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HomeMy WebLinkAbout2003/04/29-Minutes-City Council CITY COUNCIL MEETING APRIL 29, 2003 Date & Time On the 29th day of April, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:20 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 Gary Jackson; Deputy City Attorney Marcella Olson; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Pastor Bill Bowers, Wedgwood Church of the Nazarene. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of April 22, 2003, were approved unanimously. Special Council Member Wentworth presented a Proclamation for Direct Presentations Deposit and Direct Payment Month. Announcements Council Member Lane announced that Saturday, May 3, 2003, at 10:00 a.m. the Cinco de Mayo parade would take place on the northside of Fort Worth starting at 204 W. Central, and stated that All Saints Catholic Church would hold their annual celebration and invited everyone to attend. Council Member Moss expressed appreciation to the Health Department and everyone that was involved in the very successful African-American Health Fair held April 26, 2003, at the Tarrant County College South Campus. Several Council Members expressed concerns relative to trash collection services. The general consensus was that problems with collection services centered on the implementation of services and educating residents of Fort Worth, especially regarding bulky waste. It was noted that these were temporary problems that could be resolved and that the revenue generated would be of great benefit to the city while reducing the costs for the residents. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 2 of 14 Council Member Lane expressed appreciation to staff and Waste Management for all their efforts. He commended Mayor Barr for his leadership and addressing the problem through his press conference this morning before the Council meeting. Council Member Lane announced that a Forts Muster reenactment would be performed at the Stockyards this Friday throughout the weekend and invited everyone to attend. Council Member Wentworth announced that Mayfest would begin Thursday, May 1, 2003, and would go through Sunday, and stated that not only would the residents of Fort Worth be in attendance, but individuals from all over. He expressed appreciation to the Junior League, Streams and Valley and City staff for putting on this grand event. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. C-19556 be withdrawn from the consent agenda. Continued/ Mayor Barr requested that Mayor and Council Communication No. Withdrawn By G-13958 be continued until after the Executive Session. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. CP #225 There was presented Council Proposal No. 225 requesting that the Ord. #15533 City Council adopt Ordinance No. 15533 amending the applicable Martin Van sections of the Building, Electrical, Mechanical, Plumbing, Wolfswinkle — Residential and Sign Codes of the Fort Worth City Code to provide Building Fees an appeal process to the City Council concerning the investigation fees for work performed without a permit. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. OCS-1346 There was presented Mayor and Council Communication No. OCS- Claims 1346 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 3 of 14 G-13957 There was presented Mayor and Council Communication No. G- Community 13957, dated April 22, 2003, from the City Manager recommending Facilities that the City Council authorize the City Manager to execute a Agreement with Community Facilities Agreement with Fort Worth County Day Fort Worth School for the installation of community facilities for Country Day Country Day School located at Bryant Irvin Road and Country Day Lane (Block School AR-1 R, Country Day Park). Council Member Silcox made a motion, seconded by Council Member Haskin, that the recommendation be adopted. Council Member Davis disclosed that her daughter was a student at Fort Worth Country Day School, however she had been advised that this did not constitute a conflict of interest . The motion carried unanimously. G-13958 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-13958, Authorization for the City to File a After Executive Lawsuit Against Mona Castle Pursuant to Chapter 54 of the Texas Session Local Government Code, be continued until after Executive Session. G-13959 There was presented Mayor and Council Communication No. G- Ord. #15534 13959 from the City Manager recommending that the City Council Amend Section adopt Ordinance No. 15534 amending City Code Section 15-41 of 15-41, Article II, Article II, "Gas Drilling and Production" of Chapter 15, "Gas" to of City Code, allow blanket bonds for multiple drilling and producing wells and "Gas Drilling to add additional requirements for letters of credit. and Production" Sarah Fullenwider, Assistant City Attorney, appeared before Council and clarified the ordinance amendments distributed to Council at the Pre-Council meeting. The amendments were as follows: DIVISION V. SEC. 15-41 a. Paragraph B1 b, revise third sentence through remainder of paragraph: "If the Letter of Credit is for a time period less than the life