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HomeMy WebLinkAbout1991/11/26-Minutes-City CouncilT CITY COUNCIL MEETING NOVEMBER 26, 1991 Council Met On the 26th day of November, 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 Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by The Reverend Lemarian Wallace, Jr., Pastor of Greater St. Eastern Hills Paul Missionary Baptist Church. Pledge of The Pledge of Allegiance was recited. Allegiance to the Soviet Cosmonauts as they cross over Fort Worth. Minutes of Novembe' 19, 1991 approved On motion of Council Member Woods, seconded by Council Member Puente, the minutes of Place No. 8 on the Community Development Council, with the meeting of November 19, 1991, were approved. Proclamation - Bank One Texas and A proclamation for Bank One Texas and Fort Worth Mortgage Company Day was presented Fort Worth Mort- to Ms. Carolyn Villareal, Bank One, and Mr. Gerald Hartman, Fort Worth Mortgage Company. gage Company Day A proclamation for Christmas Seal Month was presented to Ms. Janice Huneycutt, Proclamation - American Lung Association and Mr. Terrill Phillips, Steamatic Carpet Cleaning, Corporate Christmas Seal Sponsor. Month No. L-10715 be Introduced Mr. Mayor Granger introduced Mr. Ryoichi Takizawa, Chief Children's Advisory Official for Ryoichi Takizawa Welfare Facility, with the Sister Cities International Government Exchange Program with Date Received: Nagaoka, Japan. Presence of Mayor Council Member Chappell requested that Mayor and Council Communication Granger's niece Mayor Granger acknowledged the presence of her niece, Ms. Robin Dettmer, and her and sister sister, Mrs. Lynn O'Day. Proclamation - Estimate of Damages/ Women's Bowling A proclamation for Women's Bowling Week was presented to Ms. Faye Brown, Women's Week Bowling Association. Recognition of the Mayor Granger extended recognition to the fourth grade class of Eastern Hills fourth grade class Elementary School who is visiting the Soviet Space Exhibit, and at 10:43 will be speaking of Eastern Hills to the Soviet Cosmonauts as they cross over Fort Worth. the Community De- Ele. School Place No. 8 on the Community Development Council, with a term of Withdrew M&C Nos. Council Member Silcox requested that Mayor and Council Communication Nos. G-9397, G-9397, G-9398, G-9398, G-9400, P-5347, C-13148, and C-13149, be withdrawn from the consent agenda. G-9400, P-5347, Claims City Secretary recommending that the City Council refer notices of claims regarding alleged C-13148, and Council Member Meadows requested that Mayor and Council Communication No. L-10715 be C-13149 withdrawn from the consent agenda. Pearlie Tate Withdrew M&C No. Date Received: November 14, 1991 L-10715 Council Member Chappell requested that Mayor and Council Communication No. P-5350, be Withdrew M&C No. withdrawn from the consent agenda. 7462 Tiffany Meadows Lane P-5350 Estimate of Damages/ Withdrew M & C No. City Manager Ivory requested that Mayor and Council Communication No. G-9399 be G-9399 withdrawn from the consent agenda. Claimant alleges damages to property as the result Withdrew M&C No. City Manager Ivory requested that Mayor and Council Communication No. L-10715 be L-10715 withdrawn from the agenda. George Lee Kirkland Nominated Mrs. Mayor Pro tempore Webber nominated Mrs. Helen Collins for membership on the Community Helen Collins to Development Council and made a motion, seconded by Council Member Meadows, that Mrs. Helen the Community De- Collins be appointed to Place No. 8 on the Community Development Council, with a term of velopment Council office expiring October 1, 1992. When the motion was put to a vote by the Mayor, it that the recommendation be adopted. prevailed unanimously. There was presented Mayor and Council Communication No. OCS-364 from the Office of the Claims Consent agenda On motion of Council Member Meadows, seconded by Council Member Woods, consent agenda, approved as amended, was approved.' M&C OCS-363 There was presented Mayor and Council Communication No. OCS-363 from the Office of the Liability Bond City Secretary recommending that the City Council authorize the acceptance of a Parkway Contractor's Bond issued to Frank H. Retzlaff by Employers Mutual Casualty Company. It was the consensus of the City Council that the recommendation be adopted. M&C OCS-364 There was presented Mayor and Council Communication No. OCS-364 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: Pearlie Tate 1. Claimant: Pearlie Tate Date Received: November 14, 1991 Date of Incident: October 27, 1991 Location of Incident: 7462 Tiffany Meadows Lane Estimate of Damages/ Injuries: $850.14 - $1,183.44 Nature of Incident: Claimant alleges damages to property as the result of sewer back-up. George Lee Kirk- 2. Claimant: George Lee Kirkland land.' Date Received: November 14, 1991 Date of Incident: o October 27, 1991 Location of Incident: 1300 Carl Park Drive Estimate of Damages/ Minutes of City Council T-3 Page 85 ss Tuesday, November 26, 1991 eorge Lee Kirk- Injuries: $1,132.71 - $1,139.70 and claim cont. Nature of Incident: Claimant alleges damages to vehicle as the result of road conditions. eidre A. Boson 3. Claimant: Deirdre A. Boson Nwankwo w a nk w o Date Received: November 14, 1991 Date of Incident: October 27, 1991 Location of Incident: Weiler Blvd. & Shadow Creek Estimate of Damages/ Injuries: $2,389.36 - $2,416.87 Nature of Incident: Claimant alleges damages to vehicle as the result of hitting a man -hole. lizabeth Sanchez 4. Claimant: Elizabeth Sanchez Date Received: November 14, 1991 Date of Incident: October 31, 1991 Location of Incident: 5009 E. Lancaster Estimate of Damages/ Injuries: $1,365.92 - $1,800.28 Nature of Incident: Claimant alleges damages to vehicle as the result of road conditions. amakrishna Chakra- 5. Claimant: Ramakrishna Chakravarti arti Date Received: November 18, 1991 Date of Incident: October 17, 1991 Location of Incident: Hwy 360 & Trinity B1vd..Intersection Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to automobile as the result of a vehicular accident involving a City - owned automobile. (Police) enneth James Allen 6. Claimant: Kenneth James Allen Date Received: November 18, 1991 Date of Incident: July 10, 1991 Location of Incident: Thomas Wrecking Yard Estimate of Damages/ Injuries: $1,838.59 - $2,000.88 Nature of Incident: Claimant alleges damages to vehicle after being towed to and stolen from a wrecking yard. ilia Garza 7. Cl aimant: Li l i a Garza Date Received: November 18, 1991 Date of Incident: October 22, 1991 Attorney: Fleming & Martines, Mr. Barry Martines Location of Incident: Loving & 25th Street Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to automobile as the result of a vehicular accident involving a City employee. harles Victor Wall 8. Claimant: Charles Victor Wall Date Received: November 19, 1991 Date of Incident: October 1991 Location of Incident: 3450 Schwartz Ave. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to property as the result of Police action. ay Henry Hutcher- 9. Cl aimant: Ray Henry Hutcherson on Date Received: November 19, 1991 Date of Incident: November 4, 1991 Location of Incident: 1010 Hawthorne Estimate of Damages/ Injuries: $5,000.00 Nature of Incident: Claimant alleges injuries sustained as the result of tripping over an object protruding from the sidewalk. Obert T. Lemieux 10. Claimant: Robert T. Lemieux Date Received: November 20, 1991 Date of Incident: November 6, 1991 Location of Incident: 3800 Block of Alta Mesa F/W Estimate of Damages/ Injuries: $637.00 - $670.64 Nature of Incident: Claimant alleges damages to vehicle as the result of striking a protruding barricade. &C OCS-364 adoptedIt was the consensus of the City Council that the recommendation be adopted. &C OCS-365 There was presented Mayor and Council Communication No. OCS-365 from the Office of the orrespondence from; City Secretary recommending that correspondence received from Ms. Katherine Sweeney s. Katherine Swee- j regarding the granting of a temporary easement on the property located at 5455 Rutland ey - easement at Avenue and correspondence from Ms. Kristi R. Falcone requesting that the City Council 455 Rutland Ave.; initiate Household Hazardous Waste Collection and Curbside Recycling Programs be referred orr. from Ms. risti R. Falcone - ousehold Hazardous aste Collection & urbside Recycling rograms Minutes of City Council T-3 Page 86 M• Tuesday, November 26, 1991 CS -365 cont.II to the Office of the City Manager. It was the consensus of the City Council that the recommendation be adopted. enefit Hearing It appearing to the City Council that on November 12, 1991, the City Council continued H-0073 the benefit hearing for the assessment paving of Lowden Street from Hemphill Street to St. owden Street from Louis Avenue from day to day and time to time and especially to the City Council meeting of em phill St. to November 26, 1991, Mayor Granger asked if there was anyone present desiring to be heard. t. Louis Ave. rs. Martha Lu nday Mrs. Martha Lunday, representing the Department of Transportation and Public Works, e BH -0073 appeared before the City Council and introduced Mayor and Council Communication No. BH -0073, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LOWDEN STREET FROM HEMPHILL STREET TO ST. LOUIS AVENUE (PROJECT NO. 67-040253) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Lowden Street from Hemphill Street to St. Louis Avenue. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Lowden Street from Hemphill Street to St. Louis Avenue. The street is in Worth Heights 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. Lowden Street will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On October 8, 1991, (M&C G-9331), the City Council established November 12, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 8,640.00 ( 6%) City's share of cost $136,460.00 ( 94%) Total cost $145,100.