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HomeMy WebLinkAbout1991/10/22-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of October 15, 1991 Proclamation - Cowboy Gathering and Western Swing Festival Days CITY COUNCIL MEETING OCTOBER 22, 1991 On the 22nd day of October, 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: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; with more than a quorum present, at which time the following business was transacted: The invocation was given by Mr. Duane Bidwell, Community Liaison, Lien Hoa Buddhist Monastery. The Pledge of Allegiance was recited. On motion of Council Member McCray, seconded by Council Member Woods, the minutes of the meeting of October 15, 1991, were approved. A proclamation for Cowboy Gathering and Western Swing Festival Days was presented to Mr. Red Steagall. Minutes of City Council S-3 Page 531 I roclamation - ornography Aware- ess Week roclamation - r. Edward W. uinn, M.D. for ifetime of Achiev ents roclamation - r. Marion "Jack" rooks for Lifetim f Achievements r'Bobbie Webber e Invitation to ouncil for a alute to the Drs. ithdrew M&C Nos. -9351 and P-5290 ithdrew M&C Nos. -9350, L-10667, -10668, L-10669, -10670, L-10671, -13100, C-13101, nd C-13104 ithdrew M&C CP -16 onsent Agenda pproved Tuesday, October 22, 1991 A proclamation. for Pornography Awareness Week was presented to Mr. David Miller. A proclamation was presented to Dr. Edward W. Guinn, M.D., for Lifetime of Achievements. A proclamation was presented to Dr. Marion "Jack" Brooks for Lifetime of Achievements. Mr. Bobbie Webber, Chairperson of Neighbors United for a Better World, appeared before the City Council and invited the City Council to participate in a People's Salute to Drs. Edwin Guinn and Marion "Jack" Brooks on Sunday, October 27, 1991, at 5:30 p.m. at the Masonic Mosque on the Martin Luther King Freeway. Council Member Chappell requested that Mayor and Council Communication Nos. G-9351 and P-5290 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication Nos. G-9350, L-10667, L-10668, L-10669, L-10670, L-10671, C-13100, C-13101, and C-13104 be withdrawn from the consent agenda. City Manager Ivory requested that Council Policy Proposal CP -167 be withdrawn from the agenda. On motion of Council Member Chappell, seconded by Council_ Member McCray, the consent agenda, as amended, was approved.... ominated Dr. Mayor Granger nominated Dr. Harriet Harral for membership on the Fort Worth Commission arriet Harral to on the Status of Women and made a motion, seconded by Council Member Chappell, that Dr. he Fort Worth Harral be appointed to Place 1 on the Fort Worth Commission on the Status of Women for a ommissio n on the term of office expiring October 1, 1993. When the motion was put to a vote by the Mayor, tatus of Women I it prevailed unanimously. eappoi ntments to Mayor Pro tempore Webber made a motion, seconded by Council Member Chappell., that Ms. ort Worth Human Rosalyn Haggerty -Davis be reappointed to Place 1, The Reverend W.B. Langham be reappointed elations Commi- to Place 2, Mr. William Mann, Jr., be reappointed to Place 3, Ms. Lou Brooks be reappointed sion - Ms. Rosalyn to Place 4, Ms. Cora Mosley be reappointed to Place 6, Mr. Jack Tollett be reappointed to aggerty-Davis, The place 7, Mr. Morrison Wong be reappointed to Place 8, Mr. Bill Baird be reappointed to everend W.B. Lang- place 10, Mr. Al Jara be reappointed to Place 11, Mr. Thomas Bruner be reappointed to Place am, Mr. William 12, Ms. Jacqueline Bzostek be reappointed to Place 14, Mr. Clemente De La Cruz be ann, Jr.,Ms. Lou reappointed to Place 16, Ms. Juanita Silva be reappointed to Place 17, and Ms. Martha rooks, Ms. Cora osley, Mr. Jack Singleton be reappointed to Place 21; and that Mr. Bobby Fortune, Sr., be appointed to Place ollett, Mr. Morri- 5, Mrs. Earlene Allen be appointed to Place 9, Mr. Perry Cockerell be appointed to Place 13, on Wong, Mr. Bill Mr. Tom Davis be appointed to Place 15, Mr. Ted Cue be appointed to Place 18, The Reverend aird, Mr. Al J a ra, Julius Jackson be appointed to Place 19, and Mr. David Martinez be appointed to Place 20 on r. Thomas Bruner, the Fort Worth Human Relations Commission. When the motion was put to a vote by the Mayor, s. jacqueline Bzo- it prevailed unanimously. tek, Mr. Clemente e La Cruz, Ms. Mayor Pro tempore Webber nominated Ms. Johnnie Staton for membership on the Library uani to Silva, and Advisory Board and made a motion, seconded by Council Member McCray, that Ms. Johnnie Staton s. Martha Single- be reappointed to Place 8 on the Library Advisory Board. When the motion was put to a vote on and appt. Mr. obby Fortune, Sr., by the Mayor, it prevailed unanimously. rs. Earlene Allen, r. Perry Cockerell Council Member Matson advised the City Council that he has a conflict of interest and Ir. Tom Davis, Mr. filed an affidavit regarding the resolution approving the resolution of the Al l i anceAi rport ed Cue, The Re- Authority, Inc., with respect to the issuance of bonds for American Airlines, Inc. erend Julius Jack - on, Mr. David Mar- Council Member Chappell advised the City Council that he participates in the American A nez Airlines Advantage Program, but was advised by the City Attorney that he does not have a lomi nated Ms. conflict of interest. Johnnie Staton to .ibrary Advisory �o and Council Member Chappell introduced a resolution and made a motion that it be adopted. .ntroduced a The motion was seconded by Council Member McCray. The motion, carrying with it the adoption ;esol uti on of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Matson The resolution, as adopted, is as follows: esol uti on No. RESOLUTION NO. 1773 773 RESOLUTION APPROVING A RESOLUTION OF ALLIANCEAIRPORT AUTHORITY, INC. WITH RESPECT TO THE ISSUANCE OF BONDS FOR AMERICAN AIRLINES, INC. Minutes of City Council S-3 Page 532 Tuesday, October 22, 1991 WHEREAS, AllianceAirport Authority, Inc. (the "Corporation") was created Resolution No. under the auspices of the City of Fort Worth; and 1773 cont. WHEREAS, notice of a public hearing on the Project (as defined in the Facilities Agreement attached hereto), as required by Section 147 of the Internal Revenue Code of 1986, as amended (the "Code), was published in a newspaper of general circulation in the City at least 14 days prior to such public hearing; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT: Section 1. The "Facilities Agreement by and between American Airlines, Inc. (the "Company") and AllianceAirport Authority, Inc.", in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and revenue bonds in the principal amount not to exceed $250,000,000 (the "Bonds"), may be issued for the purpose of paying the cost of acquiring and constructing or causing to be acquired and constructed the Project as defined and described therein, which Project is in compliance with he Development Corporation Act of 1979, as amended, and the rules promulgated thereunder by the Texas Department of Commerce; and said Project is hereby approved. Section 2. The resolution adopted by the Corporation authorizing the execution of the Facilities Agreement, the Bond Purchase Agreement among.the Company, the Corporation and the underwriters named therein, and the Trust Indenture by and between the Corporation and Team Bank, as Trustee, and authorizing the sale of the Bonds and the use of an Official Statement in connection with the sale of the Bonds, in substantially the form and substance attached to this Resolution and made a part hereof for all purposes, are hereby specifically approved, and the Bonds may be issued as provided for therein. Section 3. The City Council of the City of Fort Worth hereby authorizes the Mayor to approve the issuance of the aforesaid Bonds in the principal amount not to exceed $250,000,000.00 for American Airlines, Inc., and such approval shall be solely for the purposes of Section 147 of the Code, as amended, and the City of Fort Worth, Texas shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to the payment of the Bonds; and by executing the Certificate page accompanying this Resolution, the Mayor thereby evidences the approval of the Bonds for the limited purposes described in Section 147 of the Code. Council Policy Council Member Chappell made a motion, seconded by Council Member McCray, that Council Proposal CP -166 Policy Proposal CP -166, Privatization Committee Recommendation, be continued for one week. cont. for one week When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Policy Proposal CP -167 It was the consensus of the City Council that consideration of Council Policy Proposal withdrawn CP -167, Establishment of Hours of Operation at R.D. Evans Recreation Center, be withdrawn from the agenda. Mayor Granger re Mayor Granger announced that Phase II of the redistricting process was initiated on Phase II of the October 1; that Citizens' Guides are available in City Secretary's Office; that citizens are redistricting ,, invited to participate by submitting reapportionment plans to City Council; and stated that process the deadline for submission of the plans is December 31, 1991. Council Member Silcox re Dallas based travel agencies instead those in Fort Worth City Manager Ivory re Dallas based travel agencies Council Member Silcox raised questions regarding the use of Dallas based travel agencies instead those in Fort Worth; regarding status of Mayor and Council Communication for the Limitation of Campaign Contributions; regarding the status of the curfew ordinance; and regarding stump jumper bicycles purchased for the Police Department; as to whether or not the quality of the bicycle and service is as good as first reported by staff; and if the manufacturer intended to honor the warranty covering service, replacement and repair as one of the bicycles was already cracked.and requested that staff report on this issue. City Manager Ivory advised Council Member Silcox that during the budget process there was some concern expressed by Council Members regarding the amount of money spent on travel and; stated that an administrative response to that was to find a way to cut cost and still meet travel needs at least expense to tax payers and it was decided to contact several larger firms in the City of Fort Worth and ask how their travel arrangements were handled and was given a name of a firm located in Irving or Dallas and advised the City Council that we are testing their ability to provide the services required by the City of Fort Worth at a lower price and this is not an exclusive arrangement and we will likely try other Fort Worth firms; advised the City Council that the City of Fort Worth is still waiting on the Buckmeyer decision regarding the curfew issue in Dallas; and advised the City Council that an informal report will be provided to Council on next week regarding the stump jumper bicycle. Minutes of City Council S-3 Page 533 Tuesday, October 22, 1991 City Attorney re I City Attorney Adkins advised the City aDallas genciesCouncil that a draft ordinance will be provided based travelto the City Council regarding the limitation of campaign contributions for review and g consideration for approval. Council Member Matson re SPCA Ms. Betty Ward re Invitation to Council about the Lancaster Bridge Splatter Paint project M&C OCS-349 re rescheduling the City Council meet; ing Introduced a Resolution Resolution No. 1774 Council Member Matson requested that staff look into the matter regarding the policies and procedures of the SPCA and check to see if they are in compliance with the contract that City of Fort Worth has with SPCA. City Manager Ivory advised City Council that the matter would be investigated and a report would be provided to Council. Ms. Betty Ward, a member of the Mayor's anti Graffiti Task Force, appeared before the City Council and invited the City Council to participate in the Lancaster Bridge Splatter Paint Project on October 26, 1991, located next to the Duck Pond and advised the City Council that the Fort Worth Star -Telegram has agreed to pay up to $5.00 per person for up to 200 volunteer painters. There was presented Mayor and Council Communication No. OCS-349 (corrected) from the Office of the City Secretary stating that the City Council, at its pre -council meeting of October 15, 1991, informally agreed to change the City Council meeting of Tuesday, December 17, 1991, to Thursday, December 19, 1991, because of the National League of Cities' Congressional -City Conference in Las Vegas, Nevada; and cancel the City Council meetings of December 24 and December 31, 19919 because of the Christmas holiday and New Year's holiday; and recommending that a resolution be adopted rescheduling the City Council meeting of Tuesday, December 17, 1991, to Thursday, December 19, 1991, at 10:00 a.m.; and canceling the City Council meetings of December 24, 1991, and December 31, 1991. On motion of Council Member Puente, seconded by Council Member McCray, the recommendation was adopted. Council Member Puente introduced a resolution and made a motion that it be adopted. 