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HomeMy WebLinkAbout2000/11/28-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 28, 2000 Date & Time On the 28th day of November, A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 10:35 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 Vic Bartlow, Bethesda Community Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of November 21, 2000, were approved unanimously. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda was adopted unanimously. Res. # 2688 There was presented Resolution No. 2688 giving permission to Splendora Splendora Cultural Education Facilities Finance Corporation for the Cultural financing of cultural facilities within the City of Fort Worth, Texas Education for the Amon Carter Museum. Council Member Wentworth made a Facilities motion, seconded by Council Member Silcox, that the Finance recommendation be adopted. The motion carried unanimously. Corporation OCS-1177 There was presented Mayor and Council Communication No. OCS- Claims 1177 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. CITY COUNCIL MEETINI FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 2 of 14 G-13087 There was presented Mayor and Council Communication No. G- Amend CSC # 13087 from the City Manager recommending that the City Council: 25560 - Reallocation of 1. Reallocate the remaining balance of $203,893.30 in Far Far Greater Greater Northside (FGN) Model Blocks Street Improvements Northside Model Funds to Sidewalk Construction; and Blocks Funds and Amendment 2. Authorize the City Manager to amend City Secretary of Housing Contract No. 25560 with the Far Greater Northside Historical Goals Neighborhood Association (FGNHNA) to revise the housing development goals from eight to four houses during the contract period; and 3. Amend the CDBG Year XXV Annual Consolidated Plan to reflect these changes. It was the consensus of the City Council that the recommendation be adopted. G-13088 There was presented Mayor and Council Communication No. G- Payment of 13088 from the City Manager recommending that the City Council Attorney's Fees confirm the engagement of the following attorneys as legal counsel to Paul R. to represent the City and three police officers in the lawsuit of John Sorenson, A. Martin, et al, v. City of Fort Worth, et al, Civil Action 4:99-CV-669- Gerald Pruitt, D. Y: Lee Thomas, Jr., and Jerry Murad 1. Paul R. Sorenson to represent City employee Officer J. C. Romero, and authorize the payment of reasonable attorney fees not to exceed $30,000.00; and 2. Gerald Pruitt to represent Police Officer J. D. Hall through October 1, 2000, and authorize the payment of reasonable attorney fees not to exceed $11,823.62; and 3. D. Lee Thomas, Jr., Gerald Pruitt's successor, to represent Police Officer J. D. Hall after October 1, 2000, and authorize the payment of reasonable attorney fees not to exceed $15,000.00; and 4. Jerry Murad to represent Police Officer J. M. Aguilar, and authorize the payment of reasonable attorney fees not to exceed $30,000.00 It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 3 of 14 G-13089 There was presented Mayor and Council Communication No. G- Payment of 13089 from the City Manager recommending that the City Council Attorney's Fees confirm the engagement of Mr. Mike Heiskell to represent ex-Police to Mike Heiskell Officer David Stefanos in the lawsuit of Luis Hernandez et al, v. City of Fort Worth, et al, Civil Action No. 4:99-CV-0318-Y. It was the consensus of the City Council that the recommendation be adopted. G-13090 There was presented Mayor and Council Communication No. G- Ord. # 14421 13090 from the City Manager recommending that the City Council: Authorize Acceptance of 1. Authorize the City Manager to apply for and accept, if Grant from awarded, a grant from the 3Com® Corporation Urban 3Com® Challenge Grant Program in the amount of $100,000.00 for Corporation the purchase of computer hardware, software, and Urban Challenge professional services; and Grant Program 2. Adopt Appropriation Ordinance No. 14421 increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $100,000.00 from available funds for the purpose of funding 3Com® Challenge Program to improve education curriculum and public sector communication systems. It was the consensus of the City Council that the recommendation be adopted. L-12951 There was presented Mayor and Council Communication No. L- Authorize 12951 from the City Manager recommending that the City Council: Approval of the Sale of Surplus 1. Approve the sale of various surplus tax foreclosure Tax Foreclosure properties in accordance with Section 272.001 of the Texas Property Local Government Code for a total of$78,586.50; and 2. Authorize the City Manager to execute the appropriate deeds conveying the property to the high bidder complying with the bid specifications. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETINN FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 4 of 14 Council Member Davis requested that in the future Council Members be informed of any surplus property that might be considered for inclusion in the land banking program prior to it being offered for sale. C-18359 & Mayor Barr stated that he was advised by City Attorney Yett that C-18360 Mayor and Council Communication Nos. C-18359 and C-18360 Continued Until should be continued until after the Executive Session. After Executive Session C-18363 There was presented Mayor and Council Communication No. C- Ord. # 14422 18363 from the City Manager recommending that the City Council: Interior Pipe Linings, Inc. 1. Authorize the transfer of $276,084.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14422 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $276,084.00 from available funds for the purpose of funding a contract with Interior Pipe Linings, Inc., for cement-lining at various locations; and 3. Authorize the City Manager to execute the renewal of a contract with Interior Pipe Linings, Inc. in an amount not to exceed $250,000.00 and 365 calendar days for cement lining at various locations. It was the consensus of the City Council that the recommendation be adopted. C-18364 There was presented Mayor and Council Communication No. C- N. G. Painting, 18364 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a construction contract with N. G. Painting, Inc. for the Repair and Repainting of the Stagecoach 5.5 MG (million gallon) Ground Storage Tank, on the low bid of $531,900.00. It was the consensus of the City Council that the recommendation be adopted. C-18365 There was presented Mayor and Council Communication No. C- Trinity River 18365 from the City Manager recommending that the City Council Authority of authorize the City Manager, or his designee, to execute an Texas Interlocal Agreement with the Trinity River Authority of Texas (TRA) to adopt and maintain a water plan that is at least as • CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 5 of 14 stringent as the plan adopted by the TRA. It was the consensus of the City Council that the recommendation be adopted. C-18366 There was presented Mayor and Council Communication No. C- North Central 18366 from the City Manager recommending that the City Council Texas Council of authorize the City Manager to execute a licensing agreement with Governments the North Central Texas Council of Governments to provide updated digital aerial photography and contours for the City's geographic information system at a cost not to exceed $153,146.00. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-18367 There was presented Mayor and Council Communication No. C- University of 18367 from the City Manager recommending that the City Council North Texas authorize the City Manager to enter into a standard consent Health Science agreement with the University of North Texas Health Science Center Center authorizing use of the right-of-way for the installation of two aerial pedestrian bridges over Clifton Street. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-18368 There was presented Mayor and Council Communication No. C- Leland 18368 from the City Manager recommending that the City Council Consulting authorize the City Manager to execute a contract with Leland Group Consulting Group in an amount not to exceed $231,500.00 to prepare conceptual redevelopment plans for five central City commercial corridors. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Mayor Pro tempore McCloud acknowledged Ms. Ann Richter and Bill Cunningham from Denver, Colorado who would be working on redevelopment plans for the five corridors. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 6of14 Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 269.3 acres of land out Case No. A-00- of Lake Crest Estates, Units No. 1 and 2, in the W. E. Conwell 18 —W. E. Survey, Abstract No. 342, the J. H. Conwell Survey, Abstract No. Conwell Survey 343, and the A. S. Roberts Survey, Abstract No. 1262a, Tarrant Abstract No. County, Texas, Annexation Case No. A-00-18. Mayor Barr asked if 342; the J. H. there was anyone present desiring to be heard. Conwell, Abstract No. Mr. Kevin Lasher, representing the Development Department, 343, and the A. appeared before the City Council, presented a staff report, and S. Roberts advised Council that staff should be directed to institute Survey, Abstract annexation proceedings by the preparation of an ordinance to be No. 1262a adopted on December 19, 2000. The following residents of the proposed annexation area appeared before Council in opposition of the annexation. They expressed concerns relative to City providing services to the area, effective date that City property taxes would commence, disposition of wells on their property, building inspections, animal restrictions, and response times from the Police Department. Daniel Miller, Mr. Daniel Miller 7015 Seth Barwise Liz Stafford, Ms. Liz Stafford 7130 Bob Hanger Theresa Lackey, Ms. Theresa Lackey 7217 Bob Hanger Dennis Roe, Sr. Mr. Dennis Roe, Sr. 6601 Gillis Johnson Clint Bowers, Mr. Clint Bowers 7221 Bob Hanger Billie O'Quinn Mr. Billie O'Quinn 7221 Bob Hanger Mesa Mr. Mesa Suphasawud 6011 W. J Boaz Road Suphasawud, Mr. Brack Faulk 7121 Bob Hanger Brack Faulk, and Mr. Dan Phonhnaboth 7316 Cantey Dan Phonhnaboth Mayor Barr informed the residents that in order to stop the annexation process they needed to provide compelling arguments as to why the area should not be annexed. Mr. Lasher responded to Council Member Wentworth's inquiry regarding delayed payment of property taxes for the annexed area. Mr. Lasher stated that if the effective date of the annexation ordinance were after January 1, 2001 but before January 30, 2001, then taxes would be due in October 2002. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 7 of 14 There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 269.3 acres of land out of Lake Crest Estates, Units No. 1 and 2, in the W. E. Conwell Survey, Abstract No. 342, the J. H. Conwell Survey, Abstract No. 343, and the A. S. Roberts Survey, Abstract No. 1262a, Tarrant County, Texas, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the second public hearing be closed and that the staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 221.302 acres of land Case No. A-00- out of the William McCowan Survey, Abstract No. 999, Tarrant 19 —William County, Texas, Annexation Case No. A-00-19. Mayor Barr asked if McCowan there was anyone present desiring to be heard. Survey, Abstract No. 999 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 institute annexation proceedings by the preparation of an ordinance to be adopted on December 19, 2000. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 221.302 acres of land out of the William McCowan Survey, Abstract No. 999, Tarrant County, Texas, Annexation Case No. A-00-19, Council Member Haskin made a motion, seconded by Council Member Davis, that the second public hearing be closed and that the staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 122 acres of land out Case No. A-00- of the William McCowan Survey, Abstract No. 999, and the Charles 20 —William C. Whyte Survey, Abstract No, 1611, Tarrant County, Texas, McCowan Annexation Case No. A-00-20. Mayor Barr asked if there was Survey, Abstract anyone present desiring to be heard. No. 999 and Charles C. Mr. Kevin Lasher, representing the Development Department, Whyte Survey, appeared before the City Council, presented a staff report, and Abstract No. advised Council that staff should be directed to institute 1611 annexation proceedings by the preparation of an ordinance to be adopted on December 19, 2000. CITY COUNCIL MEETIS is FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 8 of 14 The following residents of the proposed annexation area appeared before Council in opposition of the annexation. They expressed dissatisfaction with zoning designations in the area, poor response of services provided by the City, and paying taxes for water and sewer services that would not be in place for as much as four years. Phyllis Gross, Ms. Phyllis Gross 3781 Thompson Road, Keller, TX Steve Bontrager, Mr. Steve Bontrager 3789 Thompson Road, Keller, TX Victor Montoya Mr. Victor Montoya 3735 Thompson Road, Keller, TX Council Member Haskin stated that a meeting was held last night regarding this annexation case and the residents requested that the case be moved to January 9, 2001, with Council approval. She further stated that there would be another meeting on January 8, 2001 at the Heritage Community Center for public comment. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 122 acres of land out of the William McCowan Survey, Abstract No. 999, and the Charles C. Whyte Survey, Abstract No. 1611, Tarrant County, Texas, Annexation Case No. A-00-20, Council Member Haskin made a motion, seconded by Council Member Picht, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of three tracts of land Case No. A-00- comprising 49.8 acres out of the J. W. Steiner Survey, Abstract No. 21- J. W. Steiner 1972, and a portion of Blocks 1 and 2, Hollow Hills Addition, Survey, Abstract Tarrant County, Texas, Annexation Case No. A-00-21. Mayor Barr No. 1972, and a asked if there was anyone present desiring to be heard. Portion of Blocks 1 and 2, Mr. Kevin Lasher, representing the Development Department, Hollow Hills appeared before the City Council, presented a staff report, and Addition advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted on December 19, 2000. The following residents of the proposed annexation area appeared before Council in opposition of the annexation. They asked that Council maintain the large lot size through A43 zoning designation and that this historical area be preserved. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 9 of 14 Wayne Usry, Mr. Wayne Usry 8034 Meadowbrook Drive Max Anderson, Mr. Max Anderson 8028 Meadowbrook Drive Gail Schneider, Ms. Gail Schneider 8101 Shelton Drive Margaret Ms. Margaret Sevadjain 8120 Meadowbrook Drive Sevadjain, and Mr. Edgar Alexander 8103 Shelton Drive Edgar Alexander There being no one else present desiring to be heard in connection with the second public hearing for the annexation of three tracts of land comprising 49.8 acres out of the J. W. Steiner Survey, Abstract No. 1972, and a portion of Blocks 1 and 2, Hollow Hills Addition, Tarrant County, Texas, Annexation Case No. A-00-21, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. Council Member Moss added that a meeting to discuss this annexation would be held on November 30, 2000 at 7:00 p.m. at the East Regional Library on Bridge Street. He encouraged all those interested to attend. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of three tracts of land Case No. A-00- comprising 201 acres of land of the Isabel Flores Survey, Abstract 22 — Isabel No. 507, the E. B. Dishman Survey, Abstract No. 407, the John C. Flores Survey, Dishman Survey, Abstract No. 408, the John Jennings Survey, Abstract No. Abstract No. 873, and the Moses Walters Survey, Abstract No. 507; the E. B. 1598, Tarrant County, Texas, Annexation Case No. A-00-22. Mayor Dishman Barr asked if there was anyone present desiring to be heard. Survey, Abstract No. 407; the Mr. Kevin Lasher, representing the Development Department, John C. appeared before the City Council, presented a staff report, and Dishman advised Council that staff should be directed to institute Survey, Abstract annexation proceedings by the preparation of an ordinance to be No. 408; the adopted on December 19, 2000. John Jennings Survey, Abstract There being no one else present desiring to be heard in connection No. 873; and the with the second public hearing for the annexation of three tracts of Moses Walters land comprising 201 acres out of the Isabel Flores Survey, Abstract Survey, Abstract No. 507, the E. B. Dishman Survey, Abstract No. 407, the John C. No. 1598 Dishman Survey Abstract No. 408, the John Jennings Survey, Abstract No. 873, and the Moses Walters Survey, Abstract No. 1598, Tarrant County, Texas, Annexation Case No. A-00-22, Council Member Picht made a motion, seconded by Mayor Pro tempore CITY COUNCIL MEETI* FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 10 of 14 McCloud, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 372 acres of land out Case No. A-00- of the W. Thompson Survey, Abstract No. 1559, the A. Roberts 23 —W. Survey, Abstract No. 1262 and the I. & G. N. R. R. Co. Survey, Thompson Abstract No. 834, Tarrant County, Texas, Annexation Case No. A- Survey, Abstract 00-23. Mayor Barr asked if there was anyone present desiring to be No. 1559, the A. heard. Roberts Survey, Abstract No. Mr. Kevin Lasher, representing the Development Department, 1262 and the I. & appeared before the City Council, presented a staff report, and G. N. R. R. Co. advised Council that staff should be directed to institute Survey, Abstract annexation proceedings by the preparation of an ordinance to be No. 834 adopted on December 19, 2000. Lorin Boswell Mr. Lorin Boswell, 6706 Camp Bowie, appeared before Council and opposed the annexation effective date. He requested Council provide him the opportunity to obtain a land planner to develop his property and to delay the annexation until the Spring of 2001. The following residents of the proposed annexed area appeared before Council in opposition of the annexation. They expressed concerns relative to operating an established business after annexation into the City and paying for services already provided by Saginaw, Tarrant County, and Eagle Mountain. Billy J. Ferrell, Mr. Billy J. Ferrell 8659 Old Decatur Road Janet Lynam, Ms. Janet Lynam 8620 Bryson Lane Michael Franklin Mr. Michael Franklin 8601 Bryson Lane There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 372 acres of land out of the W. Thompson Survey, Abstract No. 1559, the A. Roberts Survey, Abstract No. 1262, and the I. & G. N. R. R. Co. Survey, Abstract No. 834, Tarrant County, Texas, Annexation Case No. A-00-23, Council Member Davis made a motion, seconded by Council Member Haskin, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. ® • CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 11 of 14 Citizen Ms. Sharon Armstrong, 4605 Virgil, appeared before Council and Presentations extended an invitation for them to attend the Annual Stop 6/Poly Association Banquet on December 15, 2000. She stated that Council Member Moss would be honored at this banquet. Mayor Barr prefaced the following citizen presentations regarding Channel 46 cable access programming by stating that last week he requested the City Manager to have staff provide a report to Council regarding the proposed elimination of Channel 46. As last week was a short week due to the Thanksgiving holiday, the Council was not expecting the report until late this week. He further stated that it was not his intent to have staff add Channel 46 public access programming as an item for discussion on the Pre- Council or Council agenda for this week. However, during the Pre- Council Work Session today, Council informally requested that staff delay removing the present Channel 46 programming for 6 weeks to 2 months, approximately mid January or up to February 1, 2001. This would allow coordination with Tarrant County College. Council Member Davis added that this would also permit users of Channel 46 the opportunity to voice their