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council DISTRICT 9. r. Christopher Mr. Christopher Bonilla, 1822 Jacksboro Highway, representing Mr. Helon Fulbright onilla re BH -0073 McDonald, owner of Lots 11 and 12, Block 15, South Hemphill Heights Addition, appeared before the City Council and requested that the City Council give favorable consideration to an alternate option for the assessment paving of Lots 11 and 12, Lot 15, South Hemphill Heights Addition, requested a deferred payment plan, with payments commencing 12 months after the improvements; and that the assessment be computed on 20 percent of the property value as determined by the Tarrant County Appraisal District. There being no one else present desiring to be heard in connection with the assessment of Lowden Street from Hemphill Street to St. Louis Avenue, Council Member Chappell made a motion, seconded by Council Member Puente, that the hearing be closed and the assessments be levied as recommended with the exception of Lots 11 and 12, Block 15, and that said property be computed at 20 percent of the property value as determined by the Tarrant County Appraisal District and directed staff to effectuate a deferred payment plan commencing 12 months after the completion of the project. When the motion was put to a vote by the Mayor, it prevailed unanimously. ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. rdi nance The motion was seconded by Council Member Puente. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 87 Tuesday, November 26, 1991 Ordinance No.II ORDINANCE NO. 10960 10960 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LOWDEN STREET FROM HEMPHILL STREET TO ST. LOUIS AVENUE, 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. MAC G-9392 re There was presented Mayor and Council Communication No. G-9392 from the City Manager, demolition of requesting that the City Council confirm the structure at 1506 North Houston Street and rear property a t 1506 and 3009-11 South Adams Street to be substandard and a nuisance and authorize contracts for North Houston St. demolition of structures for the City Services Department; and authorize a lien be filed against each property to cover the cost of demolition and administration. Mrs. Gail Baxter re M&C G-9392 Mrs. Gail Baxter, Code Enforcement Supervisor, appeared before the City Council and Mrs. Gail Baxter re M&C G-9392 advised the City Council that the property located at 3009 and 3011 South Adams Street is the property that City Council agreed to give a 30 day delay provided the property was mowed and secured, and as of 10:00 a.m. Monday, November 25, 1991, the front door and windows were boarded shut, the side doors and four windows were open, the back yard had not been mowed and contained tree limbs, tires, and debris. Mr. Lindy Allen re M&C G-9392 Mr. Lindy Allen, 1117 E. Jefferson, appeared before the City Council and advised the MAC G-9396 re disposal of City Council that the property located at 3009 and 3011 South Adams had been completely Fire Department secured on the afternoon of Monday, November 25, 1991, and that most of the debris had been reoc rd s cleared away and the rest should be completed by today. Council Member Chappell made a motion, seconded by Council Member Silcox to delay the vote on reconsideration of Item No. 7, as contained in Mayor and Council Communication No. G-9392, for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mrs. Gail Baxter re M&C G-9392 Mrs. Gail Baxter, Code Enforcement Supervisor, appeared before the City Council and advised the City Council that the property located at 1506 was delayed for one week and that the new owner is present. Mr. Jack Garrett Mr. Jack Garrett, 7001 Grapevine Highway, Suite 310, representing Mr. Don Hale, re M&C G-9392 appeared before the City Council and advised the City Council that the property located at 1506 North Houston Street and rear had been sold to Mr. Norman Hoover. Mr. Norman Hoover re MAC G-9392 Mr. Norman Hoover, owner of said property, appeared before the City Council and advised the City Council that the structure is burned beyond repair and that he intended to start demolition of the property within 14 days. Mrs. Gail Baxter re M&C G-9392 Mrs. Gail Baxter appeared before the City Council and advised the City Council that staff would agree to the 14 day extension in order to demolish the property. Council Member Puente made a motion, seconded by Council Member Silcox, that Item No. 1, as contained in Mayor and Council Communication No. G-9392, be given a 14 day extension in order to demolish the property. When the motion was put to a vote by the Mayor, it prevailed unanimously. MAC G-9396 re disposal of There was presented Mayor and Council Communication No. G-9396 from the City Manager Fire Department stating that Fire Incident Report Records belonging to the Fire Department have been reoc rd s targeted for disposition; that procedures for disposal of public records outlined in City of Fort Worth Administrative Regulation 1-30 were followed; that the requests to dispose of the records were reviewed and approved by the Fire, Law, Internal Audit, Risk Management, and Records and Information Management Office departments prior to submission to the Texas State Library; and recommending that the City Council approve the disposal of 36 cubic feet of Fire Incident Reports dated January 1990 through December 1990. It was the consensus of the City Council that the recommendation be adopted. MAC G-9397 re There was presented Mayor and Council Communication No. G-9397 from the City Manager donation of two stating that the Fort Worth Police Department has been offered a gift of two RL 1050 RL 1050 Ammunition Ammunition Reloaders for use at Fort Worth Police Academy Weapons Range; that the two Reloaders machines are presently on order from Dillon Precision Products, Inc., and when installed will give the Police Academy the ability to reload 9 mm and .45 caliber ammunition; that the estimated value of the two machines is $2,300.00; and recommending that the City Council accept the donation of two RL 1050 Ammunition Reloaders from an anonymous donor. Council Member Silcox acknowledged the generous donation of an anonymous donor and made a motion, seconded by Council Member Meadows, to approve the recommendation as contained in Mayor and Council Communication No. G-9397. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C, G-9398 re There was presented Mayor and Council Communication No. G-9398 from the City Manager services performed stating that the City of Fort Worth submitted its Public Safety Trunked Radio Communication by Association of plan to Region 40 Review Committee for approval on June 25, 1991; that a requirement of the Public Safety Regional 40 Plan was to submit a valid purchase order with the application for frequency Communication coordination by the Association of Public Safety Officers, Inc.; that after its review, APCO Officers, Inc. forwards the result of its review and application to the FCC for issuance of a license; that Minutes of City Council T-3 Page 88 • • • Tuesday, November 26, 1991 the FCC is issued a license for 40 channels in the 800 MHz frequency range to the City of &C G-9398 cont. Fort Worth on September 23, 1991; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget of the General Fund; that no funds were budgeted for this purpose; however, funds budgeted for the WBAP Tower lease, which was canceled, will be used for this expenditure; and recommending that the City Council confirm the expenditure of $5,175.00 for services performed by Association of Public Safety Communication Officers, Inc. r. Bob Terrell re Mr. Bob Terrell, Assistant City Manager, appeared before the City Council and advised &C G-9398 the City Council that the expenditure was paid from the existing communication fund, and this amount had to be paid prior to the selling of the bonds in order to submit an application of the license. Mr. Terrell advised the City Council that there may be other expenditures connected with this project that could be paid for using money from the communication fund. Mr. Judson Bailiff Mr. Judson Bailiff, Fiscal Services Director, appeared before the City Council and re M & C G-9398 advised the City Council that staff initially submitted reports to the City Council that identified costs to be paid out of the communication fund balance that had accrued, and use of these funds was anticipated to decrease the financing of the communication system. Mr. Bob Terrell re Mr. Bob Terrell, Assistant City Manager, advised the City Council that the purchase M&C. G-9398 of training consoles would be purchased using the communication fund and advised Council that the sale of the hand-held radios were not included in the proposed purchase of the communication system which is expected to generate between $600,000.00 and $800,000.00 to be placed in an account to service the debt on the bonds. Mr. Judson Bailiff Mr. Judson Bailiff advised the City Council that Council approval would not have been re M&C. G-9398 required until the City Council decided to issue certificates of obligation and decided to sign off on the contract and that these expenditures were previously identified as a third source of funding, in addition to the debt and lease payments. Council Member Council Member Matson requested that staff provide a list of all future costs Matson re M&C associated with this project. G-9398 Council Member McCray made a motion, seconded by Council Member Puente, that the recommendation as contained in Mayor and Council Communication No. G-9398, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9399 re There was presented Mayor and Council Communication No. G-9399 from the City Manager fueling services stating that the Alliance Airport opened on December 14, 1989, without a fixed based terminated operator contract; therefore, a need existed for temporary fuel services; that these services were procured on an emergency purchase order basis by Mayor and Council Communication No. P-3970, dated January 16, 1990; that, since that time, staff has considered several options to provide fueling services on a more permanent basis, but none have been approved; and recommending that the City Manager be authorized to terminate the fueling services provided by Staci's Jet Center at Fort Worth Alliance Airport at midnight on December 20, 1991. Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, appeared before the City Council and re M & C G-9399 advised the City Council that the recommendation as contained in Mayor and Council Communication No. G-9399, authorizes the City Manager to terminate the current refueling agreement with Staci's Jet Center Aircraft Refueling Service effective December 20, 1991, at midnight and advised the City Council that staff had been directed by the City Council to examine this arrangement and respond to the City Council's concern as to the level of subsidy expended from the General Fund to maintain this level of service; that exploration by staff for a permanent solution has been unsuccessful at this time; and that other options are being considered and will be brought back to the City Council for approval which include the refueling of large aircraft by American Airlines and smaller aircraft by using above - the -ground self -fueling tanks or a lower level of service to be provided by Staci's Jet Center Aircraft Fueling Service and advised the City Council that staff would bring back to City Council a recommendation before December 20, 1991, and stated that this is a temporary arrangement. Council Member Matson made a motion, seconded by Council Member Meadows, that the recommendation as contained in Mayor and Council Communication No. G-9399, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9400 re There was presented Mayor and Council Communication No. G-9400 from the City Manager, Retention of Out- as follows• side Legal Counsel SUBJECT: RETENTION OF OUTSIDE LEGAL COUNSEL FOR ETHICS REVIEW COMMITTEE ON COMPLAINT FILED BY BRENT C. DICKEY RECOMMENDATION: It is recommended that the City Council: 1. Retain Tom Law pursuant to Section 3, Chapter 6 of the City Charter, as outside legal counsel to advise the Ethics Review Committee concerning a complaint filed with the committee by Brent C. Dickey on October 22, 1991. 2. Adopt the attached Resolution fixing in advance, as far as practical, the compensation to be paid Mr. Law for his services, an amount not to exceed $3,500.00. Minutes of City Council T-3 Page 89 all Tuesday, November 26, 1991 M&C G_9400 cont. II DISCUSSION• On October 22, 1991, Brent C. Dickey filed a complaint with the Ethics Review Committee alleging that Councilmember David Chappell violated Section 2-238 of the Code of Ethics Ordinance. Section 2-245(a) of the Code of Ethics Ordinance provides that when a complaint is filed against certain officials, including members of the City Council, independent legal counsel shall be selected to advise the Ethics Review Committee and to participate in hearings. The independent legal counsel is selected by the Committee on a case-by-case basis. Fee arrangements with such counsel must be approved by the City Council. On November 4, 1991, the Ethics Review Committee voted to select Tom Law as its independent legal counsel in the proceeding relating to Councilmember Chappell. Mr. Law, an attorney who is well recognized for his knowledge and experience, has agreed to advise the Committee and to participate in the hearing for a fee of $110.00 per hour (one-half his regular hourly rate). Under Section 2-245(a), Council approval of the -fee arrangements with Mr. Law is required. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund. Council Member Chappell re Council Member Chappell advised the City Council that he would not be voting on Mayor M&C No. 9 400 and Council Communication No. G-9400 because of a conflict of interest. City Attorney City Attorney Wade Adkins advised the City Council that the ordinance provides for the Wade Adkins re Ethics Review Committee to have outside council and selection thereof and the City Council M&C G-9400 is responsible for approving the fee arrangement, the Committee voted to select Mr. Law, however, preparation of the Mayor and Council Communication took longer than anticipated and did not reach the City Council in time to be approved before the scheduled hearing and advised the City Council that these kinds of delays would be avoided in the future. Mr. Law was advised prior to the hearing that his fee had not been approved by the City Council and informed me that, in order not to inconvenience the Committee, he would go ahead and represent them and, if his fee was not approved, that he would do it without being paid. Council Member Puente M&C, Council Member Puente suggested that the list of attorneys used by the Ethics Review re G-9400 Committee be expanded to include a broad range of attorneys. City Attorney Adkins M&C, City Attorney Adkins advised the City Council that the Ethics Review Committee has re G-9400 discussed expanding the list of attorneys and has recommended that members of the Committee bring back a list of attorneys for inclusion to the list. Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9400 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell Introduced a Council Member Silcox introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Woods, adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1788 1788 WHEREAS, on October 22, 1991, Brent C. Dickey filed a complaint with the Ethics Review Committee alleging that Councilmember David Chappell violated Section 2-238 of the Code of Ethics Ordinance; and WHEREAS, Section 2-245(a) of the Code of Ethics Ordinance provides that when a complaint is filed against certain officials, including members of the City Council, independent legal counsel shall be selected by the Committee to advise the Committee and to participate in hearings; and Minutes of City Council T-3 Page 90 91 Tuesday, November 26, 1991 WHEREAS, such independent legal counsel is to be selected by Resolution No. the Ethics Review Committee on a case-by-case basis and fee 1788 cont. arrangements for such counsel are subject to approval by the City Council; and WHEREAS, on November 4, 1991, the Committee voted to select Tom Law as its independent legal counsel in the proceeding relating to Councilmember Chappell; and WHEREAS, Tom Law possesses the knowledge and experience to advise the Committee in this matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That Tom Law be retained as independent legal counsel pursuant to Section 3, Chapter VI of the City Charter, and to Section 2-245(a) of the Code of Ethics Ordinance to advise the Ethics Review Committee concerning the complaint filed by Brent C. Dickey against Councilmember David Chappell and to participate in any hearings concerning the complaint. II. That, as far as practicable, the compensation to be paid Tom Law for his services be fixed in. an amount not to exceed $3,500, Mr. Law's hourly rate for handling this matter being $110 (one-half of his standard $220 hourly rate). Mrs. Dorothy Mrs. Dorothy McKinney, 1909 6th Avenue, Fairmount Association President, appeared McKinney re before the City Council and presented an annual report on the Fairmount/Southside Historic Fairmount/South- District. side Historic Di- strict There was presented Mayor and Council Communication No. G-9401 from the City Manager M&C G-9401 re stating that Dr. Glenn Acker, Superintendent of Joshua I.S.D. has requested that the City sale of two pick- sell to them a 1982 Dodge 1/2 ton pickup and a 1984 Chevy S-10 pickup that are surplus ups equipment and are scheduled for auction in June 1992; that prices have been determined by the average amount received at the last auction when 1983 1/2 ton pickups sold for an average $750.00 and compact pickups sold for an average $625.00; stating that the Equipment Services Division/Section of the City Services Department is responsible for collection of funds due the City under this agreement; and recommending that the City Council authorize the sale of two pickups to the Joshua Independent School District for a total amount of $1,400.00 with the 1982 Dodge 1/2 ton pickup selling for $750.00 and the 1984 Chevy S-10 pickup selling for $650.00. On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was adopted. M&C G-9402 re There was presented Mayor and Council Communication No. G-9402 from the City Manager sale of 1983 In- stating that the Mayor of Joshua has requested that the City of Fort Worth sell to the City ternational 48 -GVW of Joshua a 1983 International dump truck; that the price was determined by the average sale Truck with 12 price of comparable equipment at the last auction; that the Equipment Services Division of cubic yard dump the City Services Department is responsible for collection of funds due the City under this bed agreement; and recommending that the City Council authorize the sale of a 1983 International, 48 -GVW Truck with 12 cubic yard dump bed to the City of Joshua, Texas, for a total amount of $10,000.00. On motion of Council Member Woods, seconded by Council Member Puente, the recommendation was adopted. M&C G-9403 re cont. for two There was presented Mayor and Council Communication No. G-9403 from the City Manager, weeks as follows: SUBJECT: RECOMMENDATION TO REJECT TEXAS AIR CONTROL CONTRACT AND DISCONTINUE LOCAL AIR QUALITY PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Reject the Texas Air Control Board's proposed contract to offset the local funding of the air pollution programs by $39,368.00, and 2. Notify the executive director for the Texas Air Control Board that the City of Fort Worth is discontinuing the local air pollution program as provided for in Senate Bill 2, effective January 1, 1992, and 3. Upon approval of Recommendation No. 2, immediately notify the regional administrator of the United States Environmental Protection Agency, Region Six (VI), of the City's intent to terminate the air quality program effective January 1, 1992. D B USSTON! As part of the budget process for FY 91-92, staff attempted to identify programs which may be a duplicate of effort; and/or the responsibility of other agencies. The Texas Air Control Board (TACB) has been established, through federal and state statute, as the agency responsible for maintaining air quality in the state. In addition, five metropolitan areas, including Fort Worth have local air quality programs which supplement the TACB efforts. Attempts to obtain Minutes of City Council T-3 Page 91 92 Tuesday, November 26, 1991 M&C G-9403 cont. state funding for these local. air quality programs fell significantly short of the actual local funding levels currently being provided. The proposed TACB contract as proposed would offset