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HomeMy WebLinkAbout2001/02/27-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 27, 2001 Date & Time On the 27th day of February, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:18 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; 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. Mayor Pro tempore McCloud was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Deacon Thomas Giovannitti, Saint Rita's Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Lane, the minutes of the regular meeting of February 20, 2001, were approved unanimously. Mayor Barr asked those present in Council Chamber to stand and observe a moment of silence in memory of former Mayor John Justin who passed away yesterday. He stated that Mr. Justin served the community in many ways and was an outstanding citizen and leader who would be missed. Announcements Council Member Wentworth announced that a Police Forum would be held tonight at 7:00 p.m. at the Arlington Heights United Methodist Church, 4200 Camp Bowie Blvd, and invited all citizens interested to attend. Council Member Silcox expressed his appreciation to staff of the Animal Control Division, Fire Department and Police Department for capturing an alligator in the duck pond at Foster Park Lake. Withdrawn from City Manager Terrell requested that Mayor and Council Consent Agenda Communication No. G-13169 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. P-9305 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that the original version of Mayor Withdrawn and Council Communication No. P-9308 be withdrawn from the agenda and stated that Council would vote on the revised version indicated on the agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 2 of 15 Consent Agenda On motion of Council Member Davis, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Council Member Silcox, to appoint Wendy Vann, to the Building Standards Commission effective February 27, 2001 and with a term to expire September 30, 2002. Council Member Picht expressed concerns relative to appointments to the Ethics Review Committee. He requested a review be conducted to ascertain the timeliness of appointments and whether changes to City's Code of Ethics should be made through the adoption of an ordinance. Mayor Barr thanked Mr. Picht for bringing this item to the Council's attention and stated his concerns would be addressed in the near future. Appointment of Council Member Davis made a motion, seconded by Council City Manager Member Silcox, that the City Council appoint Mr. Gary W. Jackson as City Manager effective March 26, 2001. The motion carried unanimously. Mr. Jackson expressed his appreciation to Council for his appointment and for giving him the opportunity to serve the City and continue its progressive growth. He introduced his wife, Kathy, and stated that his family was looking forward to making Fort Worth their home. Mayor Barr welcomed Mr. Jackson and his family on behalf of the Council and stated that the Council had high expectations of Mr. Jackson and they looked forward to he and his family becoming part of the community. He added that Mr. Jackson's first day on the job would be March 26, 2001. City Manager Terrell congratulated Mr. Jackson on his appointment and assured him that the staff was committed to ensuring he experienced a successful transition. Mayor Barr expressed his appreciation to Mr. Terrell for serving as City Manager until his successor was appointed. He announced that on the evening of April 3, 2001, prior to the start of the Council Meeting, there would be a reception in honor of Mr. Terrell. He added that Mr. Terrell's picture would be added to the wall of City Manager's at the reception. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 3of15 Recessed/ Mayor Barr recessed the meeting at 10:28 a.m. and reconvened the Reconvened meeting at 10:42 a.m. with Mayor Pro tempore McCloud absent and Council Members Silcox and Davis temporarily absent. Ord. # 14531 There was presented Ordinance No. 14531 providing for the Issue General issuance of the General Purpose Improvement and Refunding Purpose Bonds, Series 2001, of the City of Fort Worth, Texas, bearing Improvement interest at the rates hereinafter set forth and providing for the levy, and Refunding assessment and collection of a tax sufficient to pay the interest on Bonds said bonds and to create a sinking fund for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and providing this ordinance shall be in force and effect from and after the date of its passage. Council Member Wentworth made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Ord. # 14532 There was presented Ordinance No. 14532 providing for the Issue issuance of City of Fort Worth, Texas Combination