HomeMy WebLinkAbout1991/10/29-Minutes-City CouncilCITY COUNCIL MEETING
OCTOBER 29, 1991
Council MetII On the 29th 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:
Members Present 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; Mayor Kay
Granger absent; with more than a quorum presen.t,, at which time the following business was
transacted:
Invocation
The invocation was given by The Reverend Marjorie Montgomery, Unitarian Universalist
Church.
Pledge of
Allegiance
The Pledge of Allegiance was recited.
Minutes of October
On motion of Council Member Woods, seconded by Council Member Meadows, the minutes of
22, 1991 approved
the meeting of October 22, 1991, were approved.
Council Member
McCray excused hi
Council Member McCray excused himself from the Council Chamber at this time.
self from the
Council Chamber
A proclamation for the Sixth Annual Community Conference Day was presented to Mrs.
Proclamation -
Lynne Manny.
Sixth Annual
Community Con-
Council Member Woods requested that Mayor and Council Communication Nos. G-9357,
f e re nce Day
P-5292, and L-10676 be withdrawn from the consent agenda.
Withdrew M&C Nos.
G-9357, P-5292,
Council Member Chappell requested that Mayor and Council Communication No. G-9361 be
and L-10676
withdrawn from the consent agenda.
Withdrew M&C
G-9361
Council Member Silcox requested that Mayor and Council Communication Nos. P-5297 and
Withdrew M&C Nos.
P-5301 be withdrawn from the consent agenda.
P-5297, P-5301
Withdrew M&C Nos.
Council Member Meadows requested that Mayor and Council Communication Nos. C-13110 and
C-13110, FP -2879
FP -2879 be withdrawn from the consent agenda.
Withdrew M&C Nos.
G-9351, G-9360,
City Manager Ivory requested that Mayor and Council Communication Nos. G-9351, G-9360,
PZ -1634
land PZ -1634 be withdrawn from the consent agenda.
Consent Agenda On motion of Council Member Chappell, seconded by Council Member Silcox, the consent
approved agenda, as amended, was approved.
Nominated Mr. L.
Michael McKee to Council Member Matson nominated Mr. L. Michael McKee for membership on the Library
the Library Ad- Advisory Board and made a motion, seconded by Council Member Woods, that Mr. L. Michael
viso ry Board McKee be appointed to Place 4 on the Library Advisory Board, with a term of office expiring
October 1, 1992. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
Nominated Ms. Ree Council Member Woods nominated Ms. Reed Bilz for membership on the Fort Worth
Bilz to the Commission on the Status of Women and made a motion, seconded by Council Member Matson, that
Fort Worth Ms. Reed Bilz be reappointed to Place No. 6 on the Fort Worth Commission on the Status of
Commission on the Women, with a term of office expiring October 1, 1992. When the motion was put to a vote
Status of Women by the Mayor Pro tempore, it prevailed unanimously.
Nominated Mr. Nici Council Member Meadows nominated Mr. Nick Genua for membership on the City Plan
Genua to the City Commission and made a motion, seconded by Council Member Chappell, that Mr. Nick Genua be
Plan Commission appointed to Place 7 on the City Plan Commission, with a term of Office expiring October 1,
1993. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
Appointed M r. J.P Council Member Chappell made a motion, seconded by Council Member Meadows, that the
Shull to the appointment of Mr. J.P. Shull to Seat 9, on the Private Industry Council, representing HEB
Private Industry Chamber of Commerce, be approved, confirmed, and ratified. When the motion was put to a
Council vote by the Mayor Pro tempore, it prevailed unanimously.
Accepted with re- Council Member Woods made a motion, seconded by Council Member Puente, that the
grets resignation resignation of Ms. Wyntress D. Ware from the Personnel Commission be accepted with regrets.
of Ms. Wy n tres s B When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
Ware
Policy Proposal There was presented Policy Proposal No. CP -166 as proposed by Council Member David
No. CP -166 lChappell, as follows:
It is proposed that the following policy be adopted by the Fort Worth City
I Council regarding privatization of certain service functions:
1. The City Council of the City of Fort Worth encourages the use of
private vendors, organizations and other sources for the delivery
of municipal services and functions when this can be done in an
efficient and cost effective manner.
2. The City Council shall expect the staff to review and recommend
such private initiatives as an overall ongoing public policy and
management strategy and as such, all areas of government are
subject to review by staff with a view to privatization. (This
should not be taken as a predetermination that privatization will
occur, but that the staff should justify their recommendation for
continuation of our current non -private methods.)
Minutes of City Council S-3 Page 555
CP -166 cont.
Tuesday, October 29, 1991
DBUSSMN
The City Council Privatization Committee has begun to explore the increased use
of non-public entities to deliver certain municipal services. The proposed
policy statement provides the necessary directive to the city staff to
expeditiously pursue these efforts, with a presumption that many current city
services can be performed in a more efficient and cost effective manner, and
that a thorough staff review and report be made on a department by department
basis.
LEGALITY
The legal implications of privatization of any municipal function or service
should be carefully studied. Although a municipal corporation generally has
broad power to contract for the performance of municipal functions, it may not
contract away its governmental powers. In addition, in those situations where
the city is authorized to contract, it may be required to comply with
competitive bidding statutes and other applicable purchasing procedures.
Finally, a true assignment of the costs and benefits of any privatization should
take into account the effect on the City's potential tort liability.
FISCAI NOTF
There is no negative fiscal impact associated with the adoption of this policy.
Each privatization opportunity, however, must be analyzed on an individual
basis. Before privatization of any function can responsibly be recommended, it
must be demonstrated that privatization would be cost effective in that
particular instance.
CITY MANAGER'S COMMENTS
The concept of privatization is currently utilized by the City of Fort Worth.
Management's objective is the delivery of municipal services in an efficient and
cost effective manner. If, after objective evaluation, privatization is in the
best interest of the citizens, that particular function should be performed by
the private sector. It is important that any privatization effort be consistent
with other City Council policy directives, and opportunities open to all
qualified providers, with special consideration for DBE as a continuing public
policy commitment.
CP -166 cont. Council Member Chappell made a motion, seconded by Council Member Meadows, that CP -166,
for one week Privatization Committee Recommendation, be continued for one week. When the motion was put
Introduced a to a vote by the Mayor Pro tempore, it prevailed unanimously.
Resolution Council Member Woods introduced a resolution and made a motion that it be adopted.
The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption
of said resolution, prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, Meadows, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1778
1778
REGARDING RECONSIDERATION BY ZONING COMMISSION
OF WAIVER LANGUAGE IN SAND AND GRAVEL ORDINANCE
WHEREAS, City Ordinance No. 10937 was adopted by the City Council on
October 15, 1991; and
WHEREAS, said ordinance contained specified criteria to be considered by
the Zoning Board of Adjustment in considering applications for special
exceptions for sand and gravel mining operations; and
WHEREAS, the ordinance contains language giving the Board the power to
grant a variance or waiver of the criteria list.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
That the City Council return Ordinance No. 10937 to the Zoning Commission
to study and recommend whether the word "waiver" should be deleted from the
ordinance.
Mayor Pro tempore
Webber announced Mayor Pro tempore Webber announced that the City Council is asking for the citizens'
Citizens' Guides help in a City-wide project to redraw district lines that will insure City government
for Reapportion- representation is as balanced as its population and advised citizens' that Citizens' Guides
men t for reapportionment for the City's eight single member districts are available in the City
Secretary's Office located on the third floor of City Hall.
Council Member Council Member Puente announced that a Hot Air Balloon Festival is being planned for
Puente re Hot Air December 7, 1991, at Fort Worth Meacham Airport for all citizens free of charge, and advised
Balloon Festival
Minutes of City Council S-3 Page 556
Tuesday, October 29, 1991
Larry W. Russell 1. Claimant: Larry W. Russell
Date Received: October 17, 1991
Date of Incident: September 18, 1991
Location of Incident: Mansfield Hwy & Campus Drive
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to automobile as result
of debris thrown from a City -owned truck.
Jeffrey Jackson 2. Claimant: Jeffrey Jackson
Date Received: October 17, 1991
Date of Incident: October 7, 1991
Location of Incident: 2621 NW 32nd Street
Estimate of Damages/
Injuries: $807.00
Nature of Incident: Claimant alleges that an underground water leak
was repaired and is requesting an adjustment of
water bill.
Robert H. Johnson 3. Claimant: Robert H. Johnson
Date Received: October 17, 1991
Date of Incident: September 13, 1991
Location of Incident: 5200 Block of James Street
Estimate of Damages/
Injuries: $1,848.46 - $2,023.61
Nature of Incident: Claimant alleges damages to vehicle as the result
of driving over an uncovered manhole.
Marjorie McLeroy 4. Claimant: Marjorie McLeroy and her son Curtis McLeroy,
and her son Curtis individually,
McLeroy McLeroy,deceased, d onandhall other
Edwin
possible
claimants or beneficiaries, whether names or
unnamed.
Date Received: October 17, 1991
Date of Incident: October 24, 1989
Attorney: Van Hunter Magee
Location of Incident: 5633 Odessa, Fort Worth, Tarrant County, Texas
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimants allege the wrongful death of Ernest
Edwin McLeroy as the result of negligence of Med
Star Ambulance Service and the City of Fort Worth.
Kenneth R. O'Neal 5. Cl aimant: Kenneth R. O'Neal
Date Received: October 18, 1991
Date of Incident: August 3, 1991
Attorney: Dushman & Friedman, P.C.
Location of Incident: 3733 Griggs
Estimate of Damages/
Injuries: $75,000.00
Nature of Incident: Claimant alleges injuries sustained as the result
of Police action.
Kenneth R. Mullenix 6. Claimant: Kenneth R. Mullenix
Date Received: October 18, 1991
Date of Incident: June 1, 1991
Attorney: Dushman & Friedman, P.C.
Location of Incident: 5233 Greenlee, Apt. #207
Estimate of Damages/
Injuries: $80,000.00
Nature of Incident: Claimant alleges injuries sustained as the result
of Police action.
Minutes of City Council S-3 Page 557
City Council that it is anticipated that a Mayor and Council Communication will be
considered at the City Council meeting on next week regarding the use of additional land at
Meacham Airport for various activities and parking and requested that City Council consider
supporting this event.
M&C OCS-351 re
There was presented Mayor and Council Communication No. OCS-351 from the Office of the
Liability Bonds
City Secretary recommending that the City Council authorize the acceptance of liability
bonds, as follows:
PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY
Jim Stump Cement Contractor Lawyers Surety Corporation
Westland Construction, Inc., St. Paul Fire and Marine
dba Cheyenne Enterprises Insurance Company
Salvador Espinoza Concrete Lawyers Surety Corporation
M&C OCS-351 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-352 re
There was presented Mayor and Council Communication No. OCS-352 from the Office of the
Claims
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 W. Russell 1. Claimant: Larry W. Russell
Date Received: October 17, 1991
Date of Incident: September 18, 1991
Location of Incident: Mansfield Hwy & Campus Drive
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to automobile as result
of debris thrown from a City -owned truck.
Jeffrey Jackson 2. Claimant: Jeffrey Jackson
Date Received: October 17, 1991
Date of Incident: October 7, 1991
Location of Incident: 2621 NW 32nd Street
Estimate of Damages/
Injuries: $807.00
Nature of Incident: Claimant alleges that an underground water leak
was repaired and is requesting an adjustment of
water bill.
Robert H. Johnson 3. Claimant: Robert H. Johnson
Date Received: October 17, 1991
Date of Incident: September 13, 1991
Location of Incident: 5200 Block of James Street
Estimate of Damages/
Injuries: $1,848.46 - $2,023.61
Nature of Incident: Claimant alleges damages to vehicle as the result
of driving over an uncovered manhole.
