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HomeMy WebLinkAbout1991/06/11-Minutes-City CouncilCITY COUNCIL MEETING JUNE 11, 1991 Council Met On the 11th day of June, A.D., 1991, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members Present Mayor K4Y.;Gran9er Mayor Pro tempore William N. Garrison; Council Members Louis J. Zapata, Eugene McCray, - Jewel-, Woods William Meadows, and Virginia Nell Webber; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Member David Chappell absent; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by Father Ron Baskin, St. Simon of Cyrene Episcopal Church. Pledge of Allegiance The Pledge of Allegiance was recited. Minutes of meeting On motion of Council Member Meadows, seconded by Council Member Webber, the minutes for June 4, 1991 of the meeting of June 4, 1991, were approved. approved Remarks by Mayor Pro Remarks were extended by retiring Mayor Pro tempore William N. Garrison and City tempore Garrison and Council Member Louis J. Zapata. Council -Member Louis Zapata City Secretary Howard administered the Oaths of Office to Council Members -Elect Carlos Oaths of Office to Puente, Chuck Silcox, Morris Matson, and Eugene McCray. Council Members -Elect Carlos Puente, Chuck Received remarks of newly elected City Council Members. Silcox, Morris Matson, and Eugene McCray Council Member McCray made a motion, seconded by Council Member Webber, that Council Elected Virginia Nell Member Virginia Nell Webber be elected Mayor Pro tempore. When the motion was put to a vote Webber Mayor Pro tem- by the Mayor, it prevailed unanimously. pore Mr. Scott Cates Mr. Scott Cates, President, Fort Worth Florists' Association, presented flowers to presented flowers to members of the City Council. City Council Proclamation presented A proclamation for National NeighborWorks Week was presented to The Reverend Roosevelt to The Reverend Baugh Baugh, President, Neighborhood Housing Services. Proclamation presented to Mary Isham Keith A proclamation for Flag Day was presented to representatives of Fort Worth Chapter, Chapter and Six Flags Mary Isham Keith Chapter, and Six Flags Chapter of Daughters of American Revolution. Chapter of Daughters of American Revolution Minutes of City Council S-3 Page 19 ti0 Tuesday, June 11, 1991 Mayor Granger present- Mayor Granger presented a plaque from the North Central Texas Council of Government ed a plaque to Dr. to Dr. Harriet Harrell as the 1991 recipient of the Linda Keithley Award for Women in Public Harriet Harrell Administration. Proclamation presented to Herb Grant Withdrew M&C P-5014 Withdrew M&C C-12909 Consent agenda, as amended, approved I _ A proclamation for Dollars Against Diabetes Days was presented to Messrs. Ronnie Gray and Herb Grant. City Manager Ivory requested that Mayor and Council Communication No. P-5014 be withdrawn from the consent agenda. Council Member Meadows requested that Mayor and Council Communication No. C-12909 be withdrawn from the consent agenda. On motion of Council Member Meadows, seconded by Council Member McCray, the consent agenda, as amended, was approved. Hearing on curfew Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that the ordinance to be heard hearing on the proposed curfew ordinance for children be moved forward on the agenda to be prior. to the zoning heard prior to the zoning hearing. When the motion was put to a vote by the Mayor, it hearing prevailed unanimously. r. Bill Frey appointe� Council Member Woods nominated Mr. Bill Frey for membership on the Board of Adjustment o Place 4 on the Boar and made a motion, seconded by Council Member McCray, that Mr. Bill Frey be appointed to f Adjustment Place 4 on the Board of Adjustment for a term of office expiring October 1, 1992. When the motion was put to a vote by the Mayor, it prevailed unanimously. esignation of Mr. Don It was the consensus of the City Council that the resignation of Mr. Don C. Plattsmier . Plattsmier I from the Board of Adjustment be accepted with regrets. resented Municipal ' There was presented City Council Municipal Court Advisory Committee Policy Memorandum dvisory Committee Pol No. 17 from the City Manager, as follows: cy Memorandum No. 17 olicy adopted CS -293 re iability Bonds SUBJECT: Appointment of Municipal Judge Pro tem - Mark W. Sullivan POLICY: It is recommended that the City Council appoint Mark W. Sullivan as a municipal judge pro tem for a one year term beginning on the date of appointment. DISCUSSION: State law provides that a majority of the City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death or illness, continuing legal or judicial education programs, or for other reasons. The Chief Judge selects one of the persons appointed by governing body to serve during such an absence. Gov. Code §30.144(1). The judges pro tem serve for a term of one year. City Code, Sec. 10-3. The Municipal Courts Advisory Committee, at its regular meeting on May 28, 1991, voted to recommend the appointment of the above named individual by the City Council to the office of municipal judge pro tem, acting on the recommendation of the Chief Judge. On motion of Mayor Pro tempore Webber, seconded by Council Member Meadows, the recommendation was adopted. There was presented Mayor and Council Communication No. OCS-293 from the Office of the City Secretary recommending that City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTORS BOND INSURANCE COMPANY Potter Concrete Company, Inc. Charlie Smith R J Investments, Inc. American States Insurance Co. Lawyers Surety Company Universal Surety of America It was the consensus of the City Council that the recommendation be adopted. CS -294 There was presented Mayor and Council Communication No. OCS-294 from the Office of the laims City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Minutes of City Council S-3 Page 20 OCS-294 cont. Karen Shaw and Mary Lee Carla Jan Washburn Lankford Joseph H. Dederichs William Wesley Seely Patrick D. Thompson Forbes Rebuilt Automo- tive Parts, Inc. W. L. Forbes Tami Kay Malone Oddis Houk �I Tuesday, June 11, 1991 1. Claimant: Karen Shaw and Mary Lee Date Received: May 31, 1991 Date of Incident: September, 1990 Location of Incident: 5801 Wimbleton Way Estimate of Damages/ Injuries: $1,069.00 - $1,090.00 Nature of Incident: Claimants allege damages to residence as result of road construction. 2. Claimant: Carla Jan Washburn Lankford Date Received: May 31, 1991 Date of Incident: April 22, 1991• Location of Incident: Corner of Granbury Cut -Off & Granbury Road Estimate of Damages/ Injuries: $1,488.13 Nature of Incident: Claimant alleges vehicular accident caused by high grass blocking view. 3. Claimant: Joseph H. Dederichs Date Received: May 31, 1991 Date of Incident: January, 1991 Location of Incident: 3616 Kell Street Estimate of Damages/ Injuries: $3,293.00 - $3,500.00 Nature of Incident: Claimant alleges damages sustained as result of unreported impoundment of stolen vehicle at Police Auto Pound. 4. Claimant: William Wesley Seely Date Received: May 31, 1991 Date of Incident: Undeclared Location of Incident: 2308 Prairie Estimate of Damages/ Injuries: $1,115.48 Nature of Incident: Claimant alleges damages to vehicle as result of tree limb falling on vehicle. 5. Claimant: Patrick D. Thompson Date Received: June 4, 1991 Date of Incident: February 2, 3, 19, 1991 Location of Incident: 4058 Meadowbrook Drive Estimate of Damages/ Injuries: $1,912.00 - $2,140.00 Nature of Incident: Claimant alleges damages to property as result of truck traffic across property for sewer line cleanouts. 6. Claimant: Forbes Rebuilt Automotive Parts, Inc. (W.L. Forbes) Date Received: June 5, 1991 Date of Incident: April 17, 1991 Location of Incident: 300 N. University Drive Estimate of Damages/ Injuries: $1,268.45 - $2,086.50 Nature of Incident: Claimant alleges damages sustained to vehicle as result of road work. 7. Claimant: Tami Kay Malone Date Received: June 5, 1991 Date of Incident: May 5, 1991 Location of Incident: Meadowbrook Drive Between Jenson & Tierney Road Estimate of Damages/ ` Injuries: $1,140.63 - $1,211.52 Nature of Incident: Claimant alleges damages sustained to vehicle as result of street cuttings. 8. Claimant: Oddis Houk Date Received: June 5, 1991 Date of Incident: Undeclared Location of Incident: 325 Flaxseed Lane Estimate of Damages/ Injuries: $127.47 Nature of Incident: Claimant alleges damages sustained to property as result of installation of water line. Minutes of City Council S-3 Page 21 Lanny S. Shaw Charles C. Shelley, Jr orothy Braggs/Marvin raggs CS -294 adopted C G-9178 re fund for tax over- vment 9. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 10. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 11. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Tuesday, June 11, 1991 Lanny S. Shaw June 5, 1991 May 21, 1991 4313 Selkirk Drive West $140.00 Claimant alleges damages sustained as result of sewer backup. Charles C. Shelley, Jr. June 5, 1991 Undeclared 1205 Crockett Drive $32.72 Claimant alleges damages to mailbox caused by City forces. Dorothy Braggs/Marvin Braggs June 5, 1991 Undeclared 1200 E. Tucker $30,000,000.00 - $40,000,000.00 Claimants allege damages sustained as result of police action. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-9178, dated June 4, 1991, from the City Manager stating that the Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified erroneous payment or overpayments were made and recommends refund from General Fund GGO1, Center No. 0134020, Account No. 411012, as follows: ACCOUNT NO. LEGAL DESCRIPTION 0018-98-63 LOT C BLK C 1990 TAXES BELVEDERE ESTATES (CITY & SCHOOL) TAXES PAID TWICE NAME AMOUNT MOODY, WAYLAND II $ 991.72 0041-27-75 LOT 31 BLK 12 NCNB MORTGAGE CORP. 2,102.18 1990 TAXES CANDLERIDGE ADD (CITY & SCHOOL) TAXES PAID ON WRONG ACCT. 0209-75-32 LOT 20 BLK 21 1990 TAXES OVERTON PARK ADD (CITY & SCHOOL) TAXES PAID TWICE 0276-47-92 LOT - BLK 35 1990 TAXES SILVER LAKE ADD (CITY & SCHOOL) TAXES PAID TWICE 0284-63-06 LOT 6 BLK 102 1990 TAXES SOUTH HILLS ADD (CITY& SCHOOL) TAXES PAID TWICE 0287-51-60 LOT 1 BLK 8 1990 TAXES SOUTH RIDGE ADD (CITY & SCHOOL) TAXES PAID TWICE 0347-25-74 LOT 30 BLK 14 1990 TAXES WEST PARK ADD (SCHOOL ONLY) TAXES PAID TWICE 0477-06-92 LOT 2R BLK 15 1990 TAXES GREENBRIAR ADD (SCHOOL ONLY) TAXES PAID TWICE CENTRE SAVINGS ASS005,321.18 DEPT. OF VETERANS 923.56 AFFAIRS SUNBELT NATIONAL MTG1,871.57 KILPATRIC, 1,771.96 JAMES BRYAN FLEET MORTGAGE CORP. 903.35 DEPT. OF VETERANS 764.99 AFFAIRS Minutes of City Council S-3 Page 22 Tuesday, June 11, 1991 M&C G-9178 cont. 0506-51-78 LOT 19 BLK 2 STATESMAN 1,000.00 1989 TAXES LEGACY WEST PH#1 SEC. 3 MORTGAGE CO. (CITY ONLY) OVERPAYMENT 0567-81-96 AB 1680 TR 1CO3 COMPUTALOG 700.61 1990 TAXES WILBURN, JAMES S. SUR WIRELINE PROD. (SCHOOL ONLY) C/O JAMES HALL ASSOC. INC. TAXES PAID TWICE 0603-76-31 LOT 3 BLK 9 1990 TAXES RIDGLEA CREST ADD (CITY & SCHOOL) TAXES PAID TWICE 0628-04-98 LOT 18 BLK 46 1990 TAXES MEADOW CREEK #1 ADD (CITY ONLY) TAXES PAID TWICE COLONIAL 1,025.43 SAVINGS & LOAN FLEET MORTGAGE CORP. 562.39 TOTAL $17,939.00 Mayor Pro tempore Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9178. Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor Pro tempore Webber be permitted to abstain from voting on Mayor and Council Communication No. G-9178. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9178 adopted Council Member Woods made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-9178, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell s NOT VOTING: Mayor Pro tempore Webber ,r (Note: See subsequent action to continue G-9178) M&C G-9180 There was presented Mayor and Council Communication No. G-9180 from the City Manager re settlement of stating that Joshua Newton filed a claim for personal injuries allegedly sustained on claim filed by Joshua December 14, 1989, at 3600 Keller Hicks Road as a result of being struck by a City -owned Newton vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Mr. Newton through his attorney and has agreed to a settlement of $10,000.00 subject to City Council approval; that funds are available in the Property and Casualty Insurance Fund FE71, Center No. 0157110, Account No. 534030; and recommending that the City Council approve the settlement of claim filed by Joshua Newton and authorize the City Manager to expend the sum of $10,000.00 for the settlement agreed to by Mr. Newton, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-9181 re There was presented Mayor and Council Communication No. G-9181 from the City Manager Lawsuit styled Victor stating that Victor and Shirley Miller filed a lawsuit styled Victor and Shirley Miller vs. and Shirley Miller vs Stacey Reed and The City of Fort Worth, Cause No. 48-107002-87, as the result of an Stacey Reed and The automobile accident which resulted in the death of their son; that, while admitting no City of Fort Worth liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for a total of $400,000.00 plus court costs; that the Risk Management Department and the Department of Law recommends payment in the amount specified to effect settlement in this matter; and recommending that the City Council approve a Supplemental Appropriation Ordinance appropriating $425,000.00 in the Property/Casualty Insurance Fund FE71, Center No. 0157120 Lawsuit Payments/Settlements, from the Unreserved, Undesignated Fund balance in the Property/Casualty Insurance Fund FE71, and authorize payment in the amount of $400,000.00, plus taxable court costs in the amount of $25,000.00 to the Plaintiffs, Victor and Shirley Miller, and their attorney to effect settlement in this cause of action. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council S-3 Page 23 Tuesday, June 11, 1991 M&C G-9181 cont. AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell t: The ordinance, as adopted, is as follows: Ordinance No. 10857 ORDINANCE NO. 10857 AN ORDINANCE APPROPRIATING $425,000.00 TO THE PROPERTY/CASUALTY INSURANCE FUND, FUND FE71, CENTER 0157120, LAWSUIT PAYMENTS/SETTLEMENTS, AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING THE SETTLEMENT OF VICTOR AND SHIRLEY MILLER VS. STACEY REED AND THE CITY OF FORT WORTH (CAUSE NO. 48-107002-87); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution concerning various revisions of the Personnel Rules and Regulations. C-10: Temporary Assignment to Higher Level Position The title of this regulation has been changed to Acting Pay. Also, a new provision has been added (paragraph 4.1.1) which addresses the issue of differentiating between on-the-job training and performing in an acting capacity. Heretofore, departmental discretion, without any established criteria for guidance, has been the sole determinant of whether an employee performing outside of his/her classification was in an on-the-job training mode or an acting at a higher level mode. Employees in an on-the-job training mode are not eligible for additional compensation whereas those performing in an acting capacity may receive additional compensation. Paragraph 4.1.1 requires departments to establish specific criteria to determine an employee's eligibility to receive additional compensation. This revision was suggested by the City's Personnel Commission. Minutes of City Council S-3 Page 24 This ordinance shall take effect and be in full force and effect from and t" .;after the date of its passage, and it is so ordained. M&C G-918.2 re settlement of claim was There resented Ma P yor and Council Communication No. G-9182 from the City Manager with Jeanie Renee stating that Jeanie Renee Morrison filed a claim for personal injuries allegedly sustained Morrison on March 15, 1990, when she was involved in a collision with another citizen's vehicle; allegedly as the result of a malfunctioning traffic signal light; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Mrs. Morrison through her attorney and has agreed to a settlement of $10,000.00 subject to City Council approval; stating that funds are available in the Property and Casualty Insurance Fund FE71, Center No. 0157110, Account No. 534030; and recommending that the City Council approve the settlement of claim filed by Jeanie Renee Morrison and authorize the City Manager to expend the sum of $10,000.00 for the settlement agreed to by Mrs. Morrison and her attorney. It was the consensus of the City Council that the recommendation be adopted. M&C G-9183 re There was presented Mayor and Council Communication No. G-9183 from the City Manager Lawsuit styled Elvira stating that Mr. and Mrs. Roberto Cruz filed a lawsuit styled Elvira and Roberto Cruz vs. and Roberto Cruz vs. Dorothy Dollahon and The City of Fort Worth, Cause No. 67-118583-89, in February 1987 to Dorothy Dollahon and recover for injuries and property damages received as the result of an automobile accident The City of Fort Wort with a police unit which occurred on April 3, 1987; that, while admitting no liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle this ' lawsuit for $12,000.00; stating that funds are available in the Property/Casualty Insurance Fund FE71, Center No. 0157120, Account No. 534050; and recommending that the City Council '� I... i authorize payment in the amount of $12,000.00 plus taxable court costs to the Plaintiffs, Elvira and Roberto Cruz, and their attorney to effect a settlement in this cause of action. It was the consensus of the City Council that the recommendation be adopted. M&C G-9184 There was presented Mayor and Council Communication No. G-9184 from the City Manager, re Revisions to Per- as follows: sonnel Rules and Regulations SUBJECT: REVISIONS TO PERSONNEL RULES AND REGULATIONS RECOMMENDATION: It is recommended that the City Council adopt the attached resolution concerning various revisions of the Personnel Rules and Regulations. C-10: Temporary Assignment to Higher Level Position The title of this regulation has been changed to Acting Pay. Also, a new provision has been added (paragraph 4.1.1) which addresses the issue of differentiating between on-the-job training and performing in an acting capacity. Heretofore, departmental discretion, without any established criteria for guidance, has been the sole determinant of whether an employee performing outside of his/her classification was in an on-the-job training mode or an acting at a higher level mode. Employees in an on-the-job training mode are not eligible for additional compensation whereas those performing in an acting capacity may receive additional compensation. Paragraph 4.1.1 requires departments to establish specific criteria to determine an employee's eligibility to receive additional compensation. This revision was suggested by the City's Personnel Commission. Minutes of City Council S-3 Page 24 �J Tuesday, June 11, 1991 M&C G-9184 cont. D-8: On -Site Extra -Help Employee Hiring Emp oyees working for the City through the Temporary Services Program must complete at least 19040 regular hours worked before they are eligible to apply for positions which are recruited promotionally only. Paragraph 4.8 has been added to place this same 1,040 hours requirement upon other extra -help employees. D-12: Promotion Paragraph 4.10 has been added which requires extra -help employees to complete at least 1,040 regular hours worked with the City to become eligible to compete for positions recruited promotionally. Paragraph 4.11 has been added to coincide with amendments to the Alcohol and Substance Abuse in the Workplace policy (D-31), paragraph 3.11.4. D-19: Reemployment The test in paragraph 4.3.1 has been amended by .adding "for disciplinary reasons;" and, paragraph 4.3.2 has been added to explain how involuntary non - disciplinary terminations will be handled. D-26: Personnel Committee The text in 3.0, 4.2.1, 4.2.2, and 4.3.1 has been changed to more accurately reflect the purpose of the Personnel Committee and the nature of the business which it conducts. E-3: Use of Medicines on the Job With the establishment of the ccupational Health Clinic and the adoption of the Alcohol and Substance Abuse in the Workplace policy (D-31), appropriate textual changes have been made in paragraphs 4.3, 4.4, 4.5, and 4.6. F-1: Safety Program The recent revision of F-5: Occupational Injury Benefit Program necessitated a textual change in paragraph 4.10 which addresses emergency and medical treatment for employees injured on the job. F-5: Occupational Injury Benefit Program Paragraph 4.3.5 has been deleted per advice from the Law Department. F-11: Handling Intoxicated Employees at the Workplace_(delete) The adoption of the Alcohol and Substance Abuse in the Workplace policy (D-31) has eliminated the need for this policy (F-11). The items addressed in F-11 are covered and modified by D-31. Therefore, F-11 should be deleted from the Personnel manual. F-11: Driver's Licenses for City Employees (new) The Texas Commercial Driver's License law was recently amended. This regulation has been written to ensure that City employees required to operate motor vehicles on the job hold proper driver's licenses in accordance with the revised state statute. F-13: Equipment/Vehicle Neglect and Abuse Policy This policy was originally drafted as an Administrative Regulation, reviewed and approved by management, but never officially adopted. Affected City departments have been following the guidelines contained in this policy despite its unofficial status. The policy should be officially adopted as part of the Personnel manual. Sworn police and fire employees are excluded under these provisions, since disciplinary matters are specifically covered under the State Civil Service law. I-14: Employee Assistance Program The definition of employee in paragraph 4.1 has been amended with the insertion of: "(who are members of the City's Retirement Fund)." This amendment ensures the availability of group health plan coverage and leave time to address expenses which may be associated with receiving assistance through the City's EAP. M&C G-9184 adoptedII It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9184, be adopted. Introduced a Council Member Meadows introduced a resolution and made a motion that it be adopted. resolution The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell Minutes of City Council S-3 Page 25 ry J Resolution adopted Resolution,No, 1728 The resolution, as adopted, Tuesday, June 11, 1991 is as follows: RESOLUTION NO. 1728 WHEREAS, on December 15, 1981, the City Council of the City of Fort Worth passed Ordinance No. 8486, which provided for the establishment, regulation and maintenance of a merit system now contained in Article V of Chapter 2, of the Code of the City of Fort Worth (1986), as amended; and WHEREAS, Article V of Chapter 2 provides that the Personnel Director shall prepare personnel policies which shall provide for such rules, practices and procedures as may be necessary for the effective administration of the City's Merit System; and WHEREAS, such personnel policies, when approved by the City Manager, shall be proposed to the City Council, and the Council may, be resolution, adopt them with or without amendment; and WHEREAS, the Personnel Director and the Management Review Committee have prepared the attached revisions to the City's personnel policies now entitled "Personnel Rules and Regulations", which volume is available for inspection and on file as a public record in the Office of the City Secretary; and WHEREAS, the attached revisions have been approved by the City Manager and are hereby proposed to the City Council as an amendment to the City's "Personnel Rules and Regulations;" • WORTH: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT. That the City Council hereby adopt, without amendment, the attached revisions of the "Personnel Rules and Regulations" to facilitate administration of the City's Merit System, as provided in Article V of Chapter 2 of the Code of the City of Fort Worth (1986), as amended. M&C G-9185 re adopt an ordinance There was presented Mayor and Council Communication No. G-9185 from the City Manager amending Sections 32- recommending that the City Council adopt an ordinance amending Section 32-17, "Levy; Rate; 17 Disposition of Revenues; Exceptions" of Article II, "Hotel Occupancy Tax" of Chapter 32, "Taxation", of The Code of the City of Fort Worth (1986). It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. 10858 ORDINANCE N0. 