of the well as required by this Ordinance, the Operator must agree to either renew the Letter of Credit or replace the Letter of Credit with a bond in the amount required by this Ordinance, on or before 45 days prior to the expiration date of the Letter of Credit. If the Operator fails to deliver to the City of Fort Worth either the renewal Letter of CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 4 of 14 Credit or replacement bond in the appropriate amount on or before 45 days prior to the expiration date of the Letter of Credit, the City of Fort Worth may draw the entire face amount of the attached Letter of Credit to be held by the City of Fort Worth as security for Operator's performance of its obligations under this Ordinance." b. Paragraph B1c, replace second paragraph: "An operator drilling or reworking between one and five wells at any given time, may elect to provide a blanket bond or letter of credit, in the principal minimum amount of One Hundred Fifty Thousand Dollars ($150,000). If the operator drills or reworks more than five wells at a time, the blanket bond or letter of credit shall be increased in increments of $50,000 per each additional well. Once the wells are in the producing stage and all drilling operations have ceased, the Operator may elect to provide a blanket bond or letter of credit for the remainder of the time the well produces, without reworking, as follows: Number of Producing Wells Blanket Bond/Letter of Credit Amount Required Up to 75 wells $100,000 75 to 100 wells $150,000 More than 150 wells $200,000 Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted, as amended. The motion carried unanimously. Council Member Lane excused himself from the table at this time. G-13960 There was presented Mayor and Council Communication No. G- Ord. # 15535 13960 from the City Manager recommending that the City Council FY2002 Year authorize the transfer of $420,168.00 from the Insurance Fund to End Budget the General Fund in the amount of $368,021.00 and to the Crime Adjustments Control and Prevention District Fund in the amount of $52,147.00; and adopt Supplemental Appropriation Ordinance No. 15535 increasing estimated receipts and appropriations in the General Fund by $1,814,188.00 and decreasing the unreserved, undesignated General Fund balance by $1,814,188.00 for the purpose of funding Fiscal Year 2002 year end budget adjustments. Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 5 of 14 In response to Council Member Picht's inquiry, Interim Assistant City Manager Bridgette Garrett informed Council that the transfer was for the proposed settlement of the lawsuit regarding vacation time for police officers. Funds for the settlement were paid from the Operating Budget because it required payments for benefits. The transfer was made from the General Fund and Crime Control and Prevention District Fund because the salaries for some of the officers are paid from these funds. The motion carried unanimously. P-9788 There was presented Mayor and Council Communication No. P- Temporary 9788 from the City Manager recommending that the City Council Labor Services authorize the City Manager to amend a purchase agreement with Nine One One Personnel, Inc. for temporary labor services for the Environmental Management Department for solid waste collection services; and authorize the agreement to begin April 4, 2003, and expire July 15, 2003, in an amount not to exceed $30,000.00 with payment due 30 days after the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9789 There was presented Mayor and Council Communication No. P- Holmatro 9789 from the City Manager recommending that the City Council Rescue Tools authorize the sole source purchase of Holmatro Rescue Tools and and Bullard Bullard Thermal Imagers for the Fire Department from the Thermal Imagers documented sole source vendors listed below at a total cost not to exceed $70,160.00, with payment due within 30 days of the date of the invoice: Unit Price Total Metro Fire Apparatus 2 each Holmatro Rescue Tools $18,098.00 $36,196.00 Municipal Emergency Service 2 each Bullard Thermal Imagers $16,982.00 $33,964.00 TOTAL $70,160.00 It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 6 of 14 L-13546 There was presented Mayor and Council Communication No. L- Purchase Right- 13546 from the City Manager recommending that the City Council of-Way for authorize the City Manager to approve the purchase of property Improvement of located on Old Denton Road east of IH35W, near the existing right- North Tarrant of-way of North Tarrant Parkway (Project No. 0902-48-194) from Parkway, IH35W KB-Arcadia Development for the highway improvement of North to US377 Tarrant Parkway from IH35W to US377 (DOE 3577), for a total cost of $131,800.00. It was the consensus of the City Council that the recommendation be adopted. L-13547 There was presented Mayor and Council Communication No. L- Amend Lease 13547 from the City Manager recommending that the City Council With Fort Worth authorize the City Manager to amend the lease with the Fort Worth Museum of Museum of Science and History Corporation to expand the leased Science and premises located at 1501 Montgomery