Marjorie McLeroy 4. Claimant: Marjorie McLeroy and her son Curtis McLeroy,
and her son Curtis individually,
McLeroy McLeroy,deceased, d onandhall other
Edwin
possible
claimants or beneficiaries, whether names or
unnamed.
Date Received: October 17, 1991
Date of Incident: October 24, 1989
Attorney: Van Hunter Magee
Location of Incident: 5633 Odessa, Fort Worth, Tarrant County, Texas
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimants allege the wrongful death of Ernest
Edwin McLeroy as the result of negligence of Med
Star Ambulance Service and the City of Fort Worth.
Kenneth R. O'Neal 5. Cl aimant: Kenneth R. O'Neal
Date Received: October 18, 1991
Date of Incident: August 3, 1991
Attorney: Dushman & Friedman, P.C.
Location of Incident: 3733 Griggs
Estimate of Damages/
Injuries: $75,000.00
Nature of Incident: Claimant alleges injuries sustained as the result
of Police action.
Kenneth R. Mullenix 6. Claimant: Kenneth R. Mullenix
Date Received: October 18, 1991
Date of Incident: June 1, 1991
Attorney: Dushman & Friedman, P.C.
Location of Incident: 5233 Greenlee, Apt. #207
Estimate of Damages/
Injuries: $80,000.00
Nature of Incident: Claimant alleges injuries sustained as the result
of Police action.
Minutes of City Council S-3 Page 557
I ►
00 �
Tuesday, October 29, 1991
arbara Campbell 7. Cl aimant: Barbara Campbell
Date Received: October 22, 1991
Date of Incident: April 22, 1991
Attorney: Charles Uzo Maduka
Location of Incident: Undeclared
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries as the result of Police
Action.
atri ci a M.P. Jones 8. Cl aimant: Patricia M.P. Jones
Date Received: October 22, 1991
Date of Incident: September 12, 1991
Location of Incident: Berry Street at Bishop Street
Estimate of Damages/
Injuries: $163.50 - $167.50
Nature of Incident: Claimant alleges damages to vehicle as the result
of road conditions.
tennis Johnson 9. Cl aimant: Stennis Johnson
Date Received: October 23, 1991
Date of Incident: September 21, 1991
Location of Incident: Trinity Park
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries suffered as the result
of being struck by a falling tree limb on City -
owned property.
eah Kessler 10. Claimant: Leah Kessler
Date Received: October 23, 1991
Date of Incident: August 13, 1991
Location of Incident: 2720 White Settlement St.
Estimate of Damages/
Injuries: $86.95
Nature of Incident: Claimant alleges damage to vehicle as the result
of road conditions.
&C OCS-352 adopted,
It was the consensus of the City Council that the recommendation be adopted.
&C OCS-353
orrespondence re There was presented Mayor and Council Communication No. OCS-353 from the Office of the
ppreciation of Mr. City Secretary expressing appreciation of Mr. Jose Steinberg in appreciation of his honorary
ose Steinberg; citizenship certificate while visting, and key to the City of Fort Worth and correspondence
ther Chiefs in the from Other Chiefs in the Production Division of the Water Department regarding alleged
roduction Division favoritism shown in the hiring practices of the Production Division Chiefs be referred to
f the Water D e- the Office of the City Manager. It was the consensus of the City Council that the
artment recommendation be adopted.
enefit Hearing It appearing to the City Council that the City Council on September 24, 1991, set
udkins Street today as the date for the benefit hearing in connection with the assessment paving of
rom East First Judkins Street from East First Street to the Airport Freeway and that notice of the hearing
treet has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the
City of Fort Worth, Texas, on October 4, and 5, 1991, M or Pro tempore Webber asked if
there was anyone present desiring to be heard.
rs. Martha Lunday
e BH -0071 Mrs. Martha Lunday, representing the Department of Transportation and Public Works,
appeared before the City Council and advised the City Council that the independent appraisal
performed by Mr. Robert Martin substantiates that, as a result of the proposed construction,
each case of the abutting property is specially benefitted in enhanced value in excess of
the amount assessed for the improvement; that proposed revised policy does not apply since
the property is residential; 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 -0071, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF JUDKINS STREET FROM
EAST FIRST STREET TO THE AIRPORT FREEWAY (PROJECT NO. 67-040268)
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
benefitted in enhanced
improvement of Judkins
Freeway.
DISCUSSION:
each case the abutting property is specially
value in excess of the amount assessed for the
Street from East First Street to the Airport
The 1986 Capital Improvement Program included funds for the improvement of
Judkins Street from East First Street to the Airport Freeway (SH 121). The
street is in the Riverside Target Area and has never previously 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.
Minutes of City Council S-3 Page 558
r- r ;,
000
Benefit Hearing Judkins Street will be constructed with standard concrete pavement. Standard
BH -0071 cont. concrete driveways and sidewalks will be built where shown on the plans.
On September 24, 1991 (M&C G-9319), the City Council established October 29,
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 owner's share of cost $ 1,200.00 ( 1%)
City's share of cost $ 93,400.00 ( 99%)
Total cost $ 94,600.00 (100%)
There are no unusual situations on this project that require special City
Council consideration. The project is in Council District 8.
There being no one else present desiring to be heard in connection with the benefit
hearing for the assessment paving of Judkins Street from East First Street to the Airport
Freeway, Council Member Chappell made a motion, seconded by Council Member Puente, that an
ordinance be adopted closing the hearing and levying the assessments as proposed. When the
motion was put to a vote by the Mayor Pro tempore, 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 Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, Meadows, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10946
10946
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF JUDKINS STREET FROM EAST
FIRST STREET TO THE AIRPORT FREEWAY, 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-9351 re
There was presented Mayor and Council Communication No. G-9351, dated October 22,
revisions to the
1991, from the City Manager stating that Councilman Meadows asked that staff explore means
Assessment Paving
of assuring that assessments against commercial property were not unduly affecting the use
Policy
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. On
motion of Council Member Meadows, seconded by Council Member Matson, the recommendation, as
contained in Mayor and Council Communication No. G-9351, was adopted.
M&C G-9355 re There was presented Mayor and Council Communication No. G-9355 from the City Manager
reappointments of recommending that the City Council consent to the reappointments of Messrs. Bobby R. Ford
Bobby R. Ford, to Place 5, Ronald E. Murray to Place 7, and Harry H. Huston, Jr., to Place 9 on the
Ronald E. Murray, Electrical Board of Appeals, with their terms of office to expire October 1, 1993. It was
Harry H. Huston, the consensus of the City Council that the recommendation be adopted.
Jr. to the
Electrical Board There was presented Mayor and Council Communication No. G-9356 from the City Manager
M & C G-9356 re recommending that the City Council consent to his appointment of Mr. Thomas Clinton Mullins
appointment of to Place 9 on the Mechanical Board of Appeals replacing Mr. Thomas Ausbrooks. It was the
Mr. Thomas Clinton consensus of the City Council that the recommendation be adopted.
Mullins to the
Mechanical Code There was presented Mayor and Council Communication No. G-9357 from the City Manager
Board of Appeals stating that the City Council approved a contract with Hahnfeld Associates for design of
M&C G-9357 re renovations of the Will Rogers Auditorium on March 27, 1991, by Mayor and Council
payment to Re- Communication No. C-12637; that Amendment No. 1 for the contract was approved by City
prographics Fort Council on July 30, 1991, by Mayor and Council Communication No. C-12986 for an additional
Worth, Inc. $11,300.00; that, in the negotiations with Mr. Hahnfeld, the City agreed to pay for printing
Minutes of City Council S-3 Page 559
J J'
Tuesday, October 29, 1991
&C G-9357 cont. costs, anticipated to be under $5,000.00; however, because of the nature of the project, the
decision was made to print 75 copies of the plans which exceeded the estimate; that the
Director of Fiscal Services certifies that funds required for this purchase are available
in the current capital budget of the Will Rogers Memorial Complex Fund; and recommending
that the City Manager be authorized to pay Reprographics Fort Worth, Inc., $6,385.03 for
reproduction of plans and specifications for distribution to bidders of the Will Rogers
Auditorium Renovations.
r. Gary S a me rre Mr. Gary Santerre, Director of the Transportation and Public Works Department,
e M&C G-9357 appeared before the City Council and advised the City Council that the 75 copies of the
plans and specifications will be distributed to the bidders and contractors for the Will
Rogers Auditorium Renovations and advised the City Council that a deposit is placed when the
plans and specifications are picked up and if the bidders decide not to bid on the project,
plans are returned and used for file copies or for another phase of the project.
Council Member Meadows made a motion, seconded by Council Member Woods, that the
recommendation, as contained in Mayor and Council Communication No. G-9357, be adopted.
When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
&C G-9358 re There was presented Mayor and Council Communication No. G-9358 from the City Manager
rant from the U.S. recommending that the City Manager be authorized to accept a grant, if awarded, in the
mall Business amount of $14,000.00 from the U.S. Small Business Administration National Tree Planting
dministra tion Grant Program, administered by the Texas Forest Service, for tree planting on the medians
ational Tree of Park Street; adopt a resolution authorizing the City Manager to act as the City's
1 anti ng Grant Pro- representative in all matters related to the grant; waive collection of any indirect costs
ram as part of the City of Fort Worth's in-kind match to this grant; and accept additional funds
from the U.S. Small Business Administration National Tree Planting Grant Program for tree
planting on the medians of Park Street if additional funds for this grant become available.
It was the consensus of the City Council that the recommendations be adopted.
n trod uce d a Council Member Chappell introduced a resolution and made a motion that it be adopted.
esolution The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption
of said resolution, prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, Meadows, and 'Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
The resolution, as adopted, is as follows:
esolution No.
RESOLUTION NO. 1779
779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH
DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING
FOR AND ON BEHALF OF THE CITY OF FORT WORTH DEALING WITH THE U.S.
SMALL BUSINESS ADMINISTRATION (SBA), THE TEXAS FOREST SERVICE, AND
THE TEXAS URBAN FORESTRY COUNCIL, INC., FOR THE PURPOSE OF
PARTICIPATING IN THE U.S. SMALL BUSINESS ADMINISTRATION NATIONAL
TREE PLANTING GRANT PROGRAM, A COOPERATIVE PROJECT OF THE SBA, THE
TEXAS FOREST SERVICE AND THE TEXAS URBAN FORESTRY COUNCIL, INC.;
CERTIFYING THAT THE CITY OF FORT WORTH IS ELIGIBLE TO RECEIVE
ASSISTANCE UNDER SUCH A PROGRAM.
WHEREAS, the Small Business Administration Appropriation Act, Public Law
101-515, was signed into law November 5, 1990 and Section 4 of that legislation
amended the Small Business Act by adding Section 24 authorizing the
administrator to make grants to any state for the purpose of contracting with
small business to plant trees on land owned or controlled by such state or local
government; and
WHEREAS, the Governor of Texas designated program responsibility to the
Texas Forest Service in June 1991; and
WHEREAS, the City of Fort Worth is eligible to receive assistance under
this program; and
WHEREAS, the City Council of the City of Fort Worth is desirous of
authorizing its administrative staff to represent and act for the City in
dealing with the Texas Forest Service, the U.S. Small Business Administration
and the Texas Urban Forestry Council, Inc., among which this grant program is
a cooperative program; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the City Council of the City of Fort Worth hereby certifies that the
City of Fort Worth is eligible to receive assistance under Sections 4 and 24 of
U.S. Public Law 101-515 of 1990.
