HomeMy WebLinkAbout1992/02/11-Minutes-City CouncilMinutes of City Council T-3 Page 321
CITY COUNCIL MEETING
FEBRUARY 11, 1992
C ouncil.M e t
On the 11th day of February, A.D., 1992, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Members Present
Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos
Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David
Chappell; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria
Pearson; with more than a quorum present, at which time the following business was
transacted:
Invocation
The invocation was given by The Reverend Miles Seaborn, Birchman Baptist Church.
Pledge of
Allegiance
The Pledge of Allegiance was recited.
Minutes of February
On motion of Council Member Woods, seconded by Council Member Meadows, the minutes of
4, 1992 approved
the meeting of February 4, 1992, were approved.
Proclamation -
Engineering Week
A proclamation for Engineering Week was presented to Texas Society of Professional
Engineers.
Proclamation -
U.S. Marine Corps
A proclamation for U.S. Marine Corps Reservist Day was presented to read into the
Reservist Day
minutes.
M&C Nos. L-10833,
Council Member Meadows requested that Mayor and Council Communication Nos. L-10833 and
P-5483 was withdrawn
P-5483 be withdrawn from the consent agenda.
M&C No. P-5482
Council Member Silcox requested that Mayor and Council Communication No. P-5482 be
was withdrawn
withdrawn from the consent agenda.
M&C No. C-13234 was
withdrawn
Council Member Matson requested that Mayor and Council Communication No. C-13234 be
withdrawn from the consent agenda.
M&C No. P-5487 was
withdrawn
City Manager Ivory requested that Mayor and Council Communication No. P-5487 be
withdrawn from the consent agenda.
M&C Nos. P-5474,
City Manager Ivory requested that Mayor and Council Communication Nos. P-5474 and
P-5487 was withdrawn
P-5487 be withdrawn from the agenda.
Consent agenda
On motion of Council Member Chappell, seconded by Council Member Matson, the consent
approved
agenda, as amended, was approved.
Resignation of Mr.
Council Member Chappell made a motion, seconded by Council Member Woods, that the
Robert H. Northington
resignation of Mr. Robert H. Northington from the Community Development Council be accepted
j
with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Minutes of City Council T-3 Page 321
!/I,-
322
Tuesday, February 11, 1992
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11011 11 CITY OF FORT WORTH ORDINANCE
NO. 11011
An ordinance passed concurrently by the City Councils, respectively, of
the Cities of Dallas and Fort Worth, amending the Sixteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
City of Dallas, Texas and the City of Fort Worth, Texas on October 9 and 10,
1990; authorizing and approving the execution and delivery of a Credit
Agreement; ordaining other matters incident and relating to the subject and
purpose hereof; and declaring an emergency.
WHEREAS, the City Councils, respectively, of the Cities of Dallas and Fort
Worth (the "Cities") on October 9 and 10, 1990 concurrently passed the Sixteenth
Supplemental Regional Airport Concurrent Bond Ordinance (the "Sixteenth
Supplemental Ordinance") authorizing the issuance of the Dallas -Fort Worth
Regional Airport Joint Revenue Refunding Bonds, Series 1992 in the aggregate
amount.of $34,170,000 and on such dates also authorized entering into a Forward
Purchase Agreement with respect thereto for delivery on March 25, 1992;
WHEREAS, the Sixteenth Supplemental Ordinance requires that a direct pay
letter of credit be obtained prior to such initial delivery;
WHEREAS, subsequent to the adoption of the Sixteenth Supplemental
Ordinance the Cities adopted the Eighteenth Supplemental Regional Airport
Concurrent Bond Ordinance authorizing the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1992A for delivery on February 5, 1992 and such
delivery has been accomplished and resulted in substantial additional debt
service savings;
WHEREAS, such additional debt service savings allow the Cities to simplify
the calculation of Maximum Rate under the Sixteenth Supplemental Ordinance
without violating the reserve requirements of the 1968 Ordinance;
WHEREAS, a Letter of Credit and Reimbursement Agreement has been
negotiated with National Westminster Bank PLC, acting through its New York
Branch, to provide a direct pay letter of credit as required by the Sixteenth
Supplemental Ordinance;
WHEREAS, it is deemed necessary and desirable to amend the definition of
Maximum Rate and certain other terms and provisions of the Sixteenth
Supplemental Ordinance and to approve the Letter of Credit and Reimbursement
Agreement; and
WHEREAS, the City Councils have each found and determined as to each that
the matters to which this Ordinance relates are matters of imperative public
need and necessity in the protection of the health, safety and morals of the
citizens of each of the Cities and, as such, that this Ordinance is an emergency
measure and shall be effective as to each City respectively upon its adoption
by its City Council, and the meetings were open to the public as required by
law; and that public notices of the time, place and purpose of said meetings
were given as required by Article 6252-17, V.A.T.C.S., as amended.
TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
by Section 1.1. The Sixteenth Supplemental Ordinance is hereby amended
(a) amending the definition of "Government Obligations" contained in
Article II, Section 2.2. to read as follows:
"GOVERNMENT OBLIGATIONS" shall mean any of the following
securities, if and to the extent the same are non -callable, at the
time legal for investment of the Issuer's funds, as determined by
the Issuer: direct obligations of, or obligations the principal of
and interest on which are unconditionally guaranteed as to full and
timely payment by, the United States of America, including
obligations issued or held in book -entry form on the books of the
Department of the Treasury of the United States of America and
Minutes of City Council T-3 Page 322
323
Tuesday, February 11, 1992
including a receipt, certificate or any other evidence of an
Ordinance No. 11011 ownership interest in an aforementioned obligation, or in specified
cont. portions thereof (which may consist of specified portions of
interest thereon) excluding unit investment trusts and mutual
funds.
(b) amending the definition of "Mandatory Purchase Date" contained in
Article II, Section 2.2. to read as follows:
"MANDATORY PURCHASE DATE" shall mean (i) any Purchase Date for
Bonds in the Unit Pricing Mode, (ii) any Mode Change Date, (iii)
any Substitution Tender Date and (iv) the fifth Business Day prior
to termination of a Letter of Credit by its terms where no
substitution of an Alternate Letter of Credit is to occur.
(c) amending the definition of "Maximum Rate" contained in Article II,
Section 2.2. thereof to read as follows:
"MAXIMUM RATE" shall mean a rate of interest for any period of
determination not exceeding fifteen percent per annum; provided,
however, that in no event shall such rate of interest ever exceed
the maximum rate allowed by State law.
(d) amending the definition of "Purchase Price" contained in Article II,
Section 2.2. thereof to read as follows:
"PURCHASE PRICE" shall mean (i) an amount equal to the principal
amount of any Series 1992 Bonds purchased on any Purchase Date, or
(ii) an amount equal to the principal amount of any Series 1992
Bonds purchased on a Mandatory Purchase Date.