City of Fort Worth funding by $39,368 for FY 91-92, leaving $73,286 as General Fund obligation. The contract proposal also expands the local role and responsibilities for implementing air quality regulations. Staff has thoroughly reviewed the program and has discussed it with the TACB staff and believes this is the final recommended level of funding to be offered by the TACB. Therefore, staff believes it will be in the City's best interest to approve Recommendation No. 1. Local funding in the amount of $112,654 for FY 91-92 was to have been offset by revenues from the TACB. Since the funds are not available, the local share of funding would have to be obtained from reserve fund balances or other sources to continue the local program. Since TACB is the responsible agency for regulating air quality in the state and will receive an estimated two $2 million annually in vehicle registration fees from Tarrant County. Staff believes Council should approve Recommendation No. 2. In addition to the local funds, the City receives $100,000 from the Environmental Protection (EPA) Agency. Approval of Recommendation No. 2 would require termination of the contract with EPA. Under CFR 31.44(b), the City must provide 1) written notification to the EPA, 2) provide reasons for the termination, and 3) provide the effective date of the termination. Therefore, approval of Recommendation No. 3 will allow the City to terminate the EPA contract. The City Council received a detailed Informal Report during the November 19, 1991 Pre -Council session which outlined the history of the air quality issues. Attached to this report is a letter to Commissioner Marti VanRavenswaay which formally outlined the TACB position. Council Member Chappell made a motion, seconded by Council Member Silcox, that the recommendations be adopted. Mr. Michael Stanley re Mr. Michael Stanley, 1100 North Commerce, Vice President of Star Phone Company, M&C G-9403 appeared before the City Council and expressed opposition to the discontinuance of the local air quality program and requested that the following statement be read into the record: Star R Foam Manufacturing is a local Fort Worth company with an annual payroll of $1 million. Our factory is capable of discharging as much as 195 tons annually of Volatile Organic Compounds and we are a small company. Thanks to the efforts of the AIR POLLUTION CONTROL SECTION of the Fort Worth Health Department, our company operates the best air pollution control system in our industry. Many years ago when we started our small company, air pollution control was not a big issue and we never considered ourselves to be a potential polluter. The expanded polystyrene industry throughout the world felt safe because we did not use chlorofluorocarbons (CFC's) as an expansion agent like extruded cellular plastics (polyisocynates, extruded styrene, etc) but suddenly, in California, studies revealed that our industry could economically collect and destruct the volatile organic compounds used in our process. This, coupled with company growth, plus new EPA regulations resulted in our company being in violation of regulations and good citizenship.. It was not the Environmental Protection Agency nor the Texas Air Control Board that brought this to our attention. It was the Air Pollution Control Section of the Fort Worth Health Department. Fort Worth is on the list of worst cities in the United States for air quality. Texas leads the nation in air pollution. TACB does not have the personnel or budget to do the job alone. This compares to expecting the Texas Department of Public Safety to police our city. The Air Pollution Control Section of the Fort Worth Health Department is important to create a better environment, and a healthier Fort Worth. Sincerely, Gene Stanley President Mayor Granger Mayor Granger excused herself from the Council table at this time and Mayor Pro assumed excused tempore Webber assumed the chair. herself from the Council table Mr. Earl Burnam, 3821 Burkett Drive, representing the Audubon Society, appeared before Mr. Earl Burnam re the City Council and expressed opposition to discontinuation of the Local Air Quality M&C G-9403 Program. Ms. Mary C. Scott Ms. Mary C. Scott, representing Tarrant Coalition for Environmental Awareness, 1101 re M&C G-9403 Circle Lane, Bedford, Texas, appeared before the City Council and expressed opposition to the discontinuation of the Local Air Quality Program. Mr. Glen Bradbury Mr. Glen Bradbury, 3825 Clayton Road West, appeared before the City Council and re M&C G-9403 expressed opposition to the discontinuation of the Local Air Quality Program. Mayor Granger Mayor Granger assumed the chair at this time and Mayor Pro tempore Webber excused assumed the chair herself from the Council table. Minutes of City Council T-3 Page 92 93 Tuesday, November 26, 1991 Ms. Edith Heil re Ms. Edith Heil, representing the League of Women Voters, 6009 Ridglea Way, appeared discontinuation of before the City Council and expressed opposition to the discontinuation of the Local Air the Local Air Quality Program. quality Program Mr. Jim Finch re Mr. Jim Finch, Vice President of Gilbert International, 10178 Sunridge Drive, discontinuation of ° ' Benbrook, Texas, appeared before the City Council and expressed opposition to the the Local Air discontinuation of the Local Air Quality Program. quality Program Mr. Lon Burnham re Mr. Lon Burnham, representing the Texas Citizens' Action, 4200 South Freeway, No. 623, discontinuation of appeared before the City Council and expressed opposition to the discontinuation of the the Local Air Local Air Quality Program. Quality Program Ms. Janis Huneycutt Ms. Janis Huneycutt, Regional Director of the American Lung Association, 106 Meadow re discontinuation View Court, appeared before the City Council and expressed opposition to the discontinuation of the Local Air of the Local Air Quality Program. Quality Program Council Member Council Member Puente requested that staff continue its negotiation with the Texas Air Puente re Texas Control Board. Air Control Board City Manager Ivory City Manager Ivory advised the City Council that the City Council needs to consider re Local Air some strategies in how we respond to the local and state responsibilities regarding the Quality Program federal mandates; that Fort Worth has been a dominant leader in dealing with air pollution issues; that this program has been funded with Fort Worth tax payers money and that in the last session of the Texas legislature, a new agency was created with new contracts which is patently unfair to the tax payers of this City as it relates to what we receive from this agency; that the City of Fort Worth generates $990,000.00 in fees to be sent to the state and will only receive from the state $39,000.00, which is unequitable and does not address the issue at hand and staff recommends that the City Council not accept this contract. City Manager Ivory also advised the City Council of a letter from a Tarrant County Commissioner acknowledging the fact that Fort Worth has assumed a County -wide role by providing a Local Air Quality Program and advised the City of Fort Worth that, until a methodology can be developed to obtain financial support from all Tarrant County communities, it seems essential for the City of Fort Worth to continue this program throughout this fiscal year; and reminded the City Council that these kinds of issues were addressed during the budget process and, if the City Council wishes to fund this project, it will have to be done through a supplemental appropriation from the General Fund balance. Mr. Mike Groomer Mr. Mike Groomer, Assistant City Manager, appeared before the City Council and advised re Texas Air the City Council that efforts were attempted to get equitable funding for programs at the Control Board local level if they could be proven cost effective, however, the Texas Air Control Board elected to reduce the amount of funding for such programs and advised the City Council that the state has the same responsibility as the City has for inspection and will assume most of the Cities responsibilities. Ms. Libby Watson r Ms. Libby Watson, Assistant City Manager, appeared before the City Council and advised Cities Local Air the City Council of the major functions of the Cities Local Air Quality Program. Quality Program Mr. Mike Groomer r Assistant City Manager Mike Groomer advised the City Council that the proposed Air Quality P rog ra effective date of this action is January 1, 1992, with a 30 day transition period. City Manager Ivory City Manager Ivory advised the City Council that the City of Fort Worth is taking this re Air Quality Pro stance alone. gram Mr. Mike Groomer re Assistant City Manager Mike Groomer appeared before the City Council and advised the Air Quality Pro- City Council that the City of Fort Worth would receive the same amount of service as other gram cities in the North Texas area when this function is taken over by the state. Mr. Rick Hay re Mr. Rick Hay, Environmental Management Director, appeared before the City Council and MAC G-9403 advised the City Council that the City will be active in the planning process with both the Council of Government and the Environmental Protection Agency and insuring that the date we have implemented for certain controls are being met. Council Member Woods made a substitute motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. G-9403 be continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber MAC P-5342 re There was presented Mayor and Council Communication No. P-5342 from the City Manager agreement with stating that the City Council approved Mayor and Council Communication No. C-10839 on March Memorex -Telex 8, 1988, and P-2925 (Revised) on September 27, 1988, for lease/purchase and maintenance of Memorex -Telex equipment; that the unit costs charged by Memorex -Telex remained the same as originally approved; that the City Council authorized the 12 -month maintenance agreement with Memorex -Telex with an option to renew on March 3, 1990, by Mayor and Council Communication No. P-4113; that Memorex -Telex has agreed to renew this option for the 1991- 1992 agreement; that Information Systems and Services Department coordinates