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HomeMy WebLinkAbout2001/01/30-Minutes-City Council CITY COUNCIL MEETING JANUARY 30, 2001 Date & Time On the 30th day of January, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:32 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Bob Terrell; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend David Everett, Sandy Lane Christian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of January 23, 2001, were approved unanimously. Special Council Member Davis presented a Proclamation for Entrepreneur Presentations Expo Day to Ms. Suzie Hill from the Women's Business Center. Ms. Hill thanked the Council for the proclamation and stated that the center is the only one of its kind in the United States. She invited everyone to attend the expo on February 21, 2001 from 8:00 a.m. to 6:30 p.m. at Will Rogers. She added that information on the expo could be obtained by calling (817) 871-6004. Mayor Barr expressed the Council's appreciation to Ms. Hill for her leadership at the Center. Mayor Barr introduced Mr. Joseph E. McClure, Executive Vice President and CEO of Americredit, who was recognized as Mayor for the Day. Mr. McClure received a certificate and key to the City to commemorate the occasion. Announcements Council Member Moss announced that the ground breaking for the construction of the Eugene McCray Community Center would be at 10:00 a.m. on February 3, 2001 at the corner of Village Creek and Wilbarger and invited everyone to attend. Mayor Pro tempore McCloud expressed his appreciation to the over 250 people who attended the public forum at the Convention Center on January 29, 2001 for revitalization of the Commercial Corridors. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 2of16 Council Member Picht thanked the members of Council and City staff for participating in the District 6 citizens meeting. He stated that the meeting would be televised on the cable channel on February 1, 2001 at 9:00 p.m. and on February 2, 2001 at 6:30 p.m. Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda was adopted unanimously. Settlement of There was presented a proposed resolution authorizing settlement Litigation — of litigation styled City of Fort Worth vs. Collins and Dean, Cause Collins and No. 141-182361-00 and litigation styled Collins and Dean vs. City of Dean Fort Worth and Employee Retirement Fund of the Cit y of Fort Delayed Until Worth, Cause No. 141-181434-00. After Executive Session Council Member Wentworth stated that he had been advised to abstain from voting on this issue since he was a member of the Employee Retirement Board. Council Member Davis made a motion, seconded by Council Member Silcox, to allow Council Member Wentworth to abstain from voting on this issue. The motion carried unanimously. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that voting on this issue be delayed until after the Executive Session. The motion carried unanimously. OCS-1187 There was presented Mayor and Council Communication No. OCS- Claims 1187 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1188 There was presented Resolution No. 2702 canceling the City Res. # 2702 Council meeting of March 13, 2001, at 7:00 p.m. due to the National Canceling City League of Cities Congressional-City Conference; and that the City Council Meeting Council meeting time of March 20, 2001 at 10:00 a.m. be changed to of March 13, and 7:00 p.m. to accommodate the Regular Zoning Hearing. Council Changing Time Member Moss made a motion, seconded by Council Member of March 20, Haskin, that the recommendation be adopted. The motion carried 2001 Meeting unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY"30, 2001 PAGE 3 of 16 G-1 3140 There was presented Mayor and Council Communication No. G- Ord. # 14499 13140 from the City Manager recommending that the City Council Police Forensic authorize the City Manager to apply for and accept, if awarded, a Laboratory DNA grant from the Governor's Office, Criminal Justice Division in the Enhancement amount of $356,200.00 and adopt Appropriation Ordinance No. Program 14499 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $356,200.00 from available funds for the purpose of funding the purchase of equipment, training and related supplies to further enhance the Police Department's DNA capabilities. It was the consensus of the City Council that the recommendation be adopted. G-13141 There was presented Mayor and Council Communication No. G- Ord. # 14500 13141 from the City Manager recommending that the City Council Grant authorize the City Manager to apply for and accept grants, if Application for awarded, from the United States Environmental Protection Agency Brownfields in the amount of $150,000.00 for the Brownfields Economic Economic Redevelopment Program, and $50,000.00 for Greenspace Redevelopment Development; and adopt