(e) amending the definition of Rating Confirmation Notice contained in
Article II, Section 2.2. thereof to read as follows:
"RATING CONFIRMATION NOTICE" shall mean a notice from Moody's, if
the Series 1992 Bonds are then rated by Moody's and S&P, if the
Series 1992 Bonds are then rated by S&P, confirming that the rating
on the Series 1992 Bonds will not be lowered, suspended or
withdrawn as a result of the action proposed to be taken.
(f) amending the definition of Seasoned Funds contained in Article II,
Section 2.2. thereof to read as follows:
"SEASONED FUNDS" shall mean (i) moneys derived from drawings under
the Letter of Credit, (ii) moneys received by the Paying
Agent/Registrar and held in accounts created under this 1992
Ordinance for a period of at least one hundred twenty-four (124)
days and not commingled with any moneys so held for less than said
period and during and prior to which period no petition in
bankruptcy was filed by or against the Cities or the Board under
the United States Bankruptcy Code, (iii) moneys with respect to
which the Paying Agent/Registrar shall have received an opinion of
counsel experienced in matters pertaining to the United States
Bankruptcy Code, which opinion is acceptable to Moody's and S&P's
as evidenced by a letter therefrom, that the contemplated use of
such moneys would not constitute a transfer of property voidable
under Sections 544 or 547 of the United States Bankruptcy Code,
should the Cities or the Board become a debtor under such Code or
(iv) investment income derived from the investment of moneys
described in clause (i), (ii) or (iii).
(g) amending Article III, Section 3.2.D.(9) to read as follows:
(9) that from and after the Mode Change Date, the Letter of Credit
and the Letter of Credit ratings will no longer be in effect and
the anticipated ratings on the Bonds;
(h) amending the third sentence of Article III, Section 3.4.G. to read as
follows:
The Cities covenant with the registered owners of the Series 1992
Bonds that at all times while the Series 1992 Bonds are outstanding
the Cities will provide a competent and legally qualified bank,
trust company, financial institution or other agency to act as and
perform the services of Paying Agent/Registrar for the Series 1992
Bonds under this 1992 Ordinance, and that the . Paying
Agent/Registrar will be one entity. The Cities reserve the right
to, and may, at their option, change the Paying Agent/Registrar
upon not less than 60 days written notice to the Paying
Agent/Registrar. So long as the Series 1992 Bonds are in the Unit
Price Mode, the Paying Agent/Registrar shall be located in New
York, New York and shall be a commercial bank with trust powers or
a trust company. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger, acquisition,
or other method) should resign or otherwise cease to act as such,
the Cities covenant that they promptly will appoint a competent and
legally qualified national or state banking institution which shall
be a corporation organized and doing business under the laws of the
Minutes of City Council T-3 Page 323
324
V .
Tuesday, February 11, 1992
United States of America or of any state, authorized under such
Ordinance No. 11011 laws to exercise trust powers, subject to supervision or
cont. examination by federal or state authority, and whose qualifications
substantially are similar to the previous Paying Agent/Registrar to
act as Paying Agent/Registrar under this 1992 Ordinance. Upon any
change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the
Registration Books (or a copy thereof), along with all other
pertinent books and records relating to the Series 1992 Bonds, to
the new Paying Agent/Registrar designated and appointed by the
Cities. Upon any change in the Paying Agent/Registrar, the Cities
promptly will cause a written notice thereof to be sent by the new
Paying Agent/Registrar to each registered owner of the Series 1992
Bonds, by United States Mail, postage prepaid, which notice also
shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of
this 1992 Ordinance, and a certified copy of this 1992 Ordinance
shall be delivered to each Paying Agent/Registrar.
(i) adding to the first paragraph of Article III, Section 3.5.B. the
following sentence:
The Paying Agent/Registrar shall; (i) make payment when due, (ii)
cause a mandatory redemption when required and (iii) draw on the
Letter of Credit without seeking indemnity and without consent of
the Bank and payments to, or any lien of, the Paying
Agent/Registrar shall be subordinate to the rights of the Series
1992 Bonds with respect to amounts held in any fund or account
established by this 1992 Ordinance.
(j) deleting the last sentence of Article III, Section 3.7.
(k) adding to Article III a new Section 3.8. to read as follows:
Section 3.8. Bank -Owned Bonds. Except with respect to the
remarketing of Bank -Owned Bonds, all payments of principal of and
interest on Bank -Owned Bonds shall be made by the Board by wire
transfer of immediately available funds to the Bank; and the Paying
Agent/Registrar shall not be responsible for the payment of the
principal of or interest on Bank -Owned Bonds or the calculation of
the amounts thereof. Notwithstanding anything to the contrary
contained in this 1992 Ordinance, neither presentation nor
surrender of Bank -Owned Bonds shall be a condition to payment of
principal of or interest on Bank -Owned Bonds. Notwithstanding
anything to the contrary contained in this 1992 Ordinance, Bank -
Owned Bonds shall not be subject to purchase under Sections 3.5.F.,
3.5.G., 3.5.H. or 3.5.I. of this 1992 Ordinance and, for ease of
administration, shall not be considered to have Interest Periods or
Purchase Dates.
(1) amending the last sentence of Article VI, Section 6.4. to read as
follows:
While such accounts are in existence, the amounts required to be
deposited in the Interest and Sinking Fund pursuant to Section 6.3.
hereof shall be credited to the 1992 Interest Account or the 1992
Principal Account, as appropriate, and shall be withdrawn and used
solely to reimburse the Bank for drawings under the Letter of
Credit to pay interest on and principal of the Series 1992 Bonds
(pursuant to Sections 6.5.A. and 6.5.B. hereof) on the respective
dates on which such drawings are honored under the Letter of
Credit.
