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HomeMy WebLinkAbout2003/04/15-Minutes-City Council CITY COUNCIL MEETING APRIL 15, 2003 Date & Time On the 15th day of April, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:15 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; 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 Mike Marshall, First United Methodist Church of Fort Worth. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Moss, seconded by Council Member Haskin, the minutes of the regular meeting of April 8, 2003, were approved unanimously. Special Council Member Haskin presented a Proclamation for Child Abuse Presentations Prevention Month. Mr. Joel Glenn, Vice President and Director of Security for Bass Companies introduced the Safe City Art Contest winners. Ms. Becky Renfro, Chair, Fort Worth Sister Cities Trier Committee introduced delegates from Trier, Germany participating in the Youth Ambassador Exchange. Council Member Picht presented each of the students with a City pin and a delegate chaperone presented a gift to the Council. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. L-13541 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. L-13541 be withdrawn. Staff Consent Agenda On motion of Council Member Haskin, seconded by Mayor Pro tempore McCloud, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 2 of 14 Res. #2935 There was presented Council Proposal No. 224, dated April 8, 2003, CP #224— requesting that the City Council adopt Resolution No. 2935 to Display of USAF support the display of a USAF B-36J at Naval Air Station (NAS), B-36J at NAS, Fort Worth, Joint Reserve Base (JRB). Fort Worth, JRB William Guy Brigadier General (Ret.) William M. Guy, 10232 Creek Hollow Lane, representing the B-36 Peacemaker Museum, Inc., appeared before Council in support of the resolution. Council Member Picht stated that the aircraft needed to be preserved and encouraged his colleagues on Council to support the resolution. Council Member Silcox concurred with Mr. Picht's comments and stated that the aircraft was a part of Fort Worth history that needed to be preserved in Fort Worth. He also encouraged Council's support of the resolution. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. OCS-1343 There was presented Mayor and Council Communication No. OCS- Claims 1343 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. OCS-1344 There was presented Mayor and Council Communication No. OCS- Res. #2936 1344 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2936 setting the regular zoning Zoning Hearing hearing for May 13, 2003. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council, at its meeting of April 1, 2003, continued the public hearing for the 2003-2005 Consolidated Grant Application for submission to the U.S. Department of Housing and Urban Development. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 3 of 14 Ms. Deidra Emerson, Contract Compliance Supervisor, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13934, as follows: G-13934 There was presented Mayor and Council Communication No. G- Ord. #15519 13934, dated April 1, 2003, from the City Manager recommending 2003-2005 that the City Council: Consolidated Plan 1. Approve the City's Consolidated Plan Grant Application for submission to the U.S. Department of Housing and Urban Development; and 2. Authorize the use of $500,000.00 in estimated program income from the interest earned and Revolving Loan Fund; and 3. Adopt Appropriation Ordinance No. 15519 increasing estimated receipt and appropriations in the Grants Fund in the amount of $12,960,801.00 subject to receipt of grants from the U.S. Department of Housing and Urban Development, for the purpose of funding the 2003-2005 Consolidated Plan; and 4. Apply indirect cost rates, as applicable, for the Grants Fund. Jesse Aguilera Mr. Jesse Aguilera, 2112 Daisy Lane, appeared before Council in opposition of the reduction of funds for the Fort Worth SER program. He requested that Council consider restoring funding to the 90 percent level. Council Member Davis stated that she would like to meet with a SER representative to hear plans for outreach programs for the Southside of the city. Council Member Moss stated that the SER program needed to be a component of the City's tax abatement policy. Ms. Emerson stated that the $13,375.00 needed to restore the program to the 90 percent level would come from unprogrammed funds. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 4 of 14 There being no one else present desiring to be heard in connection with a public hearing for the 2003-2005 Consolidated Grant Application for submission to the U.S. Department of Housing and Urban Development, Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. G-13934 be adopted, as amended, restoring the funding for Fort Worth Ser to 90 percent. The motion carried unanimously. G-13940 There was presented Mayor and Council Communication No. G- Ord. #15520 13940 from the City Manager recommending that the City Council: Payment to Steering 1. Adopt Supplemental Appropriation Ordinance No. 15520 Committee of increasing appropriations in the General Fund by TXU Electric $54,039.10 and decreasing the Unreserved, Designated Service Area Fund balance by $54,039.10 for the purpose of funding Cities participation in current dockets and rate cases at the Texas Public Utility Commission; and 2. Authorize the City Manager to pay the Steering Committee of TXU Electric Service Area Cities the sum of $54,039.10 to fund participation in current and upcoming dockets and rulemakings at the Texas Public Utilities Commission. It was the consensus of the City Council that the recommendation be adopted. G-13941 There was presented Mayor and Council Communication No. G- Ord. #15521 13941 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15521 adopted by the City Council of the City 4 & 5 of Code of of Fort Worth, Texas, pursuant to V.T.C.A., Transportation Code, Rules & Chapter 22, Subchapter D, approving Resolution No. 2003-03-86 Regulations of and Resolution No. 2003-03-116 of the Dallas-Fort Worth (D/FW) D/FW Airport International Airport Board which amend Chapters 4 and 5 of the Board Dallas-Fort Worth International Airport Board Code of Rules and Regulations; providing for a fine not to exceed $500.00 per day for any violation thereof. It was the consensus of the City Council that the recommendation be adopted. G-13942 There was presented Mayor and Council Communication No. G- Extension of 13942 from the City Manager recommending that the City Council Injury Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer Linda M. Romero. It was the consensus of the City Benefits for Council that the recommendation be adopted. Officer Linda M. Romero CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 5 of 14 G-13943 There was presented Mayor and Council Communication No. G- Construction of 13943 from the City Manager recommending that the City Council Granbury Rd., authorize an increase in the amount of $55,944.91 for the Wabash Ave., construction of the Granbury Road, Wabash Avenue, Trail Lake Trail Lake Dr. & Drive and Seminary Road intersection improvement project by the Seminary Rd. Texas Department of Transportation. It was the consensus of the Intersection City Council that the recommendation be adopted. Improvements G-13944 There was presented Mayor and Council Communication No. G- Amend Financial 13944 from the City Manager recommending that the City Council Management amend the City's Financial Management Policy Statements to Policy provide that the proceeds from the sale of real property assets be Statements designated not only for the demolition of substandard and condemned buildings, but also for maintenance of tax foreclosed properties the City maintains as trustee. City Attorney Yett informed Council that staff had offered amendments to the M&C and requested that Mr. Carl Smart, Code Compliance Director, present the amendments to Council. Mr. Smart stated that the proposed amendment would affect paragraph 3 in the Discussion section of the M&C as follows: 1. First sentence: Delete "...collected" and replace with "...deducted from proceeds of sale... 2. Second sentence: Delete in its entirety. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be adopted, as amended. The motion carried unanimously. G-13945 There was presented Mayor and Council Communication No. G- 2003 Federal 13945 from the City Manager recommending that the City Council: Legislative Program 1. Adopt the 2003 Federal Legislative Program as outlined in the report; and 2. Authorize and direct the City Manager to distribute copies of the City's Federal Legislative Program to members of Congress, to other cities, and to other interested individuals; and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 6 of 14 3. Authorize and direct appropriate City officials to send letters of support or to meet with federal officials to discuss the City's position on the federal initiatives as outlined in the program; and 4. Authorize and direct the City's Washington D.C. consultant, in consultation with the City Manager, to take the appropriate actions to advance the 2003 Federal Legislative Program before Congress, the Administration, and the Federal Agencies. Council Member Haskin expressed concern with the cost of the railroad study as there was no partnership with the railroad reflected. She added that the City should have a commitment from the railroad relative to the City supporting legislation and securing funding for a railroad safety program and tower 55. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None P-9782 There was presented Mayor and Council Communication No. P- Steel Rebar 9782 from the City Manager recommending that the City Council authorize a purchase agreement for steel rebar for the City of Fort Worth with Barnsco, Inc. based on the low bid of unit prices, shipping cost included to receiving point with payments due 30 days from the date of the invoice, and authorize this agreement to begin April 15, 2003, and expire April 14, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9783 There was presented Mayor and Council Communication No. P- Ord. #15522 9783 from the City Manager recommending that the City Council Fire authorize the purchase of a new fire rehabilitation truck from Fort Rehabilitation Worth Freightliner for the Fire Department at a cost not to exceed Truck $138,371.00 with payment due within 10 days of the date of the invoice and freight included in the unit price; and adopt CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 7 of 14 Appropriation Ordinance No. 15522 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $138,371.00 to be obtained through the City's Equipment Note Program approved on February 9, 1999 (M&C G-12462) by Ordinance No. 13701 for the purpose of funding a fire rehabilitation truck from Fort Worth Freightliner for the Fire Department. It was the consensus of the City Council that the recommendation be adopted. P-9784 There was presented Mayor and Council Communication No. P- Maintenance, 9784 from the City Manager recommending that the City Council Repair & authorize a purchase agreement for maintenance, repair and Replacement of replacement of fuel and lubrication equipment with Stovall Fuel & Petroleum & Equipment for the Equipment Services Department. Lubrication Prices will be based on the overall low bid of manufacturer's list Equipment prices less the quoted discounts for parts or components and hourly charge for labor as listed within the bid tabulation. Payment is due 30 days from the date the invoice is received. The City takes ownership at the City's facilities, and freight is not charged; and authorize the agreement to begin April 25, 2003, and expire April 24, 2004, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9785 There was presented Mayor and Council Communication No. P- Auto Chemistry 9785 from the City Manager recommending that the City Council Analyzer authorize the sole source purchase of an Auto Chemistry Analyzer with Sampler from Bran-Luebbe for the Water Department, for an amount not to exceed $47,465.00. This cost includes a $3,000.00 trade-in and removal of the existing equipment. The shipping cost will be prepaid and added to the invoice with payments due 30 days after the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9786 There was presented Mayor and Council Communication No. P- Reject Bids & 9786 from the City Manager recommending that the City Council Authorize New authorize the rejection of bids received for the demolition of Bids for Four properties located at 4025 Marina Drive, 7547 Jacksboro Highway, Properties 1776 East Berry Street, and 5318 Ramey Avenue for the Code Compliance Department due to a revision of insurance requirements, which will affect the prices bid; and authorize the reissue of a new Invitation to Bid. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 8 of 14 L-13536 There was presented Mayor and Council Communication No. L- Permanent 13536 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement described as a portion of the Antonio Castillo Survey, Abstract No. 272, from Irvin E. Frank, Trustee, and Daniel H. Zeligson, Trustee, for property located west of South Hulen Street and south of Risinger Road (DOE 3843) necessary for the removal, construction, operation, maintenance, and repair of drainage facilities to serve the Summer Creek Ranch development for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13537 There was presented Mayor and Council Communication No. L- Public Utility 13537 from the City Manager recommending that the City Council Easement approve the acceptance of one public utility easement described as a portion of the C.C. Whyte Survey, Abstract No. 1611, from JDI Investors, L.P. for property located west of the North Beach Street and Shiver Road intersection to serve the Arcadia Park Development (DOE 3853) necessary for the installation, repair, replacement, construction, maintenance and operation of public utilities to serve the Arcadia Park Phase 4, Section 2 development for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13538 There was presented Mayor and Council Communication No. L- Public Utility 13538 from the City Manager recommending that the City Council Easements approve the acceptance of five public utility easements described as Lot 1, Block 1, Ironwood Crossing, Richard Morris Survey, Abstract No. 1036, from Ironwood Ranch Townhomes, Ltd. Partnership and a portion of Richard Morris Survey, Abstract No. 1036 from