the maintenance process and initiates action to bill various departments; stating that the Director of Fiscal Services certifies that funds for this expenditure are available in the operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize the renewal of lease/purchase and maintenance agreements with Memorex -Telex to provide equipment and services to City of Fort Worth for a monthly charge not to exceed $2,800.00 f.o.b. Fort Worth; not to exceed $33,600.00, with term of agreement to begin Minutes of City Council T-3 Page 93 Tuesday, November 26, 1991 M&C P-5342 cont. November 1, 1991, and end October 31, 1992. It was the consensus of the City Council. that and adopted the recommendations be adopted. M & C P-5343 re There was presented Mayor and Council Communication No. P-5343 stating that the City purchase agreement Council authorized a three-year purchase agreement with Eastman Kodak on November 17, 1987, with Eastman Kodak by Mayor and Council Communication No. P-2278 for lease/maintenance with two one-year renewal options if service continued to be satisfactory; that the current optional renewal expires on November 16, 1991, and, at the request of the Office Services Department, bids were solicited to establish a new contract; that it is estimated that the evaluation process and Council approval will be completed prior to December 31, 1991; that, by extending the current contract with Eastman Kodak through the end of December, the City will be assured of continued maintenance and service; that Eastman Kodak has agreed to waive all maintenance charges for these three copiers for the entire month of December which resulted in a savings of $1,312.07 for this interim extension; that the Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the Office Services Fund; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-4441 for lease/maintenance with Eastman Kodak for three high-speed copiers for the City of Fort Worth to extend the expiration date to December 31, 1991, and increase funding by an amount not to exceed $7,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-5344 re There was presented Mayor and Council Communication No. P-5344 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement for blue line reproduction with Spartan and services for the City of Fort Worth; stating that the Director of Fiscal Services certifies Reproduction and that the funds required for this anticipated expenditure during the 91-92 Fiscal Year are Printing, Inc. available in the current operating budget, as appropriated; and recommending that the purchase agreement be authorized with low bidder, Spartan Reproduction and Printing, Inc., for blue line reproduction services for the City of Fort Worth, with term of agreement to begin November 20, 1991, and end November 19, 1992, with one renewal option. It was the consensus of the City Council that the recommendations be adopted. M&C P-5345 re purchase agreement Texas Industries, Inc. M&C P-5346 re purchase agreement Waukesha Pearce Industries M&C P-5347 re purchase agreement with . Looks:.Forni - tore;,,,Logacal Data Systems and Ser- vices and South- west Office Sys- tems M&C P-5348 re purchase agreement with Earth Science Technology There was presented Mayor and Council Communication No. P-5345 from the City Manager submitting a tabulation of bids received for a purchase agreement to supply bulk Portland Type I cement to the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure are available in the operating budget, as appropriated, of the appropriate funds; and recommending that the City Council authorize a purchase agreement with Texas Industries, Inc., on its low bid of $50.20 per ton, f.o.b. Fort Worth, with term of agreement to begin December 12, 1991, and end December 11, 1992. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-5346 from the City Manager stating that bids were requested for a purchase agreement for Genuine White Manufacturer's Replacement Engine Parts for the City Services Department on the basis of price less a discount; that the award of a one-year purchase agreement for purchase of these repair parts on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the City Council approved a purchase agreement on January 15, 1991, by Mayor and Council Communication No. P-4674, with Waukesha Pearce Industries for O.E.M. White engine parts; that Hercules is the manufacturer of White engines; that City Services staff has requested that the option to renew be exercised by Council and the vendor has agreed to maintain the quoted discount for another year; that the Equipment Services Division expects to expend a maximum of $20,000.00 on this agreement; however, no guarantee has been made that a specific quantity of goods or services will be purchased; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise the option to renew a purchase agreement for genuine White manufacturer's replacement engine parts with Waukesha Pearce Industries for the City Services Department on low bid of unit prices at the manufacturer's suggested list price less zero percent discount, with term of agreement to begin January 15, 1992, and end January 14, 1993, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-5347 from the City Manager submitting a tabulation of bids received for lease agreements for office equipment and furniture for the Department of Employment and Training; stating that the Director of Fiscal Services certifies that funds required for these agreements are available in the current capital budget of the Grant Fund GR76; and recommending that the City Council ratify the lease agreements for office equipment and furniture for the Employment and Training Department from various vendors, as follows: 1. Looks Furniture Arlington, Texas 2. Logical Data Systems & Services Granbury, Texas 3. Southwest Office Systems Fort Worth, Texas Total monthly payment $7,274.31 per month $2,170.00 per month $ 257.00 per month $9,701.31 net, f.o.b. Fort Worth Council Member Silcox made a motion, seconded by Council Member McCray, that the recommendations be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. P-5348 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide tank tightness Minutes of City Council T-3 Page 94 OT Tuesday, November 26, 1991 &C P-5348 cont: tests for the Environmental Management Office; stating that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in this agreement are available in the operating budget, as appropriated, of the appropriate funds; and recommending that the purchase agreement be authorized with Earth Science Technology on its low bid of unit prices for an amount not to exceed $17,815.00, with term of agreement to begin December 5, 1991, and end December 4, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5349 re purchase agreement There was presented Mayor and Council Communication No. P-5349 from the City Manager from Farber Bag & submitting a tabulation of bids received for a purchase agreement for an estimated quantity Supply and Dallas of tree baskets and liners for the Park and Recreation Department; stating that the Director Bag & Burlap Com- of Fiscal Services certifies that funds required for this expenditure are available in the pany current operating budget, as appropriated, of the General Fund; and recommending that the purchase agreement be authorized with Farber Bag and Supply and Dallas Bag & Burlap Company based on unit prices, meeting City specifications, for a total amount not to exceed $12,735.00 net, f.o.b. Fort Worth, with term of agreement to begin November 12, 1991, and end November 11, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5350 re purchase agreement There was presented Mayor and Council Communication No. P-5350 from the City Manager with TCOM/Human stating that the City Council authorized a purchase agreement on November 15, 1988, by Mayor Fitness/The YMCA and Council Communication No. P-3043 for a period of one year plus five additional one-year optional renewals to provide physical assessments for the Police Department; that the service has been satisfactory and the Police Department has recommended exercising the optional renewal; that written confirmation has been received substantiating the same pricing, terms, and conditions as outlined in the original bid quotation package; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize: 1. Exercising the third of five options to renew the purchase agreement with TCOM/Human Fitness/The YMCA to provide physical assessments not to exceed $80,000.00 for the Police Department as follows: Physical Assessment $160.00 per test FEE SCHEDULE FOR OPTIONAL DIAGNOSTIC PROCEDURES Procedure 2 -View Chest X -Ray Audiometric Screen Drug Screen Pre -Employment Physical Flexible Proctosigmoidoscopy Structural Low Back X -Rays (2 -View) Mammography (With Educational Program) Family Health Care Fees Initiation Fee for Medifast Program if Assessment Already Performed Initiation Fee for Medifast Program if Assessment Not Performed Health Health Weekly Charges (Includes Food Supplement) Fee $ 33.00 $ 10.00 $ 25.00 $228.00 $ 50.00 $ 30.00 $ 95.00 $ 95.00 Waived $ 75.00 $ 40.00 2. This agreement to begin November 15, 1991, and end November 14, 1992, with two renewal options remaining. City Manager Ivory City Manager Ivory advised the City Council that the recommendations as contained in re M & C P-5350 Mayor and Council Communication No. P-5350 were not a duplication of services for the Firefighters. Council Member Chappell made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. P-5350, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C, P-5351 re There was presented Mayor and Council Communication No. P-5351 from the City Manager purchase agreement stating that Mayor and Council Communication No. P-4851 was authorized by Council for a with Degussa Cor- purchase agreement with Degussa Corporation to supply 50 percent hydrogen peroxide at p o ra tio n $0.3440 per pound to the Water Department; that the Water Department is opening a new plant at Eagle Mountain Lake that requires 35 percent hydrogen peroxide, food grade to be used in combination with ozone for the oxidation and removal of taste and odor organic compounds; that, depending upon the results, the other