(m) deleting the first two sentences of Article VI, Section 6.5.A. and in
its place substituting the following four sentences:
During the Unit Pricing Mode, the Paying Agent/Registrar, on the
third Business Day of each calendar month, by telex, telecopy or
telegraphic demand given before 4:00 p.m. on such day, shall draw
on the Letter of Credit in accordance with the terms thereof so as
to receive thereunder by 1:00 p.m. on the next Business Day of such
calendar month, an amount equal to the amount of interest accrued
on the Series 1992 Bonds during the previous calendar month whether
or not paid or due and payable, less the amount of interest
earnings in the Interest Reserve Fund to be credited to the payment
of such interest accrued on the Series 1992 Bonds (it being
understood that there shall be credited to the payment of such
interest accrued on the Series 1992 Bonds and deducted from the
amount of such draw on the Letter of Credit the amount of all
interest earnings on deposit in the Interest Reserve Fund which was
not theretofore credited to the payment of interest on the Series
1992 Bonds and deducted from the amounts of prior draws on the
Letter of Credit to pay interest on the Series 1992 Bonds). During
the Unit Pricing Mode, the Paying Agent/Registrar, on the Business
Day next preceding any Principal Payment Date (which is not an
Interest Payment Date), by telex, telecopy or telegraphic demand
given before 4:00 p.m. on such day, shall draw on the Letter of
Minutes of City Council T-3 Page 324
325
Tuesday, February 11, 1992
Credit in accordance with the terms thereof so as to receive
Ordinance No. 11011 thereunder by 1:00 p.m. on such Principal Payment Date, an amount
cont. equal to the amount of interest payable on the Series 1992 Bonds on
such Principal Payment Date, less the amount available in the
Interest Reserve Fund for the payment of such interest on the
Series 1992 Bonds (it being understood that any such draw on the
Letter of Credit shall be made only if and to the extent there are
insufficient funds available in the Interest Reserve Fund to pay
such interest on the Series 1992 Bonds). During the Unit Pricing
Mode, the Paying Agent/Registrar, on the Business Day next
preceding each Interest Payment Date, by telex, telecopy or
telegraphic demand given before 4:00 p.m. on such day, shall draw
on the Letter of Credit in accordance with the terms thereof so as
to receive thereunder by 1:00 p.m. on such Interest Payment Date,
an amount equal to the amount of interest payable on the Series
1992 Bonds on such Interest Payment Date, less the amount available
in the Interest Reserve Fund for the payment of such interest on
the Series 1992 Bonds (it being understood that any such draw on
the Letter of Credit shall be made only if and to the extent there
are insufficient funds available in the Interest Reserve Fund to
pay such interest on the Series 1992 Bonds). All time references
in Article VI hereof are to New York time.
(n) amending Article VI, Section 6.5.G. to read as follows:
When the Letter of Credit is in effect, money in the 1992 Letter of
Credit Account shall be used and withdrawn by the Paying
Agent/Registrar on each Principal Payment Date to pay the principal
of the Bonds which is due and payable on the Series 1992 Bonds on
such Principal Payment Date (whether at maturity or redemption).
Amounts in the 1992 Letter of Credit Account shall be held invested
in Government Obligations maturing no later than the date such
funds will be needed to pay the principal of and premium, if any,
and interest on the Series 1992 Bonds or for 30 days whichever is
less, and shall be held separate and apart from all other Funds and
accounts.
(o) amending the first sentence of the first paragraph of Article VI,
Section 6.5.H. to read as follows
There is hereby established and
hold and maintain, so long as the
the Series 1992 Bonds are in the
Reserve Fund.
the Paying Agent/Registrar will
Letter of Credit is in effect and
Unit Pricing Mode, the Interest
(p) deleting the last sentence of the first paragraph of Section 6.5.H.
and in its place substituting the following:
When the Series 1992 Bonds are in the Unit Pricing Mode, the Paying
Agent/Registrar shall apply amounts on deposit in the Interest
Reserve Fund on each Interest Payment Date and each Principal
Payment Date (which is not an Interest Payment Date) to the payment
of the interest which is due and payable on the Series 1992 Bonds
on such date. Any interest or profits on deposits and investments
in the Interest Reserve Fund shall be held in the Interest Reserve
Fund and credited against interest to come due on the Series 1992
Bonds.
(q) amending the last paragraph of Article VI, Section 6.5.H. to read as
follows
Any moneys held by the Paying Agent/Registrar in the Interest
Reserve Fund shall be held invested in Government Obligations with
maturity periods of not •exceeding 30 days and in no event longer
than such period(s) as will make such moneys available when needed.
Such moneys shall be held separate and apart from all other Funds
and accounts. Notwithstanding the deposit of such moneys under
this 1992 Ordinance and the subsequent reimbursement of the Bank
for the amount so deposited, the Cities and the Board have no
right, title or interest in such moneys in the Interest Reserve
Fund which will be held exclusively for the holders of the Series
1992 Bonds and paid over in accordance with the provisions of this
1992 Ordinance.
(r) inserting after Article VI, Section 6.5.H. a new section to read as
follows:
I. Notwithstanding anything to the contrary contained in this 1992
Ordinance, the Paying Agent/Registrar shall not apply any moneys
drawn under the Letter of Credit to the payment or purchase of
Bank -Owned Bonds. The Paying Agent/Registrar shall surrender the
Letter of Credit to the Bank on the date on which the Letter of
Credit expires in accordance with its terms. Immediately upon
resignation or removal of the Paying Agent/Registrar and the
appointment of a successor Paying Agent/Registrar in each case in
accordance with this 1992 Ordinance, the predecessor Paying
Agent/Registrar shall take all such actions as may be required
under the terms of the Letter of Credit to transfer the Letter of
Minutes of City Council T-3 Page 325
326
Tuesday, February 11, 1992
Credit to the successor Paying Agent/Registrar. On or prior to
Ordinance No. 11011 each date on which the Paying Agent/Registrar shall make a drawing
cont. under the Letter of Credit, and in no event later than concurrently
with the making of such drawing, the Paying Agent/Registrar shall
advise the Board, by telecopy, telegraph, telex, facsimile
transmission or other similar electronic means of communication, of
(i) the date and amount of such drawing, and (ii) the reason for
such drawing. Upon any remarketing of Bank -Owned Bonds by the
Remarketing Agent, the Paying Agent/Registrar shall (i) notify the
Bank and the Board by tested telex or telecopy (a) of the principal
amount of Bank -Owned Bonds being remarketed, and (b) that it is
delivering, or causing to be delivered, to the Bank an amount of
immediately available funds at least equal to the principal amount
of such Bank -Owned Bonds constituting the proceeds of such
remarketing, and (ii) confirm with the Bank the reinstatement of
the Letter of Credit in respect of such Bonds. After, and only
after, receipt of confirmation (which may be telecopy, telegraph,
telex, facsimile transmission or other electronic means of
communication) from the Bank of reinstatement of the Letter of
Credit to cover such Bank -Owned Bonds following remarketing, the
Paying Agent/Registrar shall authenticate and register new Bonds
for such Bank -Owned Bonds for the respective purchasers thereof and
deliver the same to or upon the instruction of the Remarketing
Agent. Notwithstanding the provisions of Article III hereof, while
the Series 1992 Bonds are in the Unit Pricing Mode the Paying
Agent/Registrar shall timely make all transfers and exchanges so as
to comply with the delivery times required in the Unit Pricing Mode
by this 1992 Ordinance.
