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HomeMy WebLinkAbout2002/07/16-Minutes-City Council CITY COUNCIL MEETING JULY 16, 2002 Date & Time On the 16th day of July, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:08 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 Father Esteban Jasso, All Saints Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of July 9, 2002, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Presentations WestRidge Boys and Girls Youth on the Move. Mr. Mack Robertson, President, Fort Worth Rugby Club, presented a plaque to David Parise, representing the Parks and Community Services Athletic Division, for their timely repair of rugby fields at area parks. Council Member Lane presented a People to People Peace Proclamation to Jane Schlansker, President-Elect of Fort Worth Sister Cities International. Ms. Schlansker expressed appreciation to the Council for the proclamation and for their support of the conference. She introduced participants of the People to People Peace Conference, International Leadership Academy Program, Nagaoka Harashin Scholars. Ms. Lorie Hicks, Artistic Director of Kids Who Care, introduced foreign exchange students participating in the Kids Who Care program. The 200-person delegation sang a song for the Council and listening audience. Announcements Council Member Lane announced that the City Hall Out North meeting would be held Monday, July 29, 2002, from 7:00 to 9:00 p.m. at the Diamond Hill-Jarvis High School Gymnasium, 1411 Maydell Street. He added that the City staff portion of the meeting was completed on June 20, 2002, and that this rescheduled meeting would be to receive public comment. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 2 of 14 Mayor Barr announced that the Neighborhood Leaders Conference on Public Housing would be held July 20, 2002, from 9:00 a.m. to noon and that invitations had been sent to the participants. Withdrawn from Council Member Picht requested that Mayor and Council Consent Agenda Communication No. L-13348 be withdrawn from the consent agenda. Council Member Moss requested that Mayor and Council Communication Nos. L-13352 and L-13353 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Res. #2852 There was presented Resolution No. 2852 by the City Council of Issuance of the City of Fort Worth, authorizing the Mayor of the City of Fort Bonds by Red Worth to execute a certificate approving the issuance of bonds by River Education the Red River Education Finance Corporation in connection with Finance Corp. the construction of educational facilities by Texas Wesleyan for Educational University (TWU). Mayor Pro tempore McCloud made a motion, Facilities at TWU seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Rice Tilley Mr. Rice Tilley appeared before Council and expressed appreciation for the Council's approval of the resolution. He added that the bonds would be used to expand nursing facilities at the university. OCS-1294 There was presented Mayor and Council Communication No. OCS- Claims 1294 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 Department. It was the consensus of the City Council that the recommendation be adopted. G-13669 There was presented Mayor and Council Communication No. G- Ord. #15153 13669 from the City Manager recommending that the City Council: Settlement of 1. Approve the settlement of claims in the lawsuit entitled Lawsuit —James James S. DuBose, Individually and as Trustee of the James S. DuBose, S. DuBose Family Trust, v. the City of Fort Worth, Texas, Individually as Case No. 17-180555-99; and Trustee of James S. 2. Adopt Supplemental Appropriation Ordinance No. 15153 DuBose Family increasing estimated receipts and appropriations in the Trust, v. City of Property and Casualty Insurance Fund in the amount of Fort Worth, $310,000.00 from available funds, for the purpose of funding Texas, Case No. a settlement of all claims with James S. DuBose v. the City of 17-180555-99 Fort Worth, Texas, Case No. 17-180555-99; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 3 of 14 3. Authorize the payment of $150,000.00 in settlement of this lawsuit with the check made payable to James S. DuBose, Individually and as Trustee of the James S. DuBose Family Trust; and 4. Authorize reimbursement of 100 percent of Mr. DuBose's costs up to, but not exceeding $160,000.00, if within five years Mr. DuBose constructs and installs a gas control system designed to vent or otherwise mitigate methane gas accumulation on his property; and 5. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-13670 There was presented Mayor and Council Communication No. G- Reduce Tax 13670 from the City Manager recommending that the City Council Abatement find that Motorola, Inc. has failed to meet the entirety of the Percentage with commitments made in its tax abatement agreement with the City of Motorola, Inc. Fort Worth (City Secretary Contract No. 19790); and authorize the City Manager to reduce the percentage amount of taxes to be abated from 70 percent to 66 percent for the 2002 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. It was the consensus of the City Council that the recommendation be adopted. G-13671 There was presented Mayor and Council Communication No. G- Reduce Tax 13671 from the City Manager recommending that the City Council Abatement find that Nokia Mobile Phones, Inc. has failed to meet the entirety Percentage with of the commitments made in its tax abatement agreement with the Nokia Mobile City of Fort Worth (City Secretary Contract No. 20695); and Phones, Inc. authorize the City Manager to reduce the percentage amount of taxes to be abated from 100 percent to 95 percent for the 2002 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. It was the consensus of the City Council that the recommendation be adopted. G-13672 There was presented Mayor and Council Communication No. G- Reduce Tax 13672 from the City Manager recommending that the City Council Abatement find that Tech Data Corporation has failed to meet the entirety of Percentage with the commitments made in its tax abatement agreement with the Tech Data City of Fort Worth (City Secretary Contract No. 22369, as amended Corporation by City Secretary Contract No. 27258); and authorize the City CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 4 of 14 Manager to reduce the percentage amount of taxes to be abated from 50 percent to 46 percent for the 2002 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. It was the consensus of the City Council that the recommendation be adopted. G-13673 There was presented Mayor and Council Communication No. G- Grant Funding 13673 from the City Manager recommending that the City Council for Bulletproof authorize the City Manager to accept a grant from the U. S. Vest Partnership Department of Justice in the amount of $4,914.43 for funding under Grant Act of the Bulletproof Vest Partnership Grant Act of 1998. It was the 1998 consensus of the City Council that the recommendation be adopted. G-13674 There was presented Mayor and Council Communication No. G- Ord. #15154 13674 from the City Manager recommending that the City Council: FAA Grant for Repair of 1. Authorize the City Manager to apply for and accept, if Taxiway "H" at awarded, a grant from the Federal Aviation Administration Alliance Airport (FAA) in the amount of $142,000.00 for engineering services and pavement repairs to a portion of Taxiway "H" at Alliance Airport; and 2. Authorize the use of land credits in the amount of $15,778.00 for the City's in-kind local match of ten percent of the project cost; and 3. Adopt Appropriation Ordinance No. 15154 increasing estimated receipts and appropriations in the Grants Fund in the amount of $157,778.00 subject to the receipt of a grant from the Federal Aviation Administration, for the purpose of funding the repair of Taxiway "H" at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. G-13675 There was presented Mayor and Council Communication No. G- Ord. #15155 13675 from the City Manager recommending that the City Council Fire Safety accept funds in the amount of $4,979.50 from various donors for House the Fire Safety House; and adopt Appropriation Ordinance No. Donations 15155 increasing estimated receipts and appropriations in the Special Gifts Fund in the amount of $4,979.50 from available funds, CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 5 of 14 for the purpose of funding the Fire Safety House. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted, with appreciation. The motion carried unanimously. G-13676 There was presented Mayor and Council Communication No. G- Res. #2853 13676 from the City Manager recommending that the City Council Magnolia Green adopt Resolution No. 2853 affirming that the private developer Development commitments required by the Transportation-Land Use Joint Project Venture Grant Program have been met for the Magnolia Green Development Project and requesting that the North Central Texas Council of Governments place the Magnolia Green Project in the Statewide Transportation Improvement Plan; and recommend that the North Central Texas Council of Governments place this Project in the Statewide Transportation Improvement Plan. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. P-9629 There was presented Mayor and Council Communication No. P- Locksmith 9629 from the City Manager recommending that the City Council Services authorize a purchase agreement with Priority Lock and Key for locksmith services for all City departments based on overall "best value"; and authorize this agreement to begin July 20, 2002, and expire July 21, 2003, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9630 There was presented Mayor and Council Communication No. P- Irrigation 9630 from the City Manager recommending that the City Council System authorize a purchase agreement with Phillip Lawn Sprinkler, Inc. to Maintenance provide irrigation system maintenance at Interstate Highway 30 and Interstate Highway 35 for the Parks and Community Services Department based on the overall low bid of project areas received, with payment due 30 days from the date of the invoice; and authorize this agreement to begin July 16, 2002, and expire July 15, 2003, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9631 There was presented Mayor and Council Communication No. P- 2002 Trailer 9631 from the City Manager recommending that the City Council Mounted Water authorize the purchase of a new trailer-mounted water tank and Tank and Supply supply system from Fort Worth Fabrication, Inc. for the Water System Department at the low bid of $78,300.00, with payment due upon CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 6 of 14 delivery of the equipment and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9632 There was presented Mayor and Council Communication No. P- Reject Bid for 9632 from the City Manager recommending that the City Council Lab Testing of authorize rejection of the sole bid received from Enviro Services, Diesel/Unleaded Inc.; and authorize rebid of the lab testing of diesel/unleaded fuel Fuel Storage storage tanks. Council Member Picht made a motion, seconded by Tanks Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. L-13348 There was presented Mayor and Council Communication No. L- Purchase 13348 from the City Manager recommending that the City Council Property for approve the acquisition of a 13,313 square foot parcel of land Future described as part of Lot 6, Block 2, Sanders Addition, Fort Worth, Construction of Texas, and a 6,400 square foot building located at the southwest Lamar/Taylor/ corner of 13th Street and Taylor Street from Park-A-Lot, Ltd., by City Hemphill Investments, Inc. General Partner, for the future construction of the Connector Lamar/Taylor/Hemphill connector at a cost of $250,000.00, plus estimated closing costs of$5,000.00. Council Member Picht stated that although he supported the purchase of the property, he was concerned with the expense of purchasing the billboard rather than relocating it. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. L- 13348 be adopted. The motion carried unanimously. L-13349 There was presented Mayor and Council Communication No. L- Permanent 13349 from the City Manager recommending that the City Council Water Main approve the acquisition and acceptance of eleven permanent water Easements and main easements for a cost of $60,850.00, and ten temporary Temporary construction easements for a cost of $19,750.00, from various Construction property owners located in South Tarrant County and North Easements Johnson County, Texas, required for construction of the Southside III 36-inch Water Line Project (DOE 3416), plus estimated closing costs of $3,000.00, for a total cost of $83,600.00. It was the consensus of the City Council that the recommendation be adopted. L-13350 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13350 from the City Manager recommending that the City Council Easement authorize the conveyance of one permanent sanitary sewer easement described as A-1104, Sarah Gray Survey, Tarrant County, CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 7 of 14 Texas, to the City of Burleson for the installation of a 36-inch sewer main located north of Burleson-Retta Road (DOE 3596) for a cost of $10.00; and authorize the City Manager to execute the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13351 There was presented Mayor and Council Communication No. L- Sale of Tax 13351 from the City Manager recommending that the City Council Foreclosure approve the direct sale of the tax foreclosure property described as Property Lot 14, Block 11, Englewood Heights Addition (3309 Burton Avenue), to Mr. Roy Smith in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and authorize the City Manager to execute appropriate deeds, conveying the property to Mr. Roy Smith and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13352 There was presented Mayor and Council Communication No. L- Conveyance of 13352 from the City Manager recommending that the City Council Permanent authorize the conveyance of one permanent easement described Utility Easement as Lots 5 and 8, Blocks 45 and 42, Marine Creek Hills Addition, Tarrant County, Texas, to Oncor Electric Delivery Company for the installation of underground electric lines located in Marine Creek Hills Addition (DOE 3235) for a cost of $10.00; and authorize the City Manager to execute the appropriate instruments. Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Wentworth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L- 13352 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss L-13353 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13353 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent sanitary sewer easement described as being a portion of that certain easement CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 8 of 14 and right-of-way deeded to Texas Utilities Electric Company, Tarrant County, Texas, needed to provide sewer service for new development from Oncor Electric Delivery Company located east of Old Denton Road (DOE 3651) for a cost of$1.00. Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Davis made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. L-13353 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss L-13354 There was presented Mayor and Council Communication No. L- Sale of Tax 13354 from the City Manager recommending that the City Council Foreclosure approve the direct sale of the tax foreclosure property described as Property Abstract No. 372, Tract No. 1, P. E. Coleman Survey (932 Larkspur Lane) to Betsy M. and John A. Calland and to Anitra B. and Charles G. Langham in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and authorize the City Manager to execute appropriate deeds conveying the property to Betsy M. and John A. Calland and to Anitra B. and Charles G. Langham, and record the deeds. It was the consensus of the City Council that the recommendation be adopted. L-13355 There was presented Mayor and Council Communication No. L- Purchase 13355 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lot 4, Block 1, Future Lakeland Addition (8608 Marks Lane), Tarrant County, Texas, for Development of the future development of the Fort Worth Nature Center and Refuge Fort Worth for a full sale price of $131,000.00; and authorize the City Manager Nature Center to execute the appropriate documents to complete the purchase. It and Refuge was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 9 of 14 L-13356 There was presented Mayor and Council Communication No. L- Lease Extension 13356 from the City Manager recommending that the City Council for Office Space authorize the City Manager to execute a lease extension for office space for the Police Department located at 4603 Horne Street from Roosevelt Burrell d/b/a Cowtown Traffic Control at a cost of $3,000.00 per year; and approve the lease extension term of one year beginning August 16, 2002, and expiring August 15, 2003, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. PZ-2396 There was presented Mayor and Council Communication No. PZ- Ord. #15156 2396 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 15156 vacating a 12-foot wide by 200-foot (VA-02-033) long alley located between Lots 1 through 4 and 21 through 24, Block 55, Ryan and Pruitt Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19149 There was presented Mayor and Council Communication No. C- Sister Cities 19149 from the City Manager recommending that the City Council International authorize the City Manager to enter into an agreement with Sister Cities International for its People to People Peace Program. It was the consensus of the City Council that the recommendation be adopted. C-19150 There was presented Mayor and Council Communication No. C- Conatser 19150 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser Inc. Construction, Inc. in the amount of $5,746,110.10 for Water and Sanitary Sewer Line Extension for Lake Crest Estates, Unit 1 (Sections A and B) and Unit 2 (Sections A and B). It was the consensus of the City Council that the recommendation be adopted. C-19151 There was presented Mayor and Council Communication No. C- DeOtte, Inc. Civil 19151 from the City Manager recommending that the City Council Engineering authorize the City Manager to execute an engineering agreement with DeOtte, Inc. Civil Engineering in the amount of $64,858.00 for Water Replacement Contract 2002 STM-H. It was the consensus of the City Council that the recommendation be adopted. C-19152 There was presented Mayor and Council Communication No. C- Tarrant County 19152 from the City Manager recommending that the City Council authorize the City Manager to execute an interagency agreement CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 10 of 14 with Tarrant County to continue the Operation Spotlight program. It was the consensus of the City Council that the recommendation be adopted. C-19153 There was presented Mayor and Council Communication No. C- City of Denton 19153 from the City Manager recommending that the City Council Fire Department authorize the City Manager to enter into a Mutual/Automatic Aid Agreement for fire protection with the City of Denton Fire Department. It was the consensus of the City Council that the recommendation be adopted. C-19154 There was presented Mayor and Council Communication No. C- Amend Contract 19154 from the City Manager recommending that the City Council — City of authorize the City Manager to amend the contract for the provision Westover Hills of fire services to the City of Westover Hills, changing the language of Section 6: Liability. It was the consensus of the City Council that the recommendation be adopted. C-19155 There was presented Mayor and Council Communication No. C- Ord. #15157 19155 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to