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, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: RESOLUTION NO. 1774 WHEREAS, the City Council of the City of Fort Worth, Texas, regularly meets in session on Tuesday of each week at 10:00 a.m. except for the meeting on the first Tuesday of the month which is held'at 7:00 p.m., in accordance with Section 3.1 of the City Council Rules of Procedures; and, WHEREAS, Chapter III, Section 5 of the City Charter states that the City Council shall meet at such time and place as may be prescribed by ordinance or resolution, but not less than 48 regular meetings shall be held each calendar year with not less than three regular meetings held each month and not more than one regular meeting held each week; and, WHEREAS, the City Council of the City of Fort Worth, Texas, normally would be meeting at 10:00 a.m: on Tuesday, December 17, 1991, on December 24, 1991, and on December 31, 1991; and, WHEREAS, the City Council desires to reschedule the City Council meeting of Tuesday, December 17,1991, at 10:00 a.m., to Thursday, December 19, 1991, at 10:00 a.m., because of the National League of Cities' Congressional -City Conference in Las Vegas, Nevada; and to cancel the City Council meetings of December 24, 1991, and December 31, 1991, because of the Christmas and New Year's Holidays; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS; 1. That the City Council meeting of Tuesday, December 17, 1991, at 10:00 a.m., be rescheduled for Thursday, December 19, 1991, at 10:00 a.m.; 2. That the City Council meeting of Tuesday, December 24, 1991, at 10:00 a.m., be canceled because of the Christmas Holiday; and, 3. That the City Council meeting of Tuesday, December 31, 1991, at 10:00 p.m., be canceled because of the New Year's Holiday. Minutes of City Council S-3 Page 534 i 535 Tuesday, October 22, 1991 &C OCS-350 There was presented Mayor and Council Communication No. OCS-350 from the Office of the laim s City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Larry Earl Smither- 1. Claimant: Larry Earl Smitherman, Sr. man, Sr. Date Received: October 15, 1991 Date of Incident: September 25, 1991 Location of Incident: I-35 North Estimate of Damages/ Injuries: $211.24 - $233.04 Nature of Incident: Claimant alleges damages to vehicle as the result of debris being thrown from a City -owned truck. renda Sue Stewart 2. Cl aimant: Brenda Sue Stewart Date Received: October 15, 1991 Date of Incident: october 7, 1991 Location of Incident: Northside Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to vehicle as the result of debris being thrown from a truck. Lois A. Salancik 3. Claimant: Lois A. Salancik Date Received: October 15, 1991 Date of Incident: October 4, 1991 Location of Incident: 7208 Sunnybank Estimate of Damages/ Injuries: $225.00 - $254.50 Nature of Incident: Claimant alleges damages to property as the result of men using mowers in a park located behind her house. Eula B. Shambaugh 4. Claimant: Eula B. Shambaugh Date Received: October 11, 1991 Date of Incident: July 1991 - September 1991 Location of Incident: 3732 Byers Ave. Estimate of Damages/ Injuries: $60.00 Nature of Incident: Claimant is seeking to recover cost of plumbing charges to detect water leak. Estefana E. Hardind 5. Claimant: Estefana E. Harding Date Received: October 11, 1991 Date of Incident: September 3, 1991 Attorney: Wallace Craig & Associates Location of Incident: Near Intersection of Pennsylvania & 7th Estimate of Damages/ Injuries: $250,000.00 Nature of Incident: Claimant alleges damages to automobile and injuries as the result of a vehicular accident involving a City -owned vehicle. Travis Eugene 6. Claimant: Travis Eugene Richardson Richardson Date Received: October 11, 1991 Date of Incident: October 2, 1991 Location of Incident: Intersection of 3400 E. Berry & 3200 Bishop Estimate of Damages/ Injuries: $279.90 Nature of Incident: Claimant alleges damages to automobile as the result of road conditions. Kathleen S. Obel 7. Claimant: Kathleen S. Obel Date Received: October 11, 1991 Date of Incident: 1989 - 1991 Location of Incident: 4228 Arrowwood Drive Estimate of Damages/ Injuries: $600.00 Nature of Incident: Claimant alleges that City incorrectly charged her for replacement of a sewer line tap and seeks to recover cost. Sallie Nowlin 8. Claimant: Sallie Nowlin Date Received: October 16, 1991 Date of Incident: October 3, 1991 Location of Incident: Main Finance & Diamond Image, Inc. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damage to property as the result of sewer backing up. Minutes of City Council S-3 Page 535 03 Tuesday, October 22, 1991 Howard Jackson 9. Claimant: Howard Jackson Date Received: October 16, 1991 Date of Incident: June.6, 1991 Attorney: Del Homme, Skrepnek & Fishburn (Beverly DelHomme) Location of Incident: Citco Gas Station, 6107 S. Cooper, Arlington Estimate of Damages/ Injuries: $150,000.00 Nature of Incident: Claimant alleges injuries sustained as the result of being struck by a DFW Airport -owned vehicle and is seeking damages in the amount of $150,000.00 10. Claimant: Barbara A. Campbell Barbara A. Camp- Date Received: October 17, 1991 bell Date of Incident: April 22, 1991 Location of Incident: Premises of Thrift Country Estimate of Damages/ Injuries: $19,974.23 Nature of Incident: Claimant alleges injuries sustained as the result of Police action. M&C 0 CS- 350 It was the consensus of the City Council that the recommendation be adopted. adopted It appearing to the City Council that the City Council on September 17, 1991, set Benefit Hearing today as the date for the benefit hearing for the assessment paving of Luxton Street from BH -0069 paving of East Vickery Boulevard to Hattie Street and that notice of the hearing has been given by Luxton St. from publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort East Vickery Blvd- Worth, Texas, on September 25, 26, and 27, 1991, Mayor Granger asked if there was anyone to Hattie Street present desiring to be heard. Mrs. Martha Mrs. Martha Lunday, representing the Department of Transportation and Public Works, Lunday re BH -0069 appeared before the City Council and advised the City Council that the independent appraisal report has been submitted to the City Council; that assessments on the property were computed based on the proposed policy revision; that property No. 9 on page 4 of the assessment roll has been reduced to $1,250.00 because of enhancement figures received from TAD, with an assessment of four lots rather than one lot; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0069, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LUXTON STREET FROM E. VICKERY BOULEVARD TO HATTIE STREET (PROJECT NO. 67-040199) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Luxton Street from E. Vickery Boulevard to Hattie Street. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Luxton Street from E. Vickery Boulevard to Hattie Street. The street is in the Near Southeast Target Area and has never been constructed to City standards. Community Development Block Grant (CDBG) funds will provide a portion of the construction cost. One- and two-family residences are not assessed. Luxton Street will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On September 17, 1991, (M&C G-9309), the City Council established October 22, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 23,360 14%) City's share of cost $143,433 86%) Total cost $166,793 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council District 8. Minutes of City Council S-3 Page 536 Jam: Tuesday, October 22, 1991 Mr. Woodrow Graham Mr. Woodrow Graham, 4205 Sireta Drive, owner of Lot 15, Block 2, Glenwood Addition, re BH -0069 appeared before the City Council and expressed opposition to the paving assessment of Luxton Street from East Vickery Boulevard to Hattie Street. Mayor Pro tempo reMayor Pro tempore Webber advised the City Council that she would not be voting on Webber re BH -006 9 H-0069 Mayor and Council Communication No. BH -0069 since Tarrant Bank is one of the owners being assessed. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Luxton Street from East Vickery Boulevard to Hattie Street, Council Member McCray made a motion, seconded by Council Member Woods, that the hearing be closed and assessments levied as recommended. 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, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10939 10939 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LUXTON STREET FROM E. VICKERY BOULEVARD TO HATTIE STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that the City Council on September 17, 1991, set BH -0070 today as the date for the benefit hearing for the assessment paving of Bessie Street from Kentucky Street to Riverside Drive 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 September 25, 26; and 27, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lun day Mrs. Martha Lunday, representing the Department of Transportation and Public Works, re BH -0070 appeared before.the City Council and advised the City Council that assessments on the property were computed based on the proposed policy revision; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0070, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BESSIE STREET FROM KENTUCKY STREET TO RIVERSIDE DRIVE (PROJECT NO. 67-040199) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Bessie Street from Kentucky Street to Riverside Drive. Minutes of City Council S-3 Page 537 I 53S Tuesday, October 22, 1991 BH -0070 cont. II DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Bessie Street from Kentucky Street to Riverside Drive. The street is in the Near Southeast Target Area and has never been constructed to City standards. Community Development Block Grant (CDBG) funds will provide a portion of the construction cost. One- and two-family residences are'not assessed. Bessie Street will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On September 17, 1991, (M&C G-9310), the City Council established October 22, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 77,565.03 ( 10%) City's share of cost $724,498.95 ( 90%) Total cost $802,064.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council District 8. The Reverend The Reverend Howard Caver, Pastor of World Missionary Baptist Church, 1200 Bessie Howard Caver re Street, owner of Lots 1 through 3 and Lot 7, Block 33, Union Depot Addition, appeared before BH -0070 the City Council and requested that the City Council give favorable consideration for the assessment paving of Bessie Street from Kentucky Street .to•Riverside Drive and requested that consideration be given to the scheduling of paving Bessie Street with regard to individuals getting in and out of their driveways; questioned whether or not the charge would be dropped regarding the replacement of sidewalks since it has been less than three years when the sidewalks were put in; and questioned whether or not they could receive an advance notice with regard to the paving of Bessie Street in order to reschedule some of the events taking place at the Church. Mr. Gary Sa n to rre Mr. Gary.Santerre, Director of Transportation and Public Works Department, appeared re BH -0070 before the City Council and advised Reverend Caver that the full credit would be given for the replacement of sidewalks and that staff would provide them with scheduling arrangements with regard to the paving assessment of Bessie Street. Ms. Jeanne Helton Ms. Jeanne Helton, 1601 East Stella, owner of Lot 19, Block 26, Glenwood Addition, re BH -0070 appeared before the City Council and requested that the City Council consider dropping the 20 percent Tarrant Appraisal District property valuation to ten percent such as they did on Mr. Graham's property. Mrs. Martha Lu nd ay Mrs. Martha Lunday, representing the Department of Transportation and Public Works, re BH -0070 appeared before the City Council and advised the City Council that Mr. Graham's appraisal was lowered due to a mistake on the appraisal by TAD whereby they assessed all four pieces of property and only one piece of property should have been assessed, thereby lowering his total assessment by 1/4 percent. Mayor Pro tempore Mayor Pro tempore Webber advised the City Council that she will not be voting on Mayor re BH -0070 and Council Communication No. BH -0070 since Tarrant Bank is one of;the properties involved on the assessment paving of Bessie Street from Kentucky�Street to Riverside Drive. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Bessie Street from Kentucky Street to Riverside Drive, Council Member McCray made a motion, seconded by Council Member Chappell, that the hearing be closed and assessments levied as recommended. 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, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council S-3 Page 538 Tuesday, October 22, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber The ordinance, as adopted, is as follows: ORDINANCE NO. 10940 Ordinance No. 10940 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BESSIE STREET FROM KENTUCKY STREET TO RIVERSIDE DRIVE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-9345 re settlement of law- There was presented Mayor and Council Communication No. G-9345 from the City Manager suit styled Kathy stating that Kathy Russell, the natural mother of Lori Edwards, a minor child, has filed a Russell, indivi- lawsuit styled Kathy Russell, Individually and as Next Friend of Lori Edwards, a Minor Child dually and as next vs. the City of Fort Worth, Cause No. 67-121341-89; that Ms. Russell contends that Lori was friend of Lori seriously injured when she was struck in the eye by a swing while playing on the grounds of Edwards the Diamond Hill Recreation Center; that the plaintiff further contends that Lori was enrolled in the Diamond Hill Recreation Center after -school -program at the time of her injury and that negligence of the City in operating the after -school -program was responsible for her daughter's injury; that the City, in addition to denying Plaintiff's other allegations, denies that Lori was enrolled in the after -school -program at the time of her injury; that the case was set for mediation by Dispute Resolution Services of Tarrant County, Inc., and as a result of that mediation, a proposed compromise settlement was agreed to, subject to City Council approval; that the proposed settlement provides for the City to Introduced a pay the sum of $6,000.00 and all taxable court costs in settlement of all claims by both Resolution Kathy Russell and Lori Edwards; and, due to the fact that Lori is a minor, it will be necessary to appoint an attorney ad litem to represent the minor's interests and to have a hearing on the matter so the Court can determine whether or not the settlement should be finally approved; stating that the Director of Fiscal Services certifies that funds for the settlement are available in the current budget, as appropriated, of the Insurance Fund; and recommending that the City Council i approve the settlement of the referenced lawsuit as described above; authorize the expenditure of $6,000.00 and taxable court costs (including any necessary attorney ad litem or guardian ad litem fees) in order to complete the settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendations be adopted. M&C G-9346 re There was presented Mayor and Council Communication No. G-9346 from the City Manager Retained Gary B. stating that the City of Fort Worth has several pending employee benefit matters, including Lawson proposed revisions to the Retirement Ordinance, amendments to the Flexible Benefits Plan and compliance with Section 415 of the Internal Revenue Code; that, because these matters involve complex federal tax and legal issues, it is the opinion of the City Attorney that outside legal counsel should be retained to consult with and assist the City Attorney concerning these issues; and recommending that the City Council retain Gary B. Lawson and the law firm of Godwin, Carlton and Maxwell pursuant to Section 31 Chapter VI of the City Charter, as outside counsel to consult with and assist the City Attorney concerning several employee benefit matters and related issues and adopt a resolution fixing in advance, as far as practicable, the compensation to be paid Mr. Lawson for his services, in an amount not to exceed $20,000.00. It was the consensus of the City Council that the recommendation be adopted. Introduced a Council Member Chappell 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, Meadows, and Chappell NOES: None ABSENT: None Minutes of City Council S-3 Page 539 r- tt o �l 3 Resolution No. 1775 M&C G-9347 re settlement of claim filed by Brookins Tuesday, October 22, 1991 The resolution, as adopted, is as follows: RESOLUTION NO. 1775 WHEREAS, the City of Fort Worth has several pending employee benefit matters including proposed revisions to the retirement ordinance, amendments to the flexible benefits plan and compliance by the City with Section 415 of the Internal Revenue Code; and WHEREAS, because these matters are of extraordinary importance, and involve complex federal tax and legal issues, it is necessary to retain outside counsel to consult with and assist the City Attorney concerning these issues; and WHEREAS, Gary B. Lawson and the law firm of Godwin, Carlton and Maxwell possess knowledge and experience in employee benefits law and have agreed to consult with and assist the City Attorney in these matters; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That Gary B. Lawson and the law firm of Godwin, Carlton and Maxwell be retained as outside counsel pursuant to Section 3, Chapter VI of the City Charter, to consult with and assist the City Attorney concerning several pending employee benefit matters including proposed revisions to the retirement ordinance, amendments to the flexible benefits plan and compliance by the City with Section 415 of the Internal Revenue Code. II. That, as far as practicable, the compensation to be paid Gary B. Lawson and the firm for their services is hereby fixed in an amount not to exceed $20,000.00, Mr. Lawson's standard hourly rate being $180.00 per hour. There was presented Mayor and Council Communication No. G-9347 from the City Manager Mae stating that Mae Brookins filed a claim for personal injuries she allegedly sustained on January 24, 1991, at 1000 Throckmorton as a result of a fall; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Ms. Brookins through her attorney and has agreed to a settlement of $9,250.00 subject to City Council approval; stating that the Director of Fiscal Services, certifies that the money for the anticipated expenditure is available in the current budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve the settlement of the claim filed by Mae Brookins and authorize the City Manager to expend the sum of $9,250.00 for the settlement agreed to by Ms. Brookins, her attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendations be adopted. M&C G-9348 re ratified and con- firmed employment of David B. Lobing i err There was presented Mayor and Council Communication No. G-9348 from the City Manager, as follows: SUBJECT: APPROVAL OF PAYMENT TO DAVID B. LOBINGIER AS OUTSIDE LEGAL COUNSEL RECOMMENDATION: It is recommended that the City Council: 1. Ratify and confirm the employment of David B. Lobingier, Attorney at Law, to represent L. A. Cox in the case of Cherisse E. Hicks et al v. L. A. Cox, Thomas R. Windham and City of Fort Worth, Cause No. CA -4-89-038-E, and 2. Adopt the attached resolution fixing $6,720.19 as the amount to be paid Mr. Lobingier for his services in this matter. DISCUSSION: On January 2, 1988, Cherisse E. Hicks received personal injuries when she attempted to escape from the custody of Officer L. A. Cox. On September 23, 1989, Ms. Hicks filed a civil rights damage suit entitled Cherisse E. Hicks et al v. L. A. Cox, Thomas R. Windham and the City of Fort Worth, No. CA -4-89-038- E, regarding her injuries. Section 180.002 of the Texas Local Government Code provides that a municipality must provide a peace officer with legal counsel without cost to defend the officer against a suit for damages if the officer requests such legal counsel and the suit involves official acts which the officer committed within the scope of his authority. After the Hicks case was filed, Officer Cox requested outside legal counsel to represent him because certain defenses were available to the City which were not available to him and there was a potential conflict of interest. Officer Cox was authorized to retain the services of David B. Minutes of City Council S-3 Page 540 Tuesday, October 22, 1991 M&C G-9348 cont. Lobingier, Attorney at Law, to represent him at an hourly rate of $150.00. The City Attorney represented the City. On July 31, 1991, the Defendants obtained a dismissal of the Hicks case. Mr. Lobingier has submitted a bill for his services in the amount of $6,720.19, which includes reimbursable expenses of $945.19. The City Attorney has reviewed Mr. Lobingier's bill and finds the charges to be reasonable and necessary. The City is liable for payment of Mr. Lobingier's bill under Section 180.002 and the City Attorney recommends that it be approved for payment. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Insurance Fund. M&C G-9348 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9348, be adopted. Council Member Chappell introduced a resolution and made a motion that it be adopted. Introduced a The motion was seconded b Council Member McCra . The motion carrying with it the adoption Resolution Y Y � Y 9 p of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1776 1776 M&C G-9349 re Retained Louis E. Sturns and firm of Decker, Jones, Mc- Mackin, McClane, Hall and Bates WHEREAS, Cherisse E. Hicks et al have filed Suite No. CA -4-89-038-E in the United States District Court for the Northern District of Texas, Fort Worth Division, against Officer L.A. Cox, Thomas R. Windham and the City of Fort Worth; and WHEREAS, Section 180.002 of the Texas Local Government Code provides that a municipality must provide a peace officer with legal counsel without cost to defend the officer against a suit for damages if the officer requests legal counsel and if the suit involves official acts of the officer within the scope of his authority; and WHEREAS, this matter was of extraordinary importance, and the City of Fort Worth had defenses which were different from those available to Officer L.A. Cox, and it was necessary to retain outside counsel to represent Officer Cox; and WHEREAS, David B. Lobingier possessed the knowledge and expertise in civil litigation and agreed to represent Officer L.A. Cox in this suit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That the City Council hereby ratifies and confirms the employment of David B. Lobingier, Attorney at Law, as outside counsel pursuant to Section 180.002 of the Texas Local Government Code, to represent Officer L.A. Cox in Cause No. CA -4-89-038-E. II. That, the City Council hereby authorizes the sum of $6,720.19, including reimbursable expenses of $945.19, to be paid to Mr. Lobingier for his services in this matter. There was presented Mayor and Council Communication No. G-9349 from the City Manager, as follows: SUBJECT: EMPLOYMENT OF THE FIRM OF DECKER, JONES, MCMACKIN, MCCLANE, HALL AND BATES AS OUTSIDE LEGAL COUNSEL RECOMMENDATION: It is recommended that the City Council: Minutes of City Council S-3 Page 541 '4 WAtq> 01: 45 Tuesday, October 22, 1991 &C G-9349 cont. 1. Retain Louis E. Sturns and the firm of Decker, Jones, McMackin, McClane, Hall and Bates pursuant to Section 3, Chapter VI of the City Charter, as outside legal counsel to represent the City Manager in a suit styled Katherine Sweeney, et al v. City of Fort Worth, et al, Cause No. 352- 134119-91, and 2. Adopt the attached resolution fixing in advance, as far as practicable, the compensation to be paid Mr. Sturns and the firm for their services, in an amount not to exceed $15,000.00. DISCUSSION: Katherine Sweeney and Laurel K. Laymance have filed Suit No. 352-134119-91 in the 352nd Judicial District Court of Tarrant County, Texas, against the City of Fort Worth and David Ivory, Individually and as City Manager of Fort Worth. The Plaintiffs allege that damages occurred to their residences in the 5400 block of Rutland Avenue due to a water main break on April 28, 1989. The Plaintiffs seek recovery of damages both from the City of Fort Worth and from David Ivory. Chapter 2, Article IX of the Fort Worth City Code establishes a Personal Liability Indemnity Plan to protect City employees against liability for damages to third parties which the employees may incur while acting within the course and scope of their employment. With certain exceptions, Section 2-296 of the Code provides that when City employees are sued for such damages the City will provide them with legal representation either through the City Attorney or outside counsel. Because the City Manager has been sued individually in the Sweeney case and has defenses which are different from those available to the City, the City Attorney recommends that the City hire outside legal counsel to represent the Manager. Louis E. Sturns of the firm of Decker, Jones, McMackin, McClane, Hall and Bates is well recognized for his knowledge and experience in the field of civil litigation. Mr. Sturns has agreed to consult with and represent the City Manager in this matter. His hourly rate is $150.00. The City Attorney will represent the City. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Insurance Fund. I& C G-9349 adopted It was the consensus of the City Council that Mayor and Council Communication No. G-9349 be adopted. n trod uced a .esolution Council Member Chappell introduced a resolution and made a motion that it be adopted. 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, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: ;esolution No. RESOLUTION NO. 1777 .777 WHEREAS, Katherine Sweeney and Laurel K. Laymance have filed Suite No. 352-134119-91 in the 352nd Judicial District Court of Tarrant County, Texas, against the City of Fort Worth and David Ivory, Individually and as Fort Worth City Manager; and WHEREAS, because this matter is of extraordinary importance, and the City Manager has defenses which are different from those available to the City of Fort Worth, and it is necessary to retain outside counsel to represent the City Manager; and WHEREAS, Louis E. Sturns and the firm of Decker, Jones, McMackin, McClane, Hall and Bates possess the knowledge and expertise in civil litigation and have agreed to represent the City Manager in this suite; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council S-3 Page 542 q el 0140 Tuesday, October 22, 1991 &C G-9349 cont. II 1. That Louis E. Sturns and the firm of Decker, Jones, McMackin, McClane, Hall and Bates be retained as outside counsel pursuant to Section 3, Chapter VI of the City Charter, to represent David Ivory, Individually and as City Manager in Cause No. 352-134119-91 and to advise the City Manager in other matters relating thereto. II. That, as far as practicable, the compensation to be paid Mr. Sturns and the firm for their services is hereby fixed in an amount not to exceed $15,000.00, Mr. Sturns' standard hourly rate being $150.00 per hour. M&C, G-9350 re There was presented Mayor and Council Communication No. G-9350 from the City Manager weeds and brush recommending that an ordinance be adopted amending Subsection (c) of Section 11A-8 of the section amended in City Code relating to the growth and accumulation of weeds and brush. It was the consensus Section 11A-8 of the City Council that the recommendation be adopted. r. Tom Davis re Mr. Tom Davis, Director of City Services Department, appeared before the City Council &C G-9350 and advised Council Member Silcox that the issue regarding the City crews and private crews blowing grass off into the street and leaving it there can be addressed in another part of this ordinance but not in this particular section and stated that he would discuss the matter with him privately. M&C G-9350 adopted Council Member Silcox made a motion, seconded by Council Member Puente, that the recommendation, as contained in Mayor and Council Communication No. G-9350, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an ordinance Council Member Silcox introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Puente. 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, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 10941 ORDINANCE N0. 10941 AN ORDINANCE AMENDING APPENDIX B. "DEPARTMENT OF CITY SERVICES", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SUBSECTION (c) OF SECTION 11A-8, WEEDS AND BRUSH, HIGH GROWTH AND ACCUMULATION PROHIBITED, EXCEPTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; 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 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C. G-9351 re There was presented Mayor and Council Communication No. G-9351 from the City Manager cont. for one week stating that Councilman Meadows asked that staff explore means of assuring that assessments against commercial property were not unduly affecting the use of property and possibly resulting in further deterioration of the property and surrounding neighborhoods which have been targeted for rehabilitation of housing stock and infrastructure; that the City Council previously addressed a similar problem for residential properties by capping assessments at 20 percent of the Tarrant Appraisal District property valuations; that the City Council on September 17, 1991, initiated an amendment to the policy to provide that in CDBG Target Areas no paving assessment will exceed 40 percent of the value of the property as determined by the Tarrant Appraisal District; that reductions under this provision will be limited to 200 linear feet under single ownership per project; and recommending that the City Council adopt amendments to the Assessment Paving Policy to limit paving assessments against non- residential properties in CDBG Target Areas to 40 percent of the property valuation as determined by the Tarrant Appraisal District. Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that consideration of Mayor and Council Communication No. G-9351 be continued for one week and that the City Council have a presentation on the Pre -Council agenda regarding this matter. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council S-3 Page 543 F.' e Tuesday, October 22, 1991 work authorization There was presented Mayor and Council Communication No. G-9352 from the City Manager for Sanitary Sewer recommending that a work authorization be authorized in accordance with AR3-3 for the Replacement of sanitary sewer replacement of 728 linear feet of six-inch sanitary sewer main pipe with L-1450 eight -inch sanitary sewer main pipe by Field Operation crews for Sanitary Sewer L-1450 located in the alley north of Pafford Street, from Sixth Avenue to Henderson Street, for a total estimated project cost of $34,022.07. It was the consensus of the City Council that the recommendation be adopted. M&C G-9353 re There was presented Mayor and Council Communication No. G-9353 from the City Manager accep to oce of stating that the Housing and Human Services Department on Saturday, October 19, 1991, donation from sponsored the "Cowtown Brush -Up" paint-a-thon; that H&HS plans to make this an annual Bank of Commerce project to be conducted during the month of October; that Home Depot, the main corporate sponsor, donated the paint and painting supplies needed to paint 25 houses; that all other contributions received will be used toward sponsoring additional houses and paying other expenses incurred in this project; and recommending that the City Council authorize the acceptance of donations from Bank of Commerce ($1,000.00), Citizens National Bank ($500.00), NCNB -Dallas Bank ($1,000.00), United Savings Association of Texas FSB ($1,000.00), Meadowbrook National Bank ($100.00), and Southwest Bank ($100.00), as contributions to the "Cowtown Brush -Up" Project; authorize the acceptance of any additional donations received to defray the expenses of the project; and adopt an appropriation ordinance increasing estimated receipts and appropriations by $3,700.00 in the Special Trust Fund. City Attorney City Attorney Adkins advised the City Council that the way the Code of Ethics Adkins re M&C, Ordinance is written it does not depend on whether they are giving money to the City or G-9353 receiving money from them, if it is a substantial amount and you have a business interest, you are disqualified from voting; and advised the City Council to approve the acceptance of donations separately in order for the Council Members to either abstain from voting or declare their interests in the banks involved. Mr. Judson Bailiff Mr. Judson Bailiff, Director of Finance Department, appeared before the City Council re M & C G-9353 and advised the City Council that Recommendation No. 1 does not actually require City Council approval, but that this was done in order to present the donors to the City Council and acknowledge donations received for the Cowtown Brush Up Project and suggested that City Council take actions on items two and three only. M&C G-9353 adopted Council Member Chappell made a motion, seconded by Council Member Puente, that the Bank of Commerce City Council authorize the acceptance of donation from Bank of Commerce. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Puente, that the City Council authorize the acceptance of donation from Citizens National Bank. Council Member Council Member Silcox advised the City Council that he would be abstaining from voting Silcox .re M & C due to a contractual interest in Citizens National Bank. G-9353 When the motion, that the City Council accept the donation of Citizens National Bank was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Silcox Council Member Chappell re M & C Council Member Chappell disclosed his firm's credit card interest with NCNB Bank. G-9353 Council Member Council Member Silcox disclosed a business contract with NCNB. Silcox re M&C G-9353 Mayor Pro tempore Webber advised the City Council that she is disqualified from voting Mayor Pro tempore on the acceptance of donation from NCNB Bank. Webber re M&C G-9353 Council Member Chappell made a motion seconded b Council Member McCray, that the M&C G-9353 adopted PP Y NCNB -Dallas Bank City Council authorize the acceptance of donation from NCNB -Dallas Bank. 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, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber ayor Granger re Mayor Granger advised the City Council that she would be abstaining from voting on the &C G-9353 acceptance of donation from United Savings Association of Texas F.S.B. Minutes of City Council S-3 Page 544 Tuesday, October 22, 1991 M&C G-9353 adopted Council Member Chappell made a motion, seconded by Council Member McCray, that the United Savings City Council authorize the acceptance of donation from United Savings Association of Texas Association of F.S.B. When the motion was put to a vote by the Mayor, it prevailed by the following vote: Texas F.S.B. AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Granger Mayor Granger re Mayor Granger advised the City Council that she would be abstaining from voting on the M&C G-9353 acceptance of donation from Meadowbrook National Bank. M&C G-9353 ad op to' Council Member Chappell made a motion, seconded by Council Member Meadows, that the donation from City Council authorize the acceptance of donation from Meadowbrook National Bank. When the Meadowbrook motion was put to a vote by the Mayor, it prevailed by the following vote: National Bank AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Granger M&C, G-9353 Council Member Chappell made a motion, seconded by Council Member McCray, that the donation from City Council authorize the acceptance of donation from Southwest Bank. When the motion was Southwest Bank put to a vote by the Mayor, it prevailed unanimously. M&C G-9353 re Council Member Chappell made a motion, seconded by Council Member Puente, that 2 and 3 adopted recommendations 2 and 3, as contained in Mayor and Council Communication No. G-9353, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Puente. 