Loading...
HomeMy WebLinkAbout1991/12/19-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of December 10, 1991 approved Fifth grade winners of the Good Citizen- ship Award Presentation to the City Council CITY COUNCIL MEETING DECEMBER 19, 1991 On the 19th day of December, A.D., 1991, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; Council Member Morris Matson absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by Acting City Secretary Pearson. The Pledge of Allegiance was recited. On motion of Council Member Meadows, seconded by Mayor Pro tempore Webber, the minutes of the meeting of December 10, 1991, were approved. Mayor Granger introduced the fifth grade winners of the Good Citizenship Award from Westcreek Elementary School. A presentation by Mr. Stephen Lefler, President and CEO, Williamson -Dickie, Inc., to the City Council. Minutes of City Council T-3 Page 176 177 - Thursday, December 19, 1991 Withdrew MAC No. Council Member Meadows requested that Mayor and Council Communication No. C-13178 be C-13178 withdrawn from the consent agenda. Withdrew M&C No. Council Member Puente requested that Mayor and Council Communication No. P-5375 be P-5375 withdrawn from the consent agenda. Withdrew M&C Nos. City Manager Ivory requested that Mayor and Council Communication Nos. P-5372 and P-5372 and P=5370 P-5370 be withdrawn from the consent agenda. Withdrew M&C No. Council Member Chappell requested that Mayor and Council Communication No. L-10773 be L-10733 withdrawn from the consent agenda. Withdrew M&C dos. City Manager Ivory requested that Mayor and Council Communication Nos. P-5370 and P-5370 and G-9403 G-9403 be withdrawn from the agenda. MAC G-9427 cant. until City Manager Ivory requested that Mayor and Council Communication No. G-9427 be January 7, 1992 continued until January 7, 1992. Consent agenda On motion of Council Member Woods, seconded by Council Member Chappell, the consent approved agenda, as amended, was approved. Resignation of The Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that the Reverend W. B. Langham resignations of The Reverend W.B. Langham and Mrs. Martha Singleton from the Fort Worth and Mrs. Martha Human Relations Committee, be accepted with regrets. When the motion was put to a vote by Singleton from the the Mayor, it prevailed unanimously. FW Human Relations Comm. Mayor Pro tempore Webber nominated Mr. Paul Johnson for membership on the Fort Worth Nominated Mr. Paul Human Relations Commission and made a motion, seconded by Council Member Meadows, that Mr. Johnson to the Paul Johnson be appointed to Place 2, replacing The Reverend W.B. Langham on the Fort Worth Fort Borth Human Human Relations Commission, with a term of office expiring October 1, 1992. When the motion Relations Comm. was put to a vote by the Mayor, it prevailed unanimously. Prepare resolution Council Member Puente directed staff to prepare a resolution for the meeting of appointing Mr. Robert January 7, 1992, appointing Mr. Robert I. Fernandez to the Dallas -Fort Worth International I. Fernandez Airport Board. Nominated Ms. Dorothy Council Member Puente nominated Ms. Dorothy Atherton to Place 2 on the City Zoning Atherton to the City Commission and to Place 2 on the Fort Worth Alliance Airport Zoning Commission and made a Zoning Commission and motion, seconded by Council Member Silcox, that Ms. Atherton be appointed the City Zoning the Fort Borth Commission and Fort Worth Alliance Airport Zoning Commission, with terms of office expiring Alliance Airport October 1, 1992. When the motion was put to a vote by the Mayor, it prevailed unanimously. Zoning Comm. Mr. Joe Guerrero re Mr. Joe Guerrero, 1115 West Second Street, appeared before the City Council and spoke Mr. Louis J. Zapata on behalf of the accomplishments of Mr. Louis J. Zapata while serving on the Dallas -Fort Worth International Airport Board. Requested a resolution Mayor Granger requested the presence of Mr. Louis J. Zapata at the City Council for Mr. Louis J. meeting of January 7, 1992, in order to present him with a resolution for his services. Zapata Mr. Louis Zapata re Mr. Louis Zapata appeared and expressed his appreciation to the City Council for expressed his a.ppre- allowing him to represent the City of Fort Worth on the Dallas -Fort Worth International ciation on the City Airport Board and expressed his support to Mr. Fernandez to serve on the board. Council and DFWIAB Council Member Council Member Chappell requested permission of the City Council to abstain from Chappell abstain from voting on the resolution concerning Commuter Rail Service on DFW Railtran System Corridor voting on resolution because of a possible conflict which would involve The T. concerning Commuter Rail Service on DFW Council Member Meadows made a motion, seconded by Council Member Silcox, that Council Railtran System Member Chappell be permitted to abstain from voting on resolution concerning Commuter Rail Corridor Service on DFW Railtran System Corridor. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Meadows introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Puente. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Matson NOT VOTING: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. 1790 II RESOLUTION NO. 1790 CONCERNING COMMUTER RAIL SERVICE ON DFW RAILTRAN SYSTEM CORRIDOR WHEREAS, the City of Fort Worth and the City of Dallas, Texas, municipal corporations (collectively the "Cities"), acquired certain railroad right-of-way connecting the Cities pursuant to the D/FW RAILTRAN Contract dated January 18, 1984; and Minutes of City Council T-3 Page 177 178 Thursday, December 19, 1991 WHEREAS, the original concept for the purchase was the preservation of Resolution No. 1790 this vital link between the two Cities for mass transportation, local freight cont. 11 service, and job creation and retention; and WHEREAS, the Fort Worth Transportation Authority and Dallas Area Rapid Transit have expressed a desire and have started planning efforts to use this corridor for commuter rail service between the two Cities with a link to D/FW International Airport; and WHEREAS, pursuant to Interlocal Cooperation Act, Article 4413 (32c), Texas Revised Civil Statutes, the Cities of Fort Worth and Dallas and Dallas Area Rapid Transit and Fort Worth Transportation Authority, both regional transportation authorities having been created and existing pursuant to Article 1118y, Texas Revised Civil Statutes (referred to collectively as the "Transit Authorities"), may exercise jointly the power to provide governmental services for the public health, safety, and welfare; and WHEREAS, it would be mutually beneficial to the citizens of the Cities of Fort Worth and Dallas to have commuter railroad service operating on the RAILTRAN right-of-way between the Cities and linking D/FW International Airport to relieve traffic congestion and aid in attaining federal air quality standards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. That the Council supports an Interlocal Agreement between the Cities and the Transit Authorities which would establish the conditions under which commuter rail service is provided on the D/FW RAILTRAN System Corridor; and Section 2. That the Council further supports the negotiation of an agreement with freight railroads utilizing the Corridor so as to provide for the acquisition of those operating and dispatch rights necessary to the efficient functioning of commuter rail service while accommodating the needs of freight rail operators and their customers on the Corridor; and Section 3. That the Interlocal Agreement be contingent upon completion of a satisfactory agreement with necessary freight railroads; and Section 4. That an Interlocal Agreement be expeditiously concluded thereafter, with its provisions being consistent with the terms and conditions of the necessary agreements with the freight railroads and drafted so as to realize the maximum public benefit from all users of the Corridor both now and in the future. Introduced a Council Member Puente introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None Resolution No. 1791 ABSENT: Council Member Matson The resolution, as adopted, is as follows: RESOLUTION NO. 1791 RESOLUTION APPOINTING A SUCCESSOR PAYING AGENT/REGISTRAR FOR THE CITY OF FORT WORTH, TEXAS WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1984, SERIES 1984-A, SERIES 1985, SERIES 1986, SERIES 1986A, AND RESOLVING OTHER MATTERS RELATED THERETO WHEREAS, the City of Fort Worth has outstanding the following issues of bonds: City of Fort Worth, Texas Water and Sewer System Revenue Refunding Bonds, Series 1984; City of Fort Worth, Texas Water and Sewer System Revenue Bonds, Series 1984-A; City of Fort Worth, Texas Water and Sewer System Revenue Bonds, Series 1985; City of Fort Worth, Texas Water and Sewer System Revenue Bonds, Series 1986; and City of Fort Worth, Texas Water and Sewer System Revenue Refunding Bonds, Series 1986A (collectively, the "Bonds"); and WHEREAS, Manufacturers Hanover Trust Company, New York, New York ("Manufacturers") is the "Paying Agent/Registrar" for the Bonds; and WHEREAS, in the ordinances authorizing the Bonds, the City reserved the right to replace Manufacturers as Paying Agent/Registrar with a bank or trust company to perform the duties of paying agent and registrar under said ordinances, upon giving not less than 60 days written notice to Manufacturers; and WHEREAS, the City finds it necessary and advisable to replace Manufacturers as Paying Agent/Registrar for the Bonds and to appoint a successor thereto Minutes of City Council T-3 Page 178 179 Thursday, December 19, 1991 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT Resolution No. 1791 WORTH, TEXAS: cont. Section 1. That Manufacturers is hereby relieved of its duties as Paying Agent/Registrar for the Bonds, effective at the close of business on March 2, 1992. Section 2. That the City Manager or the designee thereof is hereby directed to give notice to Manufacturers of the decision of the City to replace Manufacturers as Paying Agent/Registrar for the Bonds, in the manner provided in the ordinances authorizing the Bonds. Section 3. That Ameritrust Texas National Association ("Ameritrust") is hereby named as the successor paying agent and registrar for the Bonds, such appointment to become effective at the start of business on March 3, 1992, and thereafter Ameritrust shall be the "Paying Agent/Registrar" under the ordinances authorizing the Bonds for all purposes. Section 4. That the City Manager of the designee thereof shall take such steps as may be necessary to effect the change in the Paying Agent/Registrar as provided for in this Resolution. Section 5. That this Resolution shall become effective immediately upon its adoption. Mayor Granger Mayor Granger announced that the City Council is requesting citizen's help in a City - announced Citizen's wide project to redraw district lines that will insure City government representation is as help in a City wide balanced as its population and advised citizens that Citizens' Guide for reapportionment for project to redraw the City's eight single member districts are available in the Office of the City Secretary district lines located on the third floor of City Hall. Council Member Puente Council Member Puente reminded citizens that the Code Enforcement Division of the City re Code Enforcement Services Department will be taking calls from citizens in order to have the electrical Division inspectors come out and check the wiring in their homes to reduce the number of fatalities due to fires caused by faulty wiring; and also requested the City Attorney to seek the ordinances that are currently on the statutes in other cities in regard to charitable solicitations. City Attorney Adkins City Attorney Adkins advised the City Council that the City of Fort Worth had a re Charitable Solici- charitable solicitation ordinance in place which was repealed approximately four years ago tation ordinance due to some of the provisions which were considered to be unconstitutional, but that he would furnish the Council with the report and check to see if there is anything else that could be done regarding charitable solicitations. Mr. Tom Davis re Mr. Tom Davis, Director of City Services, appeared before the City Council and advised Code Enforcement Council that the inspectors will look for violations that pose a health or safety hazard Division while checking the wiring, but that they will work with the individuals if other violations are found that do not pose an immediate threat to health or safety. M&C OCS-371 Liability There was presented Mayor and Council Communication No. OCS-371 from the Office of the Bond City Secretary recommending that the City Council authorize acceptance of a Parkway's Contractor Bond issued to Jim Hancock Construction Company, by Ohio Casualty Insurance Company. It was the consensus of the City Council that the recommendation be adopted. M&C OCS-372 Claims There was presented Mayor and Council Communication No. OCS-372 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: James E. Lawson 1. Claimant: James E. Lawson Date Received: December 5, 1991 Date of Incident: October 12, 1991 Attorney: Dushman & Friedman, P.C. (Jack Friedman) Location of Incident: Fort Worth Zoo Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as the result of a fall at the City Zoo. Jackie Lee Redwine, RN 2. Claimant: Jackie Lee Redwine, RN Date Received: December 6, 1991 Date of Incident: October 18, 1991 Location of Incident: E. Berry (Car Wash) Estimate of Damages/ Injuries: $212.94 Nature of Incident: Claimant is seeking reimbursement of charges when vehicle was impounded as the result of alleged negligence by Police. (Case #915-6406A) Pam Williams 3. Claimant: Pam Williams Date Received: December 10, 1991 Date of Incident: September 6, 1991 Attorney: Joe W. Byrd Location of Incident: Intersection of 750 Beach Street & 4100 Gateway Park Drive, Fort Worth, Tarrant County, Texas Estimate of Damages/ Injuries: Undeclared Minutes of City Council T-3 Page 179 Thursday, December 19, 1991 Pam Williams claim Nature of Incident: Claimant alleges damages and injuries sustained as cont. the result of an accident involving an unknown driver. Aurelio Carrillo 4. Claimant: Aurelio Carrillo Date Received: December 9, 1991 Date of Incident: Undeclared Location of Incident: Undeclared Estimate of Damages/ Injuries: $3,000.00 or the car Nature of Incident: Claimant alleges lost of automobile as a result of purchasing vehicle at a Police Auto Pound auction that was subsequently reclaimed by the Police. Rene Day Fife 5. Claimant: Rene Day Fife Date Received: December 10, 1991 Date of Incident: November 6, 1991 Location of Incident: Birchman Street Estimate of Damages/ Injuries: $1,494.20 - $1,941.72 Nature of Incident: Claimant alleges damages to vehicle as a result of a collision with a City -owned street grater. M&C OCS-372 adopted It was the consensus of the City Council that the recommendation be adopted. Benefit Hearing It appearing to the City Council that the City Council on December 3, 1991, continued BH -0075 the benefit hearing for the assessment paving of Grove Street from Long Avenue to 38th Street from day to day and time to time and especially to the meeting of December 19, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re Mrs. Martha Lunday, representing the Department of Transportation and Public Works, BH -0075 appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as the result of the proposed construction, each case of the abutting property is especially benefitted in enhanced value in excess of the amount assessed for improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0075, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT, PAVING OF GROVE STREET FROM LONG AVENUE TO 38TH STREET (PROJECT NO. 30-025270) 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 Grove Street from Long Avenue to 38th Street. DISCUSSION: Grove Street was included in the 1982 Capital Improvement Program. The project has been delayed due to right-of-way issues related to encroaching concrete structures, location of several driveway approaches, and the securing of outfall drainage facilities. Grove Street is located within the Diamond Hill Target Area, however, CDBG funds are not available for this project. Grove Street, in this area, is industrial/commercial in both zoning and actual use. Proposed assessment rates have been calculated according to the City Assessment Policy. Grove Street will be constructed with appropriate concrete pavement for an industrial street. Concrete driveways and sidewalks will be built where shown on the plans. On October 15, 1991 (M&C G-9342), the City Council established November 19, 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 $239,599.85 ( 31%) City's share of cost $533,412.23 ( 69%) Total cost $773,012.08 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council DISTRICT 2. Mr. Donnis Hatchett Mr. Donnis Hatchett, representing 19 owners out of the Grove Street area, 3151 Grover, re BH -0075 appeared before the City Council and called attention of the City Council to errors that were found in the appraisal report and presented to Council a report refuting the City's claim of enhanced value to the property in the effected area but advised Council that Minutes of City Council T-3 Page 180 181 Thursday, December 19, 1991 Mr. Donnis hatchett without the street, the property will decline and stated that, in his opinion, with this re BM -0075 cant. street, the property can be marketable. Council Member Silcox re permission to ab- Council Member Silcox requested permission of the City Council to abstain from votin g stain from voting on this item because of deposits, accounts, and contracts with Overton Park Bank. on BH -0075 Council Member Meadows made a motion, seconded by Council Member Woods, that Council Member Silcox be permitted to abstain from voting on Mayor and Council Communication No. BH -0075. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Robert Martin re BH -0075 Mr. Robert Martin, Appraiser, appeared before the City Council and advised the City Council that the street improvements would aid in the development of the area and that he stands by his report and that he found no comparables in his report. Mayor Pro tempore re permission Mayor Pro tempore Webber requested permission of the City Council to abstain fromWebber to abstain from voting voting on Mayor and Council Communication No. BH -0075 involving a relationship with a family on BH -0075 member at Overton Park National Bank. Council Member Meadows made a motion, seconded by Council Member Puente, that Mayor Pro tempore Webber be permitted to abstain from voting on Mayor and Council Communication No. BH -0075. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Webber execused her- At this time, Mayor Pro tempore Webber excused herself from the Council Chamber. self from the Council Chamber Mr. Gary Santerre, Director of Transportation and Public Works Department, appeared Mr. Gary Santerre re before the City Council and explained the variations of cost and advised Council that 30 BH -0075 percent of the assessment is $10,000.00 and the rest will be borne by the City at half the cost for driveways, sidewalks, and streets and 40 percent or,20 percent capacity whichever lis the lowest number. Council Member Chappell disclosed that he has an account with Central Bank. Council Member Puente disclosed that he has an account with North Fort Worth Bank. There being no one else present desiring to be heard in connection with the assessment paving of Grove Street from Long Avenue to 38th Street, Council Member Puente made a motion, seconded by Council Member Chappell, that an ordinance be adopted closing the hearing and levying assessments as recommended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson NOT VOTING: Mayor Pro tempore Webber and Council Member Silcox Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted. Ordinance p The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson NOT VOTING: Mayor Pro tempore Webber and Council Member Silcox The ordinance, as adopted, is as follows: Ordinance No. 10976 ORDINANCE NO. 10976 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF GROVE STREET FROM LONG AVENUE TO 38TH STREET AND PORTIONS OF SUNDRY.OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH,�TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that the City Council on November 19, 1991, set today BH -0076 as the date for a benefit hearing for the assessment paving of Truman Drive from Stalcup Road to Flemmings Drive and that notice of the hearing has been published in the Fort Worth Star --Telegram, the official newspaper of the City of Fort Worth, Texas, in accordance with �cTe-11055-, Vernon's Annotated Civil Statutes, Mayor Granger asked if there was anyone present desiring to be heard. Minutes of City Council T-3 Page 181 182 Thursday, December 19, 1991 rs. Martna Lunaay re Mrs. Martha Lunday, representing the Department of Transportation and Public Works, H-0076 appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as the result of the proposed construction, each case of the abutting property is especially benefitted in enhanced value in excess of the amount assessed for improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0076, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF TRUMAN DRIVE FROM STALCUP ROAD TO FLEMMINGS DRIVE (PROJECT NO. 67-040134) 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 Truman Drive from Stalcup Road to Flemmings Drive. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Truman Drive from Stalcup Road to Flemmings Drive. The street has previously been constructed to City standards. Although the street is not located in a target area, it is in a qualified service area and Community Development Block Grant (CDBG) funds will provide a portion of the construction cost. One- and two-family residences are not assessed. Truman Drive will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On November 19, 1991 (M&C G-9389), the City Council established December 19, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 23,040.58 ( 5%) City's share of cost $411,787.42 ( 95%) Total cost $434,828.00 (100%) It is staff's recommendation that the 200 feet maximum limitation not be applied to the properties owned by Western Bank and Trust and that the full 252 feet of Lots 7R through 11R, Block 19, Rosedale Park Addition, be granted the reduction to forty (40) percent of the TAD value of the property. This project is in Council DISTRICT 5. There being no one else present desiring to be heard in connection with the assessment paving of Truman Drive from Stalcup Road to Flemmings Drive, Council Member McCray made a motion, seconded by Council Member Silcox, that an ordinance be adopted closing the hearing and levying assessments as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber Council Member Matson The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 182 183 Thursday, December 19, 1991 Ordinance No. 10977 II ORDINANCE NO. 10977 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF TRUMAN DRIVE FROM STALCUP ROAD TO FLEMMINGS DRIVE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, -RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. MAC G-9403 was with- It was the consensus of the City Council that consideration of Mayor and Council drawn Communication No. G-9403, Recommendation to Reject Texas Air Control Contract and to appropriate state Discontinue Local Air Quality Program, be withdrawn from the agenda. MAC G-9416 cont. until Council Member Chappell made a motion, seconded by Council Member Silcox, that after executive consideration of Mayor and Council Communication No. G-9416, Lawsuit Settlement -Gina Peabody session v. City of Fort Worth and Arnold Delgado, Jr.; Civil Action No. Ca -4-89-404-E, be continued until after executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9419 was with- It was the consensus of the City Council that consideration of Mayor and Council drawn Communication No. G-9419, Adoption of City of Fort Worth Aviation Department Minimum MAC G-9426 re Standards for Fixed Base Operators and other Airport Tenants, be withdrawn from the agenda. MAC G-9424 re City Council permit the Fort Worth Symphony Orchestra Association to present a series of disposal of public There was presented Mayor and Council Communication No. G-9424 from the City Manager records in the Fiscal recommending that the City Council approve the disposal of public records in the Fiscal Services Department Services Department; that approval was granted by the State Librarian to dispose of the "Batch Proof" reports, dated July 25, 1990, through June 19, 1991. It was the consensus of the City Council that the recommendation be adopted. MAC G-9425 re There was presented Mayor and Council Communication No. G-9425 from the City Manager amend existing permits requesting City Manager to apply to the State of Texas, Texas Water Commission, to amend to appropriate state existing permits to appropriate state water; that these permits must be amended periodically water for the purpose of extending their expiration dates; stating that the Director of Fiscal Services certifies that funds required for the permit application fees are available in the current operating budget, as appropriated, of the Municipal Golf Course Fund; and recommending that the City Manager apply to the State of Texas, Texas Water Commission, to amend existing permits to appropriate state water for the purpose of extending the terms of the permits by which the City irrigates its golf courses. It was the consensus of the City Council that the recommendation be adopted. MAC G-9426 re There was presented Mayor and Council Communication No. G-9426 recommending that the Fort Worth Symphony City Council permit the Fort Worth Symphony Orchestra Association to present a series of Orchestra Association concerts from June 18 through July 4, 1992, allowing the Association to charge admission fees to the concerts; that the Park and Recreation Department be co-sponsors along with the Botanical Society and that all fees be waived for use of the festival equipment and of the site; and that the Fort Worth Symphony Orchestra Association must pay the City ten percent of gross admission fees greater than the Association's breakeven revenue. It was the consensus of the City Council that the recommendation be adopted. MAC G-9427 cont. until It was the consensus of the City Council that Mayor and Council Communication January 7, 1992 No. G-9427, Botanic Garden Master Plan, be continued until January 7, 1992. M&C G-9428 re There was presented Mayor and Council Communication No. G-9428 from the City Manager settlement of claim stating that Michael Delvechio filed a claim for personal injuries he allegedly sustained filed by Michael Del- on April 28, 1991, at 5400 Camp Bowie as a result of a collision with a City vehicle; that, vechio while admitting no liability in this matter, the Risk Management Department has negotiated with Mr. Delvechio through his attorney and has agreed to a settlement of $7,500.00 subject to City Council approval; that the Director of Fiscal Services certifies that funds for the expenditure are available in the current budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve the settlement of claim filed by Michael Delvechio and authorize the City Manager to expend the sum of $7,500.00 for the settlement agreed to by Mr. Michael Delvechio, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. MAC G-9429 re There was presented Mayor and Council Communication No. G-9429 from the City Manager settlement of claim stating that Fred Graham as Parent and Legal Guardian of Frank Graham filed a claim for filed by Fred Graham personal injuries Frank allegedly sustained on April 28, 1991, at 5400 Camp Bowie as a result of the vehicle in which he was riding was struck by a City vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Mr. Graham through his attorney and has agreed to a settlement of $6,500.00 subject to City Council approval; that the Director of Fiscal Services certifies that funds for this expenditure are available in the current budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve the settlement of the claim filed by Fred Graham as Parent and Legal Guardian of Frank Graham, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-9430 re There was presented Mayor and Council Communication No. G-9430 from the City Manager amending the Water and stating that front foot charges are used to reimburse developers for the cost of approach Sanitary Sewer in- mains which they installed; that extension charges are calculated in order to determine the stallation policy front foot charge; that extension charges are the average contract cost per linear foot of six and eight inch off-site and on-site water and sanitary sewer facilities; and that the Minutes of City Council T-3 Page 183 it Thursday, December 19, 1991 M&C G-9430 cont. period of December 1, 1990, through November 30, 1991, is used to calculate the proposed charges; and recommending that the City Council adopt an ordinance establishing front foot charges for water and sanitary sewer connections to be effective January 1, 1992, amending Section 35-58 of Chapter 35 of the Fort Worth City Code decreasing front foot charges for water service connection from $10.20 per front foot to $9.95 per front foot and increasing front foot charges for sanitary sewer service connections from $11.20 per front foot to $11.45 per front foot; that water and sanitary sewer installation policy be amended to incorporate these front foot charges, such charges to become effective January 1, 1992; and shall apply to all developer projects on which bids are opened and extensions which are authorized between January 1, 1992, and June 30, 1992. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Woods, 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: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10978 11 ORDINANCE NO. 10978 AN ORDINANCE AMENDING SECTION 35-58, OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN WATER CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCE; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-9431 re There was presented Mayor and Council Communication No. G-9431 from the City Manager Southwestern Exposi- stating that each year the Southwestern Exposition and Livestock Show requests the temporary tion and Livestock closing of the 3200, 3300, and 3400 blocks of Crestline Road; that the Southwestern Show Exposition and Livestock Show will provide barricades and liability insurance; and recommending that the City Council approve the request of the Southwestern Exposition and Livestock Show to temporarily close Crestline Road from Harley to Gendy from Monday, January 13, 1992, through Monday, February 3, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C G-9432 re work authorization There was presented Mayor and Council Communication No. G-9432 from the City Manager for Arizona Avenue, recommending work authorization in accordance with for replacement of Sanitary Sewer L-352 from Allen Avenue to by City crews, located in Arizona Avenue, from Allen Avenue to Morphy Street, for a total Morphy Street estimated project cost of $57,377.36. It was the consensus of the City Council that the recommendation be adopted. M&C G-9433 re There was presented Mayor and Council Communication No. G-9433 from the City Manager improvements to stating that Stella Street was not included in the original 1986 Bond Program but was added Stella Street from with the approval of the District Council Member to be financed from District 8 undesignated E. Vickery Blvd. to funds; that Stella Street from E. Vickery Boulevard to S. Riverside Drive is in the Near S. Riverside Drive Southeast Target Area and has never previously been constructed to City standards; that Community Development Block Grant funds will provide a portion of the construction cost; and that one- and two-family residences are not assessed; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Stella Street from E. Vickery Boulevard to S. Riverside Drive, and 2. Authorize the assessment of a portion of the cost of the improvements to Stella Street against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish January 21, 1992, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. G-9433 adopted Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9434 re There was presented Mayor and Council Communication No. G-9434 stating that the Fort donation from Fort Worth Garden Club, Inc., has proposed to donate to the City of Fort Worth a storage building Worth Garden Club, and a retaining wall at Botanic Garden Center and Conservatory; that under City Secretary Inc. Contract No. 14151 authorized by the City Council on September 25, 1984, the Fort Worth Garden Club may contribute gifts of new construction at Botanic Garden with the City's prior approval; that the Garden Club provides public liability insurance and indemnifies the City of Fort Worth from liability; that title to all improvements will vest in the City upon completion of the project and acceptance by the City Manager; and recommending that the City Council accept from the Fort Worth Garden Club, Inc., the donation of a storage building and Minutes of City Council T-3 Page 184 Thursday, December 19, 1991 M&C G-9434 cont. a retaining wall with an estimated value of $60,000.00. On motion of Council Member Woods, seconded by Council Member Meadows, the recommendation was adopted. M&C G-9435 re There was presented Mayor and Council Communication No. G-9435 from the City Manager donation from Fort stating that the Fort Worth Botanical Society has offered to donate to the City of Fort Worth Botanical Worth the renovation of a portion of the Rock Springs Building at the Botanic Gardens at an Society, Inc. estimated value of $154,000.00; that the purpose of the renovation is to convert a portion of the Rock Springs Building into a public restaurant; under existing City Secretary Contracts Nos. 12331 and 12332 authorized by the City Council on March 22, 1982, the Fort Worth Botanical Society operates gift shops at the Botanic Garden, and may sell merchandise and services approved by the Park and Recreation Director in the Garden at locations, times and prices approved by the Director; that the City reserves the right to terminate or modify any concession operation there at any time; that all profits are used for operating or improving the Botanic Garden; that the Botanical Society may also contribute new construction to the City at the Botanic Garden with the City's prior approval; that the Botanical Society provides public liability insurance and indemnifies the City of Fort Worth from liability; that title to the improvements will vest in the City upon completion of the project and acceptance by the City Manager; and recommending that the City Council accept from the Fort Worth Botanical Society, Inc., the donation of the renovation of a part of the Springs Building at the Botanic Garden for the purpose of converting a portion of the building to a public restaurant at an estimated value of $154,000.00. On motion of Council ,Rock Member Chappell, seconded by Council Member Woods, the recommendation was adopted. M&C G-9436 re There was presented Mayor and Council Communication No. G-9436 from the City Manager donation from Fort stating that the Fort Worth Botanical Society has offered to donate to the City of Fort Worth Botanical Worth materials and building supplies for the renovation of the Japanese Garden Meditation Society, Inc. Garden Building located at the Botanic Garden; that the 20 year old Meditation Garden structure needs to be rebuilt, according to the City of Fort Worth Department of Public Works Building Maintenance Section, because of extensive structural deterioration; that City forces will complete the work using materials purchased by the Fort Worth Botanic Society; and recommending that the City Council accept from the Fort Worth Botanical Society, Inc., the contribution of materials valued at approximately $26,000.00 for the purpose of rebuilding the Meditation Garden structure in the Japanese Garden of the Botanic Garden. Council Member Woods, made a motion, seconded by Council Member Chappell, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. MAC G-9437 re There was presented Mayor and Council Communication No. G-9437 from the City Manager contribution from stating that the trustees of the Anne Burnett and Charles Tandy Foundation have authorized Anne Burnett and a contribution to the City of Fort Worth for maintenance of Burnett Park to include total Charles Tandy Founda- estimated direct cost of Burnett Park operation, maintenance, and seasonal color planting tion for a one-year period; and recommending that the City Council accept a contribution from the Anne Burnett and Charles Tandy Foundation in the amount of $122,500.00 to pay the City for the direct costs of the Burnett Park operation, maintenance, and seasonal color planting for a period of one year and adopt a supplemental appropriations ordinance increasing estimated receipts and appropriations by $122,500.00 in the Special Trust Fund from increased revenues. On motion of Council Member Woods, seconded by Council Member Chappell, the recommendation was adopted. Introduced an Council Member Woods 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: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10979 11 ORDINANCE NO. 10979 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $122,500.00 FOR THE PURPOSE OF ACCEPTING A CONTRIBUTION FOR THE DIRECT COST OF BURNETT PARK OPERATION, MAINTENANCE, AND SEASONAL COLOR PLANTINGS; 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-9438 re There was presented Mayor and Council Communication No. G-9438 from the City Manager, Historice Northside as follows• Targeted Area Plan adopted Minutes of City Council T-3 Page 185 Thursday, December 19, 1991 MAC G-9438 cont. SUBJECT: HISTORIC NORTHSIDE TARGETED AREA PLAN RECOMMENDATION: It is recommended that the City Council adopt the Historic Northside Targeted Area Plan (TAP) as a part of the City of Fort Worth Comprehensive Plan. DISCUSSION: The Historic Northside Targeted Area Plan was completed under the Targeted Area Planning Program, a self-help program, whereby neighborhood groups work with City staff to develop neighborhood -initiated plans. Targeted Area Plan applications were actively solicited during the summer of 1990. The selection was based on several criteria including neighborhood support of the project and the willingness to be involved, number and complexity of problems, mixture of land uses and size of the proposed TAP area. A Historic Northside Art Competition and Exhibit among high school students in the Historic Northside on "My Dream Neighborhood" was sponsored by the three TAP committees in April 1991. The winners were students from: First Prize: Tarrant County Junior College Youth Opportunities Learning Center (TCJC YOLC); Second Prize: Northside High School, and Third Prize: Tarrant County Junior College Youth Opportunities Learning Center (TCJC YOLC). The students' art pieces are future in this plan. Proposed Goal and Action Plan: under the TAP process, the goals were developed by three committees: Economic Development, Land Use and Public Safety, and Historic Preservation. In summary, the goals of the Historic Northside TAP are as follows: Encourage new businesses to locate in the area through economic endeavors. Improve public safety. Increase awareness of historical significance of the area. Actions to achieve these goals are focused on the 1300, 1400, 1500 and 2000 blocks of North Main and the Circle Park/Park Street areas. LAND USE: The plan should maintain, protect and enhance this historic, predominantly commercial area. Infill opportunities and expansion of existing structures should be compatible with adjacent development. PUBLIC SAFETY: Work together with appropriate City departments and other sectors in the community to improve public safety in the area. ECONOMIC DEVELOPMENT: To create a business area that is safe for the neighborhood and (eliminate crime), reflects the multi-ethnic culture of the area; use religious and social activities as an important part of the area and use the history and heritage of the area. HISTORIC PRESERVATION: The original function and historical character for this area should be revived so that the concept of commercial/neighborhood support will be encouraged to thrive in partnership. PUBLIC PARTICIPATION: A draft plan was prepared based on the neighborhood residents and commercial business needs and priorities. Several meetings were held in which comments were heard and incorporated into the final plan. A workshop and public hearing were held on the Historic Northside TAP by the City Plan Commission requested that the staff change the industrial zoning to commercial zoning as shown in the Land Use Plan on page 4. The City Plan Commission recommended approval of the Historic Northside Targeted Area Plan on a vote of 4-2. Upon the City Council approval of the Historic Northside Targeted Area Plan, a final report will be published and distributed in the community. Mr. Bruce McClendon Mr. Bruce McClendon, Director of Planning and Growth Management Department, appeared re MAC G-9438 before the City Council representing the North Side Targeted Area Plan and introduced two Committee Members, Ms. Betty Ward and Ms. Aliene Pokluda. Ms. M&C Betty Ward re G-9438 Ms. Betty Ward, 2105 Market, appeared before the City Council and advised Council that they had a contest between the high schools and showed the award winning picture to the City Council in support of the Historic North Side Targeted Area Plan. Ms. MAC Aliene Pokluda re G-9438 Ms. Aliene Pokluda appeared before the City Council and requested that the City Council give favorable consideration to the approval of the Historic North Side Targeted Area Plan. Council Member Puente made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-9438, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9439 re There was presented Mayor and Council Communication No. G-9439 from the Cit Manager reuse of Carswell y 9 Air Force Base stating that the cities of Westworth Village, White Settlement, and Fort Worth have entered into an Inter -Local Agreement to develop and implement a reuse plan for Carswell Air Force Base; that the FAA has indicated there is a possibility that grant funds may be available for a master plan; that the FAA grant would require a ten percent local match; that City staff has been informed that the Office of Economic Adjustment Grant Funds could be used for Minutes of City Council T-3 Page 186 187 Thursday, December 19, 1991 G-9439 cont. the local match required by an FAA grant; that, at this time, the amount of the grant is not known, but the grant amount is estimated to be approximately $500,000.00; and recommending that the City Council authorize the City Manager to submit an application to the Federal Aviation Administration for grant funds to develop a master plan for the reuse of Carswell Air Force Base. On motion of Council Member Chappell, seconded by Council Member Puente, the recommendation was adopted. C G-9440 re There was presented Mayor and Council Communication No. G-9440 from the City Manager le of Bonds for stating that Capital Improvement projects of the City of Fort Worth are funded with proceeds reet improvements from the competitive sale of bonds in the open market to investors throughout the country; that the proposed sale of General Purpose Bonds Series 1992 is structured to provide funds expected to be obligated or expended for approximately 12 months; that the sale is tentatively scheduled for early January and will be held on a competitive bid basis; that the firm of McCall, Parkhurst & Horton will be engaged as bond counsel per City Secretary Contract No. 18475 (M&C C-12784) and the First Southwest Company will act as financial adviser in accordance with City Secretary Contract No. 18407 (M&C C-12783); and recommending that the City Council authorize the sale of $13,185,000.00 General Purpose Bonds for Street Improvements. On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was adopted. M&C G-9441 re There was presented Mayor and Council Communication No. G-9441 from the City Manager Water and Wastewater as follows: Supplemental Appropria- tion SUBJECT: WATER AND WASTEWATER SUPPLEMENTAL APPROPRIATION RECOMMENDATION: It is recommended that the City Council adopt the attached Supplemental Appropriation Ordinance increasing the Water and Wastewater appropriation by $2,645,045 and decreasing the Unreserved, Undesignated Water and Wastewater Fund Balance by the same amount. DISCUSSION: The following adjustments are required to correct the 1991-92 budgeted appropriation for the Water and Wastewater Department: 1. The Water and Wastewater Department was informed that, as of October 1, 1991, raw water purchase costs from the Tarrant County Water Control and Improvement District were increased for both in -district and out -of - district rates to a total monthly payment of $2,315,455 instead of the $2,123,441 budgeted. Funds for this increase were not included in the FY 1992 budget since information was not received in time to incorporate the increase into the adopted budget. Therefore, funding of the increased cost for raw water is recommended at $2,304,162, and 2. The City contracts with the Trinity River Authority for use of the Denton Creek treatment plant and for the annual debt service associated with the plant and interceptor revenue bonds. Operation charges are based on actual flows through the plant. In the FY 92 budget, $1,537,530 was allocated to cover payment to the Trinity River Authority. Recent information from the Trinity River Authority has projected costs for debt service and operations for the Denton Creek Wastewater Plant at $245,111 over budgeted amounts, and 3. In preparing the FY 92 budget, bond funded salaries were not adjusted for five positions that were deleted in the budget process. Therefore, an adjustment of $95,772 is required in the Engineering Inspection Division. By reducing the bond salary deductions, the net effect is to increase money available for salaries. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the Supplemental Appropriation Ordinance, funds required for these expenditures will be available in the Water and Wastewater Operating Fund. The unaudited, undesignated fund balance will be $242,704,270 after adoption of the Supplemental Appropriation. M&C G-9441 adopted On motion of Council Member Meadows, seconded by Council Member Chappell, the recommendation was adopted. Introduced an Ordinance Council Member Meadows introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 187 M 0 0 Thursday, December 19, 1991 Ordinance No. 10980 II ORDINANCE NO. 10980 AN ORDINANCE APPROPRIATING $2,645,045 TO THE WATER AND WASTEWATER FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF CORRECTING THE 1991-92 BUDGETED APPROPRIATION FOR THE WATER AND WASTEWATER DEPARTMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF 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-9442 re There was presented Mayor and Council Communication No. G-9442 from the City Manager increasing appropria- stating the City's annual operating budget is formally enacted into law by passage of an tions in General Fund appropriations ordinance which establishes spending limits for each departmental operation of the City; that the City uses encumbrance accounting to ensure the appropriations are not exceeded and funds are encumbered (charged against the budget) whenever the City enters into a purchase order or service contract; that as annual appropriations expire on September 30 of each year, the amounts encumbered on that date "roll-over" to the new Fiscal Year to become encumbrances against the new budget; and recommending that the City Council adopt a supplemental appropriations ordinance increasing appropriations by the indicated amounts in the following funds: 1. General Fund by $396,598.00 and decreasing the Unreserved, Undesignated Fund Balance by the same amount, and 2. Water and Sewer Operating Fund by $5,756,768.00 and decreasing the Unreserved Retained Earnings by the same amount, and 3. Communication Fund by $35,359.00 and decreasing the Unreserved, Retained Earnings by the same amount, and 4. Insurance Fund by $112,260.00 and decreasing the Unreserved, Undesignated Fund Balance by the same amount. M&C G-9442 aodpted On motion of Council Member Chappell, seconded by Council Member Silcox, the recommendations were adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10981 ORDINANCE NO. 10981 AN ORDINANCE INCREASING THE ITEMIZED ESTIMATE OF THE EXPENSE OF CONDUCTING EACH DEPARTMENT, DIVISION AND OFFICE OF THE MUNICIPAL GOVERNMENT OF THE CITY OF FORT WORTH FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992 AND APPROPRIATING MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH INCREASED ESTIMATE; 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-9443 re There was presented Mayor and Council Communication No. G-9443 from the City Manager increasing appropria- stating that, at the end of the 1990-91 fiscal year, various department heads requested that tions in General Fund unexpended appropriations in the 1990-91 be approved for appropriation in the 1991-92 fiscal year; that each of these items was reviewed individually by the Fiscal Services Department and the City Manager's Office; and recommending that the City Council adopt a supplemental appropriations ordinance increasing appropriations in the General Fund by $94,897.00 and decreasing the Unreserved, Undesignated Fund Balance of the General Fund by the same amount. Council Member Chappell made a motion, seconded by Council Member Silcox, that the Minutes of City Council T-3 Page 188 • • F -Re -in Thursday, December 19, 1991 M&C G-9443 cont. and recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed adopted unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption lof said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10982 1 ORDINANCE NO. 10982 AN ORDINANCE INCREASING THE ITEMIZED ESTIMATE OF THE EXPENSE OF CONDUCTING EACH DEPARTMENT, DIVISION AND OFFICE OF THE MUNICIPAL GOVERNMENT OF THE CITY OF FORT WORTH FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992 AND APPROPRIATING MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH INCREASED ESTIMATE; 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. AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The resolution, as adopted, is as follows: Resolution No. 1792 1 RESOLUTION NO. 1792 RESOLUTION APPROVING THE FINANCING BY THE MESQUITE HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF FORT WORTH, TEXAS WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"), authorizes and empowers Mesquite Health Facilities Development Corporation (the "Issuer") to issue revenue bonds on behalf of the City of Mesquite, Texas (the "Issuing Unit"), to finance and refinance the costs of certain health facilities found by the Board of Directors of the Issuer to be required, necessary or convenient for health care, research and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Section 221.030 of the Act provides that the Issuer may provide for the financing of one or more health facilities located outside the limits of the Issuing Unit with the consent of every other city, county or hospital district within which such health facility is or is to be located; and WHEREAS, Christian Care Centers, Inc. (the "User") proposes to obtain financing from the Issuer from a portion of the proceeds of the Issuer's bonds Minutes of City Council T-3 Page 189 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-9444 re There was presented Mayor and Council Communication No. G-9444 from the City Manager Christian Care stating that Christian Care Centers, Inc., owns and operates a health care facility Centers, Inc. consisting of a 157 -unit retirement center and 36 -bed medical center and located in the City of Fort Worth at 5100 Randol Mill Road (Council District No. 4); that Christian Care Centers is seeking to refinance this project with bonds to be issued by the Mesquite Health Facilities Development Corporation; that the Texas Health Facilities Development Act requires that for any health facilities development corporation to finance facilities outside of its own boundaries, the issuer must obtain the consent of each city, county or hospital district within which such facilities are located; and recommending that the City Council adopt a'resolution approving the financing by the Mesquite Health Facilities Development Corporation of the health facility located at 5100 Randol Mill Road in Fort Worth. On motion of Council Member Puente, seconded by Council Member McCray, the recommendation was adopted. Introduced a Council Member Puente introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member McCray. The motion,carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber and Council Member Matson The resolution, as adopted, is as follows: Resolution No. 1792 1 RESOLUTION NO. 1792 RESOLUTION APPROVING THE FINANCING BY THE MESQUITE HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF FORT WORTH, TEXAS WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"), authorizes and empowers Mesquite Health Facilities Development Corporation (the "Issuer") to issue revenue bonds on behalf of the City of Mesquite, Texas (the "Issuing Unit"), to finance and refinance the costs of certain health facilities found by the Board of Directors of the Issuer to be required, necessary or convenient for health care, research and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Section 221.030 of the Act provides that the Issuer may provide for the financing of one or more health facilities located outside the limits of the Issuing Unit with the consent of every other city, county or hospital district within which such health facility is or is to be located; and WHEREAS, Christian Care Centers, Inc. (the "User") proposes to obtain financing from the Issuer from a portion of the proceeds of the Issuer's bonds Minutes of City Council T-3 Page 189 190 Thursday, December 19, 1991 esolution No. 1792II issued pursuant to the Act for the costs of the health facility described in ont. Exhibit A hereto (the "Project"); and WHEREAS, the Project is or is to be located within the City of Fort Worth (the "City") and outside the limits of the Issuing Unit; THAT: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FORT WORTH, TEXAS Section 1. The City hereby consents to the financing by the Issuer of the Project as required by Section 221.030 of the Act and approves the financing as required by Section 147(f) of the Internal Revenue Code of 1986; provided that the City shall have no liability in connection with the financing of the Project and shall not be required to take any further action with respect thereto. M&C P-5372 re Section 2. This Resolution shall take effect immediately form and after cont. for three weeks its adoption and it is accordingly so ordered. M&C P-5369 re There was presented Mayor and Council Communication No. P-5369 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide purchase and with Armstrong White installation of carpet for the City of Fort Worth; stating that the Director of Fiscal floors, Color Tile Services certifies that funds required for this expenditure are available in the current (Alternate), and operating budget, as appropriated, of the General Fund; and that jobs requested other than Superior Carpet Corp. those identified will be charged back to the appropriate department; and recommending that Mr. Steve Goudge re M&C P-5372 the City Council authorize a purchase agreement on a low -bid -item basis of unit prices, net f.o.b., Fort Worth, with Armstrong White Floors, Color Tile (alternate), and Superior Carpet Corporation, with the terms of agreement to begin November 26, 1991, and end November 25, Mr. Rice Tilley re M&C P-5372 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5370 was It was the consensus of the City Council that consideration of Mayor and Council withdrawn Communication No. P-5370, Exercise the Last Option for Renewal of the Purchase Agreement for Machine Shop Services with Landers Industrial Services, Inc., for All City Departments, be withdrawn from the agenda. M&C P-5371 re There was presented Mayor and Council Communication No. P-5371 from the City Manager purchase agreement submitting a tabulation of bids received for the annual purchase agreement to supply stock with Western Paper paper and envelopes for the Reprographics Division; stating that the Director of Fiscal Company Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the current operating budget, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and Mayor Pro tempore recommending that the City Council authorize the purchase agreement with Western Paper Webber assumed her Company on an overall bid basis, with term of agreement to begin November 19, 1991, and end chair November 18, 1992, with one option to renew for one year. It was the consensus of the City Mr. Mike Miller re Council that the recommendation be adopted. M&C P-5372 re There was presented Mayor and Council Communication No. P-5372 from the City Manager cont. for three weeks submitting a tabulation of bids received for an annual agreement to supply office products for the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds required for the contract will be provided in the department budgets for 1991-92 fiscal year; and recommending that the City Council authorize the annual agreement with Boise Cascade Office Products for the furnishing of office products on its low bid of 53 percent off general line catalog prices, with term of agreement to begin November 14, 1991, and end November 13, 1992, with two one-year renewal options. Mr. Steve Goudge re M&C P-5372 Mr. Steve Goudge, representing Boise Cascade Office Products, appeared before the City Council and advised the City Council that he is available for questioning regarding the office supply contract with the City of Fort Worth. Mr. Rice Tilley re M&C P-5372 Mr. Rice Tilley, 3200 TeamBank Building, representing Miller Business Systems, appeared before the City Council and advised the City Council that the Miller Business Systems was also one of the companies displaced by the I-30 Interchange and advised the City Council that they were the successful bidder a year ago on this project, and that Miller Business has held the contract for the past five years; advised the Council that the competitor alleges that Miller Company was not in compliance since they added four additional locations in order to pick supplies up rather than one location as stated in the original contract; and advised the Council that Boise Cascade did not meet the shrink- wrapped requirement and stated that, in all fairness, the contract should either be awarded to Miller Business Systems or should be rebid in order to insure that the City of Fort Worth is provided the office products at the lowest cost. Mayor Pro tempore Webber assumed her At this time Mayor Pro tempore Webber assumed her chair at the Council table. chair Mr. Mike Miller re Mr. Mike Miller, President of Miller Business Systems, 1401 Henderson, appeared before M&C P-5372 the City Council and explained the discount level that is being offered to the City of Fort Worth by Miller Business Systems and advised Council that Boise Cascade can not meet the packaging requirement and requested that the contract be awarded to Miller Business Systems or that the contract be rebid with an additional change in the specifications that each company offer a general line catalog containing at least 15,000 items or more. Mr. Judson Bailiff re M&C P-5372 Mr. Judson Bailiff, Director of Fiscal Services Department, appeared before the City Council and advised the City Council that some of the issues brought forth in Mr. Tilley's letter are unfounded and advised Council that the discount of Miller Business Systems averaged around 30 to 40 percent rather than up to the 55 percent that was previously quoted to the City by Miller Business Systems; advised Council that a change in the budgetary process did call for the decentralization of the distributing process of the office supplies; and advised Council that Miller's catalog is thicker than the catalog provided by Boise Cascade, but stated that it is believed that Boise Cascade provides the higher volume Minutes of City Council T-3 Page 190 191 Thursday, December 19, 1991 . Judson Bailiff re items at the 53 percent discount and, even using the blended average, Boise Cascade is the C P-5372 cont. lowest bidder. Ben Allen re Mr. Ben Allen, Director of the Purchasing Division, appeared before the City Council C P-5372 and advised Council that they used selected items (heavy in volume) and received a price from the companies and applied the discounts in order to determine who actually was the lowest bidder, and advised Council that Miller Business Systems did have some items with the higher discount, but that the discount that Boise Cascade offered was on the higher volume purchases that the City of Fort Worth makes. . Mike Miller re Mr. Mike Miller, founder of the Miller Business Systems, appeared before the City C P-5372 Council and advised Council that the January and a portion of the February report was not evaluated and advised Council that perhaps the shrink- wrapped issue was perhaps in order to secure the order, since there was no way of placing the plastic back on the box or tray once opened. Council Member Woods made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. P-5372 be continued for three weeks. C P-5374 re There was presented Mayor and Council Communication No. P-5374 from the City Manager rchase agreement stating that the City Council authorized a three-year purchase agreement on November 17, th Eastman Kodak 1987, by Mayor and Council Communication No. P-2278 to Eastman Kodak to provide three high- speed, plain -bond copiers with two additional one-year options to renew; that one machine runs 85 copies per minute and is located in the City Print Shop, along with one machine which runs 70 copies per minute and is located in the Police Department Offense Reporting Office; that the uptime and service has thus far been satisfactory and the requesting departments have requested exercising the final renewal option; that, after a solicitation for bids for a new contract for this service was generated a few weeks ago, it was determined