(s) amending the first paragraph of Article VI, Section 6.6.(ii) to read
as follows:
(ii) 1992 Letter of Credit Purchase Account. Upon receipt of the
immediately available funds transferred to the Paying
Agent/Registrar pursuant to Section 6.5(C) hereof, the Paying
Agent/Registrar shall deposit such money in the 1992 Letter of
Credit Purchase Account for application to the Purchase Price of
the Series 1992 Bonds to the extent that the moneys on deposit in
the 1992 Remarketing Proceeds Account shall not be sufficient. Any
amounts deposited in the 1992 Letter of Credit Purchase Account and
not needed with respect to any Purchase Date or Mandatory Purchase
Date for the payment of the Purchase Price for any Series 1992
Bonds shall be immediately returned to the Bank.
(t) amending Article VI, Section 6.9.(c) to read as follows:
(c) If the Series 1992 Bond is subject to mandatory purchase
pursuant to a Substitution of Alternate Letter of Credit, the Owner
of such Series 1992 Bond may elect to retain such Bond (or portion
thereof) by giving an irrevocable written notice to the Paying
Agent/Registrar prior to 4:00 p.m. on the fifth (5th) Business Day
preceding the Substitution Tender Date which shall (i) state that
the person delivering the notice is an Owner, (ii) specify the
numbers and denominations of Series 1992 Bonds (or portions
thereof) to be retained, and (iii) acknowledge that the Owner has
received notice of the events leading to the mandatory purchase and
understands that the rating on the Series 1992 Bonds is expected to
be lowered by Moody's and/or S&P, if applicable, and that the prior
Bank will have no further liability on the Series 1992 Bonds after
the Substitution Tender Date; and
(u) adding to Article VI a new Section 6.11. to read as follows:
Section 6.11. Notices from Paying Agent/Registrar. The Paying
Agent/Registrar shall notify Moody's and S&P of: (i) any change in
Paying Agent/Registrar or Remarketing Agent; (ii) any amendment of
this 1992 Ordinance; (iii) any amendment, expiration, termination,
extension or substitution of the Letter of Credit, (iv) conversion
to the Fixed Rate Mode and (v) any redemption of all or a portion
of the Series 1992 Bonds and any such notice shall be sent to
Moody's Attention: Public Finance Department - Structured Finance
Group, 99 Church Street, New York, New York 10007 and to Standard
& Poor's, Attention: Municipal Structured Finance, at 25 Broadway,
New York, New York 10004.
The terms and provisions of the Sixteenth Supplemental Ordinance other than
expressly amended herein shall remain in full force and effect.
Section 1.2. The Letter of Credit and Reimbursement Agreement in
substantially the form forwarded by the Executive Director of the Airport to the
Cities pursuant to the resolution of the Board is hereby accepted, approved and
authorized to be executed and delivered in such form, to the parties set forth
therein, with such changes and modifications as the respective City Attorneys
shall approve as necessary and appropriate as evidenced by their execution
thereof. The Letter of Credit and Reimbursement Agreement shall be executed on
behalf of the City of Dallas by the City Manager, with its corporate seal
impressed thereon and approved as to form by the Acting City Attorney. The
Letter of Credit and Reimbursement Agreement shall be executed on behalf of the
Minutes of City Council T-3 Page 326
Tuesday, February 11, 1992
City of Fort Worth by the City Manager, with its corporate seal impressed
finance No. 11011 thereon, attested by the Assistant City Secretary, and approved as to form and
legality by the City Attorney. The Board shall submit such Letter of Credit and
t. Reimbursement Agreement to the Attorney General of the State of Texas for
approval in accordance with Article 717q V.A.T.C.S., as amended.
Section 1.3. This 1992 Ordinance may be executed in counterparts, and
when duly passed b both Cities, and separate counterparts are duly executed by
each City, the Ordinance shall be in full force and effect.
APPROVED AND ADOPTED BY THE DALLAS CITY COUNCIL THIS FEBRUARY 12, 1992.
APPROVED AS TO FORM:
Acting City Atturney I
City of Dallas, Texas
PASSED FEBRUARY 11, 1992
!!s/ Kay_Granger_
F1dyU[- 61t'y Ul FST`t Worth TeXT3
(SEAL)
ATTEST:
4s/ -Gloria_ Pearson
iororthexaCty, t W es
APPROVED AS TO FORM AND LEGALITY:
/s/ Wade Adkins
City Attorney
City of Fort Worth, Texas
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF DALLAS
I, Robert S. Sloan, City Secretary of the City of Dallas, Texas, do hereby
certify:
1. That the above and foregoing is a true and correct copy of an
excerpt from the minutes of the City Council of the City of Dallas, had
in regular meeting, February 12, 1992 which ordinance is duly of record
in the minutes of said City Council.
2. That said meeting was open to the public, and public notice of
the time, place and purpose of said meeting was given, all as required by
Vernon's Ann. Texas Civ. St. Article 6252-17, as amended.
WITNESS MY HAND and seal of the City of Dallas, Texas, this 12th day of
February, 1992.
City Secretary, City of DdlldS, IeXdS
(SEAL)
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
I Gloria Pearson, Assistant City Secretary of the City of Fort Worth,
Texas, Ao hereby certify:
1. That the above and foregoing is a true and correct copy of an
excerpt from the minutes of the City Council of�the City of Dallas, had
in regular meeting, February 12, 1992 which ordinance is duly of record
in the minutes of said City Council.
2. That said meeting was open to the public, and public notice of
the time, place and purpose of said meeting was given, all as required by
Vernon's Ann. Texas Civ. St. Article 6252-17, as amended.
WITNESS MY HAND and seal of the City of Dallas, Texas, this 12th day of
February, 1992.
/s/ Gloria Pearson
Acting v,Lj Secretary, City of Fort Worth, InTS-
Minutes of City Council T-3 Page 327
(SEAL)
Council Member Silcox
Council Member Silcox advised Council that he attended a Police Officers' Award
re Police Officers'
Ceremony on last evening and expressed appreciation to Assistant City Manger Bob Terrell,
Award Ceremony
Chief Windham and the Police Officers of the City of Fort Worth for the excellent job they
perform on be;alf of our many citizens.
Council Member Matson
Council Member Matson expressed condolences to the family of the Late Jack P. Smith
re condolences to the
and expressed appreciation for the many hours of service provided to his community and the
family of the Late
City of Fort Worth as an Election Judge.
Jack P. Smith
Council Member Woods presented a report from the City Council Motion Picture and
Council Member Woods
Videotape Study Committee and commended the citizens as well as the Committee for the long,
re report on the
hard hours that they contributed and advised Council that the City Attorney has advised this
Motion Picture and
Committee that the proposed Motion Picture Ordinance is unconstitutional and that state laws
Videotape Study Commi-
are in effect that will prohibit the exhibition of harmful materials to minors therefore,
the Committee cannot support the adoption of such an ordinance and requested tAat the City
ttee
Council oc epta d adQpt a resolution concerning the Access By Young Persons To Unsuitable
Pic Rnd
Motion ures Videotapes.