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, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10942 10942 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $3,700.00 FOR THE PURPOSE-OF.FUNDING THE COWTOWN BRUSH -UP PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; 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 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9354 re There was presented Mayor and Council Communication No. G-9354 from the City Manager Fishing Derby and stating that the Fort Worth Chapter of the International Association of Black Professional purchase fans Fire Fighters contributed $50.00 to defray the cost of the Worth Heights Fishing Derby, held June 1, 1991, at the Worth Heights Multi -Purpose Center; that Susan J. Gray contributed $203.50 for the purchase of two 12 -inch and two 16 -inch fans for donation to low-income persons; and recommending that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations by $253.50 in the Special Trust Fund. On motion of Council Member Woods, seconded by Council Member Puente, the recommendation was adopted. Minutes of City Council S-3 Page 545 r- 5,16, - b , 5,16, Tuesday, October 22, 1991 Introduced an Council Member Woods introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Puente. 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, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. �I ORDINANCE NO. 10943 10943 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $253.50 FOR THE PURPOSE OF DEFRAYING THE COST OF.A FISHING DERBY AND PURCHASING FANS FOR LOW-INCOME PERSONS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; 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 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C, P-5272 re There was presented Mayor and Council Communication No. P-5272 from the City Manager software with IBM Corporation stating that the City Council authorized the lease of systems software from IBM Corporation on June 11, 1985, by Mayor and Council Communication No. P-1767 and on July 30, 1985; that the City of Fort Worth leases 17 products which comprise the operating system for the Central Computer; that there are no other individual software programs available that could be substituted for the operating system; that the Director of Fiscal Services certifies that the funds required for the agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize the renewal of the annual lease of system software from October 1, 1991, through September 30, 1992, for the Information Systems and Services Department from IBM Corporation, sole source, for an amount not to exceed, $235,000.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5273 re There was presented Mayor and Council Communication No. P-5273 from the City Manager diagnostic soft- stating that the City Council approved the annual maintenance for the diagnostic software ware from Candle packages Omegmon/CICS and MVS/XA, on February 5, 1991, and September 17, 1991, respectively, Corporation for the year 1990 through 1991; that the Candle Corporation has prorated the two agreements to run concurrently from December 18 through December 17 of the following year; that the Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize the renewal of the annual maintenance of diagnostic software for the Information Systems and Services Department from Candle Corporation, sole source, for $11,969.00, net, f.o.b. Fort Worth, with term of agreement to begin December 18, 1991, and end December 17, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5274 re There was presented Mayor and Council Communication No. P-5274 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement for security from Lassen Soft- software for Information Systems and Services Department; stating that the Director of ware, Inc. Fiscal Services certifies that the funds required for the anticipated expenditure of each department eligible to participate in the agreement are available in the Treasury to the credit of the appropriate Funds; and recommending that a one-year purchase agreement be authorized with Lassen Software, Inc., for its low price meeting specification of $25.65 per copy, net, f.o.b. Fort Worth; that all departments, with approval of Information Systems and Services Department as provided in.AR-6-0, dated October 1, 1974, be authorized to participate in the agreement, with terms of the agreement to begin October 15, 1991, and end October 14, 1992, with the option to renew for one year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5275 re There was presented Mayor and Council Communication No. P-5275 from the City Manager agreement with stating that the City Council approved the purchase in August 1988, by Mayor and Council Sole source, Dun Communication No. P-2887 of financial software, training, and implementation services from and Bradstreet Management Science of America and is the sole source vendor; that the Director of Fiscal Software Swervices Services certifies that funds for these expenditures are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize a renewal of a maintenance agreement on the MARS software for Fiscal Year 1992, with the sole source Dun and Bradstreet software services in an amount not to exceed Minutes of City Council S-3 Page 546 Tuesday, October 22, 1991 M&C P-5275 cont. $84,000.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the and adopted recommendation be adopted. M & C P-5276 re There was presented Mayor and Council Communication No. P-5276 from the City Manager purchase agreement stating that the City Council on January 22, 1991, by Mayor and Council Communication with Sand Trap No. P-4691, authorized a one-year purchase agreement with two annual renewal options with Services Sand Trap Services to provide sand trap services; that the service rendered has been satisfactory, therefore, staff has requested that the first renewal option be exercised; that Sand Trap Services has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or services will be purchased; and recommending that the City Council authorize the renewal of the purchase agreement to provide sand trap service with Sand Trap Services, with term of the agreement to begin January 21, 1992, and end January 20, 1993, with the option to renew for one year. It was the consensus of the City Council that the recommendations be adopted. M & C P-5277 re There was presented Mayor and Council Communication No.,P-5277 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide ceiling tile with Cow tow n R and related items for the City of Fort Worth; stating that the Director of Fiscal Services Materials certifies that the funds required for the anticipated expenditures of each department eligible to participate in the agreement are available in the Treasury to the credit of the appropriate funds; and recommending that a purchase agreement be authorized with Cowtown Materials on its low bid of unit prices and unlisted items at dealer's list price net, f.o.b. Fort Worth, with term of agreement to begin October 22, 1991, and end October 21, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5278 re There was presented Mayor and Council Communication No. P-5278 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement for small engine with Action Rental repair for the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in the agreement are available in the Treasury to the credit of the appropriate fund; and recommending that a one-year purchase agreement be authorized with Action Rental based on overall low bid of $22.50 per hour for labor and replacement parts at dealer list price less ten percent discount, with term of agreement to begin October 28, 1991, and end October 27, 1991, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5279 re There was presented Mayor and Council Communication No. P-5279 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide hardwood with Paxton Lumber materials for the City of Fort Worth; stating that the Director of Fiscal Services certifies Company that the funds required for the anticipated expenditures of each department eligible to participate in the agreement are available in the Treasury to the credit of the appropriate funds; and recommending that the City Council authorize a purchase agreement with Paxton Lumber Company on its low overall total of unit prices and unlisted items at dealers list price less two percent discount net, f.o.b. Fort Worth, with term of agreement to begin November 27, 1991, and end November 26, 1992, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C, P-5280 re There was presented Mayor and Council Communication No. P-5280 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement to provide with Victoria industrial bearings for the Water Department; stating that the Director of Fiscal Services Bearing, FW Inc. certifies that the funds required for the agreement are available in the current operating budget, as appropriated, of the Water and Sewer Fund; and recommending that the purchase agreement be authorized with Victoria Bearing, FW, Inc., on its overall low bid of unit prices; and that the agreement to be exclusive for the Water Department, with term of agreement to begin October 22, 1991, and end October 21, 1992, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5281 re There was presented Mayor and Council Communication No. P-5281 from the City Manager sole source agree- stating that the City Council authorized the purchase of the automatic call distribution ment with Drake Communications, system from Drake Communications, Inc., on August 29, 1989, to serve the Customer Service Inc,. Division of the Water Department; that the Division receives virtually all telephone inquiries from complaints concerning new service, bill amounts, etc; that the establishment of the maintenance agreement will enable Drake Communications, Inc., to continuously service the automatic call distribution system; and recommending that the a one-year sole source agreement be authorized with Drake Communications, Inc., for maintenance of the automatic call distribution system utilized by the Water Department for a total cost of $5,890.00, with term of agreement to begin October 1, 1991, and end September 30, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5282 re There was presented Mayor and Council Communication No. P-5282 from the City Manager purchase agreement with C he mlink stating that the City Council approved a purchase agreement on July 6, 1989, by Mayor and Inc. Petroleum Council Communication No. P-3573 with Chemlink Ind. Petroleum Chemicals to supply polymer Chemicals to the Water Department for one year with option to renew for one additional year; that the option to renew was authorized on May 29, 1990, with an expiration date of July 6, 1991, and was extended on June 18, 1991, by Mayor and Council Communication No. P-5052; that the Water Department staff, Village Creek Wastewater Treatment Plant, requested a three-month extension of the current agreement for polymer; that the dissolved air flotation thickeners (Daft) system, newly implemented, still has many start-up problems; that a different product could produce different results and therefore request the three-month extension of the Minutes of City Council S-3 Page 547 Tuesday, October 22, 1991 &C P-5282 cont. current agreement; that the estimated expenditure for the extension is $60,000.00; stating that the Director of Fiscal Services certifies that the funds required for this agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-5052 to extend the expiration date of a purchase agreement with Chemlink Ind. Petroleum Chemicals to supply polymer to the Water Department to a new expiration date of January 9, 1992. . It was the consensus of the City Council that the recommendation be adopted. &C P-5283 re There was presented Mayor and Council Communication No. P-5283 from the City Manager urchase from submitting a tabulation of bids received for the purchase of one portable Rockwell W-1250 &R Utilities, Inc.meter for the Water Department; stating that the Director of Fiscal Services certifies that the funds required for this expenditure are available in the operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council approve the purchase from 0&R Utilities, Inc., for the Water Department on its low bid of $5,600.00, net f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-5284 re There was presented Mayor and Council Communication No. P-5284 from the City Manager urchase ftom submitting a tabulation of bids received for the purchase of the D.A.R.E. Program T-shirts, eggy.Ann?scAdty. buttons, bumper stickers, rulers, and workbooks for the Police Department; stating that the ertising Speciali Director of Fiscal Services certifies that the funds required for this expenditure are ies, Inc., and available in the current operating budget, as appropriated, of the Grants Fund; and raphics 2 recommending that the purchase be made on a low -bid -item basis, as follows: Items Total 1. Peggy Ann's Lines 1-14,18,19 $7,960.06 Advertising Specialities, Inc. Arlington, TX 2. Graphics 2 Lines 15-17 $1,684.25 Fort Worth, TX &C P-5284 adopted 11 It was the consensus of the City Council that the recommendation be adopted. &C P-5285 re There was presented Mayor and Council Communication No. P-5285 from the City Manager mergency purchase recommending that the City Council confirm the award of an order in the amount of $8,789.76 rom American for the repairs of the logging recorders for the Police Department, with funds available in ommunications the Communication Fund. It was the consensus of the City Council that the award of an order The approved, confirmed, and ratified. There was presented Mayor and Council Communication No. P-5286 from the City Manager &C P-5286 re stating that a one-year purchase agreement was authorized on August 27, 1991, by Mayor and urchase form Council. Communication No. P-5160 to supply firefighter boots, helmets, and suspenders to the alprin Supply Fire Department; that, in September, the vendor notified the Purchasing Department that they could not supply the item at the quoted price of $65.00; that the Director of Fiscal Services certifies that the money required for the anticipated expenditures is available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize cancellation of award to Chief Fire and Safety Company, Inc., for item 2, hip boots, on Mayor and Council Communication No. P-5160, dated August 27, 1991; removal of Chief Fire and Safety Company, Inc., for a period of one year from the vendor's list; and reaward item 2, hip boots, to the next low bidder, Halprin Supply, at unit price of $75.90. It was the consensus of the City Council that the recommendations be adopted. P-5287 re urchase There was presented Mayor and Council Communication No. P-5287 from the City Manager urchase from owles and Eden submitting a tabulation of bids received for the purchase of various sizes of meter quipment Company couplings for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available An the Water and Sewer Fund; and y recommending that the purchase be made from Bowles and Eden Equipment Company on its low bid of $22,037.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-5288 re There was presented Mayor and Council Communication No. P-5288 from the City Manager urchase agreement submitting a tabulation of bids received for a purchase agreement to furnish anthracite ith Northern filter media to the Water Department; stating that the Director of Fiscal Services certifies ravel Company that the funds required for this agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Northern Gravel Company on its low bid of unit prices of $220.30 per ton delivered to Rolling Hills Water Treatment Plant by rail; $228.30 per ton delivered to Rolling Hills Water Treatment Plant by truck; and $228.30 per ton delivered to Holly Water Treatment Plant by truck, with term of agreement to begin October 30, 1991, and end October 29, 1992, with options to renew for two additional years. It was the consensus of the City Council that the recommendations be adopted. &C P-5289 re There was presented Mayor and Council Communication No. P-5289 from the City Manager greement with stating that the City Council approved the purchase of the Super Payroll/Personnel software e nest' s Software package on July 24, 1979, by Mayor and Council Communication No. P-1323 from Wang y s tems Laboratories, Inc.; that Wang has since sold all rights to this product to Genesys Systems, Minutes of City Council S-3 Page 548 Tuesday, October 22, 1991 M&C P-5289 cont. Inc.; that the maintenance package includes correction of any errors found in the system, and adopted limited training for City personnel, and updates to comply with any changes in the legislation, both for tax calculations and personnel reporting; and recommending that the City Council authorize the renewal of the agreement with Genesys Software Systems for the maintenance and support of the Super Payroll/Personnel software package for a period from November 1, 1991, through October 31, 1992, in an amount not to exceed $18,415.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5290 re There was presented Mayor and Council Communication No. P-5290 from the City Manager purchase from stating that the City Council on July 2, 1991, by Mayor and Council Communication No. P-5066 National Guardian awarded the purchase and installation of fence and gates from National Guardian in the amount of $133,743.00 to be installed at Meacham and Spinks Airports; that staff requests the installation of two telephone access systems call boxes be located at the new gates on Falcon Way and Commander Road at Meacham Airport; these entry systems will allow customers who use airport businesses to gain access to the locations that are being secured by the new gates; that an additional amount of $3,529.00 is needed to complete this service; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the operating budget, as appropriated, of the Special Trust Fund; and recommending that the City Council amend the total of Mayor and Council Communication No. P-5066, dated July 2, 1991, for purchase and installation of fence and gates for the Aviation Department from National Guardian to read a total of $137,272.00 net, f.o.b. Fort Worth. Assistant City Assistant City Manager Ramon Guajardo, appeared before the City Council and advised Manager Ramon Guajardo re M&C, the City Council that airport business customers will be able to dial their tenants, using P-5290 the telephone access system call boxes and gain entrance to the locations that currently secured by the new gates; and advised the City Council that it would be difficult to collect from all of the tenants the cost of the installation; and stated that each contract with every tenant would need to be amended in order to recover the cost of the installation which would require many hours of staff time. M&C P-5290 adopted Council Member Chappell made a motion, seconded by Council Member Silcox, that the recommendation, as contained in Mayor and Council Communication No. P-5290 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-5291 re agreement with There was presented Mayor and Council Communication No. P-5291 from the City Manager Midwest ATC recommending that the City Council exercise its first of four options to renew the agreement Service, Inc. to furnish and provide air traffic control services for the Aviation Department with Midwest ATC Service, Inc., for the fiscal 91-92 year at an annual cost of $121,440.00, with term of agreement to begin October 1, 1991, and end September 30, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C L-10667 re There was presented Mayor and Council Communication No. L-10667 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Tract 25, R.R. portion of Tract 25, R.R. Ramey Ramey Survey, Abstract 1341; find that $5,725.00 is just compensation for property acquired Survey from Marsha Waddell Moller, Power of Attorney for Earl R. Waddell for Green Oaks Boulevard (PASS) Project; and authorize the acceptance and recording of the appropriate deed. City Manager Ivory In answer to Council Member Silcox's question, City Manager Ivory advised City Council re appraisal that there has been instances whereby after the appraisal had been done on property it was on property M&C necessary to condemn the property and, in his opinion, it is -more prudent to hire an outside L-10667 firm to perform the appraisal when the value ; of the property was over a certain money amount. Assistant City Assistant City Manager Ramon Guajardo, appeared before the City Council and advised Manager Ramon the City Council that the acquisition of right-of-way and easements in the 3100 block of Guajardo re Cooks Lane is a state funded project and that a requirement of the contract is that of an M&C, L-10667 independent appraiser to perform the appraisal of the property and advised the City Council that different appraisers would be used to perform the appraisals. Council Member Silcox re M&C Council Member Silcox requested that a paragraph be included i n the M&C to explain the L-10667 use of an independent appraiser. Assistant City Assistant City Manager Ramon Guajardo advised the City Council that an outside Manager Ramon appraiser is contacted if the value of the property exceeds an amount of $2,500.00. Guajardo re M&C L-10667 Council Member Silcox made a motion, seconded by Council Member Chappell, that the M&C L-10667 adopted recommendations, as contained in Mayor and Council Communication No. L-10667, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10668 re acquisition of There was presented Mayor and Council Communication No. L-10668 from the City Manager portion of Tract recommending that the City Councilapprove the acquisition of a portion of Tract 25A, R.R. 25A, R.R. Ramey Survey, Abstract 1341; find that $10,400.00 is just compensation for property acquired Ramey Survey from Mrs. Lloyd Waddell for Green Oaks Boulevard (PASS) Project; and authorize the acceptance and recording of the appropriate deed. Council Member Woods made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. L-10668, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council S-3 Page 549 Tuesday, October 22, 1991 &C L-10669 re There was presented Mayor and Council Communication No. L-10669 from the City Manager cquisition of recommending that the City Council approve the acquisition a portion of Lot 6, Block 18, ortion of Lot 6, Glen Park Addition; find that $375.00 is just compensation for lock 18, Glen � j p property acquired from ark Addition Millbrook Investments Company for reconstruction of Martin Avenue; and authorize the acceptance and recording of the appropriate deed. Council Member Woods made a motion, seconded by Council Member McCray, that the recommendations be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C L-10670 re There was presented Mayor and Council Communication No. L-10670 from the City Manager cquisition of a recommending that the City Council authorize the acquisition of a portion of Tract 20A2, ortion of Tract R.R. Ramey Survey, Abstract 1341; find that $5,800.00 is just compensation for property OA2, R.R. Ramey acquired from Benedict A. Termini and wife, Trudy E. Termini, for Green Oaks Boulevard u rvey Project; and authorize the acceptance and recording of the appropriate deed. Council Member Woods made a motion, made a motion, seconded by Council Member McCray, that the recommendations be adopted. &C L-10671 re There was presented Mayor and Council Communication No. L-10671 from the City Manager cquisition of a recommending that the City Council authorize the acquisition of a'portion of Lot 1, Block ortion of Lot 1, 1, Pecan Grove Addition; find that $6,300.00 is just compensation for property acquired from lock 1, Pecan Jake Cook, Independent Executor of the Estate of Arvy B. Cook and Blanche Cook required for rove Addition Green Oaks Boulevard Project; and authorize the acceptance and recording of the appropriate deed. Council Member Puente made a motion, seconded by Council Member Silcox, that the recommendation be adopted. olonel Claude Colonel Claude Branson, Jr., 821 Havenwood Lane South, appeared before the City ranson, Jr. re Council and expressed opposition to the addition of the words "or waiver" being added to the ext amendment text amendment zoning ordinance regarding regulation of quarries, mines, dredging oning ordinance