SECTION 2.
That the City Council hereby authorizes and directs its City Manager to
represent and act for the City of Fort Worth in dealing with the Texas Forest
Minutes of City Council S-3 Page 560
vu1
Tuesday, October 29, 1991
Resolution No.II Service, the U.S. Small Business Administration, and the Texas Urban Forestry
1779 cont. Council, Inc., for the purpose of this program.
SECTION 3.
The City Council hereby designates its Director of Financial Services as
the official authorized to serve as the City's fiscal officer to receive funds
for purposes of this program, and its Park and Recreation Director as the
individual having day-to-day responsibility for the direction of this project.
SECTION 4.
M&C G-9360 re There was presented Mayor and Council Communication No. G-9360 from the City Manager,
extension of in- as follows:
jury -leave from
T.R. Ryan SUBJECT: REQUEST FOR EXTENSION OF INJURY LEAVE OF ABSENCE BY T. R. RYAN
RECOMMENDATION:
It is recommended that Firefighter T. R. Ryan's request for an extension of
injury -leave -of -absence -pay benefits be denied by the City Council.
DISCUSSION:
Mr. Ryan, 60 years old and a 33 -year veteran Firefighter with the Fort Worth
Fire Department, sustained injuries to his back from an accident while on duty
August 7, 1990. On August 30, 1990 a laminectomy was performed. On March 28,
1990 a microdiscectomy was performed. On the date of July 8 a spinal fusion was
performed. And on July 31, 1991 Mr. Ryan was diagnosed with meningitis. When
Mr. Ryan will be able to return to duty is undetermined at this time.
Chapter 143, Texas Local Government Code, which pertains to Firefighters' and
Police Officers' Civil Service, states that a Firefighter will be entitled to
receive an injury leave of absence with full pay as outlined in the statute for
a period of up to one year when the injuries result from an on-the-job accident.
Thereafter, the statute provides for the use of accrued benefits (sick leave,
vacation time, etc.) in combination with Workers' Compensation benefits (where
applicable) to insure continuation of full salary during an extended period of
disability. As of October 20, 1991, Mr. Ryan has received one full year of
injury 1 eave pay, a portion of which has been comprised of Workers' Compensation
benefits.
Mr. Ryan will continue to receive weekly workers' compensation benefit checks
($238 per week) until such time as his eligibility changes; e.g. the claim is
resolved, through release to return to work, etc. As of the payperiod beginning
November 2, 1991, he may choose to use his accumulated benefits (vacation, sick
leave, etc.) in combination with workers' compensation weekly benefits to ensure
continuity of his full salary. The accumulated benefits and future accruals
combined with workers' compensation benefits will ensure the equivalent of a
full salary for approximately one year.
Chapter 143 also allows an injured firefighter the option to request from the
City Council an extension of the injury leave of absence with full pay upon the
expiration of the one-year period. Mr. Ryan requested such an extension in
correspondence dated September 10, 1991.
In six prior requests in recent years, five involving firefighters and one
involving a police officer in similar situations, the City Council denied their
requests.
Firefighter T.R. Firefighter T.R. Ryan appeared before the City Council and advised the City Council
Ryan re M&C, G that he is requesting a four-month extension of injury -leave -of -absence -pay benefits,
9360 stating that he is still under the doctors care and that there has not been a sufficient
amount of time for the healing process of his back injuries.
Mr. Charlie Mr. Charlie Shapard, Director of Personnel Department, appeared before the City
Sh ap a re re M&C Council and reviewed the background information as contained in Mayor and Council
G-9360 Communication No. G-9360 explaining the process under Chapter 143, Texas Local Government
Code regarding a request for an extension, and advised the City Council that six prior
requests have been presented to Council and, if this one is approved by the City Council,
the City Council would be setting a precedent and recommended denial of the request of
Firefighter T.R. Ryan.
Minutes of City Council S-3 Page 561
The City Council specifically authorizes the City official herein
designated to make application to the Small Business Administration National
Tree Planting Program which is a cooperative program among the Texas Forest
Service, the U.S. Small Business Administration, and the Texas Urban Forestry
Council, Inc., for the purpose of participating in this grant program.
M & C G-9359 re
There was presented Mayor and Council Communication No. G-9359 from the City Manager
settlement of
stating that Ms. Olga Torres filed a claim for bodily injuryl allegedly received when the
claim filed by
vehicle she was driving struck a pothole on October 27, 1990, at 4324 Lisbon; that, while
Olga Torres
admitting no liability in this matter, the Risk Management Department has negotiated with
Ms. Torres through her attorney and has agreed to a settlement of $6,000.00 pending City
Council approval; that the Director of Fiscal Services certifies the funds for this
settlement are available in the current operating budget, as appropriated, of the Insurance
Fund; and recommending that the City Council approve the settlement of the claim filed by
Olga Torres and authorize the expenditure of $6,000.00 for the settlement agreed to by Ms.
Torres, her attorney, and the City of Fort Worth. It was the consensus of the City Council
that the recommendations be adopted.
M&C G-9360 re There was presented Mayor and Council Communication No. G-9360 from the City Manager,
extension of in- as follows:
jury -leave from
T.R. Ryan SUBJECT: REQUEST FOR EXTENSION OF INJURY LEAVE OF ABSENCE BY T. R. RYAN
RECOMMENDATION:
It is recommended that Firefighter T. R. Ryan's request for an extension of
injury -leave -of -absence -pay benefits be denied by the City Council.
DISCUSSION:
Mr. Ryan, 60 years old and a 33 -year veteran Firefighter with the Fort Worth
Fire Department, sustained injuries to his back from an accident while on duty
August 7, 1990. On August 30, 1990 a laminectomy was performed. On March 28,
1990 a microdiscectomy was performed. On the date of July 8 a spinal fusion was
performed. And on July 31, 1991 Mr. Ryan was diagnosed with meningitis. When
Mr. Ryan will be able to return to duty is undetermined at this time.
Chapter 143, Texas Local Government Code, which pertains to Firefighters' and
Police Officers' Civil Service, states that a Firefighter will be entitled to
receive an injury leave of absence with full pay as outlined in the statute for
a period of up to one year when the injuries result from an on-the-job accident.
Thereafter, the statute provides for the use of accrued benefits (sick leave,
vacation time, etc.) in combination with Workers' Compensation benefits (where
applicable) to insure continuation of full salary during an extended period of
disability. As of October 20, 1991, Mr. Ryan has received one full year of
injury 1 eave pay, a portion of which has been comprised of Workers' Compensation
benefits.
Mr. Ryan will continue to receive weekly workers' compensation benefit checks
($238 per week) until such time as his eligibility changes; e.g. the claim is
resolved, through release to return to work, etc. As of the payperiod beginning
November 2, 1991, he may choose to use his accumulated benefits (vacation, sick
leave, etc.) in combination with workers' compensation weekly benefits to ensure
continuity of his full salary. The accumulated benefits and future accruals
combined with workers' compensation benefits will ensure the equivalent of a
full salary for approximately one year.
Chapter 143 also allows an injured firefighter the option to request from the
City Council an extension of the injury leave of absence with full pay upon the
expiration of the one-year period. Mr. Ryan requested such an extension in
correspondence dated September 10, 1991.
In six prior requests in recent years, five involving firefighters and one
involving a police officer in similar situations, the City Council denied their
requests.
Firefighter T.R. Firefighter T.R. Ryan appeared before the City Council and advised the City Council
Ryan re M&C, G that he is requesting a four-month extension of injury -leave -of -absence -pay benefits,
9360 stating that he is still under the doctors care and that there has not been a sufficient
amount of time for the healing process of his back injuries.
Mr. Charlie Mr. Charlie Shapard, Director of Personnel Department, appeared before the City
Sh ap a re re M&C Council and reviewed the background information as contained in Mayor and Council
G-9360 Communication No. G-9360 explaining the process under Chapter 143, Texas Local Government
Code regarding a request for an extension, and advised the City Council that six prior
requests have been presented to Council and, if this one is approved by the City Council,
the City Council would be setting a precedent and recommended denial of the request of
Firefighter T.R. Ryan.
Minutes of City Council S-3 Page 561
Tuesday, October 29, 1991
Council Member Chappell made a motion, seconded by Council Member Meadows, that the
recommendation, as contained in Mayor and Council Communication No. G-9360, be adopted.
When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
M&C G-9361 re There was presented Mayor and Council Communication No. G-9361 from the City Manager
Arts Council of stating that Section 351.101 of the Texas Tax Code regarding use of hotel/motel tax revenues
Fort Worth and specifies that the governing body of the municipality allocating such tax should approve the
Tarrant County annual budget of an organization receiving tax funding; that the budgets for the expenditure
of the funds, allocated to the Fort Worth Convention and Visitors Bureau, Modern Art Museum
of Fort Worth, Fort Worth Museum of Science and History, Arts Council of Fort Worth and
Tarrant County, and International Sister Cities Association of Fort Worth, are requesting
approval; and recommending that the City Council approve the 1991-92 budgets submitted by
the organizations to which the City allocates revenues from the Hotel/Motel Tax, as required
by state law.
Council Member Council Member Chappell requested that the City Council vote to approve the 1991-92
Chappell re M&C budget for organizations receiving hotel/motel occupancy tax revenues separately.
G-9361
City Attorney City Attorney advised the City Council that Mayor and Council Communication No. G-9361
Adkins re M&C should be amended to include the words "for the expenditure of revenues from the hotel/motel
G-9361 tax" on the first line of the recommendation after 1991-92 budget.
Approved Fort Council Member Meadows made a motion, seconded by Council Member Chappell, that Mayor
Worth Convention and Council Communication No. G-9361, regarding approval of the Fort Worth Convention and
and Vistors Bureau Visitors Bureau, as amended, be approved. When the motion was put to a vote by the Mayor
Pro tempore, it prevailed unanimously.
Council Member Meadows made a motion, seconded by Council Member Matson, that the City
Council approve the 1991-92 budget of the Modern Art Museum of Fort Worth, as amended.
Council Member Council Member Chappell re
Chappell re M&C pP requested
permission of the City Council to abstain from
G-9361 voting on the Modern Art Museum of Fort Worth, as amended, stating that his wife is
president of a theater which has a contractual relationship with the Modern Art Museum.
Approved Modern Council Member Meadows made a motion, seconded by Council Member Woods, that Council
Art Museum of Member Chappell be permitted to abstain from voting on Mayor and Council Communication
Fort Worth 1991-92 No. G-9361 for the approval of the Modern Art Museum of Fort Worth 1991-92 budget, as
budget amended. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
When the motion that the City Council approve the 1991-92 budget of the Modern Art
Museum of Fort Worth, as amended, was put to a vote by the Mayor Pro tempore,_. it prevailed
by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, Meadows
NOES: None
ABSENT: Mayor Granger and Council Member McCray
NOT VOTING: Council Member Chappell
Approved Forty, Council Member Meadows made a motion, seconded by Council Member Matson, that the City
Worth Museum of Council approve the 1991-92 budget of the Fort Worth Museum of Science and History, as
Science and His- amended. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
tory unanimously.
Approved the Council Member Meadows made a motion, seconded by Council Member Matson that the City
Arts Council of Council approve the 1991-92 budget, as amended, of the Arts Council of Fort Worth and
Fort Worth and Tarrant County. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
Tqrrant County unanimously.
Approved the
International Council Member Meadows made a motion, seconded by Council Member Chappell, that the
Sister Cities City City Council approve the 1991-92 budget, as amended, for International Sister Cities
Council Association of Fort Worth. When the motion was put to a vote by the Mayor Pro tempore, it
prevailed unanimously.