TRBP, Ltd. and Ironwood Ranch Townhomes, Ltd. Partnership, respectively, for properties located south of Western Center Boulevard and east of the Mark IV Parkway (DOE 3942) necessary for the installation, repair, replacement, construction, maintenance and operation of water lines, drainage improvements and other utilities to serve the Ironwood Crossing development for a total cost of $5.00. It was the consensus of the City Council that the recommendation be adopted. L-13539 There was presented Mayor and Council Communication No. L- Purchase 13539 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lot 3, Block 1, Future Lakeland Addition located at 8612 Marks Lane for future Development of development of the Nature Center for a total cost of $134,500.00; Nature Center and authorize the City Manager to execute the appropriate closing CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 9 of 14 documents, and allow the Engineering Department, Real Property Services Division to file the deed in the City's name. It was the consensus of the City Council that the recommendation be adopted. L-13540 There was presented Mayor and Council Communication No. L- Sale of Excess 13540 from the City Manager recommending that the City Council Right-of-Way authorize the City Manager to execute a warranty deed to Seefried Properties, Inc. for a 0.17 acre tract of land out of the P. R. Splane Survey, adjacent to Trinity Boulevard for the sum of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13541 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13541, Cancellation of the Lake Worth Lease with Lessee J. A. Wilson for City-Owned Property Located at 7656 Vinca Circle (Lot 9, Block 7, Lake Worth Lease Survey), be withdrawn. C-19545 There was presented Mayor and Council Communication No. C- Cleburne Utility 19545 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Cleburne Inc. Utility Construction, Inc. to complete the work necessary to finish the water and sewer replacements at White Settlement Road from University Drive to Westview Avenue. It was the consensus of the City Council that the recommendation be adopted. C-19546 There was presented Mayor and Council Communication No. C- Ord. #15523 19546 from the City Manager recommending that the City Council: Amend CSC #28060 - Texas 1. Authorize the City Manager to execute an amendment to City Commission on Secretary Contract No. 28060 with the Texas Commission on Environmental Environmental Quality for the operation of local air pollution Quality monitors at nine sites. The amendment amount is $101,000.00, which increases the contract amount from $104,000.00 to $205,000.00; and 2. Adopt Appropriation Ordinance No. 15523 increasing estimated receipts and appropriations in the Grants Fund in the amount of $101,000.00, subject to receipt of an executed contract amendment, for the purpose of funding the operation of local air pollution monitors at nine sites. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 10 of 14 C-19547 There was presented Mayor and Council Communication No. C- Ord. #15524 19547 from the City Manager recommending that the City Council: Amendment #2 — Kimley-Horn & 1. Authorize the transfer of $463,600.00 from the Water and Associates, Inc. Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15524 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $463,600.00 from available funds, for the purpose of funding Amendment No. 2 with Kimley-Horn and Associates, Inc. for water distribution system improvements in the Medical District; and 3. Authorize the City Manager to execute Amendment No. 2 with Kimley-Horn and Associates, Inc. in the amount of $453,600.00 for water distribution system improvements in the Medical District, thereby increasing the total contract amount from $488,600.00 to $942,200.00. It was the consensus of the City Council that the recommendation be adopted. C-19548 There was presented Mayor and Council Communication No. C- Conatser 19548 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract for the Inc. & AUI construction of the Medical District Water Distribution System Contractors, L.P. Improvements, Phase One, Units One and Two with the following contractors: Conatser $1, 245,134.00 Unit One Construction, Inc. AUI Contractors, L.P. $1,284,432.25 Unit Two It was the consensus of the City Council that the recommendation be adopted. C-19549 There was presented Mayor and Council Communication No. C- FW Parks & 19549 from the City Manager recommending that the City Council Community authorize the City Manager to enter into a five-year contract with Services Sports the Fort Worth Parks and Community Services Sports Advisory Advisory Council, Inc. to operate concessions at designated Parks and Council, Inc. Community Services Department facilities. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 11 of 14 Public Hearing It appeared that the City Council, at its meeting of April 8, 2003, continued the second public hearing for the proposed adoption and amendment of the Minority and Women Business Enterprise Ordinance. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Sundra Davis, Minority/Women Business Enterprise (M/WBE) Manager, appeared before Council, gave a staff report and stated that after any presentations, Council's action should be to close the public hearing and direct staff to prepare an M&C for Council consideration April 22, 2003. Marilou Ms. Marilou Martinez-Stevens, M/WBE Advisory Committee Chair, Martinez- and Hispanic Chamber Chair, appeared before Council in support Stevens of the proposed ordinance. She outlined recommendations to further strengthen the M/WBE ordinance and assist the City in using available minority and women enterprises through increased business opportunities. The following individuals appeared before Council in support of the proposed ordinance: Denise Botello, Ms. Denise Botello 1327 N. Main DeVoyd Fort Worth Hispanic Chamber of Commerce Jennings, Mr. DeVoyd Jennings 1150 S. Freeway Edward Briscoe, Fort Worth Black Chamber of Commerce Jr. Mr. Edward Briscoe, Jr. 2240 Briardale Road Fort Worth Minority Contractors Association Jack Baxley Mr. Jack Baxley, 417 Fulton, appeared before Council in support of the proposed ordinance, but expressed concerns relative to payment issues, 10-day turnaround for contractor and 5-day turnaround requirement relative to subcontractor, listing of subcontractors, false insurance certificates, and joint venture process. City Manager Jackson stated that staff would evaluate Mr. Baxley's concerns and provide a response to Council next week. He requested Mr. Baxley provide him with alternate language he would like to see included on the proposed ordinance. There being no one else present desiring to be heard in connection with the second public hearing for the proposed adoption and amendment of the Minority and Women Business Enterprise CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 12 of 14 Ordinance, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing be closed and that staff prepare an M&C for Council consideration at the April 22, 2003 Council meeting. The motion carried unanimously. ZC-03-039 It appeared that the City Council, at its meeting of April 8, 2003, SP-03-009 continued the hearing of the application of Legacy Capital Partners Approved for a change in zoning of property located in the 7500 block of Oak Bend Trail (Southwest Quad of Bryant Irvin Road and Oak Bend Trail) from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Intensive Commercial plus outside storage for a landscape supply company, with monument signs only, Zoning Docket No. ZC-03-039 and Site Plan No. SP-03-009. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Legacy Capital Partners, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-039 and Site Plan No. SP-03-009 be approved with the following amendments: 1. That the sign on the southeast corner of the development be no taller than the sign of the Frost Bank located across the street. 2. Exit signs on Bryant-Irvin Road reflect that trucks can only turn right. The motion carried unanimously. ZC-03-076 It appeared that the City Council, at its meeting of April 8, 2003, Denied Without continued the hearing of the application of the City of Fort Worth Prejudice for a change in zoning of property located at 357 Exeter Street from "J" Medium Industrial to "I" Light Industrial, Zoning Docket No. ZC- 03-076. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03- 076 be denied without prejudice to allow staff to contact the owners of the neighboring property. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 13 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, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15525 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. Recessed Mayor Barr recessed the City Council meeting at 11:45 a.m. to complete the Pre-Council agenda item relative to the Walsh Ranch Development. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:45 p.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: a) Legal issues concerning gas drilling; b) Board of Adjustment v. Clear Channel Outdoor Appeal, Cause No. 141-196519-02; CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 2003 PAGE 14 of 14 c) La Parrillada, Inc. v. City of Fort Worth, Cause No. 17- 198207-03; d) LaCresha Neal, Jarman Smith, and Damron Hobdy, Individually and as Representative of the Estate of Janet Neal v. City of Fort Worthy, Cause No. 342- 192029-02; e) Legal issues concerning any City Council agenda item; 2. Deliberate 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 1:50 p.m. Adjournment There being no further business, the meeting was adjourned at 1:50 P.M. k I CITY S CRETARY MAYOR