Council Member Woods made a motion, seconded by Council Member Meadows, that the
report of the City Council Motion Picture and Videotape Study Committee be accepted. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
Minutes of City Council T-3 Page 327
3a�
Tuesday, February 11, 1992
The Reverend Howard The Reverend Howard Caver, 5601 Richardson Street, representing the Baptist Ministers
Carr re Motion Picture Union, appeared before the City Council and presented a resolution encouraging the City
and Videotapes Council to establish an ordinance that would provide legal guidelines and enforcement in
order to assure the protection of the children from access to adult movies and videos.
Mr. John Lundelius re Mr. John Lundelius, 2112 Sixth Avenue, appeared before the City Council and expressed
Motion Picture and opposition to the proposed resolution in its current form.
Videotapes
Ms. Karen Lundelius re Ms. Karen Lundelius, 2112 Sixth Avenue, appeared before the City Council and advised
Motion Picture and Council that she is in favor of an ordinance that will protect the children and stated that
Videotapes the proposed resolution, in her opinion, will not establish criminal sanction for permitting
commercial access to unsuitable films to minors.
Council Member ChappelCouncil Member Chappell encouraged the citizens to continue monitoring the movie
re Motion Picture and theaters and video stores and report any violations to the property owners and store
Videotapes managers.
The Reverend Miles The Reverend Miles Seaborn, Pastor of Birchman Baptist Church, appeared before the
Seaborn re Motion City Council and advised Council that the video stores are not policing themselves now and
Picture and Videotapes stated that, in his opinion, if the State of Texas has a law then the City should also be
able to come up with an ordinance that will protect our children.
City Attorney Adkins r' City Attorney Adkins advised the City Council that home -rule cities do have the power
Ordinance covering a to adopt their own ordinances, but the City cannot adopt an ordinance covering a subject
subject by a state law that is already covered by a state law and advised Council that the state laws prohibiting
the exhibition of harmful materials to minors are enforced by City Police Department and the
District Attorney's Office.
Ms. Katherine Hagood Ms. Katherine Hagood, 3511 Westcliff Road South, appeared before the City Council and
re Motion Picture and requested information regarding whether or not the definition for obscenity is defined in
Videotapes the resolution and informed Council that she appreciates the video store managers are more
sensitive to the issue, but suggested that the City Council receive a second opinion
regarding the unconstitutionality of the proposed ordinance.
Council Member Matson Council Member Matson requested that the resolution concerning Access By Young Persons
re Motion Picture and To Unsuitable Motion Pictures And Videotapes be amended by changing the word "the"
Videtapes appropriate governmental role, in the last "Whereas" Paragraph, to read "one" appropriate
governmental role; by adding a paragraph to read ...Whereas, the strictly voluntary rating
system and the existing criminal statutes, and lack of enforcement thereof, have proven to
be ineffective in many cases in that children are frequently able to easily gain access to
inappropriate materials; and by amending the second paragraph, on page two of the resolution
to read theater owners and video.. ."retailers are urged to meet with representatives of
concerned groups representing the broad spectrum of views within our community on this issue
to specifically discuss possible ways to restrict and enforce the restrictions of the access
of children to offensive materials."
Council Member Matson made a motion, seconded by Council Member Woods, that the
Minutes of City Council T-3 Page 328
resolution be approved, as amended.
Mr. Vernon Edwards
Mr. Vernon Edwards, 2309 South Hughes Avenue, appeared before the City Council and
re Motion Picture and
read a resolution from Corinth Baptist Church, Reverend L.B. Adams, Pastor, supporting an
Videotapes
ordinance controlling sales and distribution of adult materials to children.
Mr. Robert Beams re
Mr. Robert Beams, 5771 Blueridge, appeared before the City Council and expressed
Motion Picture and
opposition to the proposed resolution and advised Council that the constitutionality of the
Videotapes
proposed ordinance has not been tested yet and stated that until it goes to the Supreme
Court, the constitutionality of the ordinance will be decided.
Ms. Debbie Dena re
Ms. Debbie Dena, 7341'Gaston Avenue, appeared before the Cilry Council and requested
Motion Picture and
that the City Attorney meet with the attorney for the citizens group which presented a
Videotapes
proposed motion picture and video tape classification ordinance to the City Council to
determine whether the proposed ordinance can be revised to meet legal objections raised by
the City Attorney and suggested that perhaps the City hire an inspector that could write
citations to the video retailers violating the procurement of "R" and "NC -17" movies by
children.
Council Member Puente
Council Member Puente requested that the resolution contain a paragraph requesting
re Motion Picture and
that the City Attorney be directed to meet with the attorney for the citizens group which
Videotapes
presented a proposed motion picture and video tape classification ordinance to the City
Council.
IMs. Barney Bowie
Ms. Barney Bowie Holland, 3575 Hamilton Street, appeared before the City Council and
Holland re Motion
expressed her support for the resolution as amended.
Picture and Videotapes
Mr. Paul Weisbladt re
Mr. Paul Weisbladt, 2481 Forest Park Boulevard, appeared before the City Council and
Motion Picture and
advised Council that it is better to have a voluntary compliance of the video dealerships
Videotapes
rather than mandating their compliance concerning the access by young persons to unsuitable
motion pictures and videotapes; requested that the video retailers and the concerned citizen
group meet together and work something out; and advised Council that the effect on video
stores and movies have been great since this issue was brought to the attention of the City
Council.
Ms. Betty Hilderbrand
Ms. Betty Hildebrand, 3809 Ashford Avenue, appeared before the City Council and urged
re Motion Picture and
Videotapes
the City Council to pray for a solution to the problem concerning the access by young
persons to unsuitable motion pictures and videotapes and expressed support for the amended
resolution.
Minutes of City Council T-3 Page 328
329
Tuesday, February 11, 1992
Mayor Pro tempore Mayor Pro tempore Webber requested that a time constraint be placed in the resolution
Webber re Motion regarding the meeting between the picture theater owners and video retailers and concerned
Picture and Videotapes groups representing the broad spectrum of views and with regard to the City Attorney meeting
with the attorney for the citizens' group and suggested that a report concerning the results
be given to the City Council within six months of today's date.
When the motion that the resolution be approved, as amended, was put to a vote by the
Mayor, it prevailed unanimously.