M&C G-9362 re There was presented Mayor and Council Communication No. G-9362 from the City Manager
retained Kelly, stating that the law firm of Kelly, Hart and Hallman has expertise in the area of bond
Hart and Hallman financing and is currently acting as bond counsel to the City in various bond transactions;
to consult legal that it is staff's recommendation the firm be retained to assist the City Attorney in
issues representing the City in the matter concerning the tax status of the Trinity Housing Finance
Corporation Revenue Bonds, Series 1985; that it is estimated that fees for legal assistance
of Kelly, Hart and Hallman will not exceed $165,000.00; that the Director of Fiscal Services
certifies that funds required for this expenditure are available in the current operating
budget, as appropriated, of the General Fund; and recommending that the City Council retain
the law firm of Kelly, Hart and Hallman pursuant to Section 3, Chapter VI of the City
Charter, to consult with and assist the City Attorney concerning legal issues concerning the
Trinity Housing Finance Corporation Multi -family Housing Revenue Bonds, Series 1985 and
adopt a resolution fixing in advance, as far as practicable, the compensation to be paid to
Kelly, Hart and Hallman for legal services, in an amount not to exceed $165,000.00.
Council Member Meadows advised the City Council that he is disqualified from voting
on Mayor and Council Communication No. G-9362 and filed an affidavit of conflict of
interest.
Minutes of City Council S-3 Page 562
563
Tuesday, October 29, 1991
M&C G-9362 cont. Council Member Chappell made a motion, seconded by Council Member Woods, that the
recommendation, as contained in Mayor and Council Communication No. G-9362, be adopted.
When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following
vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
NOT VOTING: Council Member Meadows
Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted.
Resolution The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
of said resolution, prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
NOT VOTING: Council Member Meadows
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1780
1780 WHEREAS, questions which have arisen concerning the tax status of Trinity
Housing Finance Corporation Revenue Bonds, Series 1985, make it important that
the City retain outside legal counsel to assist the City Attorney in legal
matters involved in this issue; and
WHEREAS, the law firm of Kelly, Hart and Hallman is well recognized for
the knowledge and experience of its members in the field of bond financing and
regulatory law and has agreed to represent the City to assist in resolving these
issues; NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the law firm of Kelly, Hart and Hallman be retained as outside
counsel, pursuant to Section 3, Chapter VI, of the City Charter, to assist the
City Attorney in the negotiation and resolution of issues involving Trinity
Housing Finance Corporation Revenue Bonds, Series 1985; and
SECTION 2.
That, as far as practicable, the compensation to be paid Kelly, Hart and
Hallman for the legal services be fixed in an amount not to exceed $165,000.
M&C G-9363 re There was presented Mayor and Council Communication No. G-9363 from the City Manager,
trani ng services as follows:
and material `
JT PA SUBJECT: CLASSROOM TRAINING FOR TITLES IIA AND III OF THE JOB TRAINING
PARTNERSHIP ACT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to increase
the limit of expenditures from $1,190,000 to $2,740,000 for purchase of training
services and materials for Titles IIA and III of the Job Training Partnership
Act as indicated below.
nTSCIISSTnN-
On April 23, 1991, through M&C C-12816 and on April 30, 1991, through M&C C-
12823, the City Council authorized the City Manager to enter into contracts with
the Texas Department of Commerce (TDOC) for implementation of the Job Training
Partnership Act for Titles IIA and III for the period July 1, 1991 to June 30,
1992.
In addition, the City Council authorized, through M&C C-12856, on May 14, 1991,
the City Manager to enter into another contract with TDOC for National
Discretionary funds to finance retraining activities for General Dynamics
workers displaced as a result of the A-12 contract cancellation.
As described in the above TDOC contracts, academic and vocational classroom
training are essential to the JTPA program. Through these services,
participants are provided with "specific occupational/educational classroom
training." The City Council authorized these services to be procured on a "buy -
in" or "as -needed" basis.
Minutes of City Council S-3 Page 563
Tuesday, October 29, 1991
Minutes of City Council S-3 Page 564
The following is a list of institutions previously
approved on M&C C-12983 and
M&C G-9363 cont.
the corrected estimated expenditures for the 1991
program year.
In addition,
institutions indicated by "*" have
been added to the list.
Previously
Increase/
Anticipated
Institution
Approved Limit
(Decrease)
Invoices
Aero Tech International
20,000.00
$ 0
$ 20,000.00
American Airlines Travel Academy
20,000.00
5,000.00
25,000.00
American Career Tech
0
15,000.00
15,000.00
American Trades Institute
75,000.00
225,000.00
300,000.00
Arlington Court Reporting
35,000.00
25,000.00
60,000.00
Avalon Vocational Technical Institute
30,000.00
0
30,000.00
Bryan Institute
30,000.00
10,000.00
40,000.00
*Byte Management
0
15,000.00
15,000.00
CAD Concepts Training Center
25,000.00
50,000.00
75,000.00
Career Development Institute
7,500.00
42,500.00
50,000.00
Cassata Learning Center
10,000.00
0
10,000.00
*Court Reporting Institute of Dallas
0
15,000.00
15,000.00
Cowtown Driver Education
25,000.00
15,000.00
40,000.00
Dalfort Aircraft Tech
100,000.00
300,000.00
400,000.00
Dallas Baptist University
10,000.00
25,000.00
35,000.00
Devey Institute of Technology
20,000.00
0
20,000.00
Draughon's College of Business
15,000.00
20,000.00
35,000.00
*East Texas State University
0
10,000.00
10,000.00
Fort Worth Trade School
7,500.00
42,500.00
50,000.00
International Aviation and Travel
10,000.00
10,000.00
20,000.00
ITT Technical Institute
20,000.00
0
20,000.00
Lincoln Technical Institute
50,000.00
50,000.00
100,000.00
Lindsey -Cooper Refrigeration
10,000.00
0
10,000.00
Mansfield Business School
7,500.00
0
7,500.00
Mountain View College
7,500.00
0
7,500.00
National Education Center
75,000.00
25,000.00
100,000.00
Office Career Centre
25,000.00
0
25,000.00
Pegasus Flight Center
10,000.00
0
10,000.00
*Southeastern Paralegal Institute
0
15,000.00
15,000.00
Tarrant County Junior College
150,000.00
350,000.00
500,000.00
Texas A & M
50,000.00
10,000.00
60,000.00
Texas Aero Tech
200,000.00
150,000.00
350,000.00
Texas Christian University
25,000.00
259000.00
50,000.00
Texas Court Reporting College
30,000.00
0
30,000.00
Texas Wesleyan University
25,000.00
25,000.00
50,000.00
Tri-State Driver Training
10,000.00
0
10,000.00
University of Dallas
7,500.00
2,500.00
10,000.00
University of North Texas
7,500.00
12,500.00
20,000.00
University of Texas at Arlington
40,000.00
60,000.00
100,000.00
TOTAL
11,190,000.00
$1,550,000.00
$2,740,000.00
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services
certifies that
funds required for this
expenditure are available in the 1991 program year
in the Grants
Fund.
Minutes of City Council S-3 Page 564
565
Tuesday, October 29, 1991
Council Member Council Member Matson advised the City Council that inasmuch as American Airlines
Matson re M&C Travel Academy is a subsidiary of American Airlines, he would file an affidavit of conflict
G-9363 of interest and would not be voting on Mayor and Council Communication No. G-9363.
Mr. Richard Sapp Mr. Richard Sapp, Director of Employment and Training Department, appeared before the
re M&C G-9363 City Council and advised the City Council that the anticipated invoice amounts are higher
as a result of the high demand for certain types of training and advised the City Council
that none of the money expended through student loans is required of the student for
repayment and stated that the money is all federal money.
City Manager Ivory City Manager Ivory advised the City Council that, due to the significant amounts of
re M & C G-9363 layoffs the City of Fort Worth has had, we are getting a greater amount of money based on
the demand of this area.
Council Member Woods made a motion, seconded by Council Member Chappell, that Mayor
and Council Communication No. G-9363, be adopted. When the motion was put to a vote by the
Mayor Pro tempore, it prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Woods,
Meadows, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
NOT VOTING: Council Member Matson
Reconsidered M&C Council Member Meadows made a motion, seconded by Council Member Woods, that Mayor and
G-9363 Council Communication No. G-9363, be reconsidered at this time. When the motion was put to
a vote by the Mayor Pro tempore, it prevailed unanimously.
M&C G-9363 re There was presented Mayor and Council Communication No. G-9363 from the City Manager,
purchase of train- as follows•
ing services and
materials for SUBJECT: CLASSROOM TRAINING FOR TITLES IIA AND III OF THE JOB TRAINING
JTPA PARTNERSHIP ACT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to increase
the limit of expenditures from $1,190,000 to $2,740,000 for purchase of training
services and materials for Titles IIA and III of the Job Training Partnership
Act as indicated below.
nTCrIICCTnN-
On April 23, 1991, through M&C C-12816 and on April 30, 1991, through M&C C-
12823, the City Council authorized the City Manager to enter into contracts with
the Texas Department of Commerce (TDOC) for implementation of the Job Training
Partnership Act for Titles IIA and III for the period July 1, 1991 to June 30,
1992.
In addition, the City Council authorized, through M&C C-12856, on May 14, 1991,
the City Manager to enter into another contract with TDOC for National
Discretionary funds to finance retraining activities for General Dynamics
workers displaced as a result of the A-12 contract cancellation.
As described in the above TDOC contracts, academic and vocational classroom
training are essential to the JTPA program. Through these services,
participants are provided with "specific occupational/educational classroom
training." The City Council authorized these services to be procured on a "buy -
in" or "as -needed" basis.
The following is a list of institutions previously approved on M&C C-12983 and
the corrected estimated expenditures for the 1991 program year. In addition,
institutions indicated by "*" have been added to the list.
Minutes of City Council S-3 Page 565
Previously
Increase/
Anticipated
Institution
Approved Limit
Decrease
Invoices
Aero Tech International
$ 20,000.00
$ 0
$ 20,000.00
American Airlines Travel Academy
20,000.00
5,000.00
25,000.00
American Career Tech
0
15,000.00
15,000.00
American Trades Institute
75,000.00
225,000.00
300,000.00
Arlington Court Reporting
35,000.00
25,000.00
60,000.00
Avalon Vocational Technical Institute
30,000.00
0
30,000.00
Bryan Institute
30,000.00
10,000.00
40,000.00
*Byte Management
0
15,000.00
15,000.00
CAD Concepts Training Center
25,000.00
50,000.00
75,000.00
Career Development Institute
7,500.00
42,500.00
50,000.00
Minutes of City Council S-3 Page 565
516_
Tuesday, October 29, 1991
Minutes of City Council S-3 Page 566
Cassata Learning Center
10,000.00
0
10,000.00
M&C G-9363 cont.
reconsidered
*Court Reporting Institute of Dallas
0
15,000.00
15,000.00
Cowtown Driver Education
25,000.00
15,000.00
40,000.00
Dalfort Aircraft Tech
100,000.00
300,000.00
400,000.00
Dallas Baptist University
10,000.00
25,000.00
35,000.00
Devey Institute of Technology
20,000.00
0
20,000.00
Draughon's College of Business
15,000.00
20,000.00
35,000.00
*East Texas State University
0
10,000.00
10,000.00
Fort Worth Trade School
7,500.00
42,500.00
50,000.00
International Aviation and Travel
10,000.00
10,000.00
20,000.00
ITT Technical Institute
20,000.00
0
20,000.00
Lincoln Technical Institute
50,000.00
50,000.00
100,000.00
Lindsey -Cooper Refrigeration
10,000.00
0
10,000.00
Mansfield Business School
7,500.00
0
7,500.00
Mountain View College
7,500.00
0
7,500.00
National Education Center
75,000.00
25,000.00
100,000.00
Office Career Centre
25,000.00
0
25,000.00
Pegasus Flight Center
10,000.00
0
10,000.00
*Southeastern Paralegal Institute
0
15,000.00
15,000.00
Tarrant County Junior College
150,000.00
350,000.00
500,000.00
Texas A & M
50,000.00
10,000.00
60,000.00
Texas Aero Tech
200,000.00
150,000.00
350,000.00
Texas Christian University
25,000.00
25,000.00
50,000.00
Texas Court Reporting College
30,000.00
0
30,000.00
Texas Wesleyan University
25,000.00
25,000.00
50,000.00
Tri-State Driver Training
10,000.00
0
10,000.00
University of Dallas
7,500.00
2,500.00
10,000.00
University of North Texas
7,500.00
12,500.00
20,000.00
University of Texas at Arlington
40,000.00
60,000.00
100,000.00
TOTAL
$1,190,000.00
$1,550,000.00
$2,740,000.00
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services
certifies that
funds required
for this
expenditure are available in the 1991
program year
in the Grants Fund.