that the most prudent and financially advantageous choice was to renew the final option of the existing contract; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Office Services Fund; and recommending that the City Council exercise the final option to renew for one year the purchase agreement for lease/maintenance of two high-speed copiers for the Office Services Division (Print Shop) and one located in the Police Offense Reporting Office with Eastman Kodak in the amount not to exceed $70,317.11 net, f.o.b. Fort Worth, with renewal period to begin November 16, 1991, and end November 15, 1992, and authorize rejection of previous solicitation for new copier contract (Bid No. 91-2892) dated November 14, 1991. It was the consensus of the City Council that the recommendations be adopted. &C P-5375 re When the motion was put to a vote by the Mayor, it prevailed unanimously. ntroduced Dr. Jose Mayor Granger introduced Dr. Jose Stienberg and family members from Campinas, Sao tienberg and family Paula, Brazil, who was previously presented with an Honorary Citizenship Certificate. rom Campinas, Sao tires for the City Services Department, containing a one-year optional renewal; that, since aula, Brazill &C P-5373 There was presented Mayor and Council Communication No. P-5373 from the City Manager re urchase agreement stating that the City Council authorized a one-year purchase agreement with two annual ith Casco Industries renewal options with Casco Industries on February 26, 1991, by Mayor and Council Communication No. P-4762 to provide original manufacturer's pump parts for the City of Fort Worth; that total expenditures on this service for fiscal year 90-91 budget were $12,621.00; that service rendered has been satisfactory and, therefore, staff has requested that the first option to renew be exercised; that Casco Industries has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or services will be purchased; that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the Equipment Services Operating Fund; ouncil Member Puente and recommending that the City Council exercise the first of two options to renew the e M&C P-5375 purchase agreement with Casco Industries to provide original manufacturer's pump parts, with term of agreement to begin March 9, 1992, and end March 8, 1993, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. C P-5374 re There was presented Mayor and Council Communication No. P-5374 from the City Manager rchase agreement stating that the City Council authorized a three-year purchase agreement on November 17, th Eastman Kodak 1987, by Mayor and Council Communication No. P-2278 to Eastman Kodak to provide three high- speed, plain -bond copiers with two additional one-year options to renew; that one machine runs 85 copies per minute and is located in the City Print Shop, along with one machine which runs 70 copies per minute and is located in the Police Department Offense Reporting Office; that the uptime and service has thus far been satisfactory and the requesting departments have requested exercising the final renewal option; that, after a solicitation for bids for a new contract for this service was generated a few weeks ago, it was determined that the most prudent and financially advantageous choice was to renew the final option of the existing contract; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Office Services Fund; and recommending that the City Council exercise the final option to renew for one year the purchase agreement for lease/maintenance of two high-speed copiers for the Office Services Division (Print Shop) and one located in the Police Offense Reporting Office with Eastman Kodak in the amount not to exceed $70,317.11 net, f.o.b. Fort Worth, with renewal period to begin November 16, 1991, and end November 15, 1992, and authorize rejection of previous solicitation for new copier contract (Bid No. 91-2892) dated November 14, 1991. It was the consensus of the City Council that the recommendations be adopted. &C P-5375 re I There was presented Mayor and Council Communication No. P-5375 from the City Manager urchase agreement witt stating that the City Council authorized a one-year purchase agreement on May 7, 1991, by urly Corporation Mayor and Council Communication No. P-4955 with Burly Corporation for the disposal of scrap tires for the City Services Department, containing a one-year optional renewal; that, since the inception of this agreement, other City departments have requested inclusion on this agreement; that the departments have agreed to the same specifications as outlined in the original bid quotation; that the bid also stipulates that other City departments may also utilize this agreement and billing records are to be maintained separately; 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 City Council authorize the amendment of Mayor and Council Communication No. P-4955 for the purchase agreement with Burly Corporation for the disposal of scrap tires to include all City departments. ouncil Member Puente e M&C P-5375 Council Member Puente expressed concerns regarding the illegal dumping of tires in his district. . Tom Davis re C P-5374 Mr. Tom Davis, Director of City Services, appeared before the City Council and advised Council that the illegal dumping of tires is a significant problem throughout the entire City and that the City Services Department will be working with the community on a case by case basis in order to get the tires picked up in each neighborhood, and also advised Council of a state fund that will be available for subsidizing the tire collection. Council Member Puente made a motion, seconded by Council Member Woods, that the recommendation, as contained in Mayor and Council Communication No. P-5375, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council T-3 Page 191 192 Thursday, December 19, 1991 M&C P-5376 re There was presented Mayor and Council Communication No. P-5376 from the City Manager, purchase of vehicles submitting a tabulation of bids received for the purchase of vehicles from multiple vendors from Prestige Ford, for the City Services Department; stating that the Director of Fiscal Services certifies North Loop Dodge, that funds required for these expenditures are available in the Equipment Services Fund; and Nichols Ford, and recommending that the purchase be made from Prestige Ford in the amount of $466,208.00; Hudiburg Cheverolet North Loop Dodge in the amount of 182,634.00; Nichols Ford in the amount of 176,250.00; and Hudiburg Chevrolet in the amount of 111,476.25, for a total amount not to exceed $936,568.25 net, f.o.b. Fort Worth, and that the City Manager be authorized to negotiate third party financing. It was the consensus of the City Council that the recommendations be adopted. M&C P-5377 re There was presented Mayor and Council Communication No. P-5377 from the City Manager agreement with submitting a tabulation of bids received for the annual maintenance of mainframe equipment Digital Equipment for Information Systems and Services Department; stating that the Director of Fiscal Corporation Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the current operating budget, as appropriated, and the funds required for the 1992-1993 fiscal year will be included in the proposed budget; and recommending that the City Council authorize an annual maintenance agreement for the mainframe hardware with Digital Equipment Corporation for the Information Systems and Services Department on its low bid of $73,498.00, with term of agreement to begin January 2, 1992, and end January 1, 1993, with the option to renew for two additional years. It was the consensus of the City Council that the recommendations be adopted. M&C P-5378 re There was presented Mayor and Council Communication No. P-5378 from the City Manager purchase agreement submitting a tabulation of bids received for an annual purchase agreement for comdial from Alltel Supply, telephone equipment and replacement parts for the Information Systems and Services Inc. Department; 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 Communications Fund; and recommending that the City Council authorize the annual purchase agreement with Alltel Supply, Inc., on its low bid meeting specifications of manufactures' list price less a percentage net, f.o.b. delivered Fort Worth, with term of agreement to begin December 1, 1991, and end November 30, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5379 re purchase from Electro- There was presented Mayor and Council Communication No. P-5379 from the City Manager com Automation stating that the crime package approved by the City Council in the 1991-92 budget included funds in the amount of $152,000.00 to equip 20 new police cars with mobile data and mobile voice radio communication equipment; that the equipment is available from the City of San Antonio due to their recent installation of a new 800 MHz trunked radio system; that the mobile data equipment will continue to be used when the new communication system comes on line; that the only other source of used radio equipment was Radio Express, Inc., which cost an estimated $11,080.00; that the purchase of these used radios will result in a savings of about $81,600.00; that the Director of Fiscal Services certifies that funds required for these expenditures are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase of 20 each sole source Mobile Data Terminals be authorized from Electrocom Automation for an amount not to exceed $62,000.00 and the purchase of 20 each sole source quality used Mobile Data Radios and 20 each sole source quality used Voice Radios be authorized from the City of San Antonio, Texas, for an amount not to exceed $8,400.00. It was the consensus of the City Council that the recommendations be adopted. M&C P-5380 re purchase from Beall There was presented Mayor and Council Communication No. P-5380 from the City Manager Concrete, Inc. submitting a tabulation of bids received for the purchase of washed pea gravel for the Park and Recreation Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the current capital budget, as appropriated, of the Park and Recreation Improvements Fund; and recommending that the purchase be made from Beall Concrete, Inc., on its low bid meeting specifications for an amount not to exceed $3,180.00. It was the consensus of the City Council that the recommendation be adopted. M&C 5381 re agreement with Ladd There was presented Mayor and Council Communication No. P-5381 from the City Manager Uniform stating that the City Council authorized a purchase agreement on December 19, 1989, by Mayor and Council Communication No. P-3889 with Ladd Uniform to provide police uniforms and accessories for the Police Department with two one-year options to renew; that the vendor has agreed to hold prices firm for the second option and the department has requested this agreement to be renewed; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 91-92 fiscal year are available in the current operating budget, of the General Fund; and the funds required for the 92-93 fiscal year will be included in the proposed budget; and recommending that the City Council exercise the final option to renew the purchase agreement with Ladd Uniform to provide police uniforms and accessories for the Police Department for an amount not to exceed $210,000.00 net, f.o.b. Fort Worth, with term of agreement to begin December 20, 1991, and end December 19, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5382 re There was presented Mayor and Council Communication No. P-5382 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide janitorial with General Building _services for the General Services Division; stating that the Director of Fiscal Services Maintenance Company certifies that funds required for this agreement during the 1991-92 fiscal year are available in the current operating budget, as appropriated, and the funds required for the 1992-1993 fiscal year will be included in the proposed budget; and recommending that the City Council authorize a purchase agreement with General Building Maintenance Company to provide janitorial services for the General Services Division at the price of $7.87 per hour, with term of agreement to begin December 19, 1991, and end December 18, 1992, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. M&C P-5383 re There was presented Mayor and Council Communication No. P-5383 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to supply asphalt crack with Texas Contractors Supply Company I sealer for the Transportation and Public Works Department; stating that the Director of Minutes of City Council T-3 Page 192 Thursday, December 19, 1991 M&C P-5383 cont. Fiscal Services certifies that funds required for this anticipated expenditure are available in the current operating budget, as appropriated, of the General Fund; and that funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the purchase agreement be authorized with Texas Contractors Supply Company on its low bid of $0.25 per pound, with term of agreement to begin January 16, 1992, and end January 15, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5384 re There was presented Mayor and Council Communication No. P-5384 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to furnish white aggregate with Marock, Inc./ to the Water Department; stating that the Director of Fiscal Services certifies that funds Shea Services, Inc. required for this anticipated expenditure during the 1991-92 fiscal year are available in for a purchase agreement on the repair the current operating budget, as appropriated, and the funds required for the 1992-1993 Stephens Equipment fiscal year will be included in the proposed budget; and recommending that the purchase funds required for the anticipated agreement be authorized with Marock, Inc./Shea Services, Inc., on its low bid meeting expenditures specifications of $10.72 per ton, with term of agreement to begin January 29, 1992, and end Cities Service January 28, 1993, with options to renew for two additional one-year periods. It was the operating budget, as appropriated, of the consensus of the City Council that the recommendations be adopted. M&C P-5385 re that lots be purchase from Pro- There was presented Mayor and Council Communication No. P-5385 from the City Manager gressing Pump submitting a tabulation of bids received for the purchase of eight chemical metering pumps Corporation for the Water Department; stating that the Director of Fiscal Services certifies that funds M&C P-5388 re required for this expenditure are available, as appropriated, in the Water and Sewer 25 percent. Operating Fund; and recommending that the purchase be made from Progressing Pump Corporation Jet Center on its low bid of $6,784.