operations, and sand and gravel pits and excavation operations and stated the intent of the City Zoning Commission was to give the Board of Adjustment variance power and not waiver power. r. Brent Dickey re Mr. Brent Dickey, 3320 McLean, appeared before the City Council and requested that ext amendment City Council take the necessary actions in order to correct the zoning ordinance text oning ordinance amendment approved on last week and advised the City Council that with the words "or waiver" the ordinance, in his opinion, is useless. ayor Granger re Mayor Granger advised the City Council that the only way for the City Council to ext amendment reconsider this item would be for the City Council to initiate and send the zoning ordinance oning ordinance text amendment ordinance back to the City Zoning Commission in order to start the process over again. r. Joe Bilardi e text amendment oning ordinance ouncil Member ilcox re text mendment zoning rdinance r. Jim Schell re ext amendment oning ordinance s. Kristie Wisema e City-wide ecycling program Mr. Joe Bilardi, Director of the Development Department, appeared before the City Council and advised the City Council that it would be more appropriate for the City Council to initiate the order for the zoning case to go back to the City Zoning Commission since the City Council was the one that made the change in the ordinance. Council Member Silcox requested that staff place an item on the City Council agenda for next week for the reconsideration of the zoning ordinance text amendment regarding sand and gravel pits. Mr. Jim Schell, 901 Fort Worth Club, appeared before the City Council and expressed opposition to the City Council reconsidering the zoning ordinance text amendment. It was the consensus of the City Council that said zoning ordinance text amendment by amending Section 1, regarding regulations of quarries, mines, dredging operations, sand and gravel pits and excavation operations be placed on for next week's agenda for discussion. Ms. Kristie Wiseman, representing Citizens for Curb Side Recycling, 2424 Colonial Parkway, appeared before the City Council and advised the City Council of the need to conserve landfill space and commended the City on its effort of purchasing only recycled paper and challenged the City of Fort Worth to expand its vision of the recycling program. &C PZ -1631 re I There was presented Mayor and Council Communication No. PZ -1631 from the City Manager acating a portion recommending that an ordinance be adopted vacating a portion of West Bolt Street from a f West Bolt Street point in line with the east right-of-way line of a 15 foot wide alley located in Block 8, Blanton's Addition and extending easterly to the northwest right-of-way line of the Atchison, Topeka, and Santa Fe Railroad and a portion of Gordon Avenue, located between Blocks 1 and 13, Blanton's Addition, from the south right-of-way line of Drew Street to the north right-of-way line of West Bolt Street. It was the consensus of the City Council that the recommendation be adopted. ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. rdinance 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 550 ooI Tuesday, October 22, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10944 10944 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING TWO STREET RIGHTS-OF-WAY LOCATED WITHIN BLANTON'S ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1632 re There was presented Mayor and Council Communication No. PZ -1632 from the City Manager vacating utility recommending that an ordinance be adopted vacating a five-foot wide by approximately 166 easement foot long utility easement located adjacent to the east property line of Lot 9-R, Block 3, Fields Welch Addition; and a ten -foot wide by 94.67 foot long utility easement located in the northern portion of the same Lot 9-R and lying equal -distant north and south of the most southerly property line of Lot 10-A, Block 3, Fields Welch Addition and extending easterly 94.67 feet to the west property line of Lot B, Bertha Harmon Subdivision. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Chappell 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, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10945 10945 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING TWO UTILITY EASEMENTS LOCATED WITHIN THE FIELDS WELCH ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-13089 re There was presented Mayor and Council Communication No. C-13089, dated October 8, contract with' ..� 1991, from the City Manager stating that SuperShuttle D/FW Inc., was authorized by the City Super_Shuttle.D/FW.:. Council on October 27, 1987, by Mayor and Council Communication No. C-10621 to provide Inc prearranged and scheduled airport van service between D/FW Airport and all points within Fort Worth; that the license has been extended several times, however the current license period expired on May 21, 1991; that the new contract provides for a term beginning May 21, 1991, and ending May 21, 1992, with an option to renew for two additional one year terms; that SuperShuttle has paid in advance its annual street rental fee of $1,000.00; and recommending that the City Manager be authorized to execute a contract with SuperShuttle D/FW Inc., granting to SuperShuttle a license to provide prearranged and scheduled "shared - ride" van service between Fort Worth and Dallas/Fort Worth International Airport for a period of one year, with an option to renew for up to two additional terms of one year each. Deputy City Deputy City Attorney Bill Woods, appeared before the City Council and advised the City Attorney Bill Woods Council that, in his opinion, we should not involve ourselves in increasing the fares of re M&C C-13089 taxes until their lease is up in 1995 and advised the City Council that D/FW did adopt a set of rules and regulations with respect to the operation of shared rides and requested that City Council give the Law Department some guidance on whether or not a long range comprehensive plan should be implemented. M&C C-13089 adoptec Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that the recommendation, as contained in Mayor and Council Communication No. C-13089, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13099 re There was presented Mayor and Council Communication No. C-13099 from the City Manager with Texas Dept. grant application recommending that the City Manager submit a grant application to the Texas Department of of Community Community Affairs, Community Services Block Grant program for $652,994.00 to be used during Affairs the program year beginning October 1, 1991, and ending September 30, 1992; that the City Manager execute a contract with the Texas Department of Community Affairs upon approval of the City's application; that the City Manager execute contracts with the Texas Department of Community Affairs for any additional funds that become available during the 1991 - 1992 program year; and authorize application of the indirect cost rate of 18.73 percent in accordance with the City's Administrative Regulation 3-15, representing the most recent Minutes of City Council S-3 Page 551 Tuesday, October 22, 1991 M&C C-13099 cont. and adopted approved rate for the department. It was the consensus of the City Council that the recommendations be adopted. M&C C-13100 re There was presented Mayor and Council Communication No. C-13100 from the City Manager amendment with stating that the City Council on December 11, 1990, by Mayor and Council Communication Leo A. Daly Com- No. C-12639 accepted an assignment of a contract with the Leo A. Daly Company for pany professional services on the project and approved Amendment No. 1 for construction cont. until after executive session inspection services for a fee of $70,000.00; that Amendment No. 2 for $2,280.00 was approved administratively for alterations of cabinet design required by the FAA; that the City Council approved Amendment No. 3 on August 27, 1991, by Mayor and Council Communication No. C-13032 for $2,820.00 for additional design requested by the FAA; that the fee for construction inspection will be exceeded with the extension of time for completion of the construction of the project; that Leo A. Daly Company estimates that they can finish their work for an additional fee of $16,000.00; that the Director of Fiscal Services certifies that funds are available for this amendment in the current capital budget, as appropriated, of the Alliance Airport Fund; and recommending that the City Manager be authorized to increase the contract with the Leo A. Daly Company by $16,000.00 for additional inspection services on the Alliance Airport Traffic Control Tower, bringing the total contract amount to $86,000.00. City Manager Ivory re M&C C-13100 City Manager Ivory advised the City Council that the $16,000.00 for additional inspection service is reimbursable. Council Member Council Member Chappell made a motion, seconded by Council Member Meadows, that the Chappell re M&C recommendation, as contained in Mayor and Council Communication No. C-13100, be adopted. C-13100 When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13101 re There was presented Mayor and Council Communication No. C-13101 from the City Manager cont. until after executive session stating that the City Council authorized execution of an engineering agreement on August 6, 1991, by Mayor and Council Communication No. C-12999 with Multatech Engineers, Inc., for preparation of plans and specifications for the energy system improvements, IV C3 at the Village Creek Wastewater Treatment Plant; that this amendment is for the design of a temporary digester heating system to maintain digester temperatures during the 1991-92 winter; that this system is necessary in order for the plant to meet permit requirements and avoid the addition of lime to the sludge to meet criteria for the land application of sludge; that the system is expected to cost approximately $83,000.00 and could save approximately $480,000.00 in chemical costs; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget of the Commercial Paper Sewer Fund; and recommending that the City Council authorize the City Manager to execute Amendment No. 1 to the engineering agreement with Multatech Engineers, Inc., City Secretary Contract No. 18680, for the design of Energy System Improvements, IV C3, increasing the fixed fee amount by $15,000.00. City Manager Ivory re M & C C-13101 City Manager Ivory advised the City Council that he is unable to answer technical questions with regard to the design of energy system improvements and requested that the City Council continue this matter until after the executive session in order to have someone from the Water Department available to answer questions. Council Member Silcox made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. C-13101, be continued until after executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13102 re There was presented Mayor and Council Communication No. C-13102 from the City Manager, construction of as follows: water intake on Lake Benbrook SUBJECT: INTERLOCAL AGREEMENT BETWEEN.TARRANT COUNTY WATER CONTROL AND IMPROVEMENTS DISTRICT NO. 1, CITY OF BENBROOK AND CITY OF WEATHERFORD FOR CONSTRUCTION OF A WATER INTAKE ON LAKE BENBROOK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement between the Tarrant County Water Control and Improvement District No. 1, Benbrook Water and Sewer Authority and the City of Weatherford for construction of a water intake on Lake Benbrook. DISCUSSION: In 1986, the Tarrant County Water Control and Improvement District No. 1 was granted the unappropriated water rights in Lake Benbrook. The City of Fort Worth, Benbrook Water and Sewer Authority (BWSA) and the City of Weatherford share water rights in Lake Benbrook which are being managed by the District. BWSA proposes to contract for the construction of a raw water intake which will provide higher quality water than is currently available. This intake has been designed so that Fort Worth May tie on in the future if it is deemed desirable. Currently Fort Worth treats water which is released from Lake Benbrook into the Clear Fork on the Trinity River for use at the Holly Water Treatment Plants. Minutes of City Council S-3 Page 552 v53 Tuesday, October 22, 1991 M&C C-13102 cont. The