Council Member
Puente re M&C,
Council Member Puente advised the
City Council that
some of the institutions
listed
G-9363
on Mayor and Council Communication No. G-9363 may be subsidiaries of General Dynamics and
advised the City Council that he would
not be voting on
Mayor and Council
Communication
No. G-9363 and file:, a conflict of interest
affidavit.
Council Member Meadows made a motion,
seconded by Council Member Woods,
that Mayor and
Council Communication No. G-9363, be adopted. When the
motion was put to a vote by the
Mayor Pro tempore, it prevailed by the following
vote:
AYES: Mayor Pro tempore Webber;
Council Members Silcox, Woods, Meadows,
and Chappell
NOES: None
ABSENT: Mayor Granger and Council
Member McCray
NOT VOTING: Council Members Matson
and Puente
M&C G-9364 re
refund of tax
There was presented Mayor and Council Communication
No. G-9364 from
the City Manager
overpayments
stating that the Texas Property Tax Code
requires that a taxpayer must request a refund for
tax overpayment within three years of that payment; that Section 31.11 of
the Property Tax
Code further requires approval by the
governing body before
refunding
overpayments or
erroneous payments in instances where
the refund exceeds $500.00; that
the Revenue
Minutes of City Council S-3 Page 566
Ju t
Tuesday, October 29, 1991
&C G-9364 cont.II Collection Division of Fiscal Services has verified erroneous payments or overpayments were
made and recommends refund, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME
0335-46-01
1989 TAXES
0344-95-13
1988, 1989
& 1990 TAXES
0921-56-62
1990 TAXES
LOT 8, BLK 135
WEDGWOOD ADD
TAXES PAID TWICE
LOT 7B, BLK 1
WESTHAVEN ADD
PAID WRONG ACCT.
AMOUNT
COLONIAL SAVINGS & LOAN $ 881.41
SEARS MORTGAGE CORP...
PERSONAL PROPERTY SYNCOR INTERNATIONAL
ERRONEOUS PAYMENT CORP.
728.50
1,129.57
TOTAL $2,739.2F8
M&C G-9364 adopted On motion of Council Member Meadows, seconded by Council Member Woods, the recommendation
was adopted.
M&C P-5292 re There was presented Mayor and Council Communication No. P-5292 from the City Manager
purchase agreement stating that the City Council authorized a purchase agreement with Power Team Mobile Lube
with Power Team Systems on February 19, 1991, by Mayor and Council Communication No. P-4737 to perform
Mobile Lube Sy- automotive preventive maintenance for the City Services Department; that the agreement was
stems approved for one year with option to renew for two additional one year periods; that the
vendors have agreed to maintain their prices for an additional year and the City Services
staff has requested that the Council exercise the option to renew; and recommending that the
City Council authorize:
1. Exercising the option to renew a purchase agreement with Power Team Mobile
Lube Systems to perform automotive preventive maintenance for the City
Services Department on the following unit prices:
a. APM to be performed on Chevrolet, Ford, Chrysler, Dodge, Plymouth,
Cadillac, Honda, Buick, Oldsmobile, Mercedes, etc., 4, 6, and 8
cylinder vehicles at.a rate of $21.00 per automobile.
b. APM to be performed on GMC, Ford, Chevrolet, Suzuki, Cushman,
Dodge, etc. for 4, 6 and 8 cylinders at a rate of $21.00 per light
truck.
C. APM to be performed on GMC, Ford, Chevrolet, IHC, etc., 6 and 8
cylinders at $34.00 per medium truck.
d. APM to be performed on GMC, Ford, Chevrolet, Navistar, Peterbuilt,
Crane Carrier, White Volvo, etc. 6 and 8 cylinders, gas and diesel
at $81.00 per heavy duty truck, and
2. The maximum amount to be expended on this agreement will not exceed
$25,000.00, and
3. The agreement to begin February 19, 1992 and end February 18, 1993 with
option to renew for one additional year.
Council Member
Chappell re Council Member Chappell advised the City Council that he is a fiduciary to the
M&C P-5292 principle of the Power Team Mobile Lube System, and requested permission of the City Council
Ito abstain from voting on Mayor and Council Communication No. P-5292.
Council Member Meadows made a motion, seconded by Council Member Woods, that Council
Member Chappell be permitted to abstain from voting on Mayor and Council Communication
No. P-5292. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
Mr. Tom Davis re Mr. Tom Davis, Director of City Services Department, appeared before the City Council
M&C. P-5292 11 and advised the City Council that the vehicle is used by the Police Department.
Council Member Woods made a motion, seconded by Council Member Silcox, that the
recommendations, as contained in Mayor and Council Communication No. P-5292, be adopted.
When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following
vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, and Meadows
NOES: None
ABSENT: Mayor Granger Council Member McCray
NOT VOTING: Council Member Chappell
M & C P-5293 re There was presented Mayor and Council Communication No. P-5293 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of computer software for the
Mic ro tempu s Information Systems and Services Department; stating that the Director of Fiscal Services
Corporation certifies that the funds required for this expenditure are available in the current
operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending
that the City Council authorize the purchase of computer software for the Information
Minutes of City Council S-3 Page 567
�3 J
Tuesday, October 29, 1991
M&C P-5295 re There was presented Mayor and Council Communication No. P-5295 from the City Manager
purchase agreement stating that the City Services Department, Equipment Services Division, maintains the City's
with Emergency fleet of fire trucks; that, among the fleet are several trucks manufactured by the Emergency
One One Company in Ocala, Florida; that the company has agreed to sell parts directly to the
City for the repair and maintenance of those vehicles; that the Director of Fiscal Services
certifies that the funds required for this agreement are available in the Equipment Services
Fund; and recommending that a purchase agreement be authorized with Emergency One to furnish
original equipment manufacturer's Emergency One fire truck parts as a sole source to the
City Services Department at list price less 15 percent discount; and that the maximum amount
to be expended on the purchase agreement not exceed $75,000.00, with term of agreement to
begin January 23, 1992, and end January 22, 1993, with option to renew for two additional
one-year periods. It was the consensus of the City Council that the recommendations be
iadopted.
M&C P-5296 re
purchase agreement
M&C P-5293 cont.
Systems and Services Department from Microtempus Corporation on its low bid of $50,000.00
stating that the City Council approved a purchase agreement on December 6, 1990, by Mayor
wash Sales and
and Council Communication No. P-4611 with D.F.M. Carwash Sales and Service, Inc., to provide
less 20 percent discount for a total amount not to exceed $40,000.00 net, f.o.b. Fort Worth.
maintenance and repair for the car wash at the Downtown Service Center; that the agreement
was for a period of one year with options to renew for two additional one year periods; that
It was the consensus of the City Council that the recommendation be adopted.
the vendor has agreed to hold its prices firm for an additional year and the City Services
M&C P-5294 re
purchase agreement
There was presented Mayor and Council Communication No. P-5294 from the City Manager
Department has a Nu -Star Car Wash System at the Downtown Service Center; that the agreement
with Sellers Ser-
stating that the City Council, on January 31, 1991, by Mayor and Council Communication
that the Director of Fiscal Services certifies that the funds required for this agreement
vice Company, Inc.
No. P-4647 authorized a purchase agreement with Sellers Service Company, Inc., to furnish
Fund; and recommending that City Council exercise the option to renew a purchase agreement
with D.F.M. Carwash Sales and Service, Inc., for maintenance and repair of a car wash for
new and rebuilt starters and alternators to the City Services Department; that the vendor
the City Services Department on unit prices of $275.00 per month for monthly service and
$3,830.00 per set to replace brushes with no additional charge for after hours or emergency
has agreed to maintain prices for an additional year and the City Services staff has
service; and that the maximum amount to be expended not exceed $15,000.00, with term of
agreement to begin January 26, 1992, and end January 25, 1993, with option to renew for one
requested the Council to exercise the option to renew; stating that the Director of Fiscal
additional year. It was the consensus of the City Council that the recommendations be
adopted.
Services certifies that the funds required for this agreement are available in the Equipment
Services Operating Fund; and recommending that the City Council exercise its option to renew
a purchase agreement with Sellers Service Company, Inc., to furnish new and rebuilt starters
and alternators to the City Services Department on the overall low bid of unit prices, and
that the maximum amount to be expended on this purchase agreement not exceed $95,000.00,
with term of agreement to begin February 7, 1992, and end February 6, 1993, with one
additional one-year option to renew. It was the consensus of the City Council that the
recommendations be adopted.
M&C P-5295 re There was presented Mayor and Council Communication No. P-5295 from the City Manager
purchase agreement stating that the City Services Department, Equipment Services Division, maintains the City's
with Emergency fleet of fire trucks; that, among the fleet are several trucks manufactured by the Emergency
One One Company in Ocala, Florida; that the company has agreed to sell parts directly to the
City for the repair and maintenance of those vehicles; that the Director of Fiscal Services
certifies that the funds required for this agreement are available in the Equipment Services
Fund; and recommending that a purchase agreement be authorized with Emergency One to furnish
original equipment manufacturer's Emergency One fire truck parts as a sole source to the
City Services Department at list price less 15 percent discount; and that the maximum amount
to be expended on the purchase agreement not exceed $75,000.00, with term of agreement to
begin January 23, 1992, and end January 22, 1993, with option to renew for two additional
one-year periods. It was the consensus of the City Council that the recommendations be
iadopted.
M&C P-5296 re
purchase agreement
There was presented Mayor and Council Communication No. P-5296 from the City Manager
with D.F.M. Car-
stating that the City Council approved a purchase agreement on December 6, 1990, by Mayor
wash Sales and
and Council Communication No. P-4611 with D.F.M. Carwash Sales and Service, Inc., to provide
Service, Inc.
maintenance and repair for the car wash at the Downtown Service Center; that the agreement
was for a period of one year with options to renew for two additional one year periods; that
the vendor has agreed to hold its prices firm for an additional year and the City Services
staff has requested that the Council exercise its option to renew; that the City Services
Department has a Nu -Star Car Wash System at the Downtown Service Center; that the agreement
will help prevent downtime and costly repairs by providing monthly preventive maintenance;
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 Equipment Services
Fund; and recommending that City Council exercise the option to renew a purchase agreement
with D.F.M. Carwash Sales and Service, Inc., for maintenance and repair of a car wash for
the City Services Department on unit prices of $275.00 per month for monthly service and
$3,830.00 per set to replace brushes with no additional charge for after hours or emergency
service; and that the maximum amount to be expended not exceed $15,000.00, with term of
agreement to begin January 26, 1992, and end January 25, 1993, with option to renew for one
additional year. It was the consensus of the City Council that the recommendations be
adopted.