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5386 re purchase agreement There was presented Mayor and Council Communication No. P-5386 from the City Manager with American Ice submitting a tabulation of bids received for the lease of used ice machines for the City of Machines, Inc., Fort Worth and for a purchase agreement on the repair of City -owned ice machines; stating Stephens Equipment that the Director of Fiscal Services certifies that funds required for the anticipated Company, and All expenditures of each department eligible to participate in this agreement are available in Cities Service the current operating budget, as appropriated, of the appropriate funds; and recommending that lots be cast to determine the winning vendor for the tie bids received for a purchase agreement on the repair of City -owned ice machines at $30.00 per hour for labor and parts M&C P-5388 re at list less 25 percent. stating that, by action of the City Council, the City Manager was authorized to terminate Acting City Secretary Pearson announced that lots agreement for the repair of City -owned ice machine inasmuch by Stephens Equipment Company and American Ice Machines, of bids by Mr. Edwin Cook, representing American Ice N representing Stephens Equipment Company, Council Member l Council Member Silcox, that the purchase agreement for the i be awarded to American Ice Machines, Inc. When the motion it prevailed unanimously. will be cast for the purchase as identical bids were submitted nc., and, following the drawing ichines and Mr. Danny Tearell, oods made a motion, seconded by epair of City -owned ice machines was put to a vote by the Mayor, Council Member Meadows made a motion, seconded by Council Member Silcox, that the City Council authorize the purchase agreement with Stephens Equipment Company for the lease of used ice machines for the City of Fort Worth on its low bid of unit prices for items 1 through 6, 14 and 15; authorize the purchase with All Cities Service for the lease of used ice machines for the City of Fort Worth on its low bid of unit prices for item 7 through 13, with terms of agreement to begin December 23, 1991, and end December 22, 1992, with options to renew for three additional one-year periods. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-5387 re There was presented Mayor and Council Communication No. P-5387 from the City Manager purchase agreement stating that AMIGOS Bibliographic Council, Inc., is the regional network which provides for Interlibrary Loan bibliographic data used by the Interlibrary Loan in searching for and requesting library with AMIGOS Biblio- materials for loan; that this data resides in a national online network used by more than graphic Council, Inc. 9,000 libraries in the United States, Canada and Mexico; that the network has more than 12,000,000 bibliographic records; that the Interlibrary Loan unit is a grant funded unit; that use of the Amigos Interlibrary Loan subsystem is an element of the Fort Worth Public Library's contract with the Texas State Library; stating that the Director of Fiscal Services certifies that funds are available in the operating budget, as appropriated, of the Grants Fund; and recommending that the City Council authorize a purchase agreement for the provision of bibliographic services for Interlibrary Loan with AMIGOS Bibliographic Council, Inc., for a total amount not to exceed $7,448.00 net, f.o.b. Fort Worth, with term of agreement to be effective September 1, 1991, through August 31, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5388 re There was presented Mayor and Council Communication No. P-5388 from the City Manager purchase from Staci's stating that, by action of the City Council, the City Manager was authorized to terminate Jet Center fueling services provided by Staci's Jet Center at Alliance Airport at midnight December 20, 1991; that the termination of the fueling services was recommended to address the City Council's concern regarding the amount of the City's subsidy of this service; that, under the current arrangement, Staci's provides fueling services 108 hours -per week; that Staci's has proposed to provide services 45 hours per week from 8:00 a.m. to 5:00 p.m. Monday through Friday and standby services for 53 hours per week from 5:00 p.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday and Sunday; that the cost of the reduces services is approximately half of the cost of the full service currently being provided; that an above -ground self-service tank has been discussed as a possible alternative to manned fueling service; that this option is not being recommended because it is the opinion staff that this service would not be used by pilots at Alliance Airport; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the Operating Budget, as appropriated, of the Airport Fund; and recommending that the City Council approve the purchase of fueling services 45 hours per week, at Alliance Airport with Staci's Jet Center on a month-to-month basis for a period not to exceed six month for $3,625.00 per month. Minutes of City Council T-3 Page 193 K Thursday, December 19, 1991 Minutes of City Council T-3 Page 194 Assistant City Assistant City Manager Ramon Guajardo appeared before the City Council and advised Manager Ramon Council that the contract with Staci's Jet Center is being proposed on a month-to-month Guajardo re MAC basis in order to reduce the man hours of service and advised Council that standby service P-5388 will also be provided and advised Council that FAA does concur with the proposal; and stated that the fueling services will only be for a six month period in which time the management contract should be ready and in place. Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. P-5388 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. MAC L-10756 re There was presented Mayor and Council Communication No. L-10756 from the City Manager eminent domain recommending that authority be granted to deposit the award of $48,081.80 allowed by Special proceedings for Commissioners in eminent domain proceedings, Cause No. 141-137681-91, for the acquisition acquisition of right- of right-of-way and slope easement located at 8300 Meadowbrook Drive; and recommending of -way and slope approval of a $48,081.80 bond fund transfer from the City's share of SDHPT Projects easement Unspecified Project to the Green Oaks Boulevard Pass Project in the Street Improvement Fund. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. L-10757 from the City Manager M&C L-10757 re recommending that the City Council approve the acquisition of a portion of Lots 42, 43, and acquisition of tem- 44, Block 20, Southside Addition from Rogelio Ibarra et ux Hilda Ibarra for M-14 and M-89, porary easement L-892 and L-931 sewer line replacement for a total consideration of $1.00, and authorize the acceptance of the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. MAC L-10758 re There was presented Mayor and Council Communication No. L-10758 from the City Manager acquisition of per- recommending that the City Council approve the acquisition of a portion of Lot 2, Block 1, manent and temporary M. Garrison Addition from Sheldon Labovitz et ux Miriam Labovitz for S. S. Rehabilitation easements Contract XX, for a total consideration of $1,470.00, and authorize the acceptance and recording of the appropriate easements. It was the consensus of the City Council that the recommendations be adopted. MAC L-10759 re There was presented Mayor and Council Communication No. L-10759 from the City Manager redemption of 1316 stating that, by Sheriff's Deed filed January 5, 1990, and recorded in Volume 9805, Page Verbena 1123, of the County Records of Tarrant County, Texas, the City of Fort Worth acquired to Lot 6 and the east 18 -feet nine -inches of Lot 5, Block 13, Vickery Addition; that state statutes provide that the owner, their heirs and assigns, having an interest in property sold through a tax foreclosure sale, have the right to redeem the property; that the property may be redeemed within two years from the date the Sheriff's Deed is filed for record upon payment of the tax judgment for which the sale was held, together with all costs, penalties and redemption fees plus additional taxes not included in the judgment but due as of and prorated to the date of sale; that the tax judgment and fees totalling $3,164.37 have been paid by First Nationwide Bank; and recommending that the City Council approve the redemption of 1316 Verbena by First Nationwide Bank for a payment of $3,164.37, and authorize the City Manager to execute the appropriate conveyance. It was the consensus of the City Council that the recommendations be adopted. MAC L-10760 re There was presented Mayor and Council Communication No. L-10760 from the City Manager acquisition of tem- recommending that the City Council approve the acquisition of a temporary construction porary construction easement described as a portion of Lots 4, 5, and 6, Block 10, Newell and Newell Business easement Park (2401 Handley-Ederville Road); find that $10.00 is just compensation for property acquired from Team Bank for Handley-Ederville Road Project; and authorize the acceptance and recording of the appropriate easement instrument. It was the consensus of the City Council that the recommendations be adopted. MAC L-10761 re There was presented Mayor and Council Communication No. L-10761 from the City Manager, acquisition of tem- recommending that the City Council approve the acquisition of a temporary construction porary construction easement described as a 15 foot strip out of Lot 30, Block 68, South Hills Addition (2837 easement Southgate Drive) from Glen M. Gotcher and Joan M. Gotcher for reconstruction of Sanitary Sewer Main 240, for a total consideration of $1.00; and authorize acceptance of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. MAC L-10762 re There was presented Mayor and Council Communication No. L-10762 from the City Manager acquisition of per- recommending that the City Council approve the acquisition of a permanent and a temporary manent and temporary construction easement described as being a portion of the west 12 feet of Lot 13, Block 3, construction easement Coronado Hills Addition (2800 Rio Vista Road); find that $1.00 is just compensation for property acquired from Robert L., Robert D. and Daniel Guerrero for a drainage reconstruction project at Rio Vista Road from Truman Road to Calmont Avenue; and authorize the acceptance and recording of the appropriate easements. It was the consensus of the City Council that the recommendations be adopted. MAC L-10763 re There was presented Mayor and Council Communication No. L-10763 from the City Manager acquisition of tem- recommending that the City Council approve the acquisition of a temporary construction porary construction easement described as being a portion of the west five feet of Lot 9, Block 3, Coronado easement Hills Addition, (2810 Rio Vista Road); find that $1.00 is just compensation for property acquired from John and Chut Rainard for drainage reconstruction project at Rio Vista Road from Trevino Road to Calmont Avenue; and authorize the acceptance of the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. MAC L-10764 re There was presented Mayor and Council Communication No. L-10764 from the City Manager acquisition of tem- recommending that the City Council approve the acquisition of a temporary construction porary construction easement described as a 15 -foot strip out of Lot 8, Block 69, South Hills Addition (2808 easement Wren Avenue) from Virginia B. Bradfield for reconstruction of Sanitary Sewer Main 240, for a total consideration of $1.00; and authorize the acceptance of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. I� Minutes of City Council T-3 Page 194 195 Thursday, December 19, 1991 M&C L-10765 re There was presented Mayor and Council Communication No. L-10765 from the City Manager acquisition of recommending that the City Council approve the acquisition of a temporary construction temporary construction easement described as a 15 -foot strip out of Lot 7, Block 69, South Hills Addition (2812 easement Wren Avenue) from Barbara Kay Moon and Thomas Watson Moon for reconstruction of Sanitary Sewer Main 240, for a total consideration of $1.00; and authorize the acceptance of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10766 re There was presented Mayor and Council Communication No. L-10766 from the City Manager acquisition of tempor- recommending that the City Council approve the acquisition of a temporary construction ary construction easement and right-of-way described as a portion of Lot 1, Block construction easement 1, Bertram Addition (7300 easement and right -of- Trinity Boulevard); find that $3,400.00 is just compensation for property acquired from J. way L. Bertram Construction and Engineering, Inc., and authorize the acceptance and recording deed. It was the consensus of the appropriate deed and temporary easement instrument. It was the consensus of the City property acquired from Herman Larkin and wife, Elizabeth J. Larkin for reconstruction of Council that the recommendations be adopted. Martin Avenue from Wichita to Shackleford; and authorize the acceptance and recording of the M&C L-10767 re There was presented Mayor and Council Communication No. -L-10767 from the City Manager acquisition of right- recommending that the City Council approve the acquisition of right-of-way and temporary of -way and temporary construction easement described as a portion of Lot 1, Block 1, Wapco Addition (7301 Trinity construction easement Boulevard); find that $10.00 is just compensation for property acquired from Fleming Companies, Inc., for Handley Ederville Road Project; and authorize the acceptance and recommending that the City Council approve the acquisition of right-of-way and temporary recording of the appropriate deed. It was the consensus of the City Council that the 4, Trudale Addition (3458 Martin Avenue); find that $855.00 is just compensation for recommendations be adopted. property acquired from Herman Larkin and wife, Elizabeth J. Larkin for reconstruction of M&C L-10768 re There was presented Mayor and Council Communication No. L-10768 from the City Manager acquisition of tem- recommending that the City Council approve the acquisition of a temporary construction porary construction easement described as a portion of Lot 31, Denman's Addition (3237 Martin Street); find that easement $50.00 is just compensation for property acquired from.Diana Valle for reconstruction of Martin Street from Wichita to Shackleford; and authorize the acceptance of the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. M&C L-10769 re acquisition of right- There was presented Mayor and Council Communication No. L-10769 from the City Manager of -way and temporary recommending that the City Council approve the acquisition of right-of-way and temporary construction easement construction easement described as a portion of Lot 2, and the east 5 feet of Lot 1, Block 4, Trudale Addition (3458 Martin Avenue); find that $855.00 is just compensation for property acquired from Herman Larkin and wife, Elizabeth J. Larkin for reconstruction of Martin Avenue from Wichita to Shackleford; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10770 re There was presented Mayor and Council Communication No. L-10770 from the City Manager acquisition of right- recommending that the City Council approve the acquisition of right-of-way and permanent and of -way and permanent temporary easements described as a portion of Lots 14 and 15, Block 28, Diamond Hill and temporary easement Addition (2514 Moore Avenue); find that $672.10 is just compensation for property acquired from Garland D. Barritt et ux Virginia L. Barritt for Moore Avenue reconstruction from Irion Street to Hale Street; and authorize the acceptance and recording of the appropriate deed and easements. It was the consensus of the City Council that the recommendations be adopted. M&C L-10771 re There was presented Mayor and Council Communication No. L-10771 from the City Manager acquisition of right- recommending that the City Council approve the acquisition of right-of-way, described as a of -way portion of Lot R-15, Block 31, Diamond Hill Addition (2522 Moore Avenue); find that $147.00 is just compensation for property acquired from Brenda Martin for Moore Avenue reconstruction south of Irion Street; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10772 re -There was presented Mayor and Council Communication No. L-10772 from the City Manager acquisition of right- recommending that the City Council approve the acquisition of right-of-way described as a of -way portion of Lot 14, Block 28, Diamond Hill (2510 Moore Avenue); find that $70.00 is just compensation for property acquired from Thomas E. Dickerson for Moore Street reconstruction from Irion Street to Hale Avenue; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10773 re There was presented Mayor and Council Communication No. L-10773 from the City Manager acquisition of per- recommending that the City Council approve the acquisition of permanent and temporary manent and temporary easements described as a portion of Lot 10 and north 25 feet of Lot 8, Boaz Addition, a easements tract of land out of M. Baugh Survey, and Lots 24, 25, and 26, of the Cummings Addition (400 block Samuels Avenue); find that $1.00 is just compensation for property acquired from Fort Worth Independent School District for Samuels Avenue right-of-way from storm drain; and authorize the acceptance and recording of the appropriate easements. Council Member Chappel Council Member Chappell requested permission of the City Council to abstain from voting re M&C L-10773 on Mayor and Council Communication No. L-10773 involving the Fort Worth Independent School District. Council Member Meadows made a motion, seconded by Council Member Silcox, thatCouncil Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. L-10773. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Puente re M&C L-10773 Council Member Puente advised City Council that he is disqualified from voting on Mayor and Council Communication No. L-10773 involving Fort Worth Independent School District. Council Member Woods made a motion, seconded by Council Member Silcox, that the recommendations, as contained in Mayor and Council Communication No. L-10773, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council T-3 Page 195 196 Thursday, December 19, 1991 M&C L-10774 re There was presented Mayor and Council Communication No. L-10774 from the City Manager dedication of pro- recommending that the City Council approve the dedication of slope easement described as a perty in Tract 29C portion of Tract 29C, R.R. Ramey Survey, Abstract 1341 from Thomas Kell, III, for Green Oaks Boulevard Project; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10775 re exchange of City-ownec There was presented Mayor and Council Communication No. 1-10775 from the City Manager, property as follows: SUBJECT: EXCHANGE OF CITY OWNED PROPERTY, A PORTION OF TR 29C, R.R. RAMEY SURVEY, A-1341, GREEN OAKS BLVD. PROJECT, WITH THOMAS KELL, III RECOMMENDATION: It is recommended that the City Council: 1. Approve the exchange of City owned property to the adjacent owner, Thomas Kell, III, and 2. Find that acceptance of Kell owned property is just compensation, and 3. Authorize the City Manager to execute the appropriate deed. nTC(_IICCTnN As a part of the acquisition of Parcel 15, Green Oaks Blvd. Project, Mr. Thomas Kell agreed to accept, as a part of just compensation, a .069 acre parcel of land immediately east of his property but separated by the existing Cooks Lane. Once the Green Oaks Project is completed, this .069 acre parcel will be bounded on the north, east, and south by the proposed Cooks Lane thoroughfare, and on the west by the existing Cooks Lane right-of-way. It will become necessary to close this section of Cooks Lane right-of-way as a matter of City policy. Ownership of the .069 acre parcel will eliminate the potential creation of an ingress/egress denial to Mr. Kell's property. The Transportation and Public Works Department has no objection to this proposal, and it is done pursuant to the requirements set forth in Section 272.001 (b)(1)(4) of the Texas Local Government Code. This property is located in DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds for this acquisition are available in the current capital budget, as appropriated, of the Street Improvements Fund. M&C L-10775 adopted IIIt was the consensus of the City Council that the recommendations be adopted. M&C L-10776 re lease of Lot 5, There was presented Mayor and Council Communication No. L-10776 from the City Manager Block 19, Lake Worth stating that the lease of Lot 5, Block 19, Lake Worth Lease Survey was originally leased to Lease Survey to Lake Roach's Camp who subleased to Lake Worth Sailing Club; that, due to sanitary sewer problems Worth Sailing Club related to land area of the lease site, it was impossible to bring the improvements to City Code; that the City purchased the improvements from Roach's Camp and canceled the lease; and recommending that City Council authorize leasing of Lot 5, Block 19, Lake Worth Lease Survey to Lake Worth Sailing Club with the provisions that the primary term be for 15 years with two ten-year options and that the initial annual rent be $6,000.00 per year to be paid in quarterly installments of $1,500.00. On motion of Council Member Meadows, seconded by Council Member Woods, the recommendations were adopted. M&C PZ -1640 re vacating portion of There was presented Mayor and Council Communication No. PZ -1640 from the City Manager alley recommending that the City Council adopt an ordinance vacating the remaining portion of a 15 foot wide alley located between lots 1 through 4 and 17 through 21, Block 5, Seminary Hill Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Ordinance Council Member Woods introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. 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, McCray, Woods, Meadows, and Chappell NOES: None Ordinance No. 10983 ABSENT: Council Member Matson The ordinance, as adopted, is as follows: ORDINANCE NO. 10983 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING AN ALLEY RIGHT-OF-WAY LOCATED WITHIN THE SEMINARY HILL ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council T-3 Page 196 197 Thursday, December 19, 1991 M&C PZ -1641 re There was presented Mayor and Council Communication No. PZ -1641 from the City Manager vacating portion of recommending that an ordinance be adopted vacating a portion of Martin Lydon Street, located Martin Lydon Street between Lot 12R, Block 24, Seminary Hill Addition, and Block 25R, Seminary Hill Addition, lying between the east right-of-way line of the G.C. & S.F. Railroad and the west right-of- way line of Warren Street as approved by the City Plan Commission. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Woods 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: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10984 II ORDINANCE NO. 10984 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A STREET RIGHT-OF-WAY LOCATED WITHIN THE SEMINARY HILL ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES -IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1642 re There was presented Mayor and Council Communication No. PZ -1642 from the City Manager vacating portion of alley recommending that an ordinance be adopted vacating the remaining portion of the 15 foot wide alley located between Lots 1 through 5 and 18 through 22, Block 6, Seminary Hill Addition, and a 20 foot wide temporary access easement located on Lot 11R, Block 6, Seminary Hill Addition, and being the south property line of Lot 18, Block 6, Seminary Hill Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Woods 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: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10985 ORDINANCE NO. 10985 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING AN ALLEY RIGHT-OF-WAY AND A TEMPORARY ACCESS EASEMENT LOCATED WITHIN THE SEMINARY HILL ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1643 re There was presented Mayor and Council Communication No. PZ -1643 from the City Manager vacating alley recommending that an ordinance be adopted vacating a 15 foot wide by 658.97 foot long alley located between the G.C. and S.F. Railroad right-of-way and Lots 1 through 10, Block 4, Seminary Hill Addition, and a triangular portion of Broadus Avenue located north of Lot 1, Block 4, Seminary Hill Addition and between the east right-of-way line of the G.C. and S.F. Railroad and the west right-of-way line of Frazier Avenue. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Woods 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: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10986 11 ORDINANCE NO. 10986 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING AN ALLEY RIGHT-OF-WAY AND A PORTION OF A STREET RIGHT-OF-WAY LOCATED WITHIN THE SEMINARY HILL ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING AL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1644 re There was presented Mayor and Council Communication No. PZ -1644 from the City Manager vacating utility recommending that the City Council an ordinance be adopted vacating a ten foot wide by easement approximately 82 foot long utility easement located between Lots 5 and 6, Block 13, Minutes of City Council T-3 Page 197 198 Thursday, December 19, 1991 M&C PZ -1644 cont. Stonegate Addition, and a five foot wide by approximately 114 foot long utility easement located along the south property line of Lot 6, Block 13, Stonegate Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Woods introduced an ordinance and made a motion that it be adopted. Ordinance � P The motion was seconded by Council Member Chappell. 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, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10987 ORDINANCE NO. 10987 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING TWO UTILITY EASEMENTS LOCATED WITHIN THE STONEGATE ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-13175 re There was presented Mayor and Council Communication No C-13175 from the Cit Manager execution of Texas stating that the Local Health Department activities supported by the Texas Department Department of Health, Health for fiscal year 91-92 are covered in a single umbrella contract; that all of these TDH, Local Health Attachments are continuations of ongoing activities; that funding levels represent either Services Contract locally assigned state salaried staff or program grants; that previously the City Council approved Attachment 1 by Mayor and Council Communication No. G-8787, Attachments 2 and 3 by Mayor and Council Communication No. C-12485, and Attachment 4 by Mayor and Council Communication No. C-12898; that Attachments 5 through 12 support various program activities; and recommending that the City Council 1. Authorize the City Manager to accept and execute the Texas Department of Health, TDH, Local Health Services Contract for FY 1991-92, (TDH Document No. C2000061, Attachments 5 through 12), and 2. Adopt the attached supplemental appropriations ordinance increasing appropriations by $1,090,723 in the General Fund GGO1 and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount for interim financing of costs pending grant contract execution, and 3. Authorize the Fiscal Services Department to create eight project numbers in Grant Fund GR76 that will correspond to the various Texas Department of Health attachments listed herein, and 4. Approve the transfer of $1,090,723 from General Fund GGO1, Non - Departmental, Center 0903500 to the eight project numbers created in Grant Fund GR76, and 5. Approve the indirect cost rates applied by TDH using the Uniform Grants and Contracts Management Standards methodology, based on a sliding scale with a maximum of less than 5%, due to the expiration of the City of Fort Worth indirect cost rates, and 6. Adopt the attached supplemental:appropriations ordinance increasing the estimated receipts to the General Fund GGO1 by $20,067 and increasing appropriations in the same amount to the General Fund GGO1, Health Department, in various sections, contingent upon the receipt of increased revenues from collection of indirect costs from the TDH umbrella contract, and 7. Accept such additional funds from the Texas Department of Health as may become available under this contract during Fiscal Year 1992. M&C C-13175 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Woods 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: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 198 199 Thursday, December 19, 1991 finance No. 10988 11 ORDINANCE NO. 10988 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $20,067 FOR THE PURPOSE OF RECEIVING INCREASED REVENUES FROM COLLECTION OF INDIRECT COSTS FROM THE TEXAS DEPARTMENT OF HEALTH UMBRELLA CONTRACT; 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. Introduced an Council Member Woods 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: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 10989 11 ORDINANCE NO. 10989 AN ORDINANCE APPROPRIATING $1,090,723 TO THE GENERAL FUND AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND BY THE SAME AMOUNT FOR THE PURPOSE OF INTERIM FINANCING OF COSTS PENDING GRANT CONTRACT EXECUTION WITH TEXAS DEPARTMENT OF HEALTH; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C C-13176 re There was presented Mayor and Council Communication No. C-13176 from the City Manager contract with Hall- submitting a tabulation of bids received for the Sanitary Sewer Rehabilitation, Contract Albert Construction XIX; stating that the Director of Fiscal Services certifies that funds required for this Company contract are available in the current capital budget, as appropriated, of the Sewer Capital Project Fund; and recommending that a fund transfer in the amount of $757,713.00 be authorized from Water and Sewer Operating Fund, Sewer Capital Project to Sewer Capital Project Fund, Sewer Rehabilitation, Contract XIX and that the City Manager be authorized to execute a construction contract with Hall -Albert Construction Company for the Sanitary Sewer Rehabilitation, Contract XIX on its low bid of $685,212.85. It was the consensus of the City Council that the recommendations be adopted. M&C C-13177 re There was presented Mayor and Council Communication No. C-13177 from the City Manager contract with Westhill submitting a tabulation of bids received for removal of old traffic detector pads at various Terrace, Inc. locations; stating that the Director of Fiscal Services certifies that funds required for this contract are available in the current Capital Budget, as appropriated, of the Contract Street Maintenance Fund; and recommending that a fund transfer in the amount of $76,000.00 be authorized from the Prior Years Funding, Unspecified Project to the Removal of Old Traffic Detector Pads, at Various Locations, Project of the Contract Street Maintenance Fund, and that the City Manager be authorized to execute a contract with Westhill Terrace, Inc., in an amount of $70,000.00, and 30 working days for Removal of Old Traffic Pads at Various Locations. It was the consensus of the City Council that the recommendation be adopted. M&C C-13178 re There was presented Mayor and Council Communication No.' C-13178 from the City Manager, approved change order as follows: No. 2 contract with ' Cadenhead Construction SUBJECT: PROPOSED CHANGE ORDER NO. 2 WITH CADENHEAD CONSTRUCTION COMPANY, Company, Inc. INC., FOR CONSTRUCTION OF THE ALLIANCE AIRPORT TRAFFIC CONTROL TOWER RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute proposed Change Order No. 2 for the construction of the Alliance Airport Traffic Control Tower in the amount of $16,849 with Cadenhead Construction Company, Minutes of City Council T-3 Page 199 200 Thursday, December 19, 1991 M&C C-13178 cont. Inc., increasing City Secretary Contract No. 18308 to $3,408,362 and 393 calendar days. DISCUSSION: City Secretary Contract No. 18308 was awarded to Cadenhead Construction Company, Inc., on January 29, 1991 in the amount of $3,300,000. The Federal Aviation Administration has requested additional casework and millwork in the tower cab estimated to cost $10,906. In addition, the F.A.A. has agreed to install its own emergency generator without a propane backup system as currently called for. Since the new generator is substantially larger than the proposed generator, extensive modifications to the generator room will be required. Total cost of all the changes after deduction for deletions is $16,849. Because of the extensive time taken by F.A.A. to finalize the casework and millwork in the tower cab, the contractor has requested an additional twenty-eight (28) days which the City staff considers reasonable. Original Contract Amount: $3,300,000 - 305 Calendar Days Approved Change Order No. 1: 91,513 - 60 Calendar Days Proposed Change Order No. 2: 16,849 - 28 Calendar Days Proposed Contract Amount: $3,408,362 - 393 Calendar- Days Approval of this change order and the previously approved change order increases the original contract amount by 3.2%. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds for this proposed Change Order are available in the current capital budget, as appropriated, of the Alliance Airport Fund. 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-13178. C-13178 Council Member Chappell made a motion, seconded by Council Member McCray, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-13178. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-13178, be adopted. 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, McCray, Woods, and Chappell. NOES: None ABSENT: Council Member Matson NOT VOTING: Council Member Meadows M&C C-13179 re There was presented Mayor and Council Communication No. C-13179 from the Cit Managerapproved change as follows: y g ' order No. 1 contract with Garney Companies SUBJECT: PROPOSED CHANGE ORDER NO. 1 WITH GARNEY COMPANIES, INC. FOR. THE Inc. EAGLE MOUNTAIN RAW WATER PIPELINE RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 1 in the amount of $50,212.72 to City Secretary Contract No.. 18358 with Garney Companies, Inc., for the Eagle Mountain Raw Water Pipeline, revising the total contract cost to $3,762,202.72. DTSC11SSTnN- On February 5, 1991 (M&C C-12715), the City Council authorized the award of a contract to Garney Companies, Inc., for construction of the Eagle Mountain Raw Water Pipeline. During construction, it was determined to be necessary to make modifications as follows: 1. Modify the air release structure to conform to easement requirements; 2. Add grout around pipe in the tunnel under Boat Club Road; 3. Remove tie down blocking on 36 -inch pipe; 4. Delete concrete retards on 54 -inch pipe along flat terrain; 5. Construct a permanent access road for future maintenance. The net effect of the proposed change order is as follows: Original Contract Cost $3,711,990.00 Proposed Change Order No. 1 $50,212.72 Revised Project Cost $3,762,202.72 Minutes of City Council T-3 Page 200 201 Thursday, December 19, 1991 M&C C-13179 cont. The construction manager, Freese and Nichols, Inc., and the staff engineers of 11 the Water Department have reviewed the proposed charges and found them reasonable for similar work. Council Member Woods made a motion, seconded by Council Member Puente, that Mayor and Council Communication No. C-13180 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13181 re FISCAL INFORMATION/CERTIFICATION: payment to Eagle The Director of Fiscal Services certifies that funds required for this contract Construction and are available in the current capital budget, as appropriated, of the Commercial Environmental Ser- Paper Water Fund. M&C C-13179 adopted It was the consensus of the City Council that the recommendation be adopted. M&CC-13180 re There was presented Mayor and Council Communication No. C-13180 from the City Manager bon bond fund transfer stating that by Mayor and Council Communication No. C-12651, the City Council authorized the transfer of $194,898.00 from Village Creek Expansion, Phase II to Sewer Capital Improvement Fund Phase II; that $35,000.00 of the transfer should have been -dedicated to Phase I, Construction Management; therefore, it is necessary at this time to transfer funds per a bond fund transfer to provided sufficient funds to complete Phase I of the project; that Freese and Nichols, Inc., was retained to perform the Construction Management Project; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Current Capital budget, as appropriated, of the Sewer Capital Improvement Fund; and recommending that the bond fund transfer in the amount of $35,000.00 be authorized from Sewer Capital Improvement Fund, Control System Upgrade, Phase II to Sewer Capital Improvement Fund, Control Systems Upgrade, Construction Management, Phase I. Council Member Meadow Center. On motion of Council Member Chappell, seconded by Council Member Woods, the re M&C C-13180 Council Member Meadows advised the City Council that City Attorney Adkins advised him that he was not disqualified from voting on Mayor and Council Communication No. C-13180 involving Freese and Nichols, Inc. Council Member Woods made a motion, seconded by Council Member Puente, that Mayor and Council Communication No. C-13180 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13181 re There was presented Mayor and Council Communication No. C-13181 from the City Manager payment to Eagle stating that, during the removal of six underground fuel storage tanks at the Brennan Construction and Service Center, the petroleum contaminated soil was taken from the ground and staged on site Environmental Ser- for disposal at the City's Bolt Street facility at a later date; that an immediate vices, Inc. alternative means of disposal became necessary in order to allow closure of the City's central landfill; that staff reviewed the available options and determined the most cost effective and expeditious method to be landfilling at an approved facility; that three firms were contacted for bids, Eagle Construction was the low bidder meeting specifications; that funds are available from the State of Texas for remediation expenses; that staff will apply for reimbursement of these costs; that, once the funds for this site are received, the funds will be credited to the Equipment Services Fund PI61; that no funds were included in the Equipment Services Operating Fund for this expenditure; however, savings in the amount of $85,500.00 are anticipated from the purchase of the new Fuel Management System for the Equipment Services Division; that these savings will be used to cover this expenditure; and recommending that the City Council authorize payment not to exceed the amount of $65,113.00 to Eagle Construction and Environmental Services, Inc., foran emergency contract for the removal, transportation and disposal of petroleum contaminated soil from the Brennan Service Center. On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was adopted. M&C C-13182 re There was presented Mayor and Council Communication No., C-13182 from the City Manager, approved change as follows: order No. 1 contract with Red River Con- SUBJECT: PROPOSED CHANGE ORDER NO. 1 WITH RED RIVER CONSTRUCTION CO., FOR struction Company THE EAGLE MOUNTAIN RAW WATER PUMP STATION RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 1 in the amount of $9,116 to City Secretary Contract No. 18007 with Red River Construction Co., for the Eagle Mountain Raw Water Pump Station, revising the total contract cost to $3,772,116. DISCUSSION: On July 12, 1990 (M&C C-12411), the City Council authorized the award of a contract to Red River Construction Co., for construction of the Eagle Mountain Raw Water Pump Station. During construction, it was determined necessary to modify certain items in the contract to comply with actual field conditions. The contractor, Red River Construction Co., will perform this additional work for $9,116. The net effect of the proposed change order is as follows: Original Contract Cost $3,763,000.00 Proposed Change Order No. 1 $ 9,116.00 Revised Contract Cost $3,772,116.00 The construction manager, Freese and Nichols, Inc., and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. Minutes of City Council T-3 Page 201 202 Thursday, December 19, 1991 FISCAL INFORMATION/CERTIFICATION: M aC C-13182 cont. The Director of Fiscal Services certifies that funds required for this contract are available in the current capital budget, as appropriated, of the Commercial Paper Water Fund._ Mayor Granger referred Mr. Parramore to Assistant City Managers Bob Terrell, and Mike Groomer, and Mr. Tom Davis. Recessed into closed The City Council recessed into closed or executive session to seek the advise of its or executive session attorneys concerning pending litigation regarding Gina Peabody v. Cit of Fort Worth and Arnold Delgado, Jr., Civil -Action No. CA -4-89-404-E as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. Reconvened into regular session MAC G-9416 re Settlement of lawsuit styled Gina Peabody Adjourned The City Council reconvened into regular session with eight members present and Council Member Matson absent. There was presented Mayor and Council Communication No. G-9416 from the City Manager stating that the lawsuit styled Gina Peabody V. City of Fort Worth and Arnold Delgado, Jr.; Civil Action No. CA -4-89-404-E was filed on April 19, 1989, by Mr. Art Brender, Attorney at Law, alleging various constitutional and civil rights violations along with various causes of action in negligence arising from an incident i nvolvi ng Officer Arnold Delgado, Jr.; that, while admitting no liability, but to avoid further and costly litigation, an agreement has been reached to settle this lawsuit for $25,000.00; that the Director of Fiscal Services certifies that funds for this expenditure are available in the current operating budget of the Insurance Fund; and recommending that the City Council approve the settlement described above; authorize the expenditure of $25,000.00 and taxable court costs not to exceed $1,000.00 in order to complete the settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. Council Member Chappell made a motion, seconded by Council Member Meadows, that consideration of Mayor and Council Communication No. G-9416 be continued for, one week and requested that staff place this item on executive session for next week. Council Member Chappell made a motion, seconded by Council Member Silcox, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. ere being no further business, the meeti^^ �- --_J TI Minutes of City Council T-3 Page 202 Council Member Puente made a motion, seconded by Council Member Woods, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it,prevailed unanimously. MAC C-13183 re amendment to There was presented Mayor and Council Communication No. C-13183 from the City Manager Pinnacle Air Services stating.that.the purpose of this amendment is to allow Pinnacle to serve as the .project Management Agreement coordinator for the City for the expansion of the Airport, to be responsible for the overall management and coordination of the project, and to be the primary contact for the City with all consultants, contractors, and professionals retained for the -design and construction related to the expansion of the Airport; that the amendment would allow Pinnacle to contract for the design_.of the expansion before a grant for this project is awarded by the Federal Aviation Administration; that the City would reimburse Pinnacle only after the grant is awarded by FAA and only for FAA eligible expenses; that the Aviation Advisory Board approved a motion advising the City Council to amend the contract with Pinnacle Air Services to the extent necessary to qualify Pinnacle Air Services for reimbursement by the Federal Aviation Administration for all amounts expended on the expansion of the airport that are in fact reimbursed by the Federal Aviation Administration; and recommending that the City Council approve amendment to City Secretary Contract No. 17721, Pinnacle Air Services Management Agreement at Alliance Airport. Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations be adopted. When the motion was put to a..vote by thg Mayor, it prevailed unanimously. MAC FP -2895 re ~There final payment to was presented Mayor and Council Communication No. FP -2895 from the City Manager Chem -Spray North, Inc. recommending that the City Council accept as complete the contract for Weed Abatement 91 and authorize final payment in the amount of $1,396.96 to Chem -Spray North, Inc., with funds avaiiable in the current'capital^budget, as appropriated, of the Contract Street Maintenance Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2896 re - final payment to There was presented Mayor and Council Communication No. FP -2896 from the City Manager APAC-Texas, Inc., recommending that the City Council accept as complete the Assessment Paving of Western Texas Bitulithic Center Boulevard from N. Beach Street eastward to Watauga City Limits and N. Beach Street Division (East Half) from Western Center northward for 260 feet; approve the final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners of Western Center Boulevard from N. Beach Street eastward to Watauga City Limits and N. Beach Street (East Half) from Western Center northward for 260 feet; and authorize final payment of $15,171.44 to APAC-Texas, Inc., Texas Bitulithic Division. It was the consensus of the City Council that the recommendations be adopted. Mr. Travis Parramore re crime prevention Mr. Travis Parramore, Post Office Box 803, appeared before the City Council regarding crime prevention, medical, and environmental control. Mayor Granger referred Mr. Parramore to Assistant City Managers Bob Terrell, and Mike Groomer, and Mr. Tom Davis. Recessed into closed The City Council recessed into closed or executive session to seek the advise of its or executive session attorneys concerning pending litigation regarding Gina Peabody v. Cit of Fort Worth and Arnold Delgado, Jr., Civil -Action No. CA -4-89-404-E as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. Reconvened into regular session MAC G-9416 re Settlement of lawsuit styled Gina Peabody Adjourned The City Council reconvened into regular session with eight members present and Council Member Matson absent. There was presented Mayor and Council Communication No. G-9416 from the City Manager stating that the lawsuit styled Gina Peabody V. City of Fort Worth and Arnold Delgado, Jr.; Civil Action No. CA -4-89-404-E was filed on April 19, 1989, by Mr. Art Brender, Attorney at Law, alleging various constitutional and civil rights violations along with various causes of action in negligence arising from an incident i nvolvi ng Officer Arnold Delgado, Jr.; that, while admitting no liability, but to avoid further and costly litigation, an agreement has been reached to settle this lawsuit for $25,000.00; that the Director of Fiscal Services certifies that funds for this expenditure are available in the current operating budget of the Insurance Fund; and recommending that the City Council approve the settlement described above; authorize the expenditure of $25,000.00 and taxable court costs not to exceed $1,000.00 in order to complete the settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. Council Member Chappell made a motion, seconded by Council Member Meadows, that consideration of Mayor and Council Communication No. G-9416 be continued for, one week and requested that staff place this item on executive session for next week. Council Member Chappell made a motion, seconded by Council Member Silcox, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. ere being no further business, the meeti^^ �- --_J TI Minutes of City Council T-3 Page 202