water production plants would require the product in their processes; that the current hydrogen peroxide supplier, Degussa Corporation has agreed to supply the food grade 35 percent hydrogen peroxide at the same price as the 50 percent or $0.3440 per pound; that both products will be rebid at the expiration of the current agreement on May 28, 1992; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Water Department; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-4851 for a purchase agreement with Degussa Corporation to include 35 percent hydrogen peroxide for the Water Department at $0.3440 per pound, with term of agreement expiring May 28, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C. P-5352 re There was presented Mayor and Council Communication No. P-5352 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide various size with Atlas Utility Meg -A -Lugs for the Water Department; stating that the Director of Fiscal Services certifies Supply that funds required for this purchase agreement are available in the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Atlas Utility Supply on its low bid of $10,549.75 less payment terms of 10 percent 30 days for an Minutes of City Council T-3 Page 95 49611 Tuesday, November 26, 1991 M&C P-5352 cont. adjusted bid of $9,494.78 f.o.b. Fort Worth, with term of agreement to begin November 19, 1991, and end November 18, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C L-10715 was It was the consensus of the City Council that Mayor and Council Communication withdrawn No. L-10715, Cancellation of Lake Worth Lease - Lot 9, Block 7, be withdrawn from the agenda. MPC PZ -1639 re There was presented Mayor and Council Communication No. PZ -1639 from the City Manager vacating utility recommending that the City Council adopt an ordinance vacating a ten -foot wide by easements approximately 236 feet long utility easement located in the northwest corner of Ridgmar Addition, Block 104-R; a 15 -foot wide by approximately 848.5 feet long utility easement located in the north portion of the subject property; and a ten -foot wide by approximately 261.2 feet long utility easement located in the northeast corner of the subject property. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10961 10961 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING THREE UTILITY EASEMENTS LOCATED IN BLOCK 104-R, RIDGMAR ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-13148 re There was presented Mayor and Council Communication No. C-13148 from the City Manager, contract with E. as follows: Horn Construction, Inc. SUBJECT: CHANGE ORDER NO. 3 TO CONTRACT WITH E. HORN CONSTRUCTION, INC. FOR THE EASTSIDE POLICE SECTOR FACILITY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve an $11,204.00 fund transfer from the Capital Projects Reserve Fund to the Public Safety Improvements Fund, and 2. Approve Change Order No. 3 in the amount of $11,204.00, and increase City Secretary Contract No. 18301 with E. Horn Construction, Inc. to $558,172.00 for the construction of the Eastside Police Sector Facility. DISCUSSION: On January 10, 1991, (M&C C-12686), the City Council approved a contract with E. Horn Construction, Inc., for the construction of the project for $451,666.00. On May 21, 1991, (M&C C-12875) and August 27, 1991, (M&C C-13039), the City Council approved Change Orders No. 1 and 2, respectively, to the construction contract. Unforeseen subsurface conditions have been met during the reconstruction of the facility's parking lot. These include a serious ground water situation which requires the installation of a subdrain system, the removal of a concrete house slab which was under the original deteriorated asphalt parking lot, the repair of a water line, and the replacement of an underground electrical conduit and wires which were rusted and shorted out. The contractor proposes to perform all of the additional work for $11,204.00 with 14 additional days to complete the work. Staff considers this proposal to be fair and reasonable. Although this change order would extend the contract completion date to January 6, 1992, the contractor expects to be substantially complete by December 15, 1991, weather permitting. PROJECT COST AND WORKING TIME: Original Contract Amount: $451,666 130 Calendar Days Approved Change Order No. 1: 75,129 166 Calendar Days Approved Change Order No. 2: 20,173 21 Calendar Days Proposed Change Order No. 3: 11,204 14 Calendar Days Proposed Contract Amount: $558,172 331 Calendar Days FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this change order are available in the Capital Projects Reserve Fund. Minutes of City Council T-3 Page 96 97 Tuesday, November 26, 1991 Council Member Council Member Meadows requested permission of the City Council to abstain from voting Meadows re M&C on Mayor and Council Communication No. C-13148. C-13148 Mr. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works, appeared before the re M&C C-13148 City Council and advised the City Council that the City was unaware that these problems existed and this is often the case when the City elects to renovate an existing facility. r. Bob Terrell re Mr. Bob Terrell, Assistant City Manager, appeared before the City Council and advised &C C-13148 the City Council that the Real Property Division examined a list of 30 properties over a six to eight-month period and it was determined that this facility, the Four Winds Restaurant, would be the best facility because of its visibility on a major thoroughfare; and stated that it was not until we got into the demolition of the building that these problems were revealed. Council Member Silcox made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. C-13148 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber NOT VOTING: Council Member Meadows M&C C-13149 re There was presented Mayor and Council Communication No. C-13149 from the City Manager contract with James submitting a tabulation of bids received for Reconstruction of Fairway Drive from Cul -De -Sac W. Jackson, Inc. to Ellis Ranch Trail; and recommending that the City Council approve a bond fund transfer in the amount of $51,766.00 from Inner City Streets Unspecified Project to Fairway Drive, from Cul -De -Sac to Ellis Ranch Trail, Project in Street Improvement Fund; and authorize the City Manager to execute a contract with James W. Jackson, Inc., for Reconstruction of Fairway Drive, from Cul -De -Sac to Ellis Ranch Trail, in the amount of $47,060.00, and 30 working days. Mr. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works, appeared before the re M&C C-13149 City Council and advised the City Council that City policy states that a Change Order will be established for anticipated differences between estimated quantities and actual quantities. Council Member Silcox made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. C-13149, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13150 re There was presented Mayor and Council Communication No. C-13150 from the City Manager, contracts with as follows: Morgan Stanley and Bank of New York 11 SUBJECT: SECURITIES LENDING PROGRAM WITH MORGAN STANLEY AND BANK OF NEW YORK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to extend the following contracts necessary to continue the City's securities lending program with Morgan Stanley and with Bank of New York as custodian for one year. 1. Paired Repurchase Transactions Custody Agreement 2. Amendment to the PSA Master Repurchase Agreement DISCUSSION: Securities lending is a cash management strategy involving the lending of the City's securities to a primary dealer, but with the substitution of securities of greater market value which are safekept by a third -party custodial bank. The program is designed in such a way that the City earns supplemental income on the portfolio without losing ownership or interest payments on the loaned securities. The safety of the City's funds and securities is guaranteed. The City Council approved a one-year contract for securities lending services with Morgan Stanley & Company, Inc. and with Bank of New York as custodian on October 17, 1989 (C-11945). These agreements were extended last year on October 23, 1990, (C-12567). During the past year, Morgan Stanley has utilized the City's entire portfolio of U. S. Treasury securities and compensated the City at a rate of 12 basis points (with 25 by for current issues) regardless of lending activity. All custodial fees are paid by Morgan Stanley. In FY 1991, the City earned $225,796.00 in fees from this contract. Assuming that the City would continue to accept the type of collateral it has in the past (e. g. direct obligations of the U. S. Government, obligations unconditionally guaranteed as to principal and interest by the U.S. Government and securities of U. S. agencies, corporations and -instrumentalities), Morgan Stanley proposed 8 basis points (with 20 by for current issues) for the contract extension period of one year. The reduction is due to a much narrower spread between the loaned treasuries and the government securities delivered by Morgan Stanley to the custodian bank. Minutes of City Council T-3 Page 97 Tuesday, November 26, 1991 As an alternate, Morgan Stanley proposed a fee of 11 basis points, if the City M&C C-13150 cont. would agree to accept collateralized mortgage obligations (CMO's) as collateral . Due to the complexity and risk involved in these securities, staff does not recommend accepting CMO's as collateral in the securities lending program. Two other firms were also informally contacted to ascertain their interest, their possible fees and the structure of their programs. Staff determined that due to the limited potential increase in revenue and the unfamiliarity of the other program structures, it was preferable to postpone a formal RFP process until next year. FISCAL INFORMATION/CERTIFICATION: Revenue from the program in FY 1992 is estimated to be $220,000.00. The Cash Management Division of the Fiscal Services Department will be responsible for collection of fees due to the City under the Securities Lending Program. Mr. Judson Bailiff Mr. Judson Bailiff, Director of Fiscal Services, appeared before the City Council and re M&C C-13151 advised the City Council that Mayor and Council Communication No. C-13150 would provide a limited extension of this contract until staff could complete the overall cash management study and recommendation. Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13151 re There was presented Mayor and Council Communication No. C-13151 from the City Manager agreement with recommending that a supplemental appropriation ordinance be adopted increasing North Central Texa appropriations by $534,033.00 in the General Fund and decreasing the Unreserved Undesignated Council of Govern- Fund balance of the General Fund by the same amount, and that the City Manager be authorized men is to execute a letter of agreement for professional assistance to obtain an EPA storm water 1permit with the North Central Texas Council of Governments for an amount not to exceed $534,033.00, over a two-year period. Mr. Rick Hay re Mr. Rick Hay, Environmental Management Director, appeared before the City Council and M&C C-13151 advised the City Council of the portion of cost for the City of Fort Worth with U.S. Geological Survey and informed the City Council that the cost would have been much more if not done regionally; advised the City Council that the entire amount to be done was not in- house; advised the City Council of the other cities involved in the E.P.A. Storm Water Permit application; and advised the City Council that the amount will be paid out over a period of time. Mr. Judson Bailiff Mr. Judson Bailiff, Director of Fiscal Services Department, appeared before the City re M&C C-13151 Council and advised the City Council that the money needs to be appropriated before the actual spending begins. Council Member Meadows made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. C-13151, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote:- AYES: ote:AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10962 10962 AN ORDINANCE APPROPRIATING $534,033.00 TO THE GENERAL FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING A LETTER OF AGREEMENT FOR PROFESSIONAL 'ASSISTANCE; 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 G-9404 It appearing to the City Council that. the City Council that the City Council on November 12, 1991, set today as the day for benefit hearing for improvements and/or services for the Fort Worth Improvement District No. 2; Mayor Granger asked if there was anyone present desiring to be heard. Mrs. A n n Diveley Mrs. Ann Diveley, representing the City Manager's Office, appeared before the City re M&C G-9404 Council and advised the City Council that the purpose of today's public hearing is to Minutes of City Council T-3 Page 98 M • Tuesday, November 26, 1991 rs . Ann Di vel ey' s receive comments regarding the budget and plan of service for the Public Improvement tatement cont. District known as Fort Worth Improvement District No. 2; that notice of the hearing has been &C G-9404 given in accordance with state statutes; and called attention of the City Council to Mayor and Council Communication No. G-9404, as follows: SUBJECT: BENEFIT HEARING AND LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance closing the benefit hearing and levying the assessments as proposed. ORIGIN OF THE PROJECT: On November 12, 1991, (M&C G-9376), the City Council of the City of Fort Worth, Texas, directed that certain improvements and/or services (the "improvements") shall be provided in the Fort Worth Improvement District No. 2 during 1991. The District is an area within the boundaries of SH 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and is more particularly described in a boundary description and map on file in the Office of the City Secretary. IMPROVEMENTS: The improvements to be provided are as follows: 1. Landscaping and maintenance of plantings and -fencing along Park Vista Boulevard and Basswood Boulevard. 2. District management for the administration and operation of the district. The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on November 12, 1991, and is on file in the Office of the City Secretary. The improvements will be provided by The Hillwood Construction Company, under a contract with the City of Fort Worth. PROJECT COST AND FINANCING The Plan of Services and Budget adopted on November 12, 1991, is to be funded by $203,550.00 from assessments and $26,125.00 from the Hillwood Construction Company. The assessments shall be based on the square footage of each parcel times an assessment rate as determined by the City Council according to a formula outlined in the petition and budget. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Considering the benefits to be received from the proposed improvements, it is the opinion of the Director of the Real Property Department that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the benefit hearing was made in accordance with state law. Following the hearing, the assessments on the proposed assessment roll, if approved and accepted by the City Council, will be levied against properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before January 31, 1992. Accounts will become delinquent if not received by February 1, 1992. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1992, at the rate of 10 percent per annum until paid. There was 100% collection of assessments levied in 1990. There being no one else present desiring to be heard.in connection with the hearing on the improvements and/or services in Fort Worth Improvement District No. 2, Council Member Puente made a motion, seconded by Council Member Woods, that the hearing be closed and that the recommendation, as contained in Mayor and Council Communication No. G-9404, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. (See subsequent reconsideration and continuance of same.) Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council T-3 Page 99 TOTAL TO BE COST ASSESSED (a) City administration fee $ 10,000 $ 10,000 (b) Cost of maintenance 203,675 177,550 (c) Replacement reserve 5,000 5,000 (d) Operating expenses 10,000 10,000 (e) Contingency 1,000 1,000 TOTAL $229,675 $203,550 The Plan of Services and Budget adopted on November 12, 1991, is to be funded by $203,550.00 from assessments and $26,125.00 from the Hillwood Construction Company. The assessments shall be based on the square footage of each parcel times an assessment rate as determined by the City Council according to a formula outlined in the petition and budget. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Considering the benefits to be received from the proposed improvements, it is the opinion of the Director of the Real Property Department that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the benefit hearing was made in accordance with state law. Following the hearing, the assessments on the proposed assessment roll, if approved and accepted by the City Council, will be levied against properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before January 31, 1992. Accounts will become delinquent if not received by February 1, 1992. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1992, at the rate of 10 percent per annum until paid. There was 100% collection of assessments levied in 1990. There being no one else present desiring to be heard.in connection with the hearing on the improvements and/or services in Fort Worth Improvement District No. 2, Council Member Puente made a motion, seconded by Council Member Woods, that the hearing be closed and that the recommendation, as contained in Mayor and Council Communication No. G-9404, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. (See subsequent reconsideration and continuance of same.) Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council T-3 Page 99 100 Tuesday, November 26, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 10963 1 ORDINANCE NO. 10963 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 DURING 1991; FIXING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. M&C G-9405 cont. It appearing to the City Council that the City Council that the City Council on for one week November 12, 1991, set today as the day for a benefit hearing levying assessments for Fort Worth Improvement District No. 1; Mayor Granger asked if there was anyone present desiring to be heard. Ms. Olivia Rodri- Ms. Olivia Rodriguez, representing the City Manager's Office, appeared before the City guez re M&C G-9405 Council and advised the City Council that the purpose of today's public hearing is to receive comments regarding the proposed assessments and improvements and supplemental services provided in the Fort Worth Improvement District No. 1 for fiscal year 1991-92; described the boundary of the Improvement District; advised the City Council that a correction needs to be made for the Downtown YMCA inasmuch as it is a tax-exempt organization and has been exempted from assessments since the district was established, and recommended that an amendment be made by exempting the YMCA property located on 540 Lamar Street which will reduce the total amount of assessments on private property to $515,312.00, correcting the amount of the assessment for promotions to be reduced to $49,231.00, and the proposed total assessment should be reduced to $566,228.00; and called attention of the City Council to Mayor and Council Communication No G-9405, as follows: SUBJECT: BENEFIT HEARING AND LEVYING ASSESSMENTS FOR FORT WORTH IMPROVEMENT DISTRICT NO. 1 RECOMMENDATION: It is recommended that the City Council take the following actions concerning Public Improvement District No. 1: 1. Hold a public hearing regarding the proposed property assessments for Fiscal Year 1991-92, and 2. Close the public hearing, and 3. Adopt the attached ordinance which levies the proposed assessments, and 4. Authorize the City Manager to pay the City's total assessment of $50,916. DISCUSSION: On October 1, 1991, the City Council held a public hearing and adopted M&C G- 9325 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 1 during the 1991-92 fiscal year. The improvements to be provided and the costs thereof are as follows: The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on October 1, 1991, and is on file in the office of the City Secretary. $515,4.00 of the cost of improvements shall be assessed against private property located in the district and the owners of the property. In addition, $50,916 of the cost of improvements shall be assessed against City property within the District. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Minutes of City Council T-3 Page 100 PROPOSED TOTAL TOTAL ASSESSMENTS COST FY 1991-92 1. A maintenance and $400 00,797 landscaping program 2. A promotions program 78,140 49,213 3. A marketing program 51,235 49,235 4. A security program 20,975 20,975 5. A transportation and parking program 3,990 3,990 6. A management program 155,500 142,000 TOTALS $710,221 $566,228 The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on October 1, 1991, and is on file in the office of the City Secretary. $515,4.00 of the cost of improvements shall be assessed against private property located in the district and the owners of the property. In addition, $50,916 of the cost of improvements shall be assessed against City property within the District. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Minutes of City Council T-3 Page 100 1©1 Tuesday, November 26, 1991 Based on the appraised value of the property, and considering the benefits to M&C G-9405 cont. be received from the proposed improvements, it is the opinion of the City staff that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessments upon completion 1 of the improvements in accordance with the contract. 11 FISCAL INFORMATION: The Director of Fiscal Services certifies that funds required for payment of the City's assessment obligation are available in the current operating budget, as appropriated, of the General Fund. Correspondence Mayor Granger read correspondence from Mrs. Helen Wallace into the record, as follows: from Mrs. Helen Wallace NOV 26, 1991 MAYOR AND COUNCIL MEMBERS: HELEN WALLACE 312 EAST WEATHERFORD ST. DOWNTOWN FORT WORTH, TEXAS" I AM SICK WITH THE FLU AND COUPLED WITH THE PRESENT DEPRESSED RETAIL BUSINESS SITUATION I DO NOT FEEL JUSTIFIED APPREARING IN PERSON TO PROTEST THE DOWNTOWN IMPROVEMENT DISTRICT #1 TQX RATE ON MY LOCATION. I AM THE EASTERN FRINGE OF THIS IMPROVEMENT DISTRICT AND TODAY AM THE ONLY RETAIL DUSINESS FACING THE EASTERN FRINGE LINE. THE ONLY DEVELOPMENT IN MY IMMEDIATE AREA HAS BEEN THE GROWTH OF YET ANOTHER PARKING LOT. THE TAX DOLLARS YOUR SEEKING .... MINOR AS THE TOTAL SUM MAY APPEAR WOULD BE BETTER UTILIZED BY MY COMPANY TO HELP MY BUSINESS SURVIVE. ANY QUESTIONS???????? IT SADDENS ME THAT WHEN I APPEAR BEFORE THE CITY OF FORT WORTH COUNCIL , YOU ALL HEAR MY SPEAK ....YET, YOU DO NOT LISTEN. H.M. WALLACE Mr. Larry Taylor Mr. Larry Taylor, 1301 Calhoun Street, appeared before the City Council and expressed re M&C G-9405 opposition to the assessment for Fort Worth Improvement District No. 1 and requested that the amount assessed against his property be reduced or eliminated. There being no one else present desiring to be heard in connection with the benefit hearing for Fort Worth Improvement District No. 1, Council Member Chappell made a motion, seconded by Council Member Silcox, that the hearing be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Reconsidered M&C Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor No. G-9404 and Council Communication No. G-9404 be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that the City Council that the City Council on November 12, 1991, set today as the day for benefit hearing for improvements and/or services for the Fort Worth Improvement District No. 2; Mayor Granger asked if there was anyone present desiring to be heard. Attention of the City Council was called to Mayor and Council Communication No. G-9404, as follows: SUBJECT: BENEFIT HEARING AND LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance closing the benefit hearing and levying the assessments as proposed. ORIGIN OF THE PROJECT: On November 12, 1991, (M&C G-9376 , the City Council of the City of Fort Worth, Texas, directed that certain improvements and/or services (the "improvements") shall be provided in the Fort Worth Improvement District No. 2 during 1991. The District is an area within the boundaries of SH 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and is more particularly described in a boundary description and map on file in the Office of the City Secretary. IMPROVEMENTS: The improvements to be provided are as follows: 1. Landscaping and maintenance of plantings and fencing along Park Vista Boulevard and Basswood Boulevard. Minutes of City Council T-3 Page 101 102 Tuesday, November 26, 1991 AC G-9404 cont. 2. District management for the administration and operation of the district. The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on November 12, 1991, and is on file in the Office of the City Secretary. The improvements will be provided by The Hillwood Construction Company, under a contract with the City of Fort Worth. PROJECT COST AND FINANCING TOTAL TO BE COST ASSESSED (a) City administration fee $ 10,000 $ 10,000 (b) Cost of maintenance 203,675 177,550 (c) Replacement reserve 5,000 5,000 (d) Operating expenses 10,000 10,000 (e) Contingency 1,000 1,000 TOTAL $T2 $TO -3,550 The Plan of Services and Budget adopted on November 12, 1991, is to be funded by $203,550.00 from assessments and $26,125.00 from the Hillwood Construction Company. The assessments shall be based on the square footage of each parcel times an assessment rate as determined by the City Council according to a formula outlined in the petition and budget. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Considering the benefits to be received from the proposed improvements, it is the opinion of the Director of the Real Property Department that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the benefit hearing was made in accordance with state law. Following the hearing, the assessments on the proposed assessment roll, if approved and accepted by the City Council, will be levied against properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before January 31, 1992. Accounts will become delinquent if not received by.February 1, 1992. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1992, at the rate of 10 percent per annum until paid. There was 100% collection of assessments levied in 1990. Council Member Chappell made a motion, seconded by Council Member Meadows, that the benefit hearing and levying assessments -improvements and/or services in Fort Worth Improvement District No. 2 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Council Member Chappell requested that City Attorney Adkins prepare a proposed Chappell re M&C amendment to the Ethics Code and place this item on next week's agenda before the City G-9404 Council votes on the two issues regarding the assessment for Fort Worth Improvement District Nos. 1 and 2 in order to exempt these items from the Ethics Code. Correspondence Council Member Chappell read a portion of correspondence received from Mr. Jimmy from Mr. Jimmy Hodges, President of the JMSL Neighborhood Association, requesting an extension of the Hodges M&C, No. deadline for the Code:Blue Grant Application until February 1, 1992. City Manager Ivory City Manager Ivory advised the City Council that the Code:Blue Grant Applications will Code:Blue Grant go beyond the end of December and advised the City Council that there is not an actual Applications cutoff date for the acceptance of applications and stated that applications will be accepted as long as there is money available. Mr. Robert Florez re Code:Blue Grant Applications Ms. Gean Gros re Fairmount Neighbor hood Assoc. from the Historic and Cultural Landmark Subdistrict Council Member Puente re Curfew Ordinance City Attorney Ad- kins re Curfew Or- dianance Dr. Ronald Bryce r high infant morta- lity orta- 1ity rate Mr. Robert Florez, 2744 Hemphill, appeared before the City Council and requested that the City Council extend the Code:Blue Application deadline. Ms. Gean Gros, Chairman of Fairpark Neighborhood Association, appeared before the City Council and advised the City Council that she will continue her efforts to remove the Fairmount Neighborhood Association from the Historic and Cultural Landmark Subdistrict and invited the City Council to come out and visit her neighborhood. Council Member Puente requested that an item be placed on next week's Pre -Council agenda regarding the status of the curfew ordinance. City Attorney Adkins advised the City Council that he will follow up on the curfew ordinance with the City of Dallas and will report to the City Council on next week. Dr. Ronald Bryce, 441 Fawn Ridge, No. 104, Dallas, Texas, appeared before the City Council regarding the infant mortality rate in the City of Fort Worth and advised the City Council that abortions are included in this rate and stated, in his opinion, the abortions should not be a part of the infant mortality rate, and advised the City Council that a cause of death study should be conducted. s. Jeanne Strick- Ms. Jeanne Strickland, Post Office Box 3182, appeared before the City Council and and re Presby- invited the City Council Members to come and visit the night shelter and described the eri an Night Shel - plight of the homeless at the night shelter. er Minutes of City Council T-3 Page 102 et in closed or xecutive session econvened into egular session djourned 103 Tuesday, November 26, 1991 It was the consensus of the City Council that the City Council meet in closed or executive session to seek the advise of -its attorneys concerning pending or contemplated litigation or other matters which are exempt from public disclosure under Article X, Section 9, State Bar of Texas Rules: a) Procurement procedures at D/FW International Airport; b) Tax collection contract with Heard, Goggan and Blair; c) Fort Worth Star -Telegram v. City,of Fort Worth, et al, Cause No. 17-129405-90; d) Glenda A. Braun, et al v. City of Fort Worth, et al, Cause No. 89-13362 as authorized by Section 2(e), Article 6252-17, V.A.C.S. and to discuss the evaluation and duties of the City Attorney, City Manager, City Secretary and City Auditor, as authorized by Section 2(g), Article 6252-17, V.A.C.S. The City Council reconvened into regular session with all members present. Tharp hainn nn firthar hucinPcc_ tha meeting was adjourned. MAYOR Minutes of City Council T-3 Page 103