhood while thumper trucks were in the area. How many other events such as this have been caused by seismic testing? Is the City keeping tabs and connecting dots?

I have also received the following reports from concerned residents as a result of my email from last week:

- Seismic testing is going on in Wedgwood where neighborhoods remain un-leased. There is no protection in place for homeowners should damage occur to their property. Also, companies can use information gathered against the mineral owners in future negotiations. TT

- This (Seismic testing) has the markings of potential disaster for existing utilities. Exhibit A is that Atmos has a number of older gas service lines that need immediate replacement in North Texas, due to parts that weaken with age. How well would those weak gas service lines respond to nearby seismic testing? I'm afraid to find out the hard way, and those in

Government should be, too! There's estimated to be 500,000 of such weak gas lines around North Texas, so it's a gamble to do seismic testing around them. MH

- I would therefore request an explanation as to what authority they (Dawson) are using to explore the property that I paid for and own outright. The testing creates massive vibration of the area and would appear to possibly damage roads, foundations and any other structure within proximity to the source of vibrations. It is not a risk I wish to see if it damages anything, like my property. It is likely damage may not appear immediately or be apparent until sometime in the future. It would then become my burden to prove what the source of the damage actually was. As we have seen repeatedly, any damage would be denied by any and all parties involved. JA

- From what I remember, Texas homeowners policies exempt payments for damages from seismic activity. Check out your policy. Bad stuff, that seismic crap. LM

- They (Dawson) have also recently been in the Westcliff West neighborhood. In the process, they broke a water line on Encanto Drive, depriving residents of water for hours. GA

- They went through our neighborhood in Arlington in May, the noise was horrendous, some neighbors complained that their houses were shaking, cracks appeared , and one person told me that their toddler found the shaking of their house very distressing and cried inconsolably. RB

- This (seismic testing) felt like collective rape on Winifred Drive Friday afternoon. The dishes in my cabinets were rattling; the dogs were freaking out. I thought it was Armageddon, as did my neighbors. I was livid and expressed it to the police escort and the lady in the Lexus following them who the police told me would "tell me what it was all about." I emailed Jungus that afternoon as well as the lawyers at Riddle and Williams. KE

- Thanks for the support. I have not signed a lease and I do not want someone taking picture under my property. A friend told them not to take any picture under his property that he is not signed a lease agreement. They had already taken a couple of pictures before he stopped them. So he asked them if he can get the pictures from there company. They said NO. This is invasion of our property and I will get in contact with the company and request my pictures. JL

- On the morning of July 4, 2011, I was alarmed by a sound I'd not heard before. Looking out my front window, I saw at least three huge trucks, with the sign DAWSON on them. Their loudness, and their presence, stunned me - the ground shook!! I went out my front door and was further surprised to see a man kneeling over paperwork at the end of my walkway (25 feet from my door, 35 feet from the street). I asked him what he was doing, and I told him he was within the easement of the property. He said I could talk his boss, and he nodded toward a tall young man, who then came from the street to where I was, and he asked me if there was a problem. I asked him what they were doing, and he said they were "x-raying" the ground. (He said they were "x-raying" downtown also.) I asked him who he worked for, and he replied, "Chesapeake."

I told him I had not given permission for them to be on my property, and I asked if he could show me anything that gave him permission to do so? He said that if I didn't want them on my property, they could go across the street and get the information they needed. The two of them left my property. ( I don't know, but they may already have gotten a "reading," or whatever they wanted, from my location.)

If I had been given notice of their coming, and/or had received a request that they come onto my property, I could have checked on my rights in such an instance. I think perhaps that is exactly why we were NOT given advance notice--so Chesapeake could have access, without permission. Such permission, from some citizens such as myself, had they asked, they are not likely to have been given. SR

- I asked an attorney. They have NO right to conduct seismic testing if you have not leased. Further, they have no right to conduct seismic testing even if you have leased unless it is covered in the lease or an agreement has been made. He said that usually the language in the leases is vague enough that it confers them the right but they definitely do NOT have the right if you are not leased. DD

Specifically, we request that that Seismic Testing be halted immediately unless and until you provide the following:

1. Third-party documentation proving it is safe to all life-forms, including people, pets, wildlife and livestock.

2. Third-party documentation addressing impact to public roadways and utilities .

3. Property owner compensation for data already accessed from their land without consent.

4. Documentation showing that private pipeline, telephone, cable TV and electric companies, etc. have OK'd the testing without caveats.

5. Minutes from all FW Water and Street Dept. meetings where seismic testing was discussed.

6. Documentation from the City legal department identifying the responsible party in case of any reported damage.

7. An explanation of your statement that "properties are protected from damage."

8. The City plan for compensation in cases where damage occurs in the near and long term.

9. Proof that homeowners' insurance will not be impacted by seismic testing.

Thanks for your attention to this urgent matter.

Don Young

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Whole lotta shakin

Going on in Tarrant County.

When the seismic trucks roll through your neighborhood, what's the cost to YOU?  To YOUR home's foundation?  Anyone??

Why do seismic testing crews hire police officers to escort them through city neighborhoods?

District 8 Councilwoman Kathleen Hicks has said "properties are protected against damage".   Those being tested want to know how Ms. Hicks is protecting them.

Read about it on FWCANDO.

Additionally, we request documentation that proves seismic testing will not harm slab foundations, public streets, sidewalks, plumbing, sprinkler systems, utilities, septic systems, water wells, electronic devices and other public and private property in any way including, causing subsidence, cracks, wear and tear or any other negative impacts.

We also request proof that our homeowners' insurance will not be impacted in any way by seismic testing including, increased rates or reduced liability coverage.

It is essential that this documentation come from an independent, third-party source and not from the gas drilling industry, City of FW or any other party who benefits financially from drilling or seismic testing. It is important that the document demonstrate that such testing is safe in an urban environment and has been monitored for a period of at least five years. It is imperative that this proof be provided in a timely manner since the City has already issued permits and testing is underway.

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Life in the Fast Lane

Kathleen Hicks, Fort Worth City Council woman sporting a JUDGE license plate on her Porsche.  Yes, we said Porsche.  And no, we don't know how a council woman in Fort Worth affords one.

Her supporters talk about what she has done in the district, like getting fancy lights.  What about the dark neighborhoods?  The ones that there are no money for lights? 

WHO has the story?  CBS 11.  YOU don't want to miss it.

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She did not...

We came across an article on WFAA.com in which Kathleen Hicks states the following,

"How is it that we are able to find money when we want to, and then other times we somehow can't?" Hicks asked. "That's the thing that really disturbs me."

Where has she been??  Does she not sit on the dias?  And the Trinity River Vision committee?  Has she slept through her latest term in office?  Is she surprised that elderly people are afraid to leave their house at night because their neighborhood which has no street lights is dangerous?  Did she know this the last time she went on a Sister Cities trip?  How much do those cost?  ASK.

We noticed Fort Worth staffers wouldn't comment.  More of the Fort Worth Way.

Don't forget to vote Saturday.  YOU can't afford not to.

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