M&C, P-5297 re There was presented Mayor and Council Communication No. P-5297 from the City Manager
cont. f o r one submitting a tabulation of bids received for an annual agreement for janitorial service at
week Employment Training General Dynamic Transitional Center; 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 Grants Fund; and recommending that the agreement
be authorized with Houston Building Maintenance for $698.00 per month for a total not to
exceed $5,584.00, with term of agreement period to begin November 1, 1991, and end June 30,
1992, with option to renew if grant funding continues.
Council member Council Member Puente requested permission of the City Council to abstain from voting
Puente re M&C
P-5297 on Mayor and Council Communication No. P-5297 inasmuch as his wife is employed by General
Dynamics.
Council Member Chappell made a motion, seconded by Council Member Meadows, that
Council Member Puente be permitted to abstain from voting on Mayor and Council Communication
No. P-5297. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
Council Member Silcox made a motion, seconded by Council Member Woods, that
consideration of Mayor and Council Communication No. P-5297, be continued for one week.
When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following
vote:
AYES: Mayor Pro tempore Webber; Council Members Silcox, Matson, Woods,
Meadows, and Chappell
NOES: None
ABSENT: Mayor Granger Council Member McCray
NOT VOTING: Council Member Puente
M&C P-5298 re There was presented Mayor and Council Communication No. P-5298 from the City Manager
agreement with stating that the City Council authorized a janitorial agreement on September 4, 1990, by
Excel Maintenance Mayor and Council Communication No. P-4449 with Excel Maintenance Service for various
Service
Minutes of City Council S-3 Page 568
5U;}
Tuesday, October 29, 1991
buildings occupied by the Department of Employment and Training; that services are grant
&C P-5298 cont. funded, and the grant runs September 1, 1990, through August 31, 1992; that funding will be
split percentage wise between eight grant funds; that the Director of Fiscal Services
certifies that funds required for this agreement are available in the current operating
budget, as appropriated, of the Grant Fund; and recommending that the City Council authorize
a renewal option with Excel Maintenance Service for janitorial service for the Employment
and Training Department for a total amount not to exceed $15,540.00, with term of agreement
to begin September 1, 1991, and end August 31, 1992. It was the consensus of the City
Council that the recommendations be adopted.
M&C P-5299 re There was presented Mayor and Council Communication No. P-5299 from the City Manager
purchase agreement submitting a tabulation of bids received for a purchase agreement for estimated quantity of
with Inglis dental supplies for the Health Department; stating that the. Di rector of Fiscal Services
Dental Supply, Inc. certifies that the funds required for this agreement are available in the current operating
budget, as appropriated, of the General Fund; and recommending that a purchase agreement be
authorized with Inglis Dental Supply, Inc., on total overall complete bid, meeting City
specifications, of unit prices for a total amount not to exceed $25,942.64 net, f.o.b. Fort
Worth, with term of agreement to begin October 31, 1991, and expire October 30, 1992. It
was the consensus of the City Council that the recommendations be adopted.
M & C P-5300 re There was presented Mayor and Council Communication No. P-5300 from the City Manager
authorized sale submitting a tabulation of bids received for the sale of surplus/obsolete Pennwalt equipment
with Equipment Re- and associated peripherals by the Water Department; stating that the Wastewater Treatment
moval & Search, Division of the Water Department is responsible for collection of funds under this contract;
Inc. and recommending that the City Council authorize the sale (including removal) of
surplus/obsolete Pennwalt equipment and associated peripherals by the Water Department to
Equipment Removal & Search, Inc., on its high bid of $365,120.00 net, f.o.b. City site. It
was the consensus of the City Council that the recommendation be adopted.
M&C P-5301 re
purchase f rom There was presented Mayor and Council Communication No. P-5301 from the City Manager
Williams and Davis recommending that the City Council confirm the award of an order for a total expenditure not
Boilers, Inc. to exceed $29,050.00 net, for a five month lease of a 150 BHP Boiler from Williams and Davis
Boilers, Inc., for an amount not to exceed $20,450.00 and for the expansion of existing
auxiliary heating control system for digesters from Johnson Controls, Inc., for an amount
not to exceed $8,600.00.
Mr. Ben Allen re Mr. Ben Allen, Director of Purchasing Division, appeared before the City Council and
M&C P-5301 advised the City Council that the Mayor and Council Communication for the heating of
digesters for the Water Department on last week was for the permanent installation and that
Mayor and Council Communication No. P-5301 is for the temporary installation for the heating
of digesters for the Water Department and advised the City Council that the permanent
installation would not be completed until next spring.
Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and
Council Communication No. P-5301, be adopted. When the motion was put to a vote by the
Mayor Pro tempore, it prevailed unanimously.
M&C, P-5302 re There was presented Mayor and Council Communication No. P-5302 from the City Manager
purchase agreement submitting a quotation received for a purchase agreement to provide Badger Sewer Flow Meter
with Badger Meter, Repair for the Water Department; stating that the Director of Fiscal Services certifies that
Inc. c/o Precision the funds required for this agreement are available in the current operating budget, as
Products appropriated, of the Water and Sewer. Operating Fund; and recommending that a sole source
purchase agreement be authorized with Badger Meter, Inc., c/o Precision Products on
quotation of unit prices, for a total expenditure not to exceed $20,000.00, 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-5303 re There was presented Mayor and Council Communication -No. P-5303 from the City Manager
purchase from submitting a tabulation of bids received for the purchase and installation of equipment for
AVC a card security system for City Hall; stating that the Director of Fiscal Services certifies
that the funds required for this expenditure are available in the current operating budget
of the General Fund; and recommending that the purchase be made from AVC for its low bid
meeting specifications of $9,690.76 net, f.o.b. Fort Worth. It was the consensus of the
City Council that the recommendation be adopted.
M&C. P-5304 re There was presented Mayor and Council Communication No. P-5304 from the City Manager
purchase agreement stating that the City Council authorized a one-year purchase agreement on December 19, 1989,
with Robbins & by Mayor and Council Communication No. P-3908 with two one-year renewal options with Robbins
Meyers, Inc. c.o & Meyers, Inc., to provide genuine Moyno pump parts for the Water Department; that the
J.R. Sheldon Co., service rendered has been satisfactory; that staff has requested the last option to renew
Inc. be exercised; that Robbin & Meyers, Inc., c/o J.R. Sheldon Company, Inc., 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; that the Director of Fiscal Services
certifies that the funds required for this agreement are available in the Water and Sewer
Operating Fund; and recommending that the City Council authorize the renewal of the purchase
agreement with Robbins & Meyers, Inc., c/o J.R. Sheldon Co., Inc., to provide genuine Moyno
pump parts at unit prices, for an amount not to exceed $35,000.00, with term of agreement
to begin October 15, 1991, and end October 14, 1992. It was the consensus of the City
Council that the recommendations be adopted.
M&C, P-5305 re There was presented Mayor and Council Communication No. P-5305 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of chains and chain saws for the
Koetter Fire Pro- Fire Department; stating that the Director of. Fiscal Services certifies that the funds
tection Service required for this expenditure are available in the: current operating budget, as
Company appropriated, of the General Fund; and recommending that the purchase be made from Koetter
Fire Protection Service Company at a unit price of $849.00 per chain saw and $102.00 per
replacement chain, net, f.o.b. Fort Worth for a total amount not to exceed $4,755.00. It
was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council S-3 Page 569
Tuesday, October 29, 1991
M&C, P-5306 re There was presented Mayor and Council Communication No. P-5306 from the City Manager
purchase agreement submitting a tabulation of bids received for a purchase agreement to supply sodium
with Harcros hypochlorite to the Water Department; stating that the Director of Fiscal Services certifies
Chemicals, Inc. 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 Harcros Chemicals, Inc., on its low bid of $0.70 per gallon for
an amount not to exceed $21,000.00 net, f.o.b. Fort Worth, with term of agreement to begin
December 13, 1991, and end December 12, 1992. It was the consensus of the City Council
that the recommendations be adopted.
M&C L-10672
re
There was presented Mayor and Council Communication No. L-10672 from the City Manager
acquisition
of
recommending that the City Council authorize the acquisition of a portion of Tract 2B4 of
portion of
Tract
the J.M. Steiner Survey, Abstract 1972; find that,$1,140.00 is just compensation for
2B4, ;J.M.
Stein-
property acquired from T. Russell Hagan for Green Oaks Boulevard (PASS) Project; and
e r
Lee A. Love for Martin Street Reconstruction; and authorize the acceptance and
authorize the acceptance and recording of the appropriate deed. It was the consensus of the
Survey
the appropriate deed and easement. It was the consensus of the
City Council that the recommendations be adopted.
M&C L-10673
re
There was presented Mayor and Council Communication No. L-10673 from the City Manager
acquisition
of
recommending that the City Council authorize the acquisition of a temporary construction
portion of
Lot M
easement described as a portion of Lot M, Block 9, Trentman Revision; find that $1.00 is
Block 9, Trentman
just compensation for property acquired from Elva H. Robinson for Reconstruction of Martin
Revisio n
Street; and authorize the acceptance of the appropriate easement. It was the consensus of
the City Council that the recommendations be adopted.
M&C L-10674 re There was presented Mayor and Council Communication No. L-10674 from the City Manager
acquisition of recommending that the City Council authorize the acquisition of a temporary construction
temporary con- easement described as a portion of Lot L, Block 7, Trentman Revision of Cobb's Orchard; find
struction easement that $1.00 is just compensation for property acquired from Opal Marie Hunter for
Reconstruction of Martin Street; and authorize the acceptance of the appropriate deed. It
was the consensus of the City Council that the recommendations be adopted.
M&C L-10675 re There was presented Mayor and Council Communication No. L-10675 from the City Manager
acquisition of recommending that the City Council authorize the acquisition of permanent and temporary
permanent and easements described as a portion of Lot 20, Block 27, Diamond Hill Addition; find that
temporary ease- $599.00 is just compensation for property acquired from Jose Daniel Campos for Malone/Moore
men is Street Reconstruction; and authorize the acceptance of the appropriate easements. It was
the consensus of the City Council that the recommendations be adopted.
M&C L-10676 re There was presented Mayor and Council Communication No. L-10676 from the City Manager
acquisition of recommending that the City Council authorize the acquisition of property described as a
portion of Lot 12, portion of Lot 12, Block 16, Glen Park Addition; find that $600.00 is just compensation for
Block 16, Glen property acquired from First Gibraltar Bank FSB for Reconstruction of Martin Avenue; and
Park Addition authorize the acceptance and recording of the appropriate deed.
Council Member Council Member Woods disclosed her deposits with First Gibraltar Bank FSB.
Woods re M&C
L-10676 Council Member Matson made a motion, seconded by Council Member Woods, that Mayor and
Council Communication No. L-10676, be adopted. When the motion was put to a vote by the
Mayor Pro tempore, it prevailed unanimously.
M&C L-10677 re
'of
There was presented Mayor and Council Communication No. L-10677 from the
City Manager
acquisition
recommending
that the City Council authorize the acquisition of a portion of
Lot L, Block
right-of-way and
9, Trentmans
Revision, Cobb's Orchard; find that $452.00 is just compensation
for property
temporary ease-
acquired from
Lee A. Love for Martin Street Reconstruction; and authorize the acceptance and
me nt
recording of
the appropriate deed and easement. It was the consensus of the
City Council
that the recommendations be adopted.