Introduced a Council Member Matson 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
11of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The resolution, as adopted, is as follows:
Resolution No. 1806 11 RESOLUTION NO. 1806
CONCERNING ACCESS BY YOUNG PERSONS TO
UNSUITABLE MOTION PICTURES AND VIDEOTAPES
WHEREAS, there exists a need for improved self-regulation by motion
picture theater owners and video retailers to restrict access by children to
unsuitable films and videotapes; and
WHEREAS, various voluntary rating systems have been developed in order to
provide guidance to parents, motion picture theater owners and video dealers in
order to assist them in this regard; and
WHEREAS, the National Association of Theater Owners (NATO) and the Video
Software Dealers Association of America (VSDA) have endorsed the observance of
the rating system of the Motion Picture Association of America (MPAA) by their
members; and
WHEREAS, many theater owners and video dealers have established membership
requirements or other procedures to prevent young persons from gaining access
to motion pictures and videotapes rated "R" and "NC -17" according to the MPAA
guidelines; and
WHEREAS, USDA has adopted a pledge to parents, which is another positive
example of industry self-regulation; and
WHEREAS, further voluntary efforts by theater owners and video dealers
need to be made to strengthen these procedures and to insure they are complied
with by their employees and staff;
WHEREAS, in developing these self-regulatory procedures, it will be
important for theater owners and video dealers to consult with concerned citizen
groups; and
WHEREAS, parental involvement and support is the cornerstone of any rating
system; and
WHEREAS, one appropriate governmental role in addressing this issue is
through enforcement of the existing criminal statutes prohibiting the exhibition
of harmful materials to minors;
WHEREAS, the strictly voluntary rating system and the existing criminal
statutes, and the lack of enforcement thereof, have proven to be ineffective in
many cases in that children are frequently able to easily gain access to
inappropriate material;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
1. That motion picture theater owners and video retailers are urged to adopt
and strengthen membership requirements and other procedures to prevent
young persons from gaining access to motion pictures and videotapes which
are not suitable for young persons, including those motion pictures and
videotapes rate "R" and "NC -17" under the MPAA guidelines.
2. That motion picture theater owners and video retailers are urged to meet
with representatives of concerned groups representing the broad spectrum
of views within our community on this issue to discuss possible ways to
restrict and to enforce restrictions on the access of children to
inappropriate materials.
3. That the City Attorney is directed to meet with the attorney for the
citizens group which presented a proposed Motion Picture and Videotape
Classification Ordinance to the City Council and determine whether the
proposed ordinance can be revised to meet legal objections raised by the
City Attorney.
Minutes of City Council T-3 Page 329
0
330
Tuesday, February 11, 1992
Resolution No. 1806 4. That the meetings provided for in Paragraphs 2 and 3 hereof shall be held
cont. as soon as possible and the City Council shall be given a report
concerning the results of such meetings within six months from the date
hereof.
5. That parents are urged to actively monitor and guide their children's
moviegoing and videowatching and to exercise their parental responsibility
to determine whether a particular motion picture and videotape is suitable
for viewing by their children, utilizing the wide variety of information
available regarding the content of movies, including the MPAA rating
system, other rating systems, movie guides produced by a number of groups,
and movie reviews contained in newspapers and magazines.
6. That current state laws prohibiting the exhibition of harmful materials
to minors be vigorously enforced by the appropriate officials, including
the City's Police Department and the District Attorney's office.
M&C OCS-388 There was presented Mayor and Council Communication No. OCS-388 from the Office of the
Liability bonds City Secretary recommending that the City Council authorize the acceptance of a Parkway
Contractors Bond issued to Rog's Concrete Texas, Inc., insured by Lawyers Surety
Corporation. It was the consensus of the City Council that the'recommendation be adopted.
M&C OCS-389 Claims There was presented Mayor and Council Communication No. OCS-389 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:
Jose Silva 1. Claimant: Jose Silva
Date Received: February 3, 1992
Date of Incident: August 3, 1991
Attorney: Crowley, Marks & Douglas
Location of Incident: 3114 Clinton, Tarrant County, Texas
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and loss of life
sustained as a result of the City's failure to
properly inspect the residence and correct the
dangerous conditions that resulted in a fatal
house fire.
Valentin Flores 2. Claimant: Valentin Flores
Date Received: February 3, 1992
Date of Incident: August 3, 1991
Attorney: Crowley, Marks & Douglas
Location of Incident: 3114 Clinton, Tarrant County, Texas
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and loss of life
sustained as a result of the City's failure to
properly inspect the residence and correct the
dangerous conditions that resulted in a fatal
house fire.
Ross Earl Haynes, Jr. 3. Claimant: Ross Earl Haynes, Jr.
Date Received: February 3, 1992
Date of Incident: December 4, 1991
Location of Incident: 1021 Glenn Garden Dr.
Estimate of Damages/
Injuries: $160.00
Nature of Incident: Claimant alleges damages to property the result of
the City's failure to properly maintain sewer
lines.
Jimmy Lee Callahan
4. Claimant:
Jimmy Lee Callahan
Date Received:
February 3, 1992
Date of Incident:
September 5, 1991
Location of Incident:
I-35 South, just south of Belknap
Estimate of Damages/
Injuries:
$167.02 - $205.08
Nature of Incident:
Claimant alleges damages to automobile sustained
as result of rocks being thrown from a truck.
Jo Carol Dugger
5. Claimant:
Jo Carol Dugger
Date Received:
February 3, 1992
Date of Incident:
December 18, 19, and 20 of 1991
Location of Incident:
Rosedale at the corner of St. Louis
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges damages to vehicle as the result
of road conditions. (pot hole)
Howard McLean
6. Claimant:
Howard McLean
Date Received:
February 3, 1992
Date of Incident:
December 23, 1991
Location of Incident:
Undeclared
Estimate of Damages/
Injuries:
$200.00
Minutes of City Council T-3 Page 330
331
Tuesday, February 11, 1992
Howard McLean claim
Nature of Incident:
Claimant alleges damages sustained as a result of
cont.
City's share of cost
$220.00 being taken from his wallet that was in
115,867.00
( 95%)
the possession of Fort Worth Police Department and
$
121,567.00
violations of Police Department policies.
Willie B. Brown
7. Claimant:
Willie B. Brown
Date Received:
February 5, 1992
Date of Incident:
January 23, 1992
Location of Incident:
2700 Avenue J
Estimate of Damages/
Injuries:
$75.00
Nature of Incident:
Claimant alleges damage to vehicle sustained as a
result of road conditions.
Lone Star Gas Company
8. Claimant:
Lone Star Gas Company (Jim Horn)
(Jim Horn)
Date Received:
February 5, 1992
Date of Incident:
November 6, 1991
Location of Incident:
4829 Crestline, Fort Worth, Texas
Estimate of Damages/
Injuries:
$597.21
Nature of Incident:
Claimant alleges damage to property and is seeking
to recover cost of repairs.
M&C OCS-389 adopted
11t was the consensus of the City
Council that the recommendation be adopted.
