Loading...
HomeMy WebLinkAbout2000/12/05-Minutes-City Council CITY COUNCIL MEETING 10 DECEMBER 5, 2000 Date & Time On the 5th day of December, A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 10:22 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 Larry Adkisson, Metropolitan Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of November 28, 2000, were approved unanimously. Announcements Mayor Pro tempore McCloud thanked the members of the Fort Worth Police Department and community leaders in the Riverside area for the successful sting operation conducted last week to eliminate prostitution in that area. He specifically commended the efforts of the Vice Unit and Police Officer Billy Cordell during the operation. Council Member Lane thanked Richard Zavala, Director of Parks and Community Services and the men and women of the Fort Worth Herd who participated in the very successful Parade of Lights last weekend. Council Member Davis acknowledged the passing of Ben Ann Tomayko and stated that she was a wonderful example of a community leader. Mayor Barr also advised Council that the League of Neighborhoods would be creating a memorial as a tribute to honor her many years of community service. He stated that additional information would be provided at a later date. Continued/ City Manager Terrell requested that Mayor and Council Withdrawn Communication Nos. G-13093, G-13094, and L-12957 be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 2 of 16 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Appointments Council Member Haskin expressed her appreciation to David Vasquez for his many years of service on the Parks and Community Services Advisory Board. She made a motion, seconded by Council Member Davis, that Julie Castro be appointed to Place 4 on the Parks and Community Services Advisory Board effective December 5, 2000, and with a term to expire October 1, 2002. The motion carried unanimously. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, to reappoint Anne Cozart to the Aviation Advisory Board effective December 5, 2000, and with a term to expire October 1, 2002. The motion carried unanimously. OCS-1178 There was presented Mayor and Council Communication No. OCS- Claims 1178 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. G-13091 There was presented Mayor and Council Communication No. G- Ord. # 14423 13091 from the City Manager recommending that the City Council: Accept Reimbursement 1. Accept $18,513.17 from the Southwestern Bell Telephone of Rate Case Company for reimbursement of rate case expenses incurred Expenses from during the appeal of the City's rate case against SW Bell Southwestern Bell Telephone Company, (PUC Docket No. Telephone for 18509); and Payment to Law Offices of Jim 2. Adopt Supplemental Appropriation Ordinance No. 14423 Boyle increasing the estimated receipts and appropriations in the Property and Casualty Insurance Fund in the amount of $18,513.17 from available funds for the purpose of reimbursement to the City of Fort Worth for expenses incurred pertaining to the rate case hearings against Southwestern Bell Telephone Company; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 3 of 16 3. Authorize payment of $18,513.17 to the Law Offices of Jim Boyle for legal services performed on behalf of the City of Fort Worth during the appeal of the City's rate case against Southwestern Bell Telephone Company, (PUC Docket No. 18509). It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing regarding the creation of Tax Increment Reinvestment Zone Number 5, City of Fort Worth, Texas. Mayor Barr asked if there was anyone present desiring to be heard. Ardina Washington, representing Economic Development, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13092, as follows: G-13092 There was presented Mayor and Council Communication No. G- Creation of Tax 13092 from the City Manager recommending that the City Council Increment hold a public hearing concerning the designation of Tax Increment Reinvestment Reinvestment Zone Number 5, Fort Worth, Texas. Zone No. 5 Reid Rector Mr. Reid Rector, 777 Taylor Street, and representing the Fort Worth Chamber of Commerce, appeared before Council to encourage the Council's support in establishing the proposed Tax Increment Reinvestment Zone Number 5. He added that the zone would be a significant source of revenue for the City as well as create jobs for the residents. Garey Gilley Mr. Garey Gilley, 2650 Meacham Blvd., appeared before Council and stated that he represented several developers who collectively supported the creation of Tax Increment Reinvestment Zone Number 5. Mayor Barr stated that it was due to the bold steps taken by previous Councils, on which Mr. Gilley served, that made the creation of the reinvestment zone a reality. Council Member Davis requested Council's approval to abstain from voting on this issue as her husband had a business relationship with Dell. CITY COUNCIL MEETINIP FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 4 of 16 Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Council Member Davis be allowed to abstain from voting on this issue. The motion carried unanimously. There being no one else present desiring to be heard, Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that the public hearing be closed and that staff be directed to prepare the necessary documents to designate Tax Increment Reinvestment Zone Number 5 on December 19, 2000. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Wentworth NOES: None ABSENT: None NOT VOTING: Council Member Davis G-13093 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-13093, TXU Gas Distribution Request for One Week Increase in Local Rates, be continued for one week. G-13094 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-13094, Adopt Resolution Authorizing and One Week Approving the Creation of a Nonprofit Dallas-Fort Worth International Airport Facility Financing Corporation (PFIC) and Articles of Incorporation to Act on Behalf of the Cities of Dallas and Fort Worth, be continued for one week. G-13095 There was presented Mayor and Council Communication No. G- Adoption of 13095 from the City Manager recommending that the City Council: 2001 State Legislative 1. Adopt the 2001 State Legislative Program; and Program 2. Authorize and direct the City Manager to distribute copies of the City's State Legislative Program to members of the Texas Legislature, to other cities, and to other interested individuals; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 5 of 16 3. Authorize and direct appropriate City officials to send letters of support or to meet with state officials to discuss the City's position on certain pieces of legislation. Council Member Lane stated that he was in favor of adopting the 2001 State Legislative Program with the exception of two paragraphs and asked City Attorney Yett what action would be appropriate. City Attorney Yett advised Council Member Lane that items on the M&C could not be voted separately. The M&C was presented as a complete package and would have to be voted on as such. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted, as amended, to include the following additional paragraph: 31. SUPPORT PASSAGE OF LEGISLATION PROVIDING FOR A REGIONAL EMERGENCY WARNING SYSTEM On March 28, 2000, a devastating tornado caused extensive damage to areas in and around downtown Fort Worth as well as residential areas in Arlington and Grand Prairie. The City of Fort Worth is still recovering from the effects of this dreadful weather event. While the emergency response effort to this tornado was quite impressive and laudable, it has become increasingly evident that the emergency warning systems for most cities in the area are in need of replacement or upgrading. This is true for the City of Fort Worth. In discussions in the months since the tornado, the idea of a regional emergency warning system has surfaced. A regional system could provide for compatible warning systems across city lines, efficiencies through the development of a grid system, provide for system back-up activation points and could bring with it state of the art technology. Currently, Tarrant County is served by a 911 District or Emergency Communications District that includes all cities in Tarrant County as well as the cities of Irving and Grand Prairie. Ideally, the local 911 District is a logical entity to undertake a regional emergency warning system assuming that legislatively such authority could be granted. The local 911 District is one of the best managed in the state and has the lowest cost associated with the implementation of the 911 system for the area. A regional system like the 911 District could serve as a clearinghouse for the development of region-wide emergency warning system. The City staff proposes that legislation be sought that would either create a separate district to CITY COUNCIL MEETINIP FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 6of16 manage and implement a regional emergency warning system or provide the existing 911 District the authority to undertake such a task. The City of Fort Worth seeks introduction and passage of legislation that would either create a separate district to develop a regional emergency warning system for the area or expand the scope of the 911 District to include a regional emergency warning system as part of its charge. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Lane ABSENT: None G-13096 There was presented Mayor and Council Communication No. G- Receive Petition 13096 from the City Manager recommending that the City Council: and Accept Application Fees 1. Receive the petition for establishment of the Fort Worth for Public Improvement District No. 9 (PID 9) for the Parkwood Establishment of Hill area; and PID No. 9 2. Accept the application fee of$500.00 to be used by City staff for petition verification and the establishment of a proposed assessment roll; and 3. Direct the City Manager and City Attorney to review the petition to determine whether the petition includes the necessary signatures and meets the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); and 4. Schedule the petition for further consideration at a future City Council meeting. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted, with appreciation to staff, the neighborhood, and Lumberman's Investment Corporation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 7 of 16 G-13097 There was presented Mayor and Council Communication No. G- Denial of 13097 from the City Manager recommending that the City Council Amendment to deny the requested amendment to the Master Thoroughfare Plan MT-00-005 for (MT-00-005) for Restaurant Row Addition to adjust the alignment of Restaurant Row Southwest Parkway (SH-121T) west of Forest Park Boulevard. Addition: Council Member Davis made a motion, seconded by Council Proposed Member Silcox, that the recommendation be adopted. The motion Realignment of carried unanimously. SH-121T West of Forest Park Blvd. G-13098 There was presented Mayor and Council Communication No. G- Accept Donation 13098 from the City Manager recommending that the City Council of Laboratory authorize the City Manager to accept a donation of laboratory Equipment and equipment and supplies from the Johnson & Johnson Medical Supplies from Company. Council Member Davis made a motion, seconded by Johnson & Council Member Silcox, that the recommendation be adopted, with Johnson appreciation to Johnson & Johnson Medical Company. The motion Medical Co. carried unanimously. G-13099 There was presented Mayor and Council Communication No. G- Accept Gift for 13099 from the City Manager recommending that the City Council the Public accept a gift for the Fort Worth Public Library of a painting titled Library of "Reunion with the Black" for its permanent public art collection. "Reunion with The gift was donated by the Fort Worth Public Library Foundation the Black" (Foundation). Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted, with appreciation. The motion carried unanimously. Mayor Barr stated that the painting was a donation from the Fort Worth Public Library Foundation. Imagination Celebration gave it to the foundation in honor of Mrs. Mary Ann Harris, a former teacher at Fort Worth Country Day School. P-9234 There was presented Mayor and Council Communication No. P- Purchase 9234 from the City Manager recommending that the City Council: Agreement for Diesel Fuel 1. Authorize a purchase agreement with Lucky Lady Oil Company for diesel fuel for the City of Fort Worth, and Interlocal Agreements with any governmental entities. Prices will be based on the Dallas Metro Texas OPIS (Oil Price Information Service) Petrosat net price per gallon for the day the fuel is delivered, as listed in the bid tabulation. CITY COUNCIL MEETIN FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 8of16 Payment is due 30 days from the date the invoice is received. The City takes ownership at the area terminal and freight is included in the price of fuel; and 2. Authorize the City Manager to enter into interlocal purchase agreements with any governmental entities, as requested, based on the same prices, terms and conditions of the original agreement; and 3. Authorize this agreement to begin December 5, 2000 and expire December 4, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9235 There was presented Mayor and Council Communication No. P- Rental 9235 from the City Manager recommending that the City Council Agreement to authorize: Provide Mail Equipment 1. A two-year rental agreement for a total mailing system for the Reprographics Division from Pitney Bowes, Inc., Government Marketing Division, from the State of Texas General Services Commission Rental Contract 600-A, for a total amount not to exceed $64,067.28; and 2. This agreement to begin January 1, 2001, and expire December 31, 2002. It was the consensus of the City Council that the recommendation be adopted. L-12952 There was presented Mayor and Council Communication No. L- Convey Parcel 12952 from the City Manager recommending that the City Council: of Property to CentrePort Joint 1. Authorize the City Manager to execute a General Warranty Venture, Inc. and Deed conveying the property described as a 9.96 acre tract Accept situated in the James J. Goodman Survey, Abstract No. 583, Avigation Tarrant County, Texas and including a portion of Block Easement 314A, Area 3, Section 4, CentrePort, an addition to the City of Fort Worth, Texas. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 9 of 16 2. Authorize the acceptance, filing and recording by the City of one avigation easement and release from CentrePort Joint Venture, Inc. covering the same property in favor of the cities of Dallas and Fort Worth and the Dallas/Fort Worth International Airport Board. It was the consensus of the City Council that the recommendation be adopted. L-12953 There was presented Mayor and Council Communication No. L- Accept Sanitary 12953 from the City Manager recommending that the City Council Sewer Line approve the acceptance of one underground sanitary sewer line Easement easement agreement described as Abstract 1868, Tract 4, S. T. Agreement Rhodes Survey, Tarrant County, Texas, from AIL Investment, LP needed for the purpose of constructing, installing, reconstructing, using, operating, maintaining and removing underground sanitary sewer facilities across the property located north and south of Highway 