M&C PZ -1634 re There was presented Mayor and Council Communication No. PZ -1634 from the City Manager,
distance of as follows:
regulations of
bars SUBJECT: ADOPTION OF ORDINANCE IMPOSING 90 -DAY MORATORIUM ON ENFORCEMENT OF
ORDINANCE NO. 10727 (DISTANCE REGULATIONS FOR EXISTING BARS IN "F"
AND "G" COMMERCIAL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance which
imposes a moratorium on the enforcement of Ordinance No. 10727, or the issuance
of citations for violations thereof, which moratorium shall remain in effect
until midnight on February 14, 1992, unless sooner repealed by the City Council.
DISCUSSION:
On November 13, 1990, the City Council adopted Ordinance No. 10727 which
established distance regulations for existing bars located in "F" and "G"
Commercial Districts. These regulations require that existing bars that are
within 500 feet of a church, school, park, residentially zoned property or other
bars must on or before November 13, 1991, either cease operation or obtain a
special exception from the Zoning Board of Adjustment to continue operation.
The citizens potentially affected by Ordinance No. 10727, as well as City
representatives, have been engaged in cooperative efforts to resolve certain
procedural concerns involved in implementation of the distance regulations as
well as special exception criteria to be followed by the Zoning Board of
Adjustment.
If adopted, the attached ordinance would impose a moratorium until midnight on
November 14, 1992, suspending enforcement of Ordinance No. 10727, and the
Minutes of City Council S-3 Page 570
.i
0': 1
Tuesday, October 29, 1991
&C PZ -1634 cont. issuance of citations for any violations thereof. This would maintain the
status quo so that additional discussions may take place and proposed amendments
concerning procedures relating to implementation of distance regulations for the
affected bars may be considered by the Zoning Commission and City Council.
ity Manager Ivory City Manager Ivory advised the City Council that the first sentence of the third
e M&C, PZ -1634 paragraph date of November 14, 1992, is incorrect and should be corrected to read
February 14, 1992.
Council Member Chappell made a motion, seconded by Council Member Matson, that Mayor
and Council Communication No. PZ -1634, be adopted, as amended. When the motion was put to
a vote by the Mayor Pro tempore, 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 Matson. The motion, carrying with it the adoption
�of said ordinance, prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, Meadows, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10947
10 947 AN ORDINANCE IMPOSING A MORATORIUM ON THE ENFORCEMENT OF ORDINANCE
NO. 10727 PROVIDING FOR DISTANCE REGULATIONS FOR EXISTING BARS IN
"F" AND "G" COMMERCIAL DISTRICTS IN THE CITY OF FORT WORTH, WHICH
MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON FRIDAY,
FEBRUARY 14, 1992, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE
PURPOSE OF SUCH MORATORIUM BEING TO PRESERVE THE STATUS QUO PENDING
CONSIDERATION BY THE ZONING COMMISSION AND CITY COUNCIL OF POSSIBLE
REVISIONS TO THE ORDINANCES AND REGULATION PERTAINING TO SUCH
DISTANCE REGULATIONS; PROVIDING FOR A METHOD OF REPEAL OF THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;` AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth regulates the use of land and structures
in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as
amended) and other city ordinances and regulations; and
WHEREAS, on August 17, 1990, the City Council of the City of Fort Worth
adopted Ordinance No. 10658 which amended the Comprehensive Zoning Ordinance to
provide that new bars in "F" and "G" Commercial districts must be located at
least 500 feet from churches, schools, parks, residentially zoned property and
other bars; and
WHEREAS, on November 13, 1990, the City Council adopted Ordinance
No. 10727 which further amended the Comprehensive Zoning Ordinance to provide
that existing bars in "F" and "G" Commercial districts must comply with such
distance regulation on or before November 13, 1991, or must obtain special
exceptions form the Zoning Board of Adjustment on or before November 13, 1991,
to permit them to remain in locations which do not comply with such distance
regulations; and
WHEREAS, many of the citizens potentially affected by said ordinance
No. 10727, as well as City representatives, have been engaged in ongoing, good
faith and cooperative efforts to resolve the issues and procedural concerns
involved in the implementation of the distance regulations for existing bars in
"F" and "G" Commercial districts as well as the appeal process and special
exception criteria to be followed by the City's Board of Adjustment; and
WHEREAS, the City Council has determined that additional time is necessary
so that the City Council and Zoning Commission may consider possible revisions
to the ordinances and regulations pertaining to procedures for the
implementation of distance regulations for existing bars in "F" and "G"
Commercial districts; and
WHEREAS, the City Council has determined that it is appropriate for a
moratorium to be imposed on the enforcement of Ordinance No. 10727 and on the
issuance of citations for any violations of Ordinance No. 10727, so that such
revisions may be considered;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That, pursuant to the valid exercise of the police power granted to the
City of Fort Worth, the enforcement of Ordinance No. 10727 is hereby suspended
and held in abeyance and the issuance of citations for any violations of
Ordinance No. 10727 is hereby prohibited, from the effective date of this
ordinance until the City Council repeals this ordinance or until midnight on
February 14, 1992, whichever occurs first.
Minutes of City Council S-3 Page 571
Tuesday, October 29, 1991
SECTION 2.
rdinance No.
0947 cont. That except as hereby suspended and held in abeyance, the provisions of
Ordinance 10727 shall remain in full force and effect and subject to enforcement
when the City Council repeals this ordinance or after midnight on February 14,
1992, whichever occurs first.
SECTION 3.
That the purpose of this moratorium is to maintain the status quo
concerning such nonconforming uses until proposed amendments or procedural
matters concerning- such nonconforming uses until proposed amendments or
procedural matters concerning implementation of the distance regulations can be
considered by the Zoning Commission and City Council.
SECTION 4.
That all of the declarations and findings contained in the preamble of
this ordinance are made a part hereof. and shall be fully effective as part of
the ordained subject matter of this ordinance.
SECTION 5.
That this ordinance shall be cumulative of all provisions of ordinances
and of the Code of the City of Fort Worth, Texas (1986), as amended, except
where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event such conflicting
provisions of such ordinances and Code are hereby suspended for the period
during which this ordinance is in effect.
SECTION 6.
That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and, if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared void, ineffective or unconstitutional by the valid
judgement or final decree of a court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation
herein of any such void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 7.
The Texas Rehabilitation Commission (TRC) operates a Return to Work program for
contracting employers (public and private) with the aim of expediting the
rehabilitation and safe return to work of injured employees. The Risk
Management Department and Personnel Departments of the City wish to work with
the TRC to effect this program. Participation in the program is strictly
voluntary on the part of employees. An orientation meeting was held with
departmental personnel to obtain their input and feedback on the program.
Staff proposes to initiate this program originally for non -Civil Service
employees. During the start-up phase, staff will ensure that the program
complies with applicable Civil Service statutes and will review the program's
Minutes of City Council S-3 Page 572
That this ordinance shall be in full force and effect form and after its
passage, and it is so ordained.
&C C-13105 re
g re emen t with
There was presented Mayor and Council Communication No. C-13105 from the City Manager
rug Enforcement
stating that, since 1985, the City of Fort Worth has participated with the Drug Enforcement
dministration of
Administration of the United States Department of Justice, six other Tarrant County
.S. Department of
jurisdictions, and the Dallas/Fort Worth Airport to prosecute drug offenders in both the
ustice
United States Courts and the State of Texas District Courts; that the City Council has
authorized the City Manager to execute agreements with the Drug Enforcement Administration
to continue the program, beginning with M&C C-8921, dated March 19, 1985, until the last M&C
C-12601, dated November 6, 1990; that the new agreement will cover both Tarrant County and
the Dallas/Fort Worth Airport for the period October 1, 1991, to September 30, 1992; and
recommending that the City Manager be authorized to execute an agreement with the Drug
Enforcement Administration of the U.S. Department of Justice for the continuation of the
DEA/Fort Worth Multi -Agency Task Force, with term of agreement to be effective from October
19 1991, to September 30, 1992. It was the consensus of the City Council that the
recommendation be adopted.
&C C-13106 re
ontract with
There was presented Mayor and Council Communication No. C-13106 from the City Manager
as follows:
exas Rehabilita--
io n Commission
SUBJECT: AGREEMENT WITH TEXAS REHABILITATION COMMISSION FOR RETURN TO WORK
PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into
an agreement with the Texas Rehabilitation Commission to administer a Back to
Work program for the City of Fort Worth.
DISCUSSION:
The Texas Rehabilitation Commission (TRC) operates a Return to Work program for
contracting employers (public and private) with the aim of expediting the
rehabilitation and safe return to work of injured employees. The Risk
Management Department and Personnel Departments of the City wish to work with
the TRC to effect this program. Participation in the program is strictly
voluntary on the part of employees. An orientation meeting was held with
departmental personnel to obtain their input and feedback on the program.
Staff proposes to initiate this program originally for non -Civil Service
employees. During the start-up phase, staff will ensure that the program
complies with applicable Civil Service statutes and will review the program's
Minutes of City Council S-3 Page 572
S83
Tuesday, October 29, 1991
M&C C-13106 cont.II objectives and procedures with affected parties in the Police and Fire
Departments.
Under this agreement, the City of Fort Worth agrees to:
* Refer injured employees to the Return to Work program.
* Provide medical reports to TRC upon receipt of signed release by the
injured worker.
* Coordinate with the City's claims administrator (Continental Loss
Adjusting Company) for payment of all necessary diagnostic procedures.
* Permit the TRC Return to Work Team to perform job analysis as appropriate,
allow reasonable accommodations of injured workers to achieve the
earliest, but safest, return to work possible.
* Initiate a good faith effort in returning injured employees back to work
when placement is suitable.
* Identify and develop possible on-the-job training sites for qualified
employees who may require alternate job skills or short-term re-training.
The Texas Rehabilitation Commission Return to Work Program agrees to:
* Schedule and coordinate diagnostic services for injured workers and to
assess each injured worker for limitations, capabilities, and transferable
skills.
* Provide diagnostic information to the City on the injured worker upon a
signed waiver of confidentiality by the employee.
* Refer those injured workers unable to return to employment with the City
to the appropriate TRC Field Office to provide alternate rehabilitation
services.
* Sponsor necessary short-term (up to six months), on-the-job
formal/informal types of training as deemed necessary for returning
eligible employees to alternate positions within the City.
* Provide vocational services as deemed necessary for returning injured
workers to employment with the City.
* Assign appropriate staff to act as liaison with the- City to receive
referrals and provide vocational rehabilitation services. This staff
member will coordinate rehabilitation plans and services between the
worker, the City, attorneys, and physicians.
M&C C=13106 It was the consensus of the City Council that the recommendation, as contained in Mayor and
adopted Council Communication No. C-13106, be adopted.
M&C C-13107 re There was presented Mayor and Council Communication No. C-13107 from the City Manager
contract with recommending that the City Manager be authorized to execute an extension of the contract
Tarrant County between the City of Fort Worth and Tarrant County Hospital District for an amount not to
Hospital District exceed $93,389.00 for the contract period beginning September 1, 1991, and ending August 31,
1992, with the agreement enabling the City to provide services as a sub -recipient agency to
clients who are also being served by the Tarrant County Hospital District under the Maternal
and Infant Health Improvement Act; authorize the Fiscal Services Department to establish a
project account in the City of Fort Worth financial accounting system upon receipt of the
executed contract extension; approve the waiver of $23,067.00 in indirect cost charges; and
authorize the acceptance of any additional funding offered for this agreement for the period
September 1, 1991, through August 31, 1992. It was the consensus of the City Council that
the recommendations be adopted.