Street. Council Member History Corp. to Haskin made a motion, seconded by Council Member Moss, that Expand Leased the recommendation be adopted. The motion carried unanimously. Premises PZ-2477 There was presented Mayor and Council Communication No. PZ- Establish 2477 from the City Manager recommending that the City Council Timetable for approve the annexation timetable for the proposed voluntary Voluntary annexation of approximately 31.897 acres of land situated in the R. Annexation of R. Ramey Survey, Abstract No. 1341, being a portion of that tract of 31.897 Acres in land described to A.B. Cook and wife Frances Cook; a portion of R. R. Ramey that tract of land described by deed to Jake Cook; and a portion of Survey that tract of land described by deed to Jake C. Cook, Et Al., located AX-03-0002 east of Cooks Lane, South of Meadowbrook Drive, and North and West of Dottie Lynn Parkway bordering the City of Arlington, Tarrant County, Texas (Annexation Case No. AX-03-0002) in compliance with the requirements of Chapter 43 of the Texas Local Government Code; and direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. It was the consensus of the City Council that the recommendation be adopted. C-19529 There was presented Mayor and Council Communication No. C- United Riverside 19529, dated April 1, 2003, from the City Manager recommending Rebuilding that the City Council authorize the City Manager to renew City Corporation Secretary Contact No. 26549, executed on February 9, 2001, with United Riverside Rebuilding Corporation (URRC); and approve the reallocation of $8,754.09 in URRC 1990, 1997 Community Development Block Grant funds from "Street Signs" and "Lot Acquisition" to "Economic Development"; and authorize the CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 7 of 14 contract performance for a period up to 12 months beginning on the date of contract execution; and authorize the City Manager to extend or renew the contract, if the URRC requests an extension or renewal; and authorize the City Manager to amend the contract, if necessary to achieve project goals, provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19556 There was presented Mayor and Council Communication No. C- Ability 19556 from the City Manager recommending that the City Council: Resources, Inc. 1. Authorize the City Manager to execute a contract and an ancillary loan document, not to exceed a total of $102,000.00 in the Fiscal Year 2002 HOME-CHDO Program funds, with Ability Resources, Inc. (ARI) to provide a loan for preliminary development activities and to acquire the vacant land located at 7822-7841 Albert Avenue for multi- family apartment community for people with disabilities; and 2. Authorize the contract performance period to begin on the date of the contract execution an end upon the date of loan repayment. The loan is to be repaid to the City by ARI within thirty days of release of grant funds to ARI from the U.S. Department of Housing and Urban Development under the Section 811, Capital Advance Grant; and 3. Authorize the City Manager to modify loan terms and loan amount, as long as the loan amount does not exceed the total amount authorized by the City Council, if ARI requests such modification; and 4. Authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. Jesse Seawell Mr. Jesse Seawell, 6400 Stone Creek Canyon Court, appeared before Council in support of this issue and stated that this would provide needed housing for people with disabilities in Fort Worth. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. C- 19556 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 8 of 14 Council Member Lane assumed his chair at this time. C-19557 There was presented Mayor and Council Communication No. C- Durable 19557 from the City Manager recommending that the City Council Specialties, Inc. authorize the City Manager to execute a contract with Durable Specialties, Inc. in the amount of $126,500.00 for the construction of three new traffic signals at the intersections of Alta Vista Road/Golden Triangle Boulevard, Blue Mound Road (FM 156)/Bureau of Engraving entrance and printing facility, and Bryant Irvin Boulevard/Oakbend Trail. It was the consensus of the City Council that the recommendation be adopted. C-19558 There was presented Mayor and Council Communication No. C- Ord. #15536 19558 from the City Manager recommending that the City Council Omega authorize the transfer of $1,019,247.69 from the Water and Sewer Contracting, Inc. Operating Fund to the Water Capital Project Fund in the amount of $465,753.69 and the Sewer Capital Project Fund in the amount of $553,494.00; and adopt Appropriation Ordinance No. 15536 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $465,753.69 and the Sewer Capital Project Fund in the amount of $553,494.00 from available funds for the purpose of funding a contract with Omega Contracting, Inc. for Water and Sanitary Sewer Replacement Contract 2001 STM-L; and authorize the City Manager to execute a contract with Omega Contracting, Inc. in the amount of $909,247.69 for Water and Sanitary Sewer Replacement Contract 2001 STM-L. It was the consensus of the City Council that the recommendation