Appropriation Ordinance No. 14600 Program increasing the estimated receipts and appropriations in the Grants Fund in the amount of $200,000.00 subject to the receipt of the funds from the United States Environmental Protection Agency for the purpose of funding the Brownfields Economic Redevelopment Program. It was the consensus of the City Council that the recommendation be adopted. G-13142 There was presented Mayor and Council Communication No. G- Ord. # '14501 13142 from the City Manager recommending that the City Council: Res. # 2703 Authorize Grant 1. Authorize the City Manager to submit a grant application to Application for the Texas Parks and Wildlife Department in the amount of West $600,000.00 for matching funds for the West Community Community Park Park; and 2. Authorize the use of land, valued at $500,000.00 to be used as an in-kind City match if the grant is awarded; and 3. Adopt Appropriation Ordinance No. 14501 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1,000,000.00 subject to the receipt of the grant from the Texas Parks and Wildlife Department for the purpose of funding the development of the West Community Park; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 4 of 16 4. Adopt Resolution No. 2703 authorizing the City Manager to sign the grant application and act as the City's representative in all matters related to the grant. It was the consensus of the City Council that the recommendation be adopted. G-13143 There was presented Mayor and Council Communication No. G- Appoint 13143 from the City Manager recommending that the City Council Francisco confirm the appointment of Francisco Hernandez, Jr. as a member Hernandez, Jr. of the Firefighters' and Police Officers' Civil Service Commission to Firefighters' to fill the expired term of former member, Santiago Salinas. and Police Council Member Davis made a motion, seconded by Council Officers' Civil Member Haskin, that the recommendation be adopted. The motion Service carried unanimously. Commission City Manager Terrell extended the City's appreciation to Mr. Salinas who, although appointed to the DIFW International Airport Board, continued to also serve on this board until a replacement was appointed. Council Member Lane expressed his appreciation to City Manager Terrell and those who worked to secure Mr. Hernandez's appointment to the board. He added that Mr. Hernandez would be a great addition. G-13144 There was presented Mayor and Council Communication No. G- Res. # 2704 13144 from the City Manager recommending that the City Council Establish adopt Resolution No. 2704 establishing an Economic Development Economic Program authorized by Chapter 380 of the Texas Local Government Development Code to benefit the City by increasing the range of incentives that Program the City can employ to promote the City's committed economic development goals. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES. Mayor Barn Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES. Council Member Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 5 of 16 P-9273 There was presented Mayor and Council Communication No. P- Purchase of Two 9273 from the City Manager recommending that the City Council Forklifts authorize the purchase of two 6,000 pound lift capacity forklifts from Clarklift at the low bid not to exceed $38,083.00, with payment due when the invoice is received. The City takes ownership of forklifts upon receipt at the City's facility, and freight is included in the cost of forklifts. It was the consensus of the City Council that the recommendation be adopted. P-9274 There was presented Mayor and Council Communication No. P- Purchase of Six 9274 from the City Manager recommending that the City Council Utility Carts authorize the purchase of six utility carts from Metro Golf Cars for the Public Events Department and the Water Department based on the low bid meeting specifications, for a cost not to exceed $46,991.00, with payment due 30 days from the date the invoice is received. The City takes ownership of the utility carts at the City's facility and freight is not charged. It was the consensus of the City Council that the recommendation be adopted. P-9275 There was presented Mayor and Council Communication No. P- Purchase of 9275 from the City Manager recommending that the City Council Brush Chipper authorize the purchase of one brush chipper from Vermeer Equipment of Texas for the Parks and Community Services Department based on the low bid meeting specifications for a cost not to exceed $24,034.00 and payment due upon receipt of invoice. The City takes ownership of the brush chipper upon receipt at the City's facility and freight is included in the bid price. It was the consensus of the City Council that the recommendation be adopted. P-9276 There was presented Mayor and Council Communication No. P- Purchase 9276 