M&C C-13108 re
There was presented Mayor and Council Communication No. C-13108 from the City Manager
contract with
stating that the City Council held a public hearing on October 1, 1991, and approved Mayor
Downtown Fort
and Council Communication No. G-9325 which adopted the 1991-92 Budget and Plan of Services
Worth, Inc.
for Fort Worth Improvement District No. 1; that the City is responsible for collecting
assessments and maintaining a district account from which monthly payments are made to the
management firm; that the District's budget anticipates $680,900.00 to be collected; that
the Director of Fiscal Services certifies that the funds required for the $82,084.00
contractual payments are available in the current operating budget, as appropriated, of the
General Fund; that the additional $661,900.00 in the District's budget is projected to come
from the collection of assessments in the District; and recommending that the City Council
adopt an appropriations ordinance increasing estimated receipts by $661,900.00, increasing
appropriations by $680,000.00 and reducing the fund balance by $19,000.00 in the Special
Assessments Fund to provide fiscal year 1991-92 funding for Improvement District No. 1;
approve the transfer of $82,084.00 from the General Fund to the Special Assessments Fund to
provide funding for the City's contract with Downtown Fort Worth, Inc., and authorize the
City Manager to extend the contract with Downtown Fort Worth, Inc., to provide improvements
and/or services in the District for Fiscal Year 1991-92 for $82,084.00. It was the
consensus of the City Council that the recommendations 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 Silcox. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
Minutes of City Council S-3 Page 573
Tuesday, October 29, 1991
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, Meadows, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10948
10948
AN ORDINANCE INCREASING THE ESTIMATE RECEIPTS IN THE AMOUNT OF
$661,900.00, INCREASING APPROPRIATIONS IN THE AMOUNT OF $680,900.00
AND REDUCING THE SPECIAL ASSESSMENTS FUND BALANCE BY $19,000.00 TO
PROVIDE FISCAL YEAR 1991-92 FUNDING FOR IMPROVEMENT DISTRICT NO. 1;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING 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 C-13109 re There was presented Mayor and Council Communication No. C-13109 from the City Manager
services with stating that the services provided by Texas Legislative Service are used by the City to
Texas Legislative monitor the state legislature and regulatory activities throughout the year; that TLS
Service provides copies of bills filed and passed and also provides access to its computer database
concerning legislative and regulatory matters; that the monthly fee is assessed on a 24
month agreement; that the renewal constitutes the second year of the agreement; and
recommending that the City Council renew a one-year purchase agreement effective October 1,
1991, through September 30, 1992, with the Texas Legislative Service for legislative
monitoring services on a sole source basis, for the amount not to exceed $349.16 per month
through the term of the agreement and, in addition, services for any special session of the
legislature will be billed separately, following each session, at an agreed cost of $960.00
per 30 -day session, billed on a pro -rata basis on actual days used. It was the consensus
of the City Council that the recommendation be adopted.
M&C C-13110 re There was presented Mayor and Council Communication No. C-13110 from the City Manager,
contract with as follows:
Jim Bowman Con-
struction Company SUBJECT: CHANGE ORDER NO. 1 TO CONTRACT WITH BOWMAN CONSTRUCTION COMPANY FOR
CONSTRUCTION OF FOUNDER'S BRIDGE ACROSS THE WEST FORK OF THE
TRINITY RIVER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve
Change Order No. 1 to City Secretary Contract No. 18428, Construction of
Founder's Bridge across the West Fork of the Trinity River, reducing the
contract by $36,431.24 to $283,135.76 and 125 working days.
DISCUSSION:
On April 9, 1991, the City Council awarded City Secretary Contract No. 18428 to
Jim Bowman Construction Company for $319,567 to construct a pedestrian bridge
across the Trinity River at Heritage Park. In the approved contract there was
a deletion of the light poles along the bridge railing. This requires six (6)
filler posts to be installed along the railing for an additional cost of $780.
After the location of the bridge was staked, the contractor required TU Electric
to de -energize the overhead electric lines prior to drilling the bridge piers
on the north end of the bridge. This additional cost to the contract is
$1,668.76.
Additionally, there was an Alternate Bid Item #3 for 2,700 linear feet of
concrete bike trail in the contract in the amount of $38,880. After acceptance
of the contract, the City of Fort Worth, Streams and Valleys Committee, Tarrant
County Water Control and Improvement District No. 1, and Tarrant County have
entered into an Interlocal Government Agreement and generated a County Work
Program to construct the trail from the new bridge up to Marine Creek near the
Stockyards area. This County program will supply all the labor and supervision
for constructing the trail. Thus, staff recommends that Alternate Bid Item #3
be deleted from the contract. , The result of the above changes would decrease
the contract amount by $36,431.24 from $319,567.00 to $283,135.76. Contract
time is reduced by fifteen days to an allowable one hundred and twenty-five
working days.
ouncil Member Council Member Meadows questioned City Attorney Adkins regarding whether or not he is
eadows re M&C disqualified from voting on Mayor and Council Communication No. C-13110 inasmuch as the
-13110 funding was provided by the Fort Worth Streams and Valleys Committee, and advised City
Council that he serves as a board of director for the Fort Worth Streams and Valleys
Committee.
Minutes of City Council S-3 Page 574
Tuesday, October 29, 1991
City Attorney Adkins advised Council Member Meadows that he would be disqualified from
voting on Mayor and Council Communication No. C-13110.
Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor
and Council Communication No. C-13110, be adopted. When the motion was put to a vote by the
Mayor Pro tempore, it prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, and Chappell
NOES: None
ABSENT: Mayor Granger Council Member McCray
NOT VOTING: Council Member Meadows
M&C FP -2879 reThere was presented Mayor and Council Communication No. FP -2879 from the City Manager
stating that the assessment paving of Western Center Boulevard from Pacesetter to I -35W has
final payment to been completed in accordance with contract plans, specifications, and requirements; and
Austin Paving, Inc recommending that the City Council accept as complete the assessment paving of Western
Center Boulevard from Pacesetter to I -35W; approve the final assessment roll; authorize the
issuance of certificates as evidence of the special assessments levied against the abutting
property owners of Western Center Boulevard from Pacesetter to I -35W; and authorize final
payment of $9,270.15 to Austin Paving, Inc.
Council Member Council Member Meadows advised the City Council that Tandy Corporation is one of the
Meadows re M&C, owners being assessed on the assessment paving of Western Center Boulevard from Pacesetter
FP -2879 to I -35W, and advised the City Council that he would file a conflict of interest affidavit
on Mayor and Council Communication No. FP -2879.
Council Member Puente made a motion, seconded by Council Member Woods, that Mayor and
Council Communication No. FP -2879, be adopted. When the motion was put to a vote by the
Mayor Pro tempore, it prevailed by the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
Woods, and Chappell
NOES: None
ABSENT: Mayor Granger and Council Member McCray
NOT VOTING: Council Member Meadows
M&C FP -2880 re There was presented Mayor and Council Communication No. FP -2880 from the City Manager
final payment to stating that the street improvements of Sixth Avenue from Terrell to Pennsylvania have been
Walt Williams Con- completed in accordance with contract plans, specifications, and requirements; and
struction Company, recommending that the City Council accept as complete the street improvements of Sixth
Inc. Avenue from Terrell to Pennsylvania and authorize final payment of $3,715.30 to Walt
Williams Construction Company, Inc. It was the consensus of the City Council that the
recommendations be adopted.
M&C FP -2881 re There was presented Mayor and Council Communication No. FP -2881 from the City Manager
final payment to stating that City Secretary Contract No. 18305 was awarded on December 11, 1990; that the
J.1. bertram Con- final contract price, based on unit prices, and the reduction for liquidated damages is
s t ruc tion & $397,749.15 with final payment due of $2,314.29; that the Director of Fiscal Services
Engineering certifies that funds for this final payment are available in the retainage account, as
appropriated, of the Street Improvements Bond Fund; and recommending that the City Council
accept as complete the West Point Addition Storm Drain Relief System and authorize final
payment of $2,314.29 to J.L. Bertram Construction & Engineering. It was the consensus of
the City Council that the recommendations be adopted.
Public hearing It appearing to the City Council that the City Council set a public hearing for today
PZ -1633 relative to the planned development site plan, Philip and Stephanie Garcia, at 7063 to 7107
Anderson Boulevard located in the Frank M. Anderson Addition, Block 1, Lots 6A to 6D; Mayor
Pro tempore Webber asked if there was anyone present desiring to be heard.
Attention of the City Council was called to Mayor and Council Communication
No. PZ -1633, as follows:
SUBJECT: PLANNED DEVELOPMENT SITE PLAN, PHILIP AND STEPHANIE GARCIA, 7063 TO
7107 ANDERSON BOULEVARD (PDSP-91-007)
RECOMMENDATION:
It is recommended that the City Council adopt the site plan (a copy is attached)
proposed for property located in the Frank M. Anderson Addition, Block 1, Lots
6A to 6D.
DISCUSSION:
Sempco, Inc., has submitted a rezoning request (Z-91-029) for a "PD/SU" Planned
Development/Specific Use for the construction of a landscape maintenance
facility with authority to retain five horses for private use. This request was
approved by the City Council on June 11, 1991.
The Planned Development District (Section 2-H) of the City Zoning Ordinance
requires that a site plan be submitted for review and recommendation by the
Zoning Commission prior to being presented to the City Council in public hearing
Minutes of City Council S-3 Page 575
Tuesday, October 29, 1991
for final action. The subject site plan (PDSP-91-007), was recommended for
&C PZ -1633 cont. approval by the Zoning Commission on September 11, 1991. Staff review of the
proposed site plan has determined that all requirements set forth by the Zoning
Ordinance and all requirements recommended by the Zoning Commission have been
met.
Minutes of City Council S-3 Page 576
A public hearing by the City Council has been scheduled for October 29, 1991.
The notice of the scheduled hearing was mailed October 11, 1991.
Mr. Joe Bilardi re
M&C PZ -1633
Mr. Joe Bilardi, Director of the Development Department, appeared before the City
Council and advised the City Council that the planned development site plan was approved by
the City Zoning Commission and advised the City Council that the applicant is present in the
Council chamber and available to answer and questions. -
There being no one else present desiring to be heard in connection with the hearing
on planned development site plan, Philip and Stephanie Garcia, 7063 to 7107 Anderson
Boulevard, Council Member Matson -made a motion, seconded by Council Member Woods, that the
hearing be closed and that the site plan be adopted. When the motion was put to a vote by
the Mayor Pro tempore, it prevailed unanimously.
Mr. Philip B i rdow
re Municipal Court
Mr. Philip Bi rdow, 4301 Loren Avenue, appeared before the City Council regarding a
of City of Fort
complaint concerning the operation of the municipal court of the City of Fort Worth and
Worth, Plea Bar-
requested that the plea bargaining system be investigated. Mr. Birdow was referred to
gaining System
Assistant City Manager Libby Watson.
City Attorney
Adkins re a xe cu tiv
City Attorney Adkins advised the City Council that the City Council does not need to
session
have an executive session concerning pending litigation or other matters which are exempt
from public disclosure under Article X, Section 9, State Bar of ..exas Rules regarding
$27,000,000.00 Trinity Housing Finance Corporation Multi -family Housing Revenue Bonds,
Series 1985.
Adjourned
There being no further business, the meeting was adjourned.
LZ
CITY SECRETARY MAYOR
Minutes of City Council S-3 Page 576