purpose of this Interlocal Agreement is to establish the responsibilities of each entity in the construction and operation of this intake. Fort Worth will not participate in the cost of the intake until such time as Fort Worth ties into the structure. If Fort Worth ties into the intake, the participation by Fort Worth will by 57 percent of the cost of design and construction of the intake which is estimated to be $1.7 million. This tie-in will not be necessary unless a raw water conduit is constructed from Lake Benbrook to the Holly Water Treatment Plants. The Fort Worth participation is based ont he anticipated water use by the three entities in 2010. FISCAL INFORMATION/CERTIFICATION: There is no cost to Fort Worth associated with this Interlocal Agreement unless Fort Worth ties into the intake in the future. M&C C-13102 adopte� It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13102, be adopted. M&C C-13103 re There was presented Mayor and Council Communication No. C-13103 from the City Manager lease with Dobbs stating that, under City Secretary Contract No. 16743 as amended and extended by City Houses, Inc. Secretary Contract No. 17828, Dobbs Houses, Inc., operates the restaurant and cocktail bar in the Meacham Airport terminal building; that the amendment expired and the tenant seeks to continue its operation of the restaurant and cocktail bar; that the term of the lease will begin on October 1, 1991, and expire on September 30, 1992, with a successive one year option to renew as long as the tenant is in compliance with the terms and conditions of the lease; that the rental rate during this term will remain at $500.00 per month for an annual total of $6,000.00; and recommending that the City Manager be authorized to enter into a lease with Dobbs Houses, Inc., for operation of the Meacham Airport terminal restaurant and cocktail bar. It was the consensus of the City Council that the recommendation be adopted. M&C C-13104 re There was presented Mayor and Council Communication No. C-13104 from the City Manager cont. f o r one stating that the City has maintained Washington consultation services in the past through week the National Center for Municipal Development; that the current contract expired on September 30, 1991; that NCMD's associate over the City's contract the last 18 months has been Jeffrey Richard; that he has left employment with NCMD and it is recommended that the City maintain Mr. Richard as the City's consultant in Washington; that the services to be performed under the proposed contract are similar to those contained in previous agreements with NCMD; that the cost of the basic contract will be $92,940.00 payable in advance in four equal installments of $23,235.00 each on October 1, 1991, January 1, April 1, and July 1, 1992; that the total reimbursable expenses will not exceed $7,000.00; and recommending that the City Manager be authorized to enter into a personal service contract with Jeffrey K. Richard in the amount of $92,940.00 for basic services and authorize up to $7,000.00 for approved reimbursable expenses, for a total contract not to exceed $99,940.00, with contract period beginning October 1, 1991, and ending September 30, 1992, with an option to renew. Mr. Joe Paniagua Mr. Joe Paniagua, Administrative Analyst for Legislative Affairs, appeared before the re M&C C-13104 City Council and advised the City Council of the contract amount for representation in Washington, D.C. for fiscal year 1990-91. City Manager Ivory City Manager Ivory advised the City Council that the increase in the contract is re M & C C-13104 related to the acquisition of some computer equipment and that it was not feasible for the City of Fort Worth to purchase computer equipment to be used and kept in Washington, and advised City Council that the increase is not for the over expenditure of last years contract. Mayor Pro tempore Webber made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. C-13104 be adopted. Council Member Puente made a substitute motion, seconded by Council Member Matson, that consideration of Mayor and Council Communication No. C-13104 be continued for one week. When the motion was put to a vote by the Mayor, it failed by the following vote: AYES: Council Members Puente, Silcox, and Matson NOES: Mayor Granger; Mayor Pro tempore Webber; Council Members McCray, Woods, Meadows, and Chappell ABSENT: None When the motion, that Mayor and Council Communication No. C-13104 be adopted was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Matson, McCray, Woods, Meadows, and Chappell ... NOES: Council Member Puente and Silcox ABSENT: None Minutes of City Council S-3 Page 553 Tuesday, October 22, 1991 Mr. Richard Sawey Mr. Richard Sawey, Director of the Water Department, appeared before the City Council re M&C, C-13101 and advised the City Council that the savings of approximately $480,000.00 is over a one year period of time and that the savings will be an ongoing process as long as the temperature of the digesters can be maintained at 85 degrees. M&C C-13101 adoptel Council Member Silcox made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-13101, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2876 re . There was presented Mayor and Council Communication No. FP -2876 from the City Manager final payment to recommending that the City Council accept as complete the construction of Concrete Centerline Con- Restoration (90-1), Street Improvements. in accordance with contract plans, specifications, structors, Inc. and requirements; and authorize final payment of $10,033.70 to Centerline Constructors, Inc., with funds available in the Contract Street Maintenance Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2877 re There was presented Mayor and Council Communication No. FP -2877 from the City Manager final payment to recommending that , the City Council . accept as complete the apron, taxiway and site Orval Hall Excava- improvements at Meacham Airport/Page Avjet in accordance with contract plans, ting Company specifications, and requirements; and recommending that the City Council authorize final payment of $18,139.87 to Orval Hall Excavating Company with funds available in the current capital budget, as appropriated, of the Aviation Improvements Capital Projects Funds. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2878 re There was presented Mayor and Council Communication No. FP -2878 from the City Manager final payment to Willard Smith Con- recommending that the City Council accept as complete the contract with Willard Smith Construction Company for pipe rigs.at Alta Mesa and Como Pum Stations and authorize final struction Company p payment in the amount of $7,800.00 to Willard Smith Construction Company, which is the final project cost. It was the consensus of the City Council that the recommendations be adopted. Met in closed or It was the consensus of the City Council that the City Council meet in closed for executive session executive session for the following purpose: 1. To seek the advice of its attorneys concerning the following pending litigation and other matters which are exempt from public disclosure by Rule 1.05, Teas Disciplinary Rules of Professional Conduct (Article X, Section 9, State Bar Rules): a. Environmental code enforcement procedures with respect to the following residences within the City of Fort Worth: 3337 Parkridge Boulevard 3010 Simondale Drive b. Fort Worth Club and Tavern Association Vs. City of Fort Worth, Cause No. 48-132075-90. C. I-Gotcha, Inc. d/b/a/ Wranglers et al Vs. City of Fort Worth, Cause No. 48-132076-90. as authorized by Section 2(e), Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened into regular session with all members present. regular session Adjourned ere being no further business, the meeting was adjourned. ACTING/41TV/ SECRETARY Minutes of City Council S-3 Page 554 MAYOR There was presented Mayor and Council Communication No. C-13101 from the City Manager M&C C-13101 re stating that the City Council authorized execution of an engineering agreement on August 6, amendment with 1991, by Mayor and Council Communication No. C-12999 with Multatech Engineers, Inc., for M u tlta tech preparation of plans and specifications for the energy system improvements, IV C3 at the Engineers, Inc. Village Creek Wastewater Treatment Plant; that this amendment is for the design of a temporary digester heating system to maintain digester temperatures during the 1991-92 winter; that this system is necessary in order for the plant to meet permit requirements and avoid the addition of lime to the sludge to meet criteria for the land application of sludge; that the system is expected to cost approximately $83,000.00 and could save approximately $480,000.00 in chemical costs; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget of the Commercial Paper Sewer Fund; and recommending that the City Council authorize the City Manager to execute Amendment No. 1 to the engineering agreement with Multatech Engineers, Inc., City Secretary Contract No. 18680, for the design of Energy System Improvements, IV C3, increasing the fixed fee amount by $15,000.00. Mr. Richard Sawey Mr. Richard Sawey, Director of the Water Department, appeared before the City Council re M&C, C-13101 and advised the City Council that the savings of approximately $480,000.00 is over a one year period of time and that the savings will be an ongoing process as long as the temperature of the digesters can be maintained at 85 degrees. M&C C-13101 adoptel Council Member Silcox made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-13101, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2876 re . There was presented Mayor and Council Communication No. FP -2876 from the City Manager final payment to recommending that the City Council accept as complete the construction of Concrete Centerline Con- Restoration (90-1), Street Improvements. in accordance with contract plans, specifications, structors, Inc. and requirements; and authorize final payment of $10,033.70 to Centerline Constructors, Inc., with funds available in the Contract Street Maintenance Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2877 re There was presented Mayor and Council Communication No. FP -2877 from the City Manager final payment to recommending that , the City Council . accept as complete the apron, taxiway and site Orval Hall Excava- improvements at Meacham Airport/Page Avjet in accordance with contract plans, ting Company specifications, and requirements; and recommending that the City Council authorize final payment of $18,139.87 to Orval Hall Excavating Company with funds available in the current capital budget, as appropriated, of the Aviation Improvements Capital Projects Funds. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2878 re There was presented Mayor and Council Communication No. FP -2878 from the City Manager final payment to Willard Smith Con- recommending that the City Council accept as complete the contract with Willard Smith Construction Company for pipe rigs.at Alta Mesa and Como Pum Stations and authorize final struction Company p payment in the amount of $7,800.00 to Willard Smith Construction Company, which is the final project cost. It was the consensus of the City Council that the recommendations be adopted. Met in closed or It was the consensus of the City Council that the City Council meet in closed for executive session executive session for the following purpose: 1. To seek the advice of its attorneys concerning the following pending litigation and other matters which are exempt from public disclosure by Rule 1.05, Teas Disciplinary Rules of Professional Conduct (Article X, Section 9, State Bar Rules): a. Environmental code enforcement procedures with respect to the following residences within the City of Fort Worth: 3337 Parkridge Boulevard 3010 Simondale Drive b. Fort Worth Club and Tavern Association Vs. City of Fort Worth, Cause No. 48-132075-90. C. I-Gotcha, Inc. d/b/a/ Wranglers et al Vs. City of Fort Worth, Cause No. 48-132076-90. as authorized by Section 2(e), Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened into regular session with all members present. regular session Adjourned ere being no further business, the meeting was adjourned. ACTING/41TV/ SECRETARY Minutes of City Council S-3 Page 554 MAYOR