Tax and Combination Revenue Certificates of Obligation, Series 2001; providing for the Tax and levy, assessment and collection of a tax sufficient to pay the Revenue interest on said certificates of obligation and to create a sinking Certificates of fund for the redemption thereof at maturity; pledging certain Obligation revenues in support of said certificates; prescribing the form of said certificates of obligation; and ordaining other matters relating to the subject. Council Member Wentworth made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. OCS-1193 There was presented Mayor and Council Communication No. OCS- Claims 1193 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-1194 There was presented Mayor and Council Communication No. OCS- Res. # 2709 1194 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2709 setting the regular zoning Zoning Hearing hearing for March 20, 2001. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 4 of 15 G-13167 There was presented Mayor and Council Communication No. G- Ord. # 14533 13167 from the City Manager recommending that the City Council Amendments to adopt Ordinance No. 14533 approving Dallas/Fort Worth the Construction International Airport Board Resolution No. 2001-02-49 adopting and Fire amendments to the Construction and Fire Prevention Standards. It Prevention was the consensus of the City Council that the recommendation be Standards for adopted. D/FW Airport G-13168 There was presented Mayor and Council Communication No. G- Authorize Filing 13168 from the City Manager recommending that the City Council of Plat authorize the City Manager's Office to file a Plat Dedication to Dedication for dedicate for public use the easements and right-of-way necessary Westport to construct Westport Parkway. It was the consensus of the City Parkway Council that the recommendation be adopted. Council Member Silcox assumed his chair at this time. G-13169 There was presented Mayor and Council Communication No. G- Donation of 13169 from the City Manager recommending that the City Council Bicycles to the authorize the City Manager to accept the donation from Mercedes FWPD Benz and Park Place Motorcars of five mountain bicycles to the Fort Worth Police Department. Council Member Picht made a motion, seconded by Council Member Lane, that the recommendation be adopted with appreciation to Mercedes Benz and Park Place Motorcars. The motion carried unanimously. G-13170 There was presented Mayor and Council Communication No. G- Ord. # 14534 13170 from the City Manager recommending that the City Council Authorization to authorize the City Manager to apply for, and accept if awarded, a Apply for grant application to the Institute of Museum and Library Services Museum and for the Log Cabin Village; and adopt Appropriation Ordinance No. Library Services 14534 increasing the estimated receipts and appropriations in the Grant and Special Trust Fund in the amount of $40,856.00 upon receipt of the Ordinance for grant from the Institute of Museum and Library Services for the Log Cabin purpose of funding ongoing institution activities at the Log Cabin Village Village. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 5 of 15 G-13171 There was presented Mayor and Council Communication No. G- Res. # 2710 13171 from the City Manager recommending that the City Council Rebate Incentive adopt Resolution No. 2710 passed concurrently by the City by City of Irving Councils, respectively, of the cities of Dallas and Fort Worth, to Aviall Texas, consenting to the City of Irving's grant of a rebate for Aviall Services to Services, Inc. to relocate its corporate headquarters and central Relocate to distribution facilities to Dallas/Fort Worth International Airport. D/FW Airport Council Member Wentworth made a motion, seconded by Council Member Moss that the recommendation be adopted. The motion carried unanimously. G-13172 There was presented Mayor and Council Communication No. G- Settlement of 13172 from the City Manager recommending that the City Council Claims of approve the settlement of the claims of the Intervener, Joseph M. Intervener Joe Kelley in the lawsuit entitled Elizabeth "Jay" Seymour, Pamela Kelley Denise Wright, and Patricia Hale v. B. Don Magness and the City of Fort Worth, Joseph M. Kelley, Intervener v. City of Fort Worth, Cause No. 352-174866-98; authorize the payment of $140,000.00 to Joseph M. Kelley, Intervener, with the check made payable to the trust account of his attorneys, McDonald Sanders, P.C.; and authorize the appropriate City representatives to execute the documents necessary to complete the settlement. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. P-9302 There was presented Mayor and Council Communication No. P- Purchase 9302 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with Vallen Safety Supply Hip Boots Company to provide hip boots for the Water Department, Field Operations Division, based on the low bid with an estimated cost of$15,600.00, with payment due 30 days after receipt of invoice; and authorize this agreement to begin February 27, 2001, and expire February 26, 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-9303 There was presented Mayor and Council Communication No. P- Purchase of 9303 from the City Manager recommending that the City Council Trigger Locks authorize the sole source purchase of 1,300 trigger locks from Concept Development Corporation for the Police Department based on the total bid not to exceed $15,585.00 and freight included to the receiving point with payment due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 6 of 15 P-9304 There was presented Mayor and Council Communication No. P- Purchase 9304 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with Waste Management of Fort Compostable Worth to provide compostable waste removal services for the Waste Removal Public Events Department, based on the low bid of unit price with Services payment terms of net 30 days; and authorize this agreement to begin March 13, 2001, and expire March 12, 2002, with options to renew for three successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9305 There was presented Mayor and Council Communication No. P- Purchase 9305 from the City Manager recommending that the City Council Agreements for authorize purchase agreements with multiple vendors to provide Mowing mowing services for the Parks and Community Services Services Department based on the low bid by sections, with payments due upon the receipt of invoice; and authorize these agreements to begin April 3, 2001, and expire February 28, 2002, with options to renew for two successive one-year periods. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. Council Member Silcox asked staff if the mowing contractors were required to clean up the area after the property had been mowed. Mr. Robert Combs, Purchasing Manager, stated that the contractors are obligated to clean up after their work has been completed and that it stated such in two areas of the contract. He added that the Parks and Community Services Department monitored clean-up activities and enforced contract guidelines. The motion to approve carried unanimously. P-9306 There was presented Mayor and Council Communication No. P- Purchase of Air- 9306 from the City Manager recommending that the City Council Cooled Chiller authorize the purchase of an air-cooled chiller with HVAC Technical, Inc. for the Water Department for an amount not to exceed $42,070.00, on the basis of the low bid with payment due 30 days from the invoice date and no freight charges. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 7of15 P-9307 There was presented Mayor and Council Communication No. P- Lease/Purchase 9307 from the City Manager recommending that the City Council: Agreement for Printer, 1. Authorize a three-year lease/purchase agreement for a Xerox Software, DP65 printer and software from Xerox for the Water Maintenance, Department, using the State Catalogue Purchasing and Consulting Procedure at a cost not to exceed $50,545.92; and Services 2. Authorize a three-year maintenance agreement for a Xerox DP65 printer from Xerox for the Water Department using the State Catalogue Purchasing Procedure for an estimated cost not to exceed $52,380.00; and 3. Authorize the consulting services (not to exceed 40 hours at $140.00 per hour) including connectivity to the mainframe, application installation, software training, application testing and training using the State Catalogue Purchasing Procedure for a cost not to exceed $5,600.00; and 4. Authorize the trade-in and removal of the existing IBM 3935 Printer unit with a trade-in value of $8,000.00 as a part of the agreement; and 5. Authorize this agreement to begin February 27, 2001, and expire February 26, 2004. It was the consensus of the City Council that the recommendation be adopted. Council Member Davis assumed her chair at this time. P-9308 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-9308, Sole Source Purchase of Paint Recycling Equipment from Proveda, Inc. for the Environmental Management Department, be withdrawn from the agenda. P-9308 Revised There was presented Mayor and Council Communication No. P- Purchase of 9308 Revised from the City Manager recommending that the City Paint Recycling Council authorize the sole source purchase of paint recycling Equipment equipment from Prodeva, Inc. for the Environmental Management Department for a cost not to exceed $30,650.00 with payment due 30 days from the date the invoice is received and the City takes ownership of the equipment upon receipt. Council