be adopted. C-19559 There was presented Mayor and Council Communication No. C- Ord. #15537 19559 from the City Manager recommending that the City Council AUI Contractors, authorize the transfer of $882,201.30 from the Water and Sewer L.P. Operating Fund to the Commercial Paper Water Fund in the amount of $403,520.70 and the Commercial Paper Sewer Fund in the amount of $478,680.60; and adopt Appropriation Ordinance No. 15537 increasing estimated receipts and appropriations in the Commercial Paper Water Fund in the amount of $403,520.70 and the Commercial Paper Sewer Fund in the amount of $478,680.60 from available funds for the purpose of funding a contract with AUI Contractors, L.P. for water and sanitary sewer line relocations for the BU 287 Highway reconstruction project; and authorize the City Manager to execute a contract with AUI Contractors, L.P. in the amount of $787,001.30 for water and sanitary sewer line relocations for the BU287P highway reconstruction project. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 9 of 14 C-19560 There was presented Mayor and Council Communication No. C- Ord. #15538 19560 from the City Manager recommending that the City Council APM and authorize the transfer of $131,515.00 from the Water and Sewer Associates, Inc. Operating Fund to the Water Capital Project Fund in the amount of $95,665.95, and the Sewer Capital Project Fund in the amount of $35,849.05; and adopt Appropriation Ordinance No. 15538 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $95,665.95 and the Sewer Capital Project Fund in the amount of $35,849.05 from available funds for the purpose of funding Water and Sanitary Sewer Replacement Contract 2002 STM-N with APM and Associates, Inc.; and authorize the City Manager to execute and engineering agreement with APM and Associates, Inc. in the amount of $123,515.00 for Water and Sanitary Sewer Replacement Contract 2002 STM-N. It was the consensus of the City Council that the recommendation be adopted. C-19561 There was presented Mayor and Council Communication No. C- Lone Star 19561 from the City Manager recommending that the City Council Energy Services, authorize the City Manager to execute Amendment No. 2 to City Inc. Secretary Contract No. 26457 with Lone Star Energy Services, Inc. for management of air quality permits for the Village Creek Wastewater Treatment Plant in an amount not to exceed $106,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19562 There was presented Mayor and Council Communication No. C- City of Aledo 19562 from the City Manager recommending that the City Council authorize the City Manager to execute a uniform wholesale water contract for water service between Fort Worth and Aledo. It was the consensus of the City Council that the recommendation be adopted. C-19563 There was presented Mayor and Council Communication No. C- Benbrook Water 19563 from the City Manager recommending that the City Council and Sewer authorize the City Manager to execute Amendment No. 3 to the Authority wastewater contract with Benbrook Water and Sewer Authority providing for the construction of an additional wholesale wastewater meter connection to the Fort Worth system. It was the consensus of the City Council that the recommendation be adopted. C-19564 There was presented Mayor and Council Communication No. C- Carter & 19564 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering agreement CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 10 of 14 with Carter & Burgess, Inc. in the amount of $339,873.50 for the East 7t" Street Deep Tunnel Sewer. It was the consensus of the City Council that the recommendation be adopted. C-19565 There was presented Mayor and Council Communication No. C- The Ranches 19565 from the City Manager recommending that the City Council North II, Ltd. authorize the City Manager to execute a Community Facilities Agreement with The Ranches North II, Ltd. For the installation of community facilities for Lost Creek Ranch North, Phase 3. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19566 There was presented Mayor and Council Communication No. C- Economic 19566 from the City Manager recommending that the City Council Development authorize the City Manager to execute an Economic Development Agreement for Agreement for Walsh Ranch. Council Member Silcox made a Walsh Ranch motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. City Manager Jackson congratulated Mr. Malcolm Louden for all the hard he had devoted to this project over the past year. He added that this would be the most significant growth development in Fort Worth and that he appreciated working him. Mayor Barr commended the efforts of City Manager Jackson, Assistant City Manager Reid Rector, Economic Development Director Tom Higgins, and Water Department Director Dale Fisseler for all their hard work on this development. Malcolm Louden Mr. Malcolm Louden, 500 West Seventh Street. Suite 1007, Unit 27, representing Walsh Ranch Limited Partnership, appeared before Council and expressed appreciation to Mr. Jackson and Deputy City Attorney Marcella Olson for their hard work. Public Hearing It appeared that the City Council set today as the date for the