opposition. The following citizens appeared before Council to express their opposition of elimination of Channel 46 public access programming: Anna Evans, Ms. Anna Evans 6021 Oakland Bend #148 James Brown, Bishop James Brown 3501 Avenue I Champion Mr. Champion Christian 5716 Wharton Drive Christian, Mr. Oliver G. Hill 2707 Miller Avenue Oliver G. Hill, Mr. Miguel Cruz 6321 Fern Meadow Drive Miguel Cruz, Dr. Edward Furtch 7405 Wichita Street Edward Furtch, Mr. Ken Noveroske 3232 Townsend Drive Ken Noveroske, Mrs. Pat Noveroske 3232 Townsend Drive Pat Noveroske, Pastor Doug Bircher 2712 Fairway Drive Doug Bircher, Mr. Bob Caviness 2317 May, Grand Prairie, TX Bob Caviness, Ms. Lovie Anderson 3500 S. Riverside Drive Lovie Anderson, Mr. Mark Wiltfong 7812 Garza Avenue Mark Wiltfong, Mr. Gerald Pinke 6704 Meadowbrook Drive Gerald Pinke, Mr. W.P. Hutchison 6321 Calmont W.P. Hutchison Ms. Sylvia Elgin 5525 Truman Drive Sylvia Elgin, Rev. Harold Patton 8048 Natalie Drive Harold Patton, Mrs. Marian Patton 8048 Natalie Drive Marian Patton, Ms. Jill Darden 100 Throckmorton Street, Ste 430 CITY COUNCIL MEETI* FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 12 of 14 Jill Darden, Mr. Donnell Ballard 201 N. Cherry Donnell Ballard, Mr. Ken Morrison 2809 Sommerset Drive, Ken Morrison Grand Prairie, TX Executive It was the consensus of the City Council that the Council meet in Session closed session at 1:28 p.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: a) Legal issues concerning acquisition, by eminent domain if necessary, of property at D/FW International Airport; b) Legal issues concerning building permits and zoning of residential property; c) Legal issues concerning City Council-initiated rezoning of property; d) Legal issues concerning Annexation Cases No. A-00- 18, A-00-19, A-00-20, A-00-21, A-00-22, and A-00-23; e) Legal issues concerning proposed public right-of-way use agreements with Dynamic Cable Construction Company, Inc. and Optical Access Networks, Inc. (see M&Cs C-18359 and C-18360) f) Livingston, et al v. City of Fort Worth, Cause No. 352- 176354-98; and g) Hickey, et al v. City of Fort Worth, Cause No. 348- 185345-00; h) Fort Worth I.S.D. v City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94; i) Seymour, et al v. City of Fort Worth, et al, Cause No. 249-68-98; and j) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. 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 person; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 13 of 14 3. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code; and 4. 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 3:26 p.m. C-18359 There was presented Mayor and Council Communication No. C- Dynamic Cable 18359, dated November 21, 2000, from the City Manager Construction recommending that the City Council authorize the City Manager to Company, Inc. execute a Public Right-of-Way Use Agreement with Dynamic Cable Construction Company, Inc. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with the following changes suggested to the insurance coverage that will be provided under the agreement: - Property Damage Liability will be increased to $10,000,000.00 per occurrence - The paragraph under the section dealing with automobile liability include: "The City shall have the right to revise insurance coverage requirements under this Agreement upon a reasonable determination by the City's Risk Manager that Company's use of the Public Rights-of-Way mandates such a revision. Company shall comply with such revised requirements within ten (10) calendar days of receipt of written notice by the City of such a revision." City Attorney Yett stated that the last provision does not just apply to automobile liability but all the required coverage under the agreement. George Freeman Mr. George Freeman, 1445 Ross Avenue, Suite 3200, Dallas, Texas appeared before Council and stated that documents reflecting the additional coverage would be provided to the City as early as today or as late as next week. He requested that his client be allowed to pull permits based on the current coverage of $6,000,000.00 in order to begin the excavation of the property. CITY COUNCIL MEETI FORT WORTH, TEXAS NOVEMBER 28, 2000 PAGE 14 of 14 Mayor Barr stated that the required insurance coverage of $10,000,000.00 needed to be in place before permits were approved and excavation begins. Council Member Davis amended her motion, and Council Member Silcox amended his second, to include the provision that insurance coverage needed to be in place prior to the commencement of excavation. The motion carried unanimously. C-18360 There was presented Mayor and Council Communication No. C- Optical Access 18360 from the City Manager recommending that the City Council Networks, Inc. authorize the City Manager to execute a Public Right-of-Way Use Agreement with Optical Access Networks, Inc. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with the same changes made to the agreement with Dynamic Cable Construction Company, Inc. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 3:33 p.m. ,! f CITY S RETARY MAYOR