Member Picht made a motion, seconded by Council Member Lane that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 8 of 15 L-12999 There was presented Mayor and Council Communication No. L- Correction 12999 from the City Manager recommending that the City Council Easement accept the correction easement from Frank E. and Mary C. Crumley to correct a 20-foot easement that was accepted on February 5, 1985. It was the consensus of the City Council that the recommendation be adopted. L-13000 There was presented Mayor and Council Communication No. L- Avigation 13000 from the City Manager recommending that the City Council Easement release an avigation easement over approximately 1.02 acres of land out of the L. D. Burnett Survey, City of Irving, Dallas County, Texas. It was the consensus of the City Council that the recommendation be adopted. L-13001 There was presented Mayor and Council Communication No. L- Permanent 13001 from the City Manager recommending that the City Council Sidewalk approve the acceptance of a 75 square foot permanent sidewalk Easement easement described as Lot 8, Block 4, Kennedy Addition, Tarrant County, Texas from Union Gospel Mission for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13002 There was presented Mayor and Council Communication No. L- Drainage 13002 from the City Manager recommending that the City Council Easements approve the acceptance of one 20-foot wide drainage easement described as 4,178 square feet, from Hillwood Alliance Residential LP; and a one acre drainage easement described as 32,907 square feet, Vista Meadows Addition, Tarrant County, Texas, from Golden Triangle Ltd. (DOE 3114) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13003 There was presented Mayor and Council Communication No. L- Acquisition of 13003 from the City Manager recommending that the City Council Residential authorize the acquisition of five single-family residential properties Properties and and three vacant lots from the individual owners in conjunction Vacant Lots for with the Meacham International Airport Mitigation Program; find the Meacham that the prices offered, in the total amount of $224,000.00, is just Airport compensation for the acquisition of the eight properties; and Mitigation authorize the acceptance and recording of appropriate Program instruments. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 9of15 PZ-2283 There was presented Mayor and Council Communication No. PZ- Ord. # 14535 2283 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 14535 vacating Keller-Haslet/Haslet Roanoke VA-00-040 Road, Z. D. Davis Survey, Abstract No. 1888, Tracts 2 and 213, and the S. T. Rhodes Survey, Abstract No. 1868, Tracts 2 and 2131, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2284 There was presented Mayor and Council Communication No. PZ- Ord. # 14536 2284 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 14536 vacating a 7.5-foot wide utility Vacation easement, located in Lot 3, Block 2, Sylvania Business Park VA-00-061 Addition, Fort Worth, Tarrant, Texas. It was the consensus of the City Council that the recommendation be adopted. C-18455 There was presented Mayor and Council Communication No. C- Ord. # 14537 18455, dated February 13, 2001, from the City Manager McClendon recommending that the City Council: Construction Company 1. Authorize the City Manager to transfer $232,894.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $202,082.00 and the Sewer Capital Project Fund in the amount of$30,812.00; and 2. Adopt Ordinance No. 14537 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $202,082.00 and in the Sewer Capital Project Fund in the amount of $30,812.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc. for pavement reconstruction and water and sanitary sewer replacements on Lipscomb Street (Magnolia to Ingram), Lipscomb Street (Magnolia to Jessamine), West Cantey Street (5th to College), West Lowden Street (Adams to Hemphill), and South Adams Street (West Jessamine to Elizabeth); and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $1,091,325.75 for pavement reconstruction and water and sanitary sewer replacements on Lipscomb Street (Magnolia to Ingram), Lipscomb Street (Magnolia to Jessamine), West Cantey Street (5th to College), West Lowden Street (Adams to Hemphill), and South Adams Street (West Jessamine to Elizabeth). CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 10 of 15 City Manager Terrell stated that the discussion section of the M&C needed to be amended to reflect that the project was located in District 9 and not in District 4. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation, as amended, be adopted. The motion carried unanimously. C-18473 There was presented Mayor and Council Communication No. C- Charles W. 18473 from the City Manager recommending that the City Council Evans authorize the City Manager to enter into a one-year contract agreement with Charles W. Evans for personal services involving consultation and representation related to issues of concern to the City of Fort Worth before the state legislature, state agencies, commissions, and the Governor. The term of the contract will be from March 1, 2001 to February 28, 2002, with a one-year option to renew at the same terms and conditions for a contract amount not to exceed $77,000.00. It was the consensus of the City Council that the recommendation be adopted. C-18474 There was presented Mayor and Council Communication No. C- Ord. # 14538 18474 from the City Manager recommending that the City Council: Change Order No. 1 to CSC 1. Authorize the City Manager to transfer $52,864.50 from the # 26331 - Water and Sewer Operating Fund to the Sewer Capital M. E. Burns Project Fund; and Construction, Inc. 2. Adopt Ordinance No. 14538 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $52,864.50 from available funds for the purpose of funding proposed Change Order No. 1 for 1998 CIP Various Locations Contract 2000C, Unit 1: Water and Sewer Replacements; and 3. Authorize Change Order No. 1 to City Secretary Contract No. 26331 with M. E. Burns Construction, Inc. for 1998 CIP Various Locations Contract 2000C Unit 1 water and sewer replacements in the amount of $52,864.50, revising the total contract amount to $883,163.25. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 11 of 15 C-18475 There was presented Mayor and Council Communication No. C- Change Order 18475 from the City Manager recommending that the City Council No. 1 - CSC # authorize the City Manager to execute Change Order No. 1 to City 26139 — Davila Secretary Contract No. 26139 with Davila Construction, Inc. in the Construction, amount of $44,774.60 to provide for increased and additional pay Inc. item quantities to Main C1C4B Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2) Part 6, Units 2 and 3, thereby increasing the contract amount to $344,915.77. It was the consensus of the City Council that the recommendation be adopted. C-18476 There was presented Mayor and Council Communication No. C- Ord. # 14539 18476 from the City Manager recommending that the City Council: Tri-Tech Construction, 1. Authorize the City Manager to transfer $550,095.50 from the Inc. Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $397,905.00 and the Sewer Capital Project Fund in the amount of$152,190.50; and 2. Adopt Appropriation Ordinance No. 14539 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $397,905.00 and the Sewer Capital Project Fund in the amount of $152,190.50 from available funds for the purpose of funding a contract with Tri-Tech Construction, Inc. for Water and Sewer Replacement Contract No. 98CC; and 3. Authorize the City Manager to execute a contract with Tri- Tech Construction, Inc. in the amount of$488,973.50 and 100 working days for Water and Sewer Replacements Contract 98CC. It was the consensus that the City Council that the recommendation be adopted. C-18477 There was presented Mayor and Council Communication No. C- URS Greiner 18477 from the City Manager recommending that the City Council Woodward authorize the City Manager to execute a contract with URS Greiner Clyde Woodward Clyde in the amount of $35,999.00 for design of drainage improvements for proposed Fire Station No. 8. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 12 of 15 C-18478 There was presented Mayor and Council Communication No. C- Garner 18478 from the City Manager recommending that the City Council Environmental authorize the City Manager to enter into contracts with Garner Services, Inc. & Environmental Services, Inc. and Protect Environmental Services, Protect Inc. for emergency spill response services; these contracts will Environmental begin March 1, 2001 and end February 28, 2002, with the option to Services, Inc. renew for two additional one-year periods for an amount not to exceed $25,000.00 for each contract per year. It was the consensus of the City Council that the recommendation be adopted. C-18479 There was presented Mayor and Council Communication No. C- Amend CSC # 18479 from the City Manager recommending that City Council 26292 - APIAQ authorize the City Manager to execute an amendment to City Limited Secretary Contract No. 26292 with APIAQ Limited Partnership Partnership (APIAQ) in order to add 28,850 square feet of unimproved property to the existing leased premises, and to reduce the parcels on which APIAQ has a right of first refusal by 22,522 square feet at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-18480 There was presented Mayor and Council Communication No. C- Ord. # 14540 18480 from the City Manager recommending that the