apply for and accept, if Health — Office offered, a grant in the amount of $40,000.00 from the Texas of Public Health Department of Health — Office of Public Health Practice; and Practice 2. Adopt Appropriation Ordinance No. 15157 increasing estimated receipts and appropriations in the Grants Fund in the amount of $40,000.00 from available funds, subject to grant receipt, for the purpose of funding a grant from the Texas Department of Health — Office of Public Health Practice; and 3. Approve a waiver of the collection of indirect costs. It was the consensus of the City Council that the recommendation be adopted. C-19156 There was presented Mayor and Council Communication No. C- Ord. #15158 19156 from the City Manager recommending that the City Council: Amendment to CSC #26741 — 1. Authorize the City Manager to execute an amendment to City Shaw Secretary Contract No. 26741 changing the contractor to Environmental, Shaw Environmental, Inc., a subsidiary of Shaw Inc. Environmental and Infrastructure, Inc.; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 11 of 14 2. Approve the transfer of $400,000.00 from the Environmental Management Operating Fund undesignated to undesignated engineering within the Environmental Management Fund; and 3. Adopt Appropriation Ordinance No. 15158 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $400,000.00 from available funds, for the purpose of funding a contract with Shaw Environmental Inc. for environmental and engineering consulting services. It was the consensus of the City Council that the recommendation be adopted. C-19157 There was presented Mayor and Council Communication No. C- Reject Bids for 19157 from the City Manager recommending that the City Council 2002 Street authorize the City Manager to reject all bids for the 2002 street Sweeping sweeping program at various locations and authorize staff to re- Program advertise the project. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox requested that staff provide him a list of streets that would be served by this program. Zoning Hearing It appeared to the City Council that Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896, and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on June 27, 2002. Mayor Barr asked if there was anyone present desiring to be heard. ZC-002-149 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of Sendera, Ltd. for a change in zoning of property located northeast of Avondale Haslet Road and Willow Springs Road from "AG" Agricultural, "CF" Community Facilities, "C" Medium Density Multi-Family and "E" Neighborhood Commercial to "A-43", "A-5" One-Family and "AG" Agricultural Zoning Docket No. ZC-002-149, be approved. The motion carried unanimously. ZC-002-160 It appeared to the City Council that they set today as the date for Continued for the hearing in connection with Zoning Docket No. ZC-002-160, Text One Week Amendment requiring repair and body shops to provide screening CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 12 of 14 from certain residential uses, and to enclose vehicles accepted for repairs and dismantled or wrecked vehicles behind a screen fence or building after business hours, and limiting the time vehicles accepted for repairs can be stored on premises. 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 recommended changes and amendments to the Text Amendment, Council Member Lane made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-002-160 be continued for one week. The motion carried unanimously. SP-002-011 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Choice Homes for a change in zoning of property located at the 1100 Block of Sandalwood Drive and Driftwood Drive, site plan for "PD-389" Planned Development/Specific Use for one-family residences, Site Plan No. SP-002-011, be approved. The motion carried unanimously. 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. 15159 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 13 of 14 Citizen Ms. Vivian Whisnant, 13606 Yale Trail, Saginaw, Texas, appeared Presentations before Council in opposition of the proposed annexation. Vivian Whisnant Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:00 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: a) Judy Perez, Individually and as Next Friend of Rogelio Sanchez, Jr. v. Marion K. Collinsworth and City of Fort Worth, Cause No. 67-182123-00; b) Michael R. Riggs v. City of Fort Worth, et al, Civil Action No. 4:00-CV-816-Y; c) Legal issues concerning Newgent Golf, Inc. and the renovation of Pecan Valley Golf Course; d) Legal issues concerning the provider selection process for after-school programs; e) 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 551.086 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 16, 2002 PAGE 14 of 14 Reconvened The City Council reconvened into regular session at 11:40 a.m. Adjournment There being no further business, the meeting was adjourned at 11:40 a.m. CITY SE ARY MAYOR