Assessment Paving It appearing to the City Council that the City Council on January 7, 1992, set today
Malone Street from as the date for benefit hearing in connection with the assessment paving of Malone Street
Irion Avenue to Hale from Irion Avenue to Hale Avenue and that notice of the hearing has been given by
Avenue BH -0079 publication in accordance with Article 1105b, Vernon's Annotated Civil Statutes, 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,
M&C BH -0079 appeared before the City Council and advised the City Council that the independent appraisal
performed by Mr. Robert Martin substantiates that, as a result of the proposed construction,
each case of the abutting property is specially benefitted in enhanced value in excess of
the amount assessed for the improvements; 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 -0079, as
follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MALONE STREET FROM
IRION AVENUE TO HALE AVENUE (PROJECT NO. 67-040257)
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 Malone Street from Irion Avenue to Hale Avenue.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of
Malone Street from Irion Avenue to Hale Avenue. The street is in the Diamond
Hill Target Area and has never previously been constructed to City standards.
Community Development Block Grant (CDBG) Funds will provide a portion of the
construction cost. One and two-family residences are not assessed.
Malone Street will be constructed with standard concrete pavement. Standard
concrete driveways and sidewalks will be built where shown on the plans.
On January 7, 1992 (M&C G-9461), the City Council established February 11, 1992,
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
$
5,700.00
( 5%)
City's share of cost
$
115,867.00
( 95%)
Total cost
$
121,567.00
(100%)
This project is in DISTRICT 2.
There being no one else present desiring to be heard in connection with the benefit
hearing for the assessment paving of Malone Street from Irion Avenue to Hale Avenue, Council
Member Puente made a motion, seconded by Council Member Chappell, that an ordinance be
adopted closing the benefit hearing and levying assessments as recommended. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
Minutes of City Council T-3 Page 331
332
Tuesday, February 11, 1992
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11012
ORDINANCE N0. 11012
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF MALONE STREET FROM IRION
AVENUE TO HALE AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST
THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND
THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY
COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY
SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE
CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY
FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
M&C BH -0080
Assessment Paving
It appearing to the City Council that the City Council on January 7,
1992, set today
Moore Street from
as the date for benefit hearing in connection with the
assessment paving
of Moore Street
Irion Avenue to Hale
from Irion Avenue to Hale Avenue and that notice of
the hearing has
been given by
Avenue
publication in accordance with Article 1105b, Vernon's
Annotated Civil
Statutes, 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 -0080 appeared before the City Council and advised the City Council that the independent appraisal
performed by Mr. Robert Martin substantiates that, as a result of the proposed construction,
each case of the abutting property is specially benefitted in enhanced value in excess of
the amount assessed for the improvements; 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 -0080, as
follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MOORE STREET FROM
IRION AVENUE TO HALE AVENUE (PROJECT NO. 67-040235)
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 Moore Street from Irion Avenue to Hale Avenue.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of Moore
Street from Irion Avenue to 800 feet South. The Council District 2
representative authorized reconstruction to be extended approximately 400 feet
to Hale Avenue using District 2 Undesignated Funds. The street is in the Diamond
Hill Target Area and has never previously been constructed to City standards.
Community Development Block Grant (CDBG) Funds will provide a portion of the
construction cost. One and two-family residences are not assessed.
Moore Street will be constructed with standard concrete pavement. Standard
concrete driveways and sidewalks will be built where shown on the plans.
On January 7, 1992 (M&C G-9460), the City Council established February 11, 1992,
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 $ 11,100.00 ( 7%)
City's share of cost
$
149,873.00
( 93%)
Total cost
$
160,973.00
(100%)
There are no unusual situations on this project that require special City
Council consideration.
The project is in Council DISTRICT 2.
Minutes of City Council T-3 Page 332
333
Tuesday, February 11, 1992
BH -0080 cont. There being no one else present desiring to be heard in connection with the benefit
hearing for the assessment paving of Moore Street from Irion Avenue to Hale Avenue, Council
Member Puente made a motion, seconded by Council Member McCray, that an ordinance be adopted
closing the benefit hearing and levying assessments as recommended. When the motion was put
to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11018 11
ORDINANCE N0. 11018
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF MOORE STREET FROM IRION
AVENUE TO HALE AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST
THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND
THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY
COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY
SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE
CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY
FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
M&C G-9498 re There was presented Mayor and Council Communication No. G-9498 from the City Manager
lawsuit styled Eloise stating that the lawsuit styled Eloise Burnett vs. City of Fort Worth, Cause
Burnett
No. 348-93849-86 was tried in March 1990 and a judgment in the amount of $17,302.14 was
entered against the City of Fort Worth; that the case was appealed to the Court of Appeals
on appeal 02 -90 -00151 -CV, but that Court has ruled against the City on its appeal and has
declined to reverse the Trial Court's judgment; that, at this time, it will be necessary to
pay the judgment together with post -judgment interest not to exceed $3,632.86 in order to
resolve this matter; stating that the Director of Fiscal Services certifies that funds
required for this settlement are available in the current operating budget, as appropriated,
of the Insurance Fund; and recommending that the City Council authorize the expenditure for
an amount not to exceed $20,935.00, in satisfaction of the judgment against the City in the
referenced case, including applicable post -judgment interest. It was the consensus of the
City Council that the recommendation be adopted.
M&C G-9499 re There was resented Mayor and Council Communication No.
p y G-9499 from the City Manager
settlement of the
claim filed by Phyllis stating that Ms. Phyllis Goodman filed a claim for personal injuries she allegedly received
Goodman on May 3, 1991, at 1100 Lamar as a result of being struck by a city vehicle while operating
her motor vehicle; that, while admitting no liability in this matter, the Risk Management
Department has negotiated with Ms. Goodman through her attorney and has agreed to a
settlement of $12,000.00 subject to City Council approval; that the Director of Fiscal
Services certifies that funds for this expenditure are available in the current operating
budget, as appropriated, of the Insurance Fund; and recommending that the City Council
approve the settlement of the claim filed by Phyllis Goodman and authorize the expenditure
of the sum of $12,000.00 for the settlement agreed to by Ms. Goodman, her attorney, and the
City of Fort Worth. It was the consensus of the City Council that the recommendations be
adopted.
M&C G-9500 re There was presented Mayor and Council Communication No. G-9500 from the City Manager
grant from U.S. De- stating that the U.S. Department of Education proposes to grant an amount not to exceed
partment of Education $35,000.00 to the Fort Worth Public Library from the Foreign Language Acquisition Program;
that the City of Fort Worth would be the recipient of the grant monies designated for the
purchase of Spanish language materials; that the monies will be available for FY 1993,
October 1, 1992, through September 30, 1993; that the only cost to be incurred under this
grant is for the purchase of materials; that indirect costs do not apply since no personnel
costs are involved; that the Director of Fiscal Services certifies that no City of Fort
Worth funds are required for this grant; and recommending that the City Manager be
authorized to apply for and accept, if offered, a grant from the U.S. Department of
Education in an amount not to exceed $35,000.00. It was the consensus of the City Council
that the recommendation be adopted.