170, east of Haslet Roanoke Road (DOE 3189), for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12954 There was presented Mayor and Council Communication No. L- Acquisition of 12954 from the City Manager recommending that the City Council Permanent approve the acquisition of one permanent sanitary sewer easement Sanitary Sewer described as Lot 13, Block 4A, Mistletoe Sangamo, Tarrant County, Easement Texas, from Richard Hornick and Kimberlee Bradshaw, required for the rehabilitation of Sanitary Sewer Main C1C413 (DOE 2473), for a total cost of $1,030.00. It was the consensus of the City Council that the recommendation be adopted. L-12955 There was presented Mayor and Council Communication No. L- Ground Lease 12955 from the City Manager recommending that the City Council with R&R authorize the City Manager to execute an Unimproved Ground Hangars, Inc. Lease with R&R Hangars, Inc. for 290,000 square feet of land at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. L-12956 There was presented Mayor and Council Communication No. L- Lease 12956 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute an annual Terminal Building Civil Air Patrol Office Lease Agreement with the Civil Air Patrol for 472 square feet of office space on the second floor of the terminal building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETIN FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 10 of 16 L-12957 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-12957, Adopt Resolution Authorizing One Week Acquisition, by Eminent Domain, If Necessary, of a Leasehold Interest Containing Approximately 310,376 Square Feet of Land Located at D/FW International Airport, Tarrant County, Texas in Connection with the Construction of Terminal D, be continued for one week. L-12958 There was presented Mayor and Council Communication No. L- Authorize 12958 from the City Manager recommending that the City Council Condemnation declare the necessity of taking an interest in properties described of Properties as Lot 6, Block 1 (920 Missouri Ave); Lot 7, Block 1 (924 Missouri Required for Ave); and Lot 8, Block 1, (928 Missouri Ave), Schlaters Subdivision; Heritage Center and Lot 16, Block 3 (1012 Missouri Ave); Lot 4, Block 5 (800 Project Verbena); and Lots 1, 2 and 3, Block 1, Evans South Addition, Tarrant County, Texas, from various grantors, and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the properties required for the development of the Heritage Center Project. Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. PZ-2248 There was presented Mayor and Council Communication No. PZ- Ord. # 14424 2248 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 14424 vacating a 11.2-foot wide by 480 foot VA-00-015 long alley containing 5,309 square feet, and lying adjacent to Lots 1-9, 10R, 16-32, 33R and 36-38, Block 1, Grand View Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2249 There was presented Mayor and Council Communication No. PZ- Ord. # 14425 2249 from the City Manager recommending that the City Council Partial ROW adopt Ordinance No. 14425 vacating a 135-foot long by variable Vacation width segment of Bryce Avenue right-of-way (ROW) containing VA-00-020 approximately 472 square feet, more or less, and lying along the north ROW line of Bryce Avenue and the south line of Lots 21 through 26, Block 20, Chamberlain Arlington Heights First Filing, Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. C-18369 There was presented Mayor and Council Communication No. C- Arts Council of 18369 from the City Manager recommending that the City Council Fort Worth and authorize the City Manager to execute a contract with the Arts Tarrant County Council of Fort Worth and Tarrant County for $110,000.00 to begin October 1, 2000, and end September 30, 2001, to provide financial CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 11 of 16 assistance to nonprofit organizations in Fort Worth for projects that enhance the cultural and artistic life of the community. It was the consensus of the City Council that the recommendation be adopted. C-18370 There was presented Mayor and Council Communication No. C- Van Cliburn 18370 from the City Manager recommending that the City Council Foundation, Inc. authorize the City Manager to execute a contract with the Van Cliburn Foundation, Inc. for $62,600.00 to begin October 1, 2000, and end September 30, 2001, to bring international attention to the City of Fort Worth through its international piano competition. It was the consensus of the City Council that the recommendation be adopted. C-18371 There was presented Mayor and Council Communication No. C- Modern Art 18371 from the City Manager recommending that the City Council Museum authorize the City Manager to execute a contract with the Modern Art Museum for $437,751.00 to begin October 1, 2000, and end September 30, 2001, to provide cultural and educational services in Fort Worth to help the City promote tourism and the convention and hotel industries. It was the consensus of the City Council that the recommendation be adopted. C-18372 There was presented Mayor and Council Communication No. C- Museum of 18372 