Proposed second public hearing for the proposed voluntary annexation of Voluntary approximately 801 acres of land located north of Avondale Haslet Annexation of Road, east of Sendera Ranch, south of John Day Road, and west of 801 Acres FM156 (Case No. AX-03-0001). Mayor Barr asked if there was Located North of anyone desiring to be heard. Avondale Haslet Road, East of Ms. Cathy Davidson, representing the Development Department, Sendera Ranch, appeared before Council, presented a staff report and advised South of John Council that staff should be directed to prepare an annexation Day Road, and ordinance to be adopted at the May 20, 2003 Council meeting. West of FM 156 AX-03-0001 CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 11 of 14 There being no one present desiring to be heard in connection with the proposed voluntary annexation of approximately 801 acres of land located north of Avondale Haslet Road, east of Sendera Ranch, south of John Day Road, and west of FM156 (Case No. AX- 03-0001), Council Member Wentworth made a motion, seconded by Council Member Davis, that the second public hearing be closed and that staff prepare an annexation ordinance to be presented at the May 20, 2003 Council meeting. The motion carried unanimously. ZC-03-082 It appeared that the City Council, at its meeting of April 8, 2003, set Approved a special hearing of the application of Beechwood Business Park Joint Venture, for a change in zoning of property located at West I- 35W and South of SH-114 (West of Elizabethtown Cemetery Road and East of Championship Parkway), from "K" Heavy Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-03-082 (See Letter of Appeal). Mayor Barr asked if there was anyone present desiring to be heard. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, appeared before Council in support of the zoning change. He requested that the application be amended to a "PD" Planned Development be added to the "MU-2" zoning to prevent the possibility of developing the subject property as single-family detached development and that the site plan be waived. He added that his client was tendering a noise easement to the City of Fort Worth that specifically excluded detached single-family residences on this property. Council Member Lane stated that individuals who had expressed concerns had met with the developer and addressed those issues. Tom Krampitz Mr. Tom Krampitz, P. O. Box 500, General Counsel for Texas Motor Speedway, appeared before Council in support of the zoning change. There being no one else present desiring to be heard in connection with the application of Beechwood Business Park Joint Venture, Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-082 be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 12 of 14 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15539 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Citizen Ms. Brenda Scruggs, 8132 Hosta Way, appeared before Council Presentations and addressed issues relative to alleged criminal probes and Brenda Scruggs helicopters flying over her residence. Council Member Picht responded to the helicopter activity and stated that this was a security measure to protect the many construction sites in the area. Executive It was the consensus of the City Council that they recess to Session complete the Pre-Council agenda and then into Executive Session at 11:14 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, as authorized by Section 551.071 of the Texas Government Code: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 13 of 14 a) City of Fort Worth v. Doris Fenner, Individually and as Independent Executrix of the Estate of Ernest D. Fenner, Cause No. 2002-0878-2; b) Clear Channel Outdoors, Inc. v Board of Adjustment, Case No. 141-196519-02; c) In re: Scott Russell Davidson, d/b/a Antique Exchange, Cause No. 498-42080-BJH-11; d) Legal issues concerning L.G.C. Chapter 54 litigation against Mona Castle; e) Legal issues concerning H.J.R. 54 and related proposed legislation regarding municipal retirement funds; f) Legal issues concerning workers compensation claims; g) Legal issues concerning any City Council agenda item; and 2. Discuss the purchase, sale, 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; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:52 p.m., with Mayor Pro tempore McCloud presiding. G-13958 There was presented Mayor and Council Communication No. G- Res. #2939 13958 from the City Manager recommending that the City Council File Lawsuit authorize the City Attorney to file a lawsuit pursuant to Chapter 54 Against Mona of the Texas Local Government Code against Mona Castle, the Castle — 3715 owner of the property located at 3715 Avenue M, Fort Worth, Texas. Avenue M The property is substandard and a hazard to the health, safety and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 29, 2003 PAGE 14 of 14 welfare of the public. In addition, the property is a substantial danger of injury and an adverse impact to the property owner and the public; and adopt Resolution No. 2939 authorizing such suit. Council Member Moss made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 12:53 p.m. CITY SEqqETARY MAYOR