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement for the lease of concrete trucks Lease of Trucks/ and operators, and the purchase of material from Beall Industries, Operators and Inc. for the Water Department based on the overall low bid meeting Material specifications, with payment due 30 days after receipt of invoice; and authorize this agreement to begin January 30, 2001, and expire January 29, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 6 of 16 P-9277 There was presented Mayor and Council Communication No. P- Purchase 9277 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with Tolman Building Temporary Maintenance, Inc. to provide temporary labor for the City of Fort Labor Worth based on the low bid received and payment due 30 days after receipt of invoice, authorizing this agreement to begin February 2, 2001 and expire February 1, 2002 with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9278 There was presented Mayor and Council Communication No. P- Purchase 9278 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement for concrete meter boxes and lids Meter Boxes and with multiple vendors for the City of Fort Worth based on the low Lids bid of unit prices for each class meeting specifications, with payment terms of net 30 days, freight at no charge, and authorize the agreement to begin January 30, 2001, and end January 29, 2002 with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9279 There was presented Mayor and Council Communication No. P- Purchase 9279 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement for rebar from Barnsco, Inc. for Rebar the City of Fort Worth based on the low bid of unit prices, shipping cost is included to receiving point with payment due 30 days from the date of invoice, and authorize this agreement to begin January 31, 2001, and expire January 30, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9280 There was presented Mayor and Council Communication No. P- Purchase 9280 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement for fire alarm inspection for the Fire Alarm City of Fort Worth with Simplex based on the low bid meeting Inspection specifications with payment due 30 days from the date of invoice, and authorize this agreement to begin January 30, 2001, and end January 29, 2002, with options to renew for three additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 7 of 16 P-9281 There was presented Mayor and Council Communication No. P- Purchase of 9281 from the City Manager recommending that the City Council Card Access authorize the purchase of additional card readers and related Readers and equipment from ADT Security Services for the access monitoring Related system at City Hall in an amount not to exceed $25,000.00. It was Equipment the consensus of the City Council that the recommendation be adopted. P-9282 There was presented Mayor and Council Communication No. P- LeaselPurchase 9282 from the City Manager recommending that the City Council: Agreement for Computer, 1. Authorize a three-year lease/purchase and maintenance Maintenance support agreement for an IBM 3000-H30 central computer for and Lease the 1. T. Solutions Department from IBM Credit Corporation using the State Catalogue Purchasing Procedure at a cost of $68,887.32 per year; and 2. Authorize the lease of systems software based on the documented sole source for an annual basis from IBM Credit Corporation with an estimated annual cost of $295,991.00; and 3. Authorize the trade-in and removal of the existing IBM Model 9672 central processing unit with a current estimated value of$2,000.00 as part of the agreement; and 4. Authorize this agreement to begin January 31, 2001, and end February 1, 2004. It was the consensus of the City Council that the recommendation be adopted. L-12981 There was presented Mayor and Council Communication No. L- Right-of-Way 12981 from the City Manager recommending that the City Council Acquisition for approve a right-of-way acquisition described as Lot, 1, Block 1, Bridge and Gulf Addition, from Barney Holland Oil Company, required for Approach bridge and approach reconstruction at Randol Mill Road and IH-820 Reconstruction in east Fort Worth (DOE 2542), for a total cost not to exceed $61,500.