from the City Manager recommending that the City Council Science and authorize the City Manager to execute a contract with the Museum History of Science and History for $503,190.00 to begin October 1, 2000, and end September 30, 2001, to increase knowledge by offering instruction and opportunities for aesthetic enjoyment. It was the consensus of the City Council that the recommendation be adopted. C-18373 There was presented Mayor and Council Communication No. C- Supplemental 18373 from the City Manager recommending that the City Council Agreement No. 1 authorize the City Manager to execute Supplemental Agreement — Carter & No. 1 to the Engineering Services Agreement with Carter & Burgess, Inc. Burgess, Inc. to provide additional design services for intersection improvements on North Beach Street at IH-820 Project No. 30- 021209 for a lump sum fee of $53,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETI FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 12 of 16 C-18374 There was presented Mayor and Council Communication No. C- Smith's Painting 18374 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Smith's Painting for the exterior painting of the Central Library, in the amount of$58,600.00 and for a duration of 90 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-18375 There was presented Mayor and Council Communication No. C- Change Order 18375 from the City Manager recommending that the City Council No. 2 — CSC # authorize the City Manager to execute Change Order No. 2 to City 25818 — B&H Secretary Contract No. 25818 with B&H Utilities, Inc. for Main 390 Utilities, Inc. Drainage Area Sanitary Sewer Rehabilitation and Improvements (Group 6, Contract 1) Part 17, Unit 3, Sections A and B, in the amount of $184,927.50 to provide for additional and increased pay item quantities, thereby increasing the contract amount to $853,851.50. It was the consensus of the City Council that the recommendation be adopted. C-18376 There was presented Mayor and Council Communication No. C- Change Order 18376 from the City Manager recommending that the City Council No. 1 — CSC # authorize the City Manager to execute Change Order No. 1 to City 25986 —William Secretary Contract No. 25986 with William J. Schultz, Inc. d/b/a J. Schultz, Inc. Circle "C" Construction Company for Northside III 24-inch water d/b/a/ Circle "C" line installation (DOE 3131), in the amount of $21,940.00 thereby Construction increasing the contract amount to $579,965.00. It was the Company consensus of the City Council that the recommendation be adopted. C-18377 There was presented Mayor and Council Communication No. C- Ord. # 14426 18377 from the City Manager recommending that the City Council: Change Order No. 1 — CSC # 1. Authorize the City Manager to transfer $10,840.00 from the 25444— S. J. Water and Sewer Operating Fund to the Water Capital Louis Projects Fund ($7,952.00) and the Sewer Capital Projects Construction Fund ($2,888.00); and Company, Inc. 2. Adopt Appropriation Ordinance No. 14426 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $7,952.00 and in the Sewer Capital Projects Fund in the amount of $2,888.00 from available funds for the purpose of funding Change Order No. 1 with S.J. Louis Construction Company, Inc. for Highland Hills Storm Drain Improvements; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 13 of 16 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 25444 with S. J. Louis Construction Company, Inc. in the amount of $53,740.00 to provide for increased pay item quantities, thereby increasing the contract amount to $2,774,736.30. It was the consensus of the City Council that the recommendation be adopted. C-18378 There was presented Mayor and Council Communication No. C- ARS Engineers, 18378 from the City Manager recommending that the City Council Inc., Baird authorize the City Manager to execute a requirements contract to Hampton & provide professional surveying services for various City projects Brown, Inc., with ARS Engineers, Inc., Baird Hampton & Brown, Inc., Teague, Teague, Nall and Nall and Perkins, Inc., and Wendy Lopez & Associates, Inc. for a Perkins, Inc. and period of one year with an aggregate fee not to exceed $250,000.00 Wendy Lopez & per contract, with an option for a one-year renewal with Associates, Inc. renegotiated unit prices. It was the consensus of the City Council that the recommendation be adopted. C-18379 There was presented Mayor and Council Communication No. C- Fort Worth 18379 from the City Manager recommending that the City Council Sister Cities authorize the City Manager to execute a contract with Fort Worth International Sister Cities International for $297,825.00 to begin October 1, 2000, and end September 30, 2001. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-18380 There was presented Mayor and Council Communication No. C- Continued for 18380 from the City Manager recommending that the City Council One Week authorize the City Manager to enter into a standard consent agreement with Fine Line Diversified Realty, Inc. authorizing use of the right-of-way for the installation of various encroachments necessatz for the construction of the Sanguinet Building at 3rd Street, 4t Street, Taylor Street and Throckmorton Street. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-18380 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETIS FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 14 of 16 C-18381 There was presented Mayor and Council Communication No. C- Approval of 18381 from the City Manager recommending that the City Council Community authorize the City Manager to execute a Community Facilities Facilities Agreement with Lumbermen's Investment Corporation for the Agreement with installation of community facilities for the construction of Lumbermen's McPherson Boulevard to serve Summer Creek Ranch Addition, Investment Section IX. Council Member Lane made a motion, seconded by Corporation Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the first Annexation public hearing for the annexation of 39.0105 acres of land out of Case No. A-00- the Jose Chirino Survey, Abstract No. 265, Tarrant County, Texas, 14—Jose Annexation Case No. A-00-14. Mayor Barr asked if there was Chirino Survey, anyone present desiring to be heard. Abstract No. 265 Mr. Kevin Lasher, representing the Development Department, appeared before the City Council, presented a staff report, and advised Council that staff should be directed to publish notice setting December 19, 2000, as the second public hearing. There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 39.0105 acres of land out of the Jose Chirino Survey, Abstract No. 265, Tarrant County, Texas, Annexation Case No. A-00-14, Council Member Lane made a motion, seconded by Council Member Silcox, that the first public hearing be closed and that the second public hearing be set for December 19, 2000. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the first Annexation public hearing for the annexation of 78.3304 acres of land out of Case No. A-00- the S. T. Rhodes Survey, Abstract No. 1868, the Thomas Logan 16 — S. T. Survey, Abstract No. 1797, and the Jose Chirino Survey, Abstract Rhodes Survey, No. 265, Tarrant County, Texas, Annexation Case No. A-00-16. Abstract No, Mayor Barr asked if there was anyone present desiring to be heard. 1868, the Thomas Logan Mr. Kevin Lasher, representing the Development Department, Survey, Abstract appeared before the City Council, presented a staff report, and No. 1797, and advised Council that staff should be directed to publish notice the Jose Chirino setting December 19, 2000, as the second public hearing. Survey, Abstract No. 265 CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 15 of 16 There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 78.3304 acres of land out of the S. T. Rhodes Survey, Abstract No. 1868, the Thomas Logan Survey, Abstract No. 1797, and the Jose Chirino Survey, Abstract No. 265, Tarrant County, Texas, Annexation Case No. A- 00-16, Council Member Lane made a motion, seconded by Council Member Silcox, that the first public hearing be closed and that the second public hearing be set for December 19, 2000. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the first Annexation public hearing for the annexation of 27.04 acres of land out of the Case No. A-00- Robert Whitley Survey, Abstract No. 1672, Tarrant County, Texas, 17 — Robert Annexation Case No. A-00-17. Mayor Barr asked if there was Whitley Survey, anyone present desiring to be heard. Abstract No. 1672 Mr. Kevin Lasher, representing the Development Department, appeared before the City Council, presented a staff report, and advised Council that staff should be directed to publish notice setting December 19, 2000, as the second public hearing. There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 27.04 acres of land out of the Robert Whitley Survey, Abstract No. 1672, Tarrant County, Texas, Annexation Case No. A-00-17, Council Member Wentworth made a motion, seconded by Council Member Silcox, that the first public hearing be closed and that the second public hearing be set for December 19, 2000. The motion carried unanimously. Citizen Bishop James Brown, 3501 Avenue I, appeared before Council to Presentations request assistance and direction relative to Channel 46 cable James Brown access users being included in discussions regarding future programming for Channel 46 (Public Access). Executive It was the consensus of the City Council that the Council meet in Session closed session at 10:59 a.m. to: 1. Seek the advise 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: CITY COUNCIL MEETI FORT WORTH, TEXAS DECEMBER 5, 2000 PAGE 16 of 16 a) Livingston, et al v. City of Fort Worth, Cause No. 352- 176354-98; b) Hickey, et al v. City of Fort Worth, Cause No. 348- 185345-00; c) City of Fort Worth v. Eller Media Company, et al, Cause No. 2000-004461-1; d) City of Fort Worth v. Infinity Outdoor, Inc., Cause No. 2000-004459-2; e) Legal issues concerning TXU gas rate filing; f) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94; 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; 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 12:15 p.m. Adjournment There being no further business, the meeting was adjourned at 12:15 p.m. CITY CRETARY MAYOR