10858 AN ORDINANCE AMENDING SECTION 32-17, "LEVY; RATE; DISPOSITION OF REVENUES; EXCEPTIONS." OF ARTICLE II, "HOTEL OCCUPANCY TAX" OF CHAPTER 32, "TAXATION," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING SUBSECTION (b) OF SAME TO PROVIDE THAT ALL REVENUES FROM THE HOTEL OCCUPANCY TAX SHALL BE EXPENDED AS PROVIDED BY STATE LAW; BY REPEALING SUBSECTIONS (c), (d) AND (e) OF' SAME; BY RENUMBERING SUBSECTION (f) TO BECOME SUBSECTION (c); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDINANCES AND CODE PROVISIONS AND REPEALING ORDINANCES AND CODE PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Subsection (b) of Section 32-17, "Levy; rate; disposition of revenues; exceptions." of Article II, "Hotel Occupancy Tax" of Chapter 32, "Taxation," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended and, after said amendment, shall read as follows: Minutes of City Council S-3 Page 26 27 -- Tuesday; '. J"une 11, 1991 Ordinance No. 10858 (b) All revenues from the Hotel Occupancy Tax shall be expended as cont. provided by State law. That Subsections (c), (d) and (e) of Section 32-17 are hereby repealed; and that Subsection (f) is conformably renumbered to become (new) Subsection (c). M&C G-9186 re There was presented Mayor and Council Communication No. G-9186 from the City Manager Scott W. Cepak filed stating that Scott W. Cepak filed a lawsuit in 1989 against the City of Fort Worth to a lawsuit recover for injuries and property damages received as the result of an automobile accident with a fire truck which occurred on July 17, 1988; that, while admitting no liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for $10,000.00; stating that funds are available in Property/Casualty Insurance Fund FE71, Center No. 0157120, Account No. 534050; and recommending that the City Council authorize payment in the amount of $10,000.00 plus taxable court costs and expenses of suit in the amount of $1,000.00 to the Plaintiff, Scott W. Cepak, and his attorney to effect settlement in this cause of action. It was the consensus of the City Council that the recommendation be adopted. M&C G-9187 re There was presented Mayor and Council Communication No. G-9187 from the City Manager service roads to be stating that The Perot Group representatives have requested that the service roads to be located along each located along each side of State Highway No. 170 Freeway be designated with the name side of State High- "Alliance Gateway"; that there is no name assigned to that facility at this time; and way No. 170 Freeway recommending that the City Council adopt a resolution requesting that the service roadsbe named Alliance Gateway adjacent to State Highway No. 170 from Interstate Highway 35W North to State Highway No. 114, be designated with the name "Alliance Gateway." It was the consensus of the City Council that the recommendation be adopted. Introduce a Council Member Meadows introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. 1729 RESOLUTION NO. 1729 WHEREAS, no name has yet been designated for the service roads to be located adjacent to the proposed State Highway 170, from Interstate Highway 35 W North to State Highway 114; and WHEREAS, the Perot Group, as owners of all abutting property, have requested that the service roads to be located along each side of proposed State Highway 170 be designated with the name "Alliance Gateway"; and WHEREAS, the Perot Group has agreed to pay any and all costs associated with the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the service roads to be located adjacent to State Highway 170, from Interstate Highway 35 W North to State Highway 114, shall be officially designated with the name "Alliance Gateway." In Addition, all costs and expenses associated with officially designating the service roads adjacent to State Highway 170 as "Alliance Gateway" shall be borne by the Perot Group. M&C G-9188 re There was presented Mayor and Council Communication No. G-9188 from the City Manager 1986 Capital Improve -i stating that the 1986 Capital Improvement Program included funds for improvement of East 1st ment Program includes Street from North Sylvania Avenue to Riverside Drive; that the existing street consists of funds for improve- asphalt pavement in poor condition with no curb and no gutter; that it is in the Riverside ments of East 1st Target Area and has never been constructed to City standards; that the project is located Street in Council District 8; stating that the total estimated cost of the assessment is $454,080.00; and that financing for the project will be established at the time of the contract award; and recommending that the City Council: 1. Declare the necessity for and order the improvements to E. First Street from North Sylvania Avenue to Riverside Drive; 2. Authorize the assessment of a portion of the cost of the improvements to E. 1st Street against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; Minutes of City Council S-3 Page 27 28 Tuesday, :'June,11, :1991 M&C G-9188 cont. 4. Establish July 16, 1991, as the date of the Benefit Hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. Mayor Pro tempore Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9188. Council Member Woods made a motion, seconded by Council Member Puente, that Mayor Pro tempore Webber be permitted to abstain from voting on Mayor and Council Communication No. G-9188. When the motion was put to a vote by the Mayor, it prevailed unanimously. Adopted M&C G-9188 Council Member Woods made a motion, seconded by Council Member Puente, that the recommendations, as contained in Mayor and Council Communication No. G-9188, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell NOT VOTING: Mayor Pro tempore Webber M&C G-9189 re There was presented Mayor and Council Communication No. G-9189 from the City Manager 1986 Capital Improve- stating that the 1986 Capital Improvement Program included funds for the improvement of ment Program includes 9 funds for the improve- Borden Drive from West Vickery Boulevard to Willis Avenue; that the existing street consists ment of Borden Drive of asphalt pavement in poor condition with curb and gutter; that the project is located in Council District 3; that the total estimated cost of assessment is $281,600.00; stating that financing for the project will be established at the time of the contract award; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Borden Drive from West Vickery Boulevard to Willis Avenue; 2. Authorize the assessment of a portion of the cost of the improvements to Borden Drive against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish July 9, 1991, as the date of the Benefit Hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. Mayor Pro tempore Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9189. Council Member Meadows made a motion, seconded by Council Member Puente, that Mayor Pro tempore Webber be permitted to abstain from voting on Mayor and Council Communication No. G-9189. When the motion was put to a vote by the Mayor, it prevailed unanimously. Adopted M&C G-9189 Council Member Puente made a motion, seconded by Council Member Silcox, that the ecommendations, as contained in Mayor and Council Communication No. G-9189, be adopted. hen the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows , NOES: None ABSENT: Council Member Chappell NOT VOTING: Mayor Pro tempore Webber M&C G-9190 rej There was presented Mayor and Council Communication No. G-9190 from the Cit Manager Refund for tax over- tating that the Texas Property Tax Code requires that a taxpayer must request a refund for payment ax overpayment within three years of that payment; that Section 31.11 of the Property Tax ode further requires approval by the governing body before refunding overpayments or ,,rroneous payments in instances where the refund exceeds $500.00; that the Revenue ollection Division of the Finance Department has verified erroneous payments or verpayments were made; that refunds will be made from Revenue Fund/Account/Center GG01 11012 0134020; and recommending that accounts totaling $45,707.70 be approved for refund, s follows: Minutes of City Council S-3 Page 28 �� Tuesday, June 11, 1991 M&C G-9190 cont. ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0048-22-85 LOT 11 BLK 92 INNOVATIVE DEVELOPERS, $1,2T2. 5 1990 TAXES CHAM ARL HTS 1ST INC. (CITY AND SCHOOL) OVERPAYMENT 0194-34-48 LOT 9AR BLK - FIRST CAPITAL LIFE 9,916.11 1990 TAXES NORTH PARK BUS CTR. INS. CO. (CITY AND SCHOOL) TAXES PAID TWICE 0194-34-72 LOT 9AR BLK - FIRST CAPITAL LIFE 16,067.81 1990 TAXES NORTH PARK BUS CTR INS. CO. (CITY AND SCHOOL) TAXES PAID TWICE 0194-34-99 LOT 10AR BLK - FIRST CAPITAL LIFE 16,532.82 1990 TAXES NORTH PARK BUS CTR INS. CO. (CITY AND SCHOOL) TAXES PAID TWICE 0542-82-11 LOT 17R3 BLK 10 SUNBELT NATIONAL MFG. 1,112.15 1989 TAXES TRINTMAN CITY ADD (CITY AND SCHOOL) TAXES PAID TWICE 0632-75-75 LOT 12 BLK 33 LOMAS MFG. U.S.A. 836.56 1990 TAXES PARK GLEN ADD (CITY ONLY) TAXES PAID TWICE TOTAL $45,707.70 Adopted M&C G-9190 II On motion of Council Member Meadows, seconded by Council Member Woods, the recommendation M&C P-5011 re There was presented Mayor and Council Communication No. P-5011 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement for non-exclusive purchase for non-exclusive purchase of ready -mix of ready mix concrete from the vendors; stating that budgeted funds are sufficient to cover concrete the anticipated expenditure by each department participating in the agreement; and recommending that the City Council authorize a purchase agreement for the non-exclusive purchase of ready mix concrete from various vendors for all City departments on unit prices, with term of agreement to begin July 12, 1991, and end July 11, 1992. It was the consensus Adopted M&C P-5011 of the City Council that the recommendations be adopted. M&C P-5012 re There was presented Mayor and Council Communication No. P-5012 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement to provide with Lady Bugg Exter- termite treatment for all City Departments; stating that budgeted funds are sufficient to urinating Services cover the anticipated expenditure by each department wishing to participate in the agreement; and recommending that the purchase agreement be authorized with Lady Bugg Exterminating Services on its low bid of unit prices of $2.90 per linear foot for spot treatment, and $2.75 per linear foot for full building treatments, with term of agreement Adopted M&C P-5012 to begin June 11, 1991, and end June 10, 1992, with option to renew for one year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5013 re There was presented Mayor and Council Communication No. P-5013 from the City Manager purchase agreement with Nationwide Papers submitting a tabulation of bids received for a purchase agreement to supply Scott dispenser products to various City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the purchase agreement be authorized with Nationwide Papers on its low overall bid of unit prices, with term of agreement to begin June 27, 1991, and end June 26, 1992, with option to renew for one year. It was the consensus of the City Council that the Adopted M&C P-5013 recommendations be adopted. Minutes of City Council S-3 Page 29 was adopted. M&C P-5010 re purchase agreement There was presented Mayor and Council Communication No. P-5010 from the City Manager with Motion Indus- stating that the City Council authorized a purchase agreement on July 31, 1990, by Mayor and tries Council Communication No. P-4404 with Motion Industries to provide various sizes and types of bearings and seals to the City of Fort Worth for a one-year period effective July 18, 1990, through July 17, 1991; that the service has been satisfactory and the using departments have requested that the first year option to renew be exercised; that the vendor has agreed to hold the quoted discount structure firm for this additional year and Purchasing has received written confirmation of same; stating that budgeted funds are sufficient to cover the anticipated expenditures by each department participating in the agreement; and recommending that the City Council exercise the first year option to renew the purchase agreement with Motion Industries for the purchase of various sizes and types of bearings and seals on its low bid of unit prices and percentage discount off dealer's list price; and authorize all City departments to participate in this agreement, if needed, with term of agreement to begin July 17, 1991, and end July 16, 1992. It was the consensus Adopted M&C P-5010 of the City Council that the recommendations be adopted. M&C P-5011 re There was presented Mayor and Council Communication No. P-5011 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement for non-exclusive purchase for non-exclusive purchase of ready -mix of ready mix concrete from the vendors; stating that budgeted funds are sufficient to cover concrete the