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 8of16 L-12982 There was presented Mayor and Council Communication No. L- Right-of-Way 12982 from the City Manager recommending that the City Council Acquisition for authorize the City Manager to approve the purchase of property Highway located near House Anderson and Mosier Valley Road, near the Improvement existing right-of-way of Trinity Boulevard and more fully described as Abstract 678, Tract 4R, Kitty House Survey, Tarrant County, Texas, from Allen Tucker, required for the highway improvement of Trinity Boulevard from Arlington-Bedford Road to FM157 (DOE 0279). An independent fee appraiser has determined the value estimate of this property to be $1,500.00. It was the consensus of the City Council that the recommendation be adopted. L-12983 There was presented Mayor and Council Communication No. L- Authorize 12983 from the City Manager recommending that the City Council; Acquisition of Property — 3319 1. Authorize the acquisition of a single-family residence from Clinton Avenue Raymond L. and Teresa Massey, located in Block 108, Lot 10, M. G. Ellis Survey (3319 Clinton Avenue), Fort Worth, Texas, for the Meacham International Airport Mitigation Program; and 2. Find that the price offered in the amount of $74,500.00 is just compensation; and 3. Authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12984 There was presented Mayor and Council Communication No. L- Cancel Lake 12984 from the City Manager recommending that the City Council Worth Lease — approve the cancellation of the Lake Worth lease with Mr. John G. 7300 Love Circle Martinec for the Lake Worth property located at 7300 Love Circle, Lot 20, Block 15, Lake Worth Lease Survey, in connection with the Texas Department of Transportation for the expansion of State Highway 199. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH TEXAS JANUARY 30, 2001 PAGE 9 of 16 PZ-2280 There was presented Mayor and Council Communication No. PZ- Ord. # 14502 2280 from the City Manager recommending that the City Council: Agreement with Lake Worth to 1. Approve Joint Ordinance No. 14502 and Boundary ®isannex 2.792 Agreement with the City of Lake Worth whereby the City of Acres of Land Fort Worth disannexes from its corporate boundaries 2.792 Out of J. Wilcox acres of land out of the J. Wilcox Survey, Abstract No. 1741 Survey, and the and the J. M. Basquez Survey, Abstract No. 85, J. M. Basquez extraterritorial jurisdiction, City of Fort Worth, Tarrant Survey County, Texas, and the City of Lake Worth annexes the property; and 2. Authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-18438 There was presented Mayor and Council Communication No. C- Fort Worth Star- 18438 from the City Manager recommending that the City Council Telegram authorize the City Manager to enter into a contract with the Fort _Worth Star-Telegram in the amount of $72,800.00 for the publication of a weekly "City Page" from October 1, 2000, through September 30, 2001. It was the consensus of the City Council that the recommendation be adopted. C-18439 There was presented Mayor and Council Communication No. C- La Vida News 18439 from the City Manager recommending that the City Council and La Semana authorize the City Manager to execute a contract with La Vida News and La Semana in the amount of $31,200.00 each to publish the City of Fort Worth "City Page" in the respective newspapers each week from October 1, 2000, through September 30, 2001. It was the consensus of the City Council that the recommendation be adopted. C-18440 There was presented Mayor and Council Communication No. C- Change Order 18440 from the City Manager recommending that the City Council No. 3 to 1998 authorize the City Manager to execute Change Order No. 3 to City CIP Contract Secretary Contract No. 25008 with J. L. Bertram Construction & CSC # 25008 — Engineering, Inc. for 1998 CIP Various Locations Contract No. 99A J. L. Bertram Unit III Paving Improvements in the amount of $18,534.04, revising Construction & the total cost to $887,529.12. It was the consensus of the City Engineering, Inc. Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 10 of 16 C-18441 There was presented Mayor and Council Communication No. C- Amendment# 2 18441 from the City Manager recommending that the City Council CSC #24317 — authorize the City Manager to execute Amendment No. 2 to City Dan Dase Secretary Contract No. 24317, a lease with Dan Dase Insurance Insurance Agency, Inc. for office space described as 1205 square feet, Suite Agency 210-Complex, in the terminal building at Fort Worth Meacham International Airport, for $12,833.25 per year. It was the consensus of the City Council that the recommendation be adopted. C-18442 There was presented Mayor and Council Communication No. C- Ord. # 14503 18442 from the City Manager recommending that the City Council; Hall Albert Construction 1. Authorize the transfer of $187,000.00 from the Water and Company Sewer Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14503 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $187,000.00 from available funds for the purpose of funding a contract with Hall Albert Construction Company for locating and deholing using the vacuum excavation method; and 3. Authorize the City Manager to execute a contract with Hall Albert Construction Company in the amount of $168,695.00 with the option to renew for three additional one-year periods for locating and deholing buried utilities using the vacuum excavation method. It was the consensus of the City Council that the recommendation be adopted. C-18443 There was presented Mayor and Council Communication No. C- Epixtech 18443 from the City Manager recommending that the City Council authorize the City Manager to enter into a contract with epixtech, formerly Ameritech Library Services, Inc. for maintenance of the Library's automated library system in an amount not to exceed $88,116.29 for the first year, beginning August 1, 2000 to .July 31, 2001. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 11 of 16 C-18444 There was presented Mayor and Council Communication No. C- Stocker 18444 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of $654,774.00 for water and sanitary line relocations in Rosedale Street Reconstruction Project, South Main to IH35W, Contract No. 1. It was the consensus of the City Council that the recommendation be adopted. C-18445 There was presented Mayor and Council Communication No. C- Change Order 18445 from the City Manager recommending that the City Council No. 1 —CSC # authorize the City Manager to execute Change Order No. 1 to City 25656— Sutton & Secretary Contract No. 25656 with Sutton & Associates, Inc. in the Associates, Inc. amount of $141,740.00 for HMAC Surface Overlay 2000-2 at various locations to provide for adjustments in quantities of pay items, thereby increasing the total contract amount to $709,015.00. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-18446 There was presented Mayor and Council Communication No. C- Delayed Until 18446 from the City Manager recommending that the City Council After Executive authorize the City Manager to execute an Economic Development Session Program Agreement with Dell Computer Corporation. Mayor Barr stated that this issue would be delayed until after the Executive Session. Tim Carter, Mr. Tim Carter 3408 Rustwood Bob Bolen, Mr. Bob Bolen 4213 Candlewind Lane Leonard Mr. Leonard Briscoe 4774 Overton Woods Drive Briscoe, Mr. Vernell Sturns 612 Highwoods Trail Vernell Sturns, Mr. John Avila, Jr. 900 Summit Avenue John Avila, Jr. Council Member Picht thanked Mr. Avila for his comments. He stated that he was concerned by a 60-year agreement with the 60- year tax break. He added that this was a long time to commit to any program. Citizen Mr. Ray-Dent Troutman appeared before the City Council regarding Presentations construction damage to his residence. Mayor Barr directed City Ray-Kent Manager Terrell to prepare a written report on this issue and Troutman, provide it to the Council. James Clifton Mr. James V. Clifton appeared before the City Council regarding construction damage. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 12 of 16 Mayor Barr recognized several students from the Vision Academy Christian School who were attending the Council Meeting. Roscoe Sanders Elder Roscoe Sanders, P.O. Box 16703, expressed his appreciation to the Council in advancing the Cable Channel 46 issue. David Everett Reverend David Everett, Sandy Lane Christian Church, 5540 Trail Lake Drive, appeared before Council and briefed them on the churches Care-Partners Program. The program assists seniors and disabled residents that are living alone by pairing there with volunteers who maintain daily contact with them. Reverend Everett stated that anyone interested could call the church at (817) 346-6082. Council Member Haskin added that residents could also contact the Outreach Center at the Health Department. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council on issues relative to the Collins and Dean case, pay raises for Council, pot holes, anonymous donor, and Police Department. Executive It was the consensus of the City Council that they recess into Session executive session at 11:24 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: (a) Zimlich v. City of Fort Worth, Cause No. 9408668 (Travis County) (b) Zimlich v. City of Fort Worth, Civil Action No. 4:98-CV-325- A; (c) Karen O'Connell v. City of Fort Worth, City of Fort Worth Claim No.. 89910132; (d) City of Fort Worth v. Collins and Dean, Cause No. 141- 182361-00; (e) Collins and Dean vs. City of Fort Worth and Employment Retirement Fund of the City of Fort Worth, Cause No. 141- 181434-00, (f) David Carroll vs. City of Fort Worth, Cause No. 99-11-626 (Wise County); CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 13 of 16 (g) Legal issues concerning multiple claims against the City of Fort Worth arising from severance of a TXU gas line on Park Hill Avenue in the City of Fort Worth, Texas (110101051); (h) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94; (i) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code; and 3. Deliberate concerning the appointment of a City Manager, as authorized by Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:10 p.m. Res. # 2705 There was presented a proposed resolution authorizing settlement Settlement of of litigation styled City, of Fort Worth vs. Collins and Dean, Cause Litigation — No. 141-182361-00 and litigation styled Collins and Dean vs. City of Collins and Fort Worth and Employee Retirement Fund of the City of Fort Dean Worth,,Cause No. 141-181434-00. Council Member Lane requested permission to abstain from voting on consideration of resolution authorizing settlement of Litigation Styled City of Fort Worth vs. Collins and Dean, Cause No. 141- 182361-00 and Litigation Styled Collins and Dean vs. City of Fort Worth and Employee Retirement Fund of City of Fort Worth,-Cause No. 141-181434-00, inasmuch as his brother was one of the attorneys representing the widows. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Council Member Lane be permitted to abstain from voting on this issue. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 14 of 16 Council Member Davis read into the record the following resolution: A Resolution No. 2705 AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED CITY OF FORT WORTH VS. COLLINS AND DEAN CAUSE NO. 141- 182361-00 AND LITIGATION STYLED COLLINS AND DEAN VS. CITY OF FORT WORTH AND EMPLOYEE RETIREMENT FUND OF CITY OF FORT WORTH, CAUSE NO. 141-181434-00 WHEREAS, the City of Fort Worth (the "City") is a party in litigation styled City Of Fort Worth Vs. Collins And Dean and litigation styled Collins And bean Vs. City Of Fort Worth And Employee Retirement Fund Of City Of Fort Worth; and WHEREAS, the City desires to settle said litigation due to the inherent risks of loss involved from both present and potential litigation; and WHEREAS, in order for settlement to occur, staff of the City must determine the terms necessary for settlement and prepare appropriate documents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF FORT WORTH, TEXAS, THAT: 1. City staff determine the terms necessary for settlement of litigation styled City of Fort Worth Vs. Collins And Dean and litigation styled Collins And Dean Vs. City of Fort Worth And Employee Retirement Fund Of City Of Fort Worth; and 2. City staff prepare all documents necessary for settlement of litigation styled City of Fort Worth Vs. Collins And Dean and litigation styled Collins And Dean Vs. City Of Fort Worth and Employee Retirement Fund Of City Of Fort Worth; and 3. City staff present settlement documents to City Council as soon as possible, and to make weekly progress reports in the interim. ADOPTED this 30th day of January 2001. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 15 of 16 Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the resolution be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members, Haskin, Moss, Picht, and Davis NOES: Council Member Silcox ABSENT: None NOT VOTING: Council Members Lane and Wentworth Mr. John Kerr, President of the Police Officer's Association, appeared before the City Council and expressed appreciation to the Council for their approval of this item. Council Member Lane expressed that he was in agreement for approval of the resolution and thanked Jim Tate, John Kerr, Mayor Barr, and Council Member Wentworth for the work put forward to come to a settlement in this matter. Recessed The City Council returned to Executive Session at 12:17 p.m. to continue deliberation on remaining items. Reconvened The City Council reconvened into regular session at 12:52 p.m. C-18446 There was presented Mayor and Council Communication No. C- Economic 18446 from the City Manager recommending that the City Council Development authorize the City Manager to execute an Economic Development Program Program Agreement with Dell Computer Corporation. Agreement with Dell Computer Council Davis requested permission of the City Council to abstain Corporation from voting on Mayor and Council Communication No. C-18446 based upon a potential business relationship of her spouse. Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that Council Member Davis be permitted to abstain from voting on Mayor and Council Communication No. C-18446. The motion carried unanimously. Charley Ball Mr. Charley Ball, representing Dell Computer, advised the City Council of Dell's Diversity Policy and the company's commitment to community outreach and small business development. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 30, 2001 PAGE 16 of 16 Mike Groomer, Assistant City Manager, informed the Council that a statement regarding Dell's Diversity Policy would be included as an attachment to the agreement. Council Member Wentworth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C- 18446 be approved with Dell's diversity policy statement included as an attachment. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, and Wentworth NOES: Council Member Picht ABSENT: None NOT VOTING: Council Member Davis Adjournment There being no further business, the meeting was adjourned at 1:07 p.m. CITY SEC r74RY MAYOR