M&C G-9501 re There was presented Mayor and Council Communication No. G-9501 from the City Manager
permit to Trinity recommending that the City Council authorize the City Manager to execute the appropriate
River Authority of permit to Trinity River Authority of Texas to reconstruct, operate, and maintain an existing
Texas bell outfall sanitary sewer pipeline located at Mosier Valley Road. It was the consensus
of the City Council that the recommendation be adopted.
M&C G-9502 re There was presented Mayor and Council Communication No. G-9502 from the City Manager
monument sign in stating that Hillwood Development Corporation is in the process of developing Park Glen
Basswood Boulevard Addition; that the Corporation has retained the Nan Faith Arnold Company to develop a
landscape concept for the subdivision; that part of the concept suggests installation of a
subdivision marker (sign) in Basswood Boulevard, just east of Teal Drive; that the
Encroachment Committee has examined the application and is recommending approval; and
recommending that the City Council approve the installation of a monument sign in Basswood
Minutes of City Council T-3 Page 333
I
334
M&C G-9502 cont.
and adopted
M&C G-9503 re
Retaining Miller &
Holbrooke on FCC Rule
Tuesday, February 11, 1992
Boulevard just east of Teal Drive. It was the consensus of the City Council that the
recommendation be adopted.
There was presented Mayor and Council Communication No. G-9503 from the City Manager,
as follows:
SUBJECT: RETAINING MILLER & HOLBROOKE ON FCC RULE MAKING MATTERS AND A
RESOLUTION IN OPPOSITION OF PROPOSED FCC RULES
RECOMMENDATION:
It is recommended that the City Attorney be authorized to:
1. Retain the law firm of Miller & Holbrooke for a fee not to exceed $3,000
to represent the City before the Federal Communication Commission in
regard to CC Docket No. 87-266 dealing with telephone company -cable
television cross -ownership rules, and
2. Approve the attached resolution opposing the FCC's proposed rules.
DISCUSSION:
Miller & Holbrooke, the City Cable Communication counsel, notified the City on
January 30, 1992, that the Federal Communication Commission is considering
adoption of rules known as "Video Dial Tone Rulemaking" which states that
neither the local company offering "video dial tone services" nor the
programmers using such capacity require a local cable franchise.
The proposed rule, as interpreted by communication experts will have the affect
that the FCC will prohibit any local government's control of the next generation
of cable technology. It is the opinion of Miller & Holbrooke that it is
possible that existing cable operations could get out of their current franchise
requirements by selling and leasing back their transmission facilities. The FCC
suggests it opposes any local community services obligations as a condition for
offering video dial tone service. The City, in such arrangement would lose its
five (5) percent cable franchise fee, which is budgeted at $950,000 in 1991-92.
Miller & Holbrooke filed comments on February 3, 1991 on the behalf of Fort
Worth and nine other U.S. cities that oppose the rules and will file additional
reply comments on March 5. Fort Worth and the other cities contend the proper
governmental entity to regulate cable is local government.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this
expenditure are available in the current operating budget, as appropriated, of
the Special Trust Fund.
M&C G-9503 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and
Council Communication No. G-9503, be adopted.
Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted.
Resolution The motion was seconded by Council Member Matson. The motion, carrying with it the adoption
of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The resolution, as adopted, is as follows:
Resolution No. 1807 11 RESOLUTION NO. 1807
WHEREAS, in 1981, the City of Fort Worth issued a cable franchise to
Sammons Cable of Fort Worth to provide cable service via a system of wire
generally located in the City's right of way or utility easements; and,
WHEREAS, in 1988, the Sammons Cable of Fort Worth franchise was amended
and the City has since granted several small franchises to other cable
operators; and
WHEREAS, the cable franchises make significant requirements on all cable
operators, which includes payment of a 5 percent franchise fee, five channels
dedicated for community services channels and financial support for these
channels; and
WHEREAS, the Federal Communication Commission has proposed rules in CC
Docket No. 87-266 which deals with television company -cable television cross -
ownership rules, also known as "Video Dial Tone Rulemaking"; and
WHEREAS, under the proposed rules have the FCC will prohibit any local
government control of new cable technology and could allow current cable
companies to sell their systems and lease back their transmission facilities
thus freeing the cable company of current franchise requirements, including
payment of franchise fees and community services obligations; and
Minutes of City Council T-3 Page 334
335
Tuesday, February 11, 1992
Resolution No. 1807 WHEREAS, the City of Fort Worth believes that the current regulatory
cont. 11 safeguards should not be removed with respect to cable television or video dial
tone services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Worth,
Texas:
Ordinance No. 11013
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
ORDINANCE NO. 11013
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $15,000.00 FOR THE PURPOSE OF
FUNDING UNANTICIPATED EXPENSES OF THE RETIREMENT DIVISION;
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.
1. That the City of Fort Worth opposes the Federal Communication Commission's
proposed rules in CC Docket No. 87-266 dealing with telephone company -
M&C G-9505 re
cable television cross -ownership rules, also known as "Video Dial Tone
settlement of lawsuit
Rulemaking" to deal with emerging cable technology.
M&C G-9504 re
stating that a condemnation case was instituted by the City on May 22, 1990, by Mayor and
increasing revenues
There was presented Mayor and Council Communication No. G-9504 from the City Manager
and appropriations of
stating that the Retirement Administration is a division of the Fiscal Services Department
General Fund estimated
and as such has its operations budgeted as part of the General Fund budget; that an amount
equal to the budgeted appropriation is included as estimated revenue to reflect the practice
of the Retirement Board's reimbursing the General Fund for the total cost of the Retirement
Administration operation; that, subsequent to adoption of the FY 91-92 budget, additional
needs of Retirement Administration have been identified which are not included in the budget
and for which the Retirement Board has indicated their willingness to increase the
reimbursement to the City; that the most critical unbudgeted need is for a computer to
replace one used to maintain all of the Retirement Fund accounting records and to access
information from the bank which serves as Master Trustee to the Retirement Fund; that the
present computer has ceased to function and the recommendation from the Information Systems
M&C G-9506 Reconsidered
and Services Department is that it be replaced rather than repaired; that a replacement is
contract to Briggs
expected to cost approximately $3,000.00; that the second unbudgeted need is for
and Son Wrecking Co.
approximately $12,000.00 for travel by the Retirement Board; that the Board