anticipated expenditure by each department participating in the agreement; and recommending that the City Council authorize a purchase agreement for the non-exclusive purchase of ready mix concrete from various vendors for all City departments on unit prices, with term of agreement to begin July 12, 1991, and end July 11, 1992. It was the consensus Adopted M&C P-5011 of the City Council that the recommendations be adopted. M&C P-5012 re There was presented Mayor and Council Communication No. P-5012 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement to provide with Lady Bugg Exter- termite treatment for all City Departments; stating that budgeted funds are sufficient to urinating Services cover the anticipated expenditure by each department wishing to participate in the agreement; and recommending that the purchase agreement be authorized with Lady Bugg Exterminating Services on its low bid of unit prices of $2.90 per linear foot for spot treatment, and $2.75 per linear foot for full building treatments, with term of agreement Adopted M&C P-5012 to begin June 11, 1991, and end June 10, 1992, with option to renew for one year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5013 re There was presented Mayor and Council Communication No. P-5013 from the City Manager purchase agreement with Nationwide Papers submitting a tabulation of bids received for a purchase agreement to supply Scott dispenser products to various City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the purchase agreement be authorized with Nationwide Papers on its low overall bid of unit prices, with term of agreement to begin June 27, 1991, and end June 26, 1992, with option to renew for one year. It was the consensus of the City Council that the Adopted M&C P-5013 recommendations be adopted. Minutes of City Council S-3 Page 29 .30 Tuesday, June 11, 1991 M&C P-5014 re There was presented Mayor and Council Communication No. P-5014 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide protective with Casco Industries clothing for the Fire Department; stating that funds are available in General Fund GGO1, Subsidiary Account No. 141360, Center No. 0000000; and recommending that the purchase agreement be authorized with Casco Industries on its low bid of unit prices, with term of agreement to begin June 11, 1991, and end June 10, 1992. M&C P-5018 re There was presented Mayor and Council Communication No. P-5018 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide sign posts for with allied Tube and Transportation and Public Works Department; stating that funds are available in General Fund Conduit Corporation GGO1, Center No. 0204002, Account No. 523040; and recommending that the purchase agreement be authorized with Allied Tube and Conduit Corporation on its low overall bid of unit prices net, f.o.b. Fort Worth, Texas, with term of agreement to begin June 3, 1991, and end June Adopted M&C P-5018 2, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5019 re purchase agreement City Manager Ivory corrected Recommendation No. 1 on Mayor and Council Communication Mayor and Council Communication No. P-5019 from the Cit Manager No. P-5014; to read: "A purchase agreement to provide protective clothing from Casco submitting a tabulation of Industries on the low bid of unit prices..." M&C P-5014 approved Department; stating that budgeted funds are sufficient to cover the anticipated expenditure; as amended Council Member Woods made a motion, seconded by Council Member McCray, that Mayor and in General Fund Council Communication No. P-5014 be approved, as amended. When the motion was put to a vote GGO1, Center No. 0208001, by the Mayor, it prevailed unanimously. M&C P-5015 re purchase agreement. There was presented Mayor and Council Communication No. P-5015 from the City Manager with Lesco, Inc. stating that the City Council authorized the purchase of 23 tons of Lebannon elite turf of $5,670.00 net, fertilizer on May 26, 1991, by Mayor and Council Communication No. P-4841 for the Park and f.o.b. Fort Worth. It was the consensus of the City Council that the Recreation Department; that the low substitute bid submitted by Watson Distributing Co., Adopted M&C P-5019 Inc., for this product, meeting City specifications requirements, was accepted based on product information provided by this vendor's representative; that Watson Distributing Co., Inc., has notified the City that the Lebannon product is not in production and proposes to provide a substitute blended fertilizer from Bonus Crop Products; that the Park and Recreation Department finds the substitution product unacceptable in meeting the requirements for golf course greens and tees application, and recommends that the award be made, based on the specific product, to Lesco, Inc.; that the low bid submitted by Mann Farm & Ranch and by Wilbur -Ellis Company were previously rejected as the product proposed by these vendors failed to meet City specifications; stating that funds are available in Golf Fund PE39, Account Number 522030, Center Nos. 0804110, 0804310, 0804510; and recommending that the City Council cancel the purchase award to Watson Distributing Company, Inc., for 23 tons of 20-0-15 Elite Turf fertilizer and authorize the purchase of 23 tons of 20-0-15 Elite Turf fertilizer for the Park and Recreation Department from Lesco, Inc., on its bid, meeting City specifications, of $558.00 per ton for a total amount not to exceed $12,834.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendations Adopted M&C P-5015 be adopted. M&C P-5018 re There was presented Mayor and Council Communication No. P-5018 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide sign posts for with allied Tube and Transportation and Public Works Department; stating that funds are available in General Fund Conduit Corporation GGO1, Center No. 0204002, Account No. 523040; and recommending that the purchase agreement be authorized with Allied Tube and Conduit Corporation on its low overall bid of unit prices net, f.o.b. Fort Worth, Texas, with term of agreement to begin June 3, 1991, and end June Adopted M&C P-5018 2, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5019 re purchase agreement M&C P-5016 re There was presented Mayor and Council Communication No. P-5016 from the City Manager purchase agreement Mayor and Council Communication No. P-5019 from the Cit Manager submitting a tabulation of bids received for a purchase agreement with option to renew with Rich -Mix Pro- submitting a tabulation of annually for two y years for calcium carbonate chalk dust for the Park and Recreation ducts, Inc. i ) herbicide for the Department; stating that budgeted funds are sufficient to cover the anticipated expenditure; Transportation and Public and recommending that the purchase agreement be authorized with Rich -Mix Products, Inc., on in General Fund its low bid, meeting City specifications, of $2.24 per 50 pound bag, for a total amount not GGO1, Center No. 0208001, to exceed $3,360.00 net, f.o.b. Fort Worth, with term of agreement to begin June 1, 1991, purchase be made and end May 31, 1992. It was the consensus of the City Council that the recommendations be from Estes Chemicals, Inc. Adopted M&C, PI -5016,1 adopted. of $5,670.00 net, -pi- M&C -5017 re; ..f There was presented Mayor and Council Communication No. P-5017 from the City Manager purchase agreement-.- f.o.b. Fort Worth. It was the consensus of the City Council that the submitting a tabulation of bids received for golf course flags and poles and related Supply Adopted M&C P-5019 Compi.S.C. Compan�� supplies for the Park and Recreation Department; stating that budgeted funds are sufficient ny to cover the anticipated expenditure; and recommending that the purchase agreement be authorized with H.S.C. Supply` Company on its total overall low bid, meeting City specifications, of unit prices net,, f.o.b. Fort Worth, with term of agreement to begin June 1, 1991, and end May 31, 1992. It was the consensus of the City Council that the Adopted M&C P-5017 I recommendation be adopted. M&C P-5018 re There was presented Mayor and Council Communication No. P-5018 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide sign posts for with allied Tube and Transportation and Public Works Department; stating that funds are available in General Fund Conduit Corporation GGO1, Center No. 0204002, Account No. 523040; and recommending that the purchase agreement be authorized with Allied Tube and Conduit Corporation on its low overall bid of unit prices net, f.o.b. Fort Worth, Texas, with term of agreement to begin June 3, 1991, and end June Adopted M&C P-5018 2, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5019 re purchase agreement There was presented Mayor and Council Communication No. P-5019 from the Cit Manager with Estes Chemicals, submitting a tabulation of bids received for the purchase of 60 gallons of herbicide for the Inc. Transportation and Public Works Department; stating that funds are available in General Fund GGO1, Center No. 0208001, Account No. 522030; and recommending that the purchase be made from Estes Chemicals, Inc. on its low bid, meeting City specifications, of $5,670.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be Adopted M&C P-5019 adopted. M&C P,-,5020 re There was presented Mayor and Council Communication No. P-5020 from the City Manager .Purchase from Puffer. submitting a tabulation of bids received for the purchase of one laboratory refrigerator for Hubbard c/o: the Water Department; stating that funds are available in Water and Sewer Operating Fund PE Scimetrics, Inc. 45, Center No. 0703001, Account Number 541310; and recommending that the purchase be made from Puffer Hubbard c/o Scimetrics, Inc., on its bid, meeting City specifications, of Adopted M&C P-5020 $3,789.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 30 31 Tuesday, June 11, 1991 M&C P-5021 re purchase agreement There was presented Mayor and Council Communication No. P-5021 from the City Manager with Hydro Conduit submitting a tabulation of bids received for a one-year purchase agreement to provide Corporation manhole risers and cones for the Water Department; 'stating that budgeted funds are prices, with term of agreement to begin May 28, 1991, and end May 27, 1992. It was the sufficient to cover the anticipated expenditure; and recommending that the purchase There was presented Mayor and Council Communication No. P-5023 from the City Manager agreement be authorized with Hydro Conduit Corporation on its low overall bid of unit located at Will Rogers Memorial Center; that freon was required to complete maintenance on prices, with term of agreement to begin June 11, 1991, and end June 10, 1992. It was the Adopted M&C P-5021 consensus of the City Council that the recommendations be adopted. the Public Events Department with Carrier Corporation for an amount not to exceed $6,322.82. Adopted M&C P-5023 M&C P-5022 re There was presented Mayor and Council Communication No. P-5022 from the City Manager purchase agreement with Atlas Utility submitting a tabulation of bids received for a purchase agreement for various sizes of joint Supply, Bowles & Eden leak clamps for the Water Department; stating that budgeted,funds are sufficient to cover Company, and 0&R the anticipated expenditure; and recommending that the purchase agreement be authorized with Utilities, Inc. Atlas Utility Supply, Bowles & Eden Company, and 0&R Utilities, Inc., on low bid of unit Sewer Operating Fund prices, with term of agreement to begin May 28, 1991, and end May 27, 1992. It was the Adopted M&C P-5022 consensus of the City Council that the recommendations be adopted. M&C P-5023 re There was presented Mayor and Council Communication No. P-5023 from the City Manager purchase with Carrier stating that, on April 25, 1991, annual inspection was performed on centrifugal chillers Corporation located at Will Rogers Memorial Center; that freon was required to complete maintenance on Council that the these units; stating that funds are available in General Funds GGO1, Center No. 0251000, Account No. 522150; and recommending that the City Council confirm the purchase of freon for the Public Events Department with Carrier Corporation for an amount not to exceed $6,322.82. Adopted M&C P-5023 It was the consensus of the City Council that the recommendation be adopted. M&C P-5024 re There was presented Mayor and Council Communication No. P-5024 from