City Council: Texas State Library and 1. Authorize the City Manager to apply for and accept a grant Archives for the Interlibrary Loan Program in the amount of Commission & $251,834.00 from the Texas State Library and Archives The United Commission and the United States Department of Education; States and Department of Education 2. Authorize the City Manager to execute a grant contract with the Texas State Library and Archives Commission relating to such grant; and 3. Adopt Appropriation Ordinance No. 14540 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $251,834.00 from available funds for the purpose of funding the Interlibrary Loan Program through a grant from the Texas State Library and Archives Commission and the United States Department of Education; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 13 of 15 4. Apply indirect costs according to Administrative Regulation 3-15 using the most currently approved indirect cost rate of 28.52 percent for this department. It was the consensus of the City Council that the recommendation be adopted. C-18481 There was presented Mayor and Council Communication No. C- Lumbermen's 18481 from the City Manager recommending that the City Council Investment authorize the City Manager to execute a Community Facilities Corporation Agreement with Lumbermen's Investment Corporation for the installation of community facilities for construction of water and sewer services to serve the Summer Creek Ranch Addition, Phase II, Section IX. Council Member Picht made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-18482 There was presented Mayor and Council Communication No. C- Ord. # 14541 18482 from the City Manager recommending that the City Council: Fort Worth Transportation 1. Adopt Appropriation Ordinance No. 14541 increasing the Authority estimated receipts and appropriations in the General Fund in the amount of $28,600.00 from available funds for the purpose of funding an Interlocal Agreement with the Fort Worth Transportation Authority for transportation planning services; and 2. Authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Transportation Authority (The T) to allow the Planning Department, in coordination with the Transportation and Public Works Department, to provide transportation planning services to The T. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-18483 There was presented Mayor and Council Communication No. C- Terminate CSC # 18483 from the City Manager recommending that the City Council 26453 —Whizcon terminate City Secretary Contract No. 26453 with Whizcon Utilities, Utilities, Inc. & Inc. and authorize the City Manager to execute a construction Execute contract with M. E. Burns Construction, Inc. for the Woodvale Contract with M. Water Extension in the amount of $314,812.40. Council Member E. Burns Wentworth made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 14 of 15 Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before the City Presentations Council regarding the City Council Election. Riley Cantrell Robert Howard Mr. Robert Howard, 6837 Glen Meadow Drive, and a senior at Northside High School, appeared before Council and recommended that the Modern Art Museum be reused as a Visual and Performing Arts School. Mayor Barr informed Mr. Howard that Mayor Pro tempore McCloud chaired a committee that was looking into the City's options for the building. He added that there had been several recommendations suggested for the building and that they would all be evaluated. He requested Mr. Howard provide a copy of his presentation to the consultant for his review and referred him to Assistant City Manager Libby Watson to obtain additional information. Executive It was the consensus of the City Council that they recess into Session executive session at 10:59 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) Elizabeth "Jay" Seymour, Pamela Denise Wright, and Patricia Hale v. B. Don Magness and the City of Fort Worth, Cause No. 249-68-98; b) Sunny Graham v. City of Fort Worth, Cause No. 4:97- CV-1068-Y; c) Legal issues concerning the building at 500 Throckmorton Street, Fort Worth, Tarrant County, Texas owned by Loutex, L.P., Fort Worth; d) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94; e) City of Fort Worth vs. Collins and Dean, Cause No. 141-182361-00; f) Collins and Dean vs. City of Fort Worth and Employee Retirement Fund of City of Fort Worth, Cause No. 141- 181434-00; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 27, 2001 PAGE 15 of 15 g) 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; 3. Discuss the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened The City Council reconvened into regular session at 12:30 p.m. Adjournment There being no further business, the meeting was adjourned at 12: 0 P.M. CITY S ETARY MAYOR