the City Manager purchase from Bear Automotive of North submitting a quotation received for the purchase of one ESD - 1991 - Bar 90 Emission Test Texas Analyzer for the City Services Department; stating that funds are available in Equipment Sewer Operating Fund Services Operating Fund PI61, Center No. 0212050, Account No. 541310; and recommending that and recommending that the repairs be made by the purchase be made from Bear Automotive of North Texas on its quotation of $9,849.00 each net, f.o.b. delivered - Fort Worth. It was the consensus of the City Council that the Adopted M&C, P-5024 11 recommendation be adopted. M&C P-5025 re There was presented Mayor and Council Communication No. P-5025 from the City Manager purchase _agreement submitting a quotation received for a purchase agreement for the purchase of genuine Toro, with Goldthwaite's of McClane, Olathe, Dahaitsu, Kurb-Dresser, and Continental manufacturer's replacement parts Texas, Inc. and engines for the City Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the purchase agreement be authorized with Goldthwaite's of Texas, Inc., on its low -bid of unit prices at manufacturers' suggested list price for Olathe, Dahaitsu, Kurb-Dresser, and Continental, and manufacturer's suggested list price less 12 percent for Toro and McClane engines and parts, with term of agreement to begin June 11, 1991, and end June 10, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the Adopted M&C P-5025 recommendations be adopted. M&C P-5026 re There was presented Mayor and Council Communication No. P-5026 from the City Manager purchase agreement with Ladd Uniform Co. submitting a quotation of bids received for a°one-year purchase agreement to provide uniforms for the City Services Department with two one-year options to renew; stating that funds are available in General Fund GGO1, Center No. 0214002, Account No. 522120; and recommending that the purchase agreement be authorized with Ladd Uniform Co. based on unit prices; and that the agreement be exclusive for the City Services Department, with term of agreement to begin June 11, 1991, and end June 10, 1992, with options to renew for two additional one-year periods., It was the consensus of the City Council that the Adopted M&C P-5026 I recommendations be adopted. M&C P-5027 re There was presented Mayor and Council Communication No. P-5027 from the City Manager purchase agreement with Burly Corporation submitting a tabulation of bids received for a purchase agreement to provide trash and debris removal for the City Services Department with option to renew for one year; stating that funds are available in General Fund GG01, Center No. 0214002, Account No. 539120; and recommending that the purchase agreement be authorized with Burly Corporation on its low overall bid of unit prices, with term of agreement to begin June 11, 1991, and end June 10, 1992, with an option to renew for one year. It was the consensus of the City Council that Adopted.M&C P-5027 the recommendations be adopted. M&C P-5028 re There was presented Mayor and Council Communication No. P-5028 from the City Manager purchase with Tarrant submitting a tabulation of bids received for the purchase of freight elevator repairs for Elevator Service the Water Department; stating that funds are available in Water and Sewer Operating Fund PE45, Center No. 0605003, Account No. 537030; and recommending that the repairs be made by Tarrant Elevator Service on its low bid meeting City specifications of $8,746.40 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be Adopted M&C P-5028 adopted. M&C P-5029 re There was presented Mayor and Council Communication No. P-5029 from the City Manager emergency purchase stating that, during the installation of sewer lines in the 2500 block of Virginia Ave., an from NDRC Laboratories area which was suspected of being contaminated by hazardous waste was inadvertently Inc. excavated; that, as a result, the project was stopped until the disturbed soil could be analyzed in detail; that, due to the potential impact to the health and safety of citizens, staff immediately collected soil samples for analysis; that the complex analysis and quick turnaround required necessitated the use of NDRC Laboratories, Inc., that NDRC has resubmitted its invoice in the amount of $6,826.25; that staff has reviewed the charges, Minutes of City Council S-3 Page 31 3R'D 19.0 Tuesday, June 11, 1991 M&C P-5029 cont. finds them reasonable, and recommends authorization of payment; stating that funds are available in General Fund GG01, Center No. 0906600, Account No. 531060; and recommending that the City Council authorize the emergency purchase from NDRC Laboratories, Inc., for specified emergency laboratory analyses and authorize the City Manager to pay invoices in the amount of $6,828.25 for emergency laboratory analyses provided by NDRC Laboratories, Inc., in August of 1990. It was the consensus of the City Council that the recommendations Adopted M&C P-5029 be adopted. M&C L-10530 re Approved leasing of.stating There was presented Mayor and Council Communication No. L-10530 from the City Manager Lake Worth Lease that the City Council approved the leasing of Lot 20 Block 17 Lake Worth Lease 9 Survey to Mr. Dan Survey, to Mr. Dan Shiro on February 21, 1989, by Mayor and Council Communication No. L-9704 Shiro for $250.00 per year on a year-to-year basis; that the lease was for the purpose of keeping the premises free of trash and debris; that, at this time, Mr. Shiro wishes to cancel the lease; and recommending that the City Council approve the cancellation of Lot 20, Block 17, Lake Worth Lease Survey at the request -of the Lessee. It was the consensus of the City Council that the recommendation be adopted. M&G Lr10531-re,- 7- irregularly-shaped ! There was presented Mayor and Council Communication No. L-10531 from the City Manager temporary constructio recommendin that the Cit g Y pay a total consideration of $1.00 for an irregularly-shaped easement temporary construction easement of various widths and approximately 130.40 feet in length out .of Lots 31 and 32, Block 104, Chamberlin Arlington Heights, Second Filing, as recorded in Volume 6716, Page 2227, Deed Records, Tarrant County, Texas; same land being located on the southeast corner of Lot 32 and along the right-of-way line of Humbert Avenue; located M&C L-10533 re a.tri,angularly- at 5216 Humbert Avenue; owned by Bessie Shields; and required for drainage improvements at shaped permanent Blackmore Avenue. It was the consensus of the City Council that the easement be acquired easement ' =''' as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670951070, Account No. 541100. M&C L-10532 re irregulary-shaped There was presented Mayor and Council Communication No. L-10532 from the City Manager permanent easement recommendin that the Cit g Y pay a total consideration of $1.00 for an irregularly-shaped permanent easement 52.16 feet in width and approximately 65.70 feet in length out of Lots 9-11, Block 104, Chamberlin Arlington Heights, Second Filing, as recorded in Volume 9055, Page 2012, Deed Records, Tarrant County, Texas; same being located along the south right-of- way line and 5200 block of Blackmore Avenue; an irregularly-shaped temporary construction easement of various widths and lengths out of Lots 9-12, and being the same volume and page number as the permanent easement; same being located along the south and west boundary lines of the permanent easement; and a triangularly -shaped temporary construction easement out of Lot 9, and being same volume and page numbers as the above-described permanent easement, located along the east boundary line of the permanent easement; owned by Donna Gayle Hubbard; and required for drainage improvements at Blackmore Avenue. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Street Improvement, Funds GS67, Center No. 016670951070, Account No. 541100. M&C L-10533 re a.tri,angularly- There was presented Mayor and Council Communication No. L-10533 from the City Manager shaped permanent recommendin that the Cit g Y pay a total consideration of $1.00 for a triangularly -shaped easement ' =''' permanent easement along the west boundary of Lot 8, Block 104, Chamberlin Arlington Heights, Second Filing, as recorded in Volume 7609, Page 227, Deed Records, Tarrant County, Texas; same being 14.16 feet in length along the east boundary and 4.12 feet in length along the south boundary and 14.74 feet along the hypotenuse and an irregularly-shaped temporary construction easement out of Lots 7 and 8, Block 104, with same legal description as the above-described permanent easement; being 180 feet in length and of various widths, and being located adjacent to the south right-of-way of the 5200 Block of Blackmore; located at 5213 Blackmore Avenue; owned by Barnel1 Mitchell; and required for drainage improvements at Blackmore Avenue. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670951070, Account No. 541100. M&C L-10534 re a rectangularly- There was presented Mayor and Council Communication No. L-10534 from the City Manager shaped permanent recommending that the City pay a total consideration of $1.00 for a rectangularly -shaped drainage easement permanent drainage easement 42.95 feet in width and 60.15 feet in length out of Lots 29 and 30, Block 93, Chamberlin Arlington Heights, Second Filing, as recorded in Volume 5975, Page 722, Deed Records, Tarrant County, Texas; same being located along the north right-of-way line and the 5200 Block of Blackmore Avenue and an irregularly-shaped temporary construction easement 125 feet in length and being of various widths out of Lots 29 and 30, Block 93, Chamberlin Arlington Heights, Second Filing, and recorded in the same volume and page number as the permanent drainage easement described above; same being located adjacent to the east and south boundaries of the above drainage easement; located in the 5200 Block of Blackmore Avenue; owned by Guy L. Bass, Jr., Trustee; and required for drainage improvements at' Blackmore Avenue. It was the consensus of ,the City Council that the easements be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670951070, Account No. 541100. M&C L-10535 re There was presented Mayor and Council Communication No. L-10535 from the City Manager a rectangularly- recommendingthat the Cit shaped temporary con- Y pay a total consideration of $1.00 fora rectangularly -shaped structite easement temporary construction easement 12.95 feet in width and 125 feet in length out of Lot 31, Block 93, Chamberlin Arlington Heights, Second Filing, as recorded in Volume 5041, Page 383, Deed Records, Tarrant County, Texas; same being located adjacent to and parallel to the west boundary line of Lot 31; located at 5218 Blackmore Avenue; owned by Earl S. and Ella L. Smith; and required for drainage improvements at Blackmore Avenue. It was the consensus of Minutes of City Council S-3 Page 32 3 3 Tuesday, June 11, 1991 M&C L-10535 cont. the City Council that the easement be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670951070, Account No. 541100. M&C L-10536 re There was presented Mayor and Council Communication No. L-10536 from the City Manager approval of City - owned property at stating that Lot 42A, Block 6, also known as 8249 Cahoba, is City -owned property at Lake Lake'Worth' Worth; that the improvements were purchased by the City in January 1986 by Mayor and Council Communication No. L-8722; that the house was rented until February 1990 but has remained vacant since that time and has been severely vandalized; that the house and lot were advertised for sale on January 20, 1991; that the high bid was $49,500.00 for the land and improvements; stating that receipts for the sale will be deposited in Lake Worth Trust Fund FE70, Center No. 016001002000, Account No. 444000; and recommending that the City Council approve the sale of Lot 42A, Block 6, Lake Worth Lease Survey, also known as 8249 Cahoba Drive, for the high bid of $49,500.00 by Tony Smith and authorize the City Manager to execute the appropriate deed for the sale. On motion of Council Member Meadows, seconded by Council Member McCray, the recommendations were adopted. M&C C-12905 re There was presented Mayor and Council Communication No. C-12905 from the City Manager, Amendment to Job as follows: Training Partnership • Act Title IIA SUBJECT: AMENDMENT TO JOB TRAINING PARTNERSHIP ACT TITLE IIA 6% AFDC CONTRACT WITH TEXAS DEPARTMENT OF COMMERCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to the Job Training Partnership Act Title IIA 6% (AFDC) contract with Texas Department of Commerce increasing the amount of the contract by $20,000.00 to a new total contract amount of $62,168.00 for the contract period July 1, 1990, to June 30, 1991. DISCUSSION: The Texas State Job Training Coordinating Council in its May 1990 meeting targeted Title IIA 6% funds to be allocated to Service Delivery Areas for development of specific projects for serving AFDC recipients and to encourage coordination with Texas Department of Human Services in the implementation of the Job Opportunities and Basic Skills Program. Texas Department of Commerce subsequently issued notification to the Fort Worth Consortium of the reserve of $42,168 in Title IIA 6% (AFDC) funds as an incentive to increase services and training for Aid to Families with Dependent Children (AFDC) Recipients. On August 21, 1990, through M&C C-12483, City Council authorized execution of a contract with Texas Department of Commerce in the amount of $42,168 for Title IIA (6%) Services to AFDC Recipients for the contract period July 1, 1990, to June 30, 1991. Through the reallocation process for de -obligated funds, Texas Department of Commerce has reserved an additional $20,000 in 6% funds for the Fort Worth Consortium pending submission and approval of a plan amendment incorporating the additional funds. The Title IIA 6% funds are being used to augment Title IIA services to AFDC recipients through implementation of the AFDC Pilot Project (PROJECT START) whose purpose is to provide a collaborative effort in addressing the employability needs of the AFDC population. The project is a case management project combining the efforts and resources of JTPA, Texas Department of Human Services, and Fort Worth Independent School District. The additional funds will be used to enhance the computer assisted learning center which is an integral component to the AFDC Pilot Project. REVISED BUDGET Administration $18,650 Services 0 Training 43,518 Total $62,168 FINANCING The availability of funds will be contingent upon execution of the amended contract with Texas Department of Commerce. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12905, be adopted. Minutes of City Council S-3 Page 33 3'I Tuesday, June 11, 1991 M&C C-12906 re contract for assess- There was presented Mayor and Council Communication No. C-12906 from the City Manager stating that the City Council Mayor ment paving and water approved and Council Communication No. C-12849 on May 7, 1991, for assessment line replacements in paving and water line replacements in Old Hemphill Road, Sheridan Old Hemphill Road, Road North, Sheridan Road, and Valera Court; that the action authorized a fund transfer from Sheridan Road North, Water and Sewer Operating Fund to Water Capital Improvement Fund PW53, Center Sheridan Road, and. No. 060530170630; that the MARS System Center No. in Recommendation No. 1 and the Financing Valera Court sections was shown to be 060530170630 which was incorrect and should be corrected to read Company, Inc. 060530171630; stating that no funding is required; and recommending that Mayor and Council Communication No. C-12849 be amended. It was the consensus of the City Council that the recommendation be adopted. M&C C-12907 re contract with,Archi- There was presented Mayor and Council Communication No. C-12907 from the City Manager tectural Utilities, submitting a tabulation of bids received for the installation of remote operated butterfly Inc. valves and vaults at Eastwood Elevated Tank, East Side Pump Station and Fleetwood Ground Storage Reservoir; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $130,884.00 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020 to Water Capital Improvement Fund PW53, Center No. 060530171380, Installation of Butterfly Valves and Vaults at Eastwood Elevated Tank, East Side Pump Station and Fleetwood Ground Storage Reservoir, and 14 1. Approve the following bond fund transfers: GS67-020670232010 GS67-020670288750 $465,859.72 To provide funds for Crowley Road, Sunset Heights construction of the From Alta Mesa to Railroad Culvert culvert under railroad Risinger plus 3% for possible change orders. GS67-020670288650 GS67-020670288750 $141,865.83 To provide funds for Eisenhower/ Sunset Heights construction of the Rosedale Drainage Railroad Culvert culvert under Railroad plus 3% for possible change orders. GS67-020670288650 GS67-020670288750 $141,865.83 To provide funds for Eisenhower/ Sunset Heights construction of the Rosedale Drainage Railroad Culvert culvert under Railroad plus 3% for possible change orders. !I GS67-020670288680 GS67-020670288750 $46,554.30 To provide funds for Lake Street Storm Sunset Heights construction of the Drain Railroad Culvert culvert under Railroad plus 3% for possible change orders. GS67-020670288460 GS67-020670288750 $131,706.18 To provide funds for Crestwood Drive Sunset Heights construction of the Storm Drain Railroad Culvert culvert under Railroad plus 3% for possible change orders. Minutes of City Council S-3 Page 34 2. Authorize the City Manager to execute a construction contract with Architectural Utilities, Inc., for the Installation of Remote Operated Butterfly Valves and Vaults at Eastwood Elevated Tank, East Side Pump Station and Fleetwood Ground Storage Reservoir on the low bid of $120,080. It was the consensus of the City Council that the recommendations be adopted. M&C C-12908 re There was presented Mayor and Council Communication No. C-12908 from the City Manager construction contract wtih Onyx Construction submitting a tabulation of bids received for the Rechlorination Facilities at Westland and Company, Inc. Caylor Storage Tanks; and recommending that the City Council authorize a fund transfer in the amount of $83,160.00 from Water and Sewer Operating Fund PE45, Center No. 0609020 to Water Capital Improvement Fund PW53, Center No. 060530171980, Rechlorination Facilities at Westland and Caylor Storage Tanks and authorize the City Manager to execute a construction contract with Onyx Construction Company, Inc., for the Rechlorination Facilities at Westland and Caylor Storage Tanks on its low bid of $72,520.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-12909 re construction of a tun- There was presented Mayor and Council Communication No. C-12909 from the City Manager nel under the Centen- submitting a tabulation of bids received for construction of a tunnel under the Centennial nial Railroad Yards Railroad Yards for the Sunset Heights Drainage Improvements; and recommending that the City Council authorize the City Manager to: 14 1. Approve the following bond fund transfers: GS67-020670232010 GS67-020670288750 $465,859.72 To provide funds for Crowley Road, Sunset Heights construction of the From Alta Mesa to Railroad Culvert culvert under railroad Risinger plus 3% for possible change orders. GS67-020670288650 GS67-020670288750 $141,865.83 To provide funds for Eisenhower/ Sunset Heights construction of the Rosedale Drainage Railroad Culvert culvert under Railroad plus 3% for possible change orders. GS67-020670288650 GS67-020670288750 $141,865.83 To provide funds for Eisenhower/ Sunset Heights construction of the Rosedale Drainage Railroad Culvert culvert under Railroad plus 3% for possible change orders. !I GS67-020670288680 GS67-020670288750 $46,554.30 To provide funds for Lake Street Storm Sunset Heights construction of the Drain Railroad Culvert culvert under Railroad plus 3% for possible change orders. GS67-020670288460 GS67-020670288750 $131,706.18 To provide funds for Crestwood Drive Sunset Heights construction of the Storm Drain Railroad Culvert culvert under Railroad plus 3% for possible change orders. Minutes of City Council S-3 Page 34 M&C C-12909 cont. 35 Tuesday, June 11, 1991 GS67-020670371270 GS67-020670288750 $609,900.97 To provide funds for Como Lake Dam Sunset Heights construction of the Railroad Culvert culvert under Railroad plus 3% for possible change orders. GS67-020670232040 GS67-020670288750 $472,767.95 To provide funds for U.S. Highway 80 Sunset Heights construction of the Railroad Culvert culvert plus 3% for possible change orders. 2. Execute a contract with Humphrey and Morton Construction Company, Inc., in the amount of $1,814,228.11 and one hundred and ten (110) working days for the construction of a tunnel under the Centennial Railroad yards to implement this phase of the Sunset Heights Drainage Improvements. Council Member Meadows expressed appreciation of the City Council to City Manager's Office and to the Transportation and Public Works Department for the immediate attention given to the Sunset Heights area floodway improvements between West Vickery Boulevard and the Clear Fork of Trinity River, and made a motion, seconded by Mayor Pro tempore Webber, that Mayor and Council Communication No. C-12909, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12910 re There was presented Mayor and Council Communication No. C-12910 from the City five-year lease re- Manager stating that the Corps of Engineers leases office space in the Municipal Parking newal contract Garage as an office for recruitment for the major military services; that the lease under which the Corps pays $3,930.41 monthly rental will expire August 31, 1991; that the proposed lease renewal is for five one-year terms, automatically renewable from year-to- year, which will expire August 31, 1996; that, under the new contract, annual square footage rental will increase to $10.93, or $3,935.00 a month; stating that the Parking Division of the Real Property Management Department is responsible for collection of funds due the City under this contract; and recommending that the City Manager be authorized to execute and sign a five-year lease renewal contract proferred by the United States Corps of Engineers for 4320 square feet of office space located in the Municipal Parking Garage at the rate of $3,935.00 monthly. It was the consensus of the City Council that the recommendation be adopted. M&C C-12911 re There was presented Mayor and Council Communication No. C-12911 from the City Proposed Change Order Manager, as follows: No. 3 with Architec- tural Utilities, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 3 MEACHAM AIRPORT (PAGE AVJET) ARCHITECTURAL UTILITIES, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve proposed Change Order No. 3 in the amount of $41,115.00 and twelve (12) additional calendar days and increase City Secretary Contract No. 18092 with Architectural Utilities, Inc., to $1,155,439.10 and 117 calendar days for construction of the Meacham Airport Page Avjet facility. BACKGROUND: On September 18, 1990 (M&C C-12513), the City Council awarded a contract in the amount of $1,079,595.60, and 105 calendar days to Architectural Utilities, Inc., to construct the Meacham Airport Page Avjet facility. This was assigned City Secretary Contract No. 18092. Subsequent approvals of Change Orders No. 1 and 2 increased the contract to $1,114.304.10 and 105 calendar days. DISCUSSION: The Fire Inspection office placed a higher requirement for fire fighting within the hangar than was originally provided .in the plans. This requires upgrading the foam pumps, increasing the size of the foam line, increasing the foam reserve tank size, and providing foam to conduct the acceptance test. The contractor has agreed to provide this additional upgrading for a total of $30,635.00. Additionally, it is necessary to place concrete pavement adjacent to the hangar and erect a chain link fence with gate, for which the contractor has agreed to provide for a total of $10,480.00, for a combined total of $41,115.00 and twelve (12) additional calendar days. Engineering staff has reviewed this proposal and find the costs to be reasonable and proper. Minutes of City Council S-3 Page 35 Tuesday, June 11, 1991 M&C C-12911 cont. 11 CONTRACT COST: Original Contract Cost: $1,079,595.60 Approved Change Orders No. 1 and 2: 34,728.50 Proposed Change Order No. 3: 41,115.00 Proposed Contract Cost: $1,155,439.10 Approval of this change order will increase the original contract amount by 3.81% for a combined total increase of 7.03%. FINANCING: Sufficient funds are available in Aviation Improvements Fund GC24, Center No. 020240438130, Runway Reinforcement. Expenditures will be made from Account No. 541200. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12911, be adopted. M&C C-12912 re There was presented Mayor and Council Communication No. C-12912 from the City contract with Texas Manager stating that the City Council approved the Job Training Partnership Act Title IIA Department of Commerc Plan for 1990 and authorized execution of a contract with Texas Department of Commerce on May 22, 1990, by Mayor and Council Communication No. C-12333 in the amount of $4,843,458.00 for implementation of the Title IIA Plan for the period beginning July 1, 1990, and ending June 30, 1991; that City Council authorized an amendment to Title IIA contract on February 19, 1991, by Mayor and Council Communication No. C-12739 to incorporate $754,153.00 in carry-over funds from 1989, and an incentive award of $172,349.00 thus increasing the total contract to $5,769,960.00; that, in response to a request from the Fort Worth Consortium for additional Title IIA funds, Texas Department of Commerce has notified the Service Delivery Area that $229,813.00 in re -obligated funds has been reserved to be added to the Title IIA contract for 1990 pending submission and approval of a contract amendment; that the additional funds will enable the Fort Worth Consortium to continue to provide supportive services of child care and needs based payments for participants enrolled in classroom training activities; stating that the availability of funds will be contingent upon execution of the contract amendment with Texas Department of Commerce; and recommending that the City Manager be authorized to execute an amendment to the Title IIA Program Year 1990 contract with Texas Department of Commerce increasing the amount of the contract by $229,813.00 to a new total contract amount of $5,999,773.00 for the contract period July 1, 1990, to June 30, 1991. It was the consensus of the City Council that the recommendation be adopted. M&C C-12913 re - There was presented Mayor and Council Communication No. C-12913 from the City award of demolition Manager, as follows: contract to Don Hunt D/B/A American Waste SUBJECT: CANCEL AWARD OF DEMOLITION CONTRACT TO SUNBELT CORPORATION• Company REMOVAL OF SUNBELT CORPORATION FROM LIST OF AUTHORIZED VENDORS; AWARD OF DEMOLITION CONTRACT FOR UNIT 25 PROPERTY LOCATED AT 933 EAST ANNIE STREET TO DON HUNT D/B/A AMERICAN WASTE COMPANY RECOMMENDATION: It is recommended that the City Council: 1. Cancel the award of contract, M&C G-9129, to Sunbelt Corporation for the demolition of Unit No. 25, property located at 933 East Annie Street, and 2. Authorize the removal of Sunbelt Corporation from the City's vendor list of eligible bidders, and 3. Authorize a contract for demolition of a structure for the City Services Department based on the second lowest and best bid per unit basis as follows: a. Don Hunt d/b/a American Waste Company $2,500.00 Total amount not to exceed $2,500.00 f.o.b., Fort Worth, Texas. nT, (riISCTnN- On April 30, 1991, M&C G-9129, the City Council authorized a contract for the demolition and removal of Unit No. 25 property located at 933 East Annie Street to Sunbelt Corporation. The vendor, Sunbelt Corporation, was contacted for the purpose of executing a contract in order to proceed with abatement. The vendor informed staff that it was not economically feasible to send employees and equipment to Fort Worth from San Antonio to perform the demolition of one structure. Sunbelt Corporation acknowledges that the bid specifications clearly stated that the properties scheduled for abatement would be awarded on a low bid per item basis. Further, the vendor Minutes of City Council S-3 Page 36 Tuesday, June 11, 1991 M&C C_12913 cont. understands that its failure to perform will result in its disqualification as an eligible bidder. In order to proceed with the abatement of the substandard property located at 933 East Annie Street, the second lowest bidder was contacted. Don Hunt d/b/a American Waste Company has agreed to honor their price as quoted in April 1991. The property owner was previously notified of the scheduled abatement and has not responded. FINANCING: Sufficient funds are available in the General Fund GGO1, Center No. 0214002, City Services, Inspection Division. Expenditures will be made from Account No. 539120. On motion of Mayor Pro tempore Webber, seconded by Council Member Webber, the recommendations, as contained in Mayor and Council Communication No. C-12913, were adopted. Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-9178 be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9178 re There was presented Mayor and Council Communication No. G-9178, dated June 4, 1991, refund for tax over- payment' from the City Manager stating that the Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified erroneous payment or overpayments were made and recommends refund from General Fund GG01, Center No. 0134020, Account No. 411012, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0018-98-63 LOT C BLK C MOODY, WAYLAND II $ 991.72 1990 TAXES BELVEDERE ESTATES (CITY & SCHOOL) TAXES PAID TWICE 0041-27-75 LOT 31 BLK 12 NCNB MORTGAGE CORP. 2,102.18 1990 TAXES CANDLERIDGE ADD (CITY & SCHOOL) TAXES PAID ON WRONG ACCT. 0209-75-32 LOT 20 BLK 21 CENTRE SAVINGS ASSOC. 5,321.18 1990 TAXES OVERTON PARK ADD (CITY & SCHOOL) TAXES PAID TWICE 0276-47-92 LOT - BLK 35 DEPT. OF VETERANS 923.56 1990 TAXES SILVER LAKE ADD AFFAIRS (CITY & SCHOOL) TAXES PAID TWICE 0284-63-06 LOT 6 BLK 102 SUNBELT NATIONAL MTG. 1,871.57 1990 TAXES SOUTH HILLS ADD (CITY& SCHOOL) TAXES PAID TWICE 0287-51-60 LOT 1 BLK 8 KILPATRIC, 1,771.96 1990 TAXES SOUTH RIDGE ADD JAMES BRYAN (CITY & SCHOOL) TAXES PAID TWICE 0347-25-74 LOT 30 BLK 14 FLEET MORTGAGE CORP. 903.35 1990 TAXES WEST PARK ADD (SCHOOL ONLY) TAXES PAID TWICE 0477-06-92 LOT 2R BLK 15 DEPT. OF VETERANS 764.99 1990 TAXES GREENBRIAR ADD AFFAIRS (SCHOOL ONLY) TAXES PAID TWICE 0506-51-78 LOT 19' BLK 2 STATESMAN 1,000.00 1989 TAXES LEGACY WEST PH#1 SEC. 3 MORTGAGE CO. (CITY ONLY) OVERPAYMENT Minutes of City Council S-3 Page 37 M&C G-9178 cont. Tuesday, June 11, 1991 0567-81-96 AB 1680 TR 1CO3 COMPUTALOG 700.61 1990 TAXES WILBURN, JAMES S. SUR WIRELINE PROD. (SCHOOL ONLY) C/O JAMES HALL ASSOC. INC. TAXES PAID TWICE 0603-76-31 LOT 3 BLK 9 COLONIAL 1,025.43 1990 TAXES RIDGLEA CREST ADD SAVINGS & LOAN (CITY & SCHOOL) TAXES PAID TWICE 0628-04-98 LOT 18 BLK 46 1990 TAXES MEADOW CREEK #1 ADD (CITY ONLY) TAXES PAID TWICE FLEET MORTGAGE CORP. 562.39 TOTAL $17,939.00 Mayor Granger advised City Council of her need to abstain from voting on Mayor and Council Communication No. G-9178. At this time Council Member McCray assumed the Chair. Council Member Puente made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9178 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: I� AYES: Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell NOT VOTING: Mayor Granger and Mayor Pro tempore Webber Council Member Meadows made a motion, seconded by Council Member Puente, that Mayor econsidered M&C and Council Communication No. G-9178 be reconsidered at this time. -9178 There was presented Mayor and Council Communication No. G-9178, dated June 4, 1991, from the City Manager stating that the Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified erroneous payment or overpayments were made and recommends refund from General Fund GGO1, Center No. 0134020, Account No. 411012, as follows: ACCOUNT NO. LEGAL DESCRIPTION 0018-98-63 LOT C BLK C 1990 TAXES BELVEDERE ESTATES (CITY & SCHOOL) TAXES PAID TWICE NAME MOODY, WAYLAND II 0041-27-75 LOT 31 BLK 12 NCNB MORTGAGE CORP. 1990 TAXES CANDLERIDGE ADD (CITY & SCHOOL) TAXES PAID ON WRONG ACCT. 0209-75-32 LOT 20 BLK 21 1990 TAXES OVERTON PARK ADD (CITY & SCHOOL) TAXES PAID TWICE 0276-47-92 LOT - BLK 35 1990 TAXES SILVER LAKE ADD (CITY & SCHOOL) TAXES PAID TWICE 0284-63-06 LOT 6 BLK 102 1990 TAXES SOUTH HILLS ADD (CITY& SCHOOL) TAXES PAID TWICE 0287-51-60 LOT 1 BLK 8 1990 TAXES SOUTH RIDGE ADD (CITY & SCHOOL) TAXES PAID TWICE CENTRE SAVINGS ASSOC. DEPT. OF VETERANS AFFAIRS SUNBELT NATIONAL MTG. KILPATRIC, JAMES BRYAN Minutes of City Council S-3 Page 38 AMOUNT $ 991.72 2,102.18 5,321.18 923.56 1,871.57 1,771.96 Tuesday, June 11, 1991 Reconsideration of 0347-25-74 LOT 30 BLK 14 FLEET MORTGAGE CORP. 903.35 M&C G-9178 cont. 1990 TAXES WEST PARK ADD (SCHOOL ONLY) TAXES PAID TWICE 0477-06-92 LOT 2R BLK 15 DEPT. OF VETERANS 764.99 1990 TAXES GREENBRIAR ADD AFFAIRS (SCHOOL ONLY) TAXES PAID TWICE 0506-51-78 LOT 19 BLK 2 STATESMAN 1,000.00 1989 TAXES LEGACY WEST PH#1 SEC. 3 MORTGAGE CO. (CITY ONLY) OVERPAYMENT 0567-81-96 AB 1680 TR 1CO3 COMPUTALOG - 700.61 1990 TAXES WILBURN, JAMES S. SUR WIRELINE PROD. (SCHOOL ONLY) C/O JAMES HALL ASSOC. INC. TAXES PAID TWICE 0603-76-31 LOT 3 BLK 9 COLONIAL 1,025.43 1990 TAXES RIDGLEA CREST ADD SAVINGS & LOAN (CITY & SCHOOL) TAXES PAID TWICE 0628-04-98 LOT 18 BLK 46 FLEET MORTGAGE CORP. 562.39 1990 TAXES MEADOW CREEK #1 ADD (CITY ONLY) TAXES PAID TWICE TOTAL $17,939.00 M&C G-9178 continued for one Council Member Meadows made a motion, seconded by Council Member Silcox, that week consideration of Mayor and Council Communication No. G-9178 be continued for one week. When the motion was put to a vote by Council Member McCray, it prevailed by the following vote: AYES: Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Chappell NOT VOTING: Mayor Granger and Mayor Pro tempore Webber Hearing on proposed It appearing to the City Council that the hearing on proposed curfew ordinance for curfew ordinance children was set for todays City Council meeting and that notice of the hearing was published in Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on June 10, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Robert Gutierrez re porposed curfew Mr. Robert Gutierrez, 2604 Northwest 22nd, appeared before the City Council and ordinance expressed support of the proposed curfew ordinance. Mr. Tom Oliver re Mr. Tom Oliver, 4013 8th Avenue, appeared before the City Council and expressed proposed curfew ordin- support for the proposed curfew ordinance. Mr. Oliver advised the City Council that he ance is in full support of the project regarding Sunset Heights Floodway Improvements (M&C C- 12909), but inquired as to the bond fund transfer.taking money from Crowley Road Project for the Sunset Heights Railroad Culvert and questioned the City Council as to when the money would-be placed back into the Crowley Road Project. Mr. Oliver was advised by City Manager Ivory that staff would obtain the answer to his question before the end of the City Council meeting. Mr. Marshall Hobbs re Mr. Marshall Hobbs, 3020 Lee Avenue, Chairman of the Youth Commission, appeared curfew ordinance before the City Council and stated that, after reviewing the survey taken by the Youth Commission, a considerable number of youth were in support of the curfew ordinance. MS. Martha McPherson Ms. Martha McPherson, 1609 Harrington, Chairman of the Telephone Bank for Belmont re proposed curfew Terrace, appeared before the City Council and expressed support for the proposed curfew ordinance ordinance. Ms. Omega Holley re Ms. Omega Holley, 4500 Trueland Drive, appeared before the City Council and curfew ordinance expressed support for the proposed curfew ordinance. Mr. Robert Fernandez Mr. Robert Fernandez, 6604 Chestnut Court, representing the Citizens' Crime re proposed curfew Commission of Tarrant County, appeared before the City Council and read a letter in ordinance support of the proposed curfew ordinance. Minutes of City Council S-3 Page 39 J� ji i Tuesday, June 11, 1991 Mr. Vernon Edwards rej . Mr. Vernon Edwards, 2309 South Hughs, appeared before the City Council and proposed curfew ordin expressed support for the proposed curfew ordinance. ance The Reverend Howard Carver re proposed The Reverend Howard Caver, Pastor of World Missionary Baptist Church, 1200 East ordinance Bessie Street, appeared before the City Council and expressed support of the proposedcurfew curfew ordinance, but expressed reservations with regard to the proposed curfew ordinance and suggested that a curfew be placed on the curfew ordinance so that the ordinance would automatically destruct after one-year at which time the effectiveness of the ordinance would be reviewed and requested that the ordinance be circulated in the communities. City Attorney Adkins City Attorney Adkins advised the audience that copies of the proposed curfew re curfew ordinance ordinance are available in the Office of the City Secretary and advised The Reverend Caver that his reservations would be responded to in writing. Mr. Harry Walker re curfew ordinance Mr. Harry Walker, 7325 Calmont, Roller Skating Rink Operator, appeared before the City Council and stated that he was in support of the curfew ordinance in spirit, but urged the City Council to amend the ordinance whereby he could operate after-hours and on special occasions or that he be granted a permit to operate after-hours. Ms. Wanda Bell re Ms. Wanda Bell, 6009 Trail Lake Drive, appeared before the City Council and curfew ordinance expressed opposition to the proposed curfew ordinance. Mr. Eloy Sepulveda re curfew ordinance Mr. Eloy Sepulveda, President of the United Hispanic Council, 201 East Belknap, appeared before the City Council and expressed opposition to the proposed curfew ordinance. Mr. Juan Saenz re curfew ordinance Mr. Juan Saenz, 1609 Homan, appeared before the City Council and expressed opposition to the proposed curfew ordinance. Mr. Philip ArmstrongII Mr. Philip Armstrong, 1004 Park Drive, appeared before the City Council and re curfew ordinance I expressed opposition to the proposed curfew ordinance. Mr. Jerry Ray re Mr. Jerry Ray, 400 Parkdale, appeared before the City Council and expressed curfew ordinance , opposition to the proposed curfew ordinance. Ms. Rebecca Mack re curfew ordinance' , Mr. Will Ingram re curfew ordinance Mr. Bill Leary re curfew ordinance Mr. Robert Snoke re curfew ordinance Mr. Chris Jackson re curfew ordinance Ms. Rebecca Mack, 1104 East Ramsey, appeared before the City Council and expressed opposition to the proposed curfew ordinance. Mr. Will Ingram, 3908 Clotell, appeared before the City Council and expressed opposition to the proposed curfew ordinance. Mr. Bill Leary, 3741 Lawndale, appeared before the City Council and expressed support for the proposed curfew ordinance. Mr. Robert Snoke, 3826 6th Avenue, representing Rosemont Executive Committee, appeared before the City Council and expressed support for the proposed curfew ordinance. Mr. Chris Jackson appeared before the City Council and expressed support for the proposed curfew ordinance. Ms. angelina Lugo re Ms. Angelina Lugo, representing the Hispanic Womens' Network of Texas, appeared curfew ordinance before the City Council and expressed concerns relative to the enforcement of the proposed curfew ordinance and suggested that the City Council look at the type of recreation that is being provided to the children and stated that the City Council perhaps should increase the hours that the recreational facilities are open. Resolution No. 1723 It appearing to the City Council that Resolution No. 1723 was adopted by the City Council on May 21, 1991, setting today as the date for hearing in connection with the recommended changes and amendments concerning Ordinance No. 3011 and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on May 27, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Daniel Joslin re Mr. Daniel Joslin, representing Star Enterprise, applicant for a change of zoning representing Star of property located at 404, 408, and 412 East Seminary Drive and 409 and 413 East Enterprise, applicant Thornhill Drive from "E" Commercial to "PD/SU" Planned Development/Specific Use for for a change of zoning retail sales, gasoline sales, car wash, and sales of alcoholic beverages for off -premise consumption, Zoning Docket No. Z-91-021, appeared before the City Council and advised the City Council that, at the time the City Zoning Commission heard the case, a request was made for the waiver of the site plan but there was no discussion regarding the case and a motion was made to approve the zoning case, but did not include the waiver of the site plan; and advised City Council that it is his belief that it was the intention of the City Zoning Commission to grant the requested waiver of site plan and requested that City Council give favorable consideration to the recommended change in zoning and approve the waiver of site plan. Minutes of City Council S-3 Page 40 41 Tuesday, June 11, 1991 Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City waiver of -site plan Council and advised the City Council that he does not think that the Zoning Commission or staff would have a problem with a waiver of the site plan and stated that it was an oversight of the City Zoning Commission not to include it in the motion. application of Star Mayor Pro tempore Webber made a motion, seconded by Council Member Woods, that the Enterprise for change application of Star Enterprise for a change of zoning of property located at 404, 408, and of zoning approved as amended 412 East Seminary Drive and 409, and 413 East Thornhill Drive from "E" Commercial to "PD/SU" Planned Development/Specific Use for retail sales, gasoline sales, car wash, and sales of alcoholic beverages for off -premise consumption, Zoning Docket No. Z-91-021, be approved, as amended, with waiver of site plan. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City request for the appli Council and advised the City Council that the proposed language for the "PD/SU" Planned cation of philip Garcia amended Development/Specific Use zoning request for the application of Philip Gracia needs to be amended by the deletion of the words "including but not limited to" and replacing it with "for", so that the recommended change in zoning would be from "A" One -Family to "PD/SU" Planned Development/Specific Use for a landscape maintenance facility with a general office located in the eastern structure and a security office/residence located in the western structure, and stabling of five horses for private use provided that no business transactions occur on the property, that there is no outside storage of equipment or supplies and that the location of fencing, signage and parking is properly designated on the required site plan. Zoning Ordinance No. 3011 amendments There being no one else present desiring to be heard in connection with recommended and changes changes and amendments to Zoning Ordinance No. 3011, Council Member Woods made a motion, seconded by Council Member Meadows, that the hearing be closed and that the recommended changes in zoning, be approved, as follows: Mr. Phillip Gracia re Z-91-029 PHILLIP GRACIA by H. Dennis Hopkins z-91-029 7063, 7067, 7071, & 7107 Anderson Boulevard From "A" One -Family to "PD/SU" Planned Development/Specific Use for a landscape maintenance facility with a general office located in the eastern structure and a security office/residence located in the western structure, and stabling of five horses for private use provided that no business transactions occur on the property, that there is no outside storage of equipment or supplies and that the location of fencing, signage and parking is properly designated on the required site plan. Hillwood Development Z-91-035 HILLWOOD DEVELOPMENT CORPORATION by H. Dennis Hopkins Corporation re Southeast Corner of Keller -Haslet Road and I.H. 35W z-91-035 From Unzoned to "G" Commercial YMCA of Metropolitan 11 Z-91-036 YMCA OF METROPOLITAN FOR WORTH by Brad Kimura, Vice President of for Fort Worth re Operations z-91-036 8250 McCart Avenue From "C" Multi -Family to "C -F" Community Facilities Ms. Bea Harrell and Z-91-039 BEA HARRELL AND CRAIG CARTWRIGHT Craig Cartwright re 321-333 North Riverside Drive z-91-039 From "E" Commercial to "F -R" Restricted Commercial Pride Properties Dev- Z-91-042 PRIDE PROPERTIES DEVELOPMENT, L.P. by LandCon Inc. elopment, L.P. re 8300-8500 Block McCart Avenue z-91-042 From "R-1" Residential to "A" One -Family Osteopathic Medical Z-91-043 OSTEOPATHIC MEDICAL CENTER OF TEXAS by William.Houp for FRS Design Center of Texas re z-91-043 I Group, Inc. 3604 Clarke Avenue From "F" and "G" Commercial to "C -F" Community Facilities Ms. Hortencia Rhima Z-91-044 HORTENCIA RHIMA by Liza Rhima - re z-91-044 4700 East Lancaster Avenue and 401 Edgewood Terrace From "E" Commercial to "PD/SU" Planned Development/Specific Use permitting all uses in the "F" Commercial District except sale of alcohol for on -premise consumption,, arcades and amusement enterprises, sexually oriented businesses, and no outside display or storage of merchandise. Waiver of site plan recommended. Minutes of City Council S-3 Page 41 ,31 Tuesday, June 11, 1991 Leighton McWilliams r Z-91-045 LEIGHTON McWILLIAMS z-91-045 2301 Stratford Court From "A" One -Family to "A/HC" One/Family/Historic and Cultural Subdistrict Mr, Quentin McGown IV Z-91-046 QUENTIN McGOWN IV re, Z-91-04.6 , ,., , 1615 Sunset Terrace Introduced an Ordin- ance Ordinance No. 10859 Mr. Donnis Hatchett re representing H.R. Williamson for a change in zoning Council Member Woods introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: NOES: ABSENT: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows None Council Member Chappell The ordinance, as adopted, is as follows: ORDINANCE NO. 10859 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF 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 OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Mr. Donnis Hatchett, representing the applicant, H.R. Williamson for a change in zoning of property located at 2220-2230 Northeast 28th Street, from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-032, which application was recommended by the City Zoning Commission for denial, appeared before the City Council and requested that the City Council approve the request for another hearing or set a special hearing before the City Council on Zoning Docket No. Z-91-032. ouncil Member Puente Council Member Puente made a motion, seconded by Council Member Meadows, that the e z-91-032 application of H.R. Williamson for change in zoning of property located at 2220-2230 Northeast 28th Street from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-032, be set for a special hearing before the City Council. Ir. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City oning case heard Council and advised the City Council that it is the wish of the applicant to have the zoning case heard by the City Council. . R. Williamson re When the motion, that the application of H.R. Williamson for change in zoning of hange in zoning property located at 2220-2230 Northeast 28th Street from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-032, be set for a special hearing before the City Council, was put to a vote by the Mayor, it prevailed unanimously. ouncil Member Puente Council Member Puente made a motion, seconded by Council Member McCray, that the e denial of applica- recommendation of the City Zoning Commission for the denial of the application of J.A. ion of J.A. Rushing Rushing for a change in zoning of property located at 1621-1625 Watauga Smithfield Road from "E" Commercial to "I" Light Industrial, Zoning Docket No. Z-91-034, be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council S-3 Page 42 Council Member Matson re withdrawal of application of Rickey Lane Reed Mr. Pat Taylor re public debate and/or citizen forum City Manager Ivory re transfer of bond fund money Meeting adjourned 113 Tuesday, June 11, 1991 Council Member Matson made a motion, seconded by Council Member Woods, that the recommendation of the City Zoning Commission for the withdrawal without prejudice of the application of Rickey Lane Reed for a change in zoning of property located at 4201, 4205, and 4209 Miller Street and 4204 and 4208 Hardeman Street from "B" Two -Family and "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-037, be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Pat Taylor, 614 Monticello Drive, appeared before the City Council and expressed appreciation to the City Council for allowing the citizens to use the City Council Chambers on July 4, 1991 for a public debate and/or citizen forum on how to better serve the City of Fort Worth in the future by a newspaper of record. City Manager Ivory advised City Council that Mr. Tom Oliver's answer with regard to the transfer of bond fund money has been provided to him and explained to the City Council that the money allocated to that project became unnecessary when the State Highway Department of Transportation took on a larger portion of the cost which allowed the funds to be transferred to the Sunset Heights Floodway Improvements. There being no further business, the meeting was adjourned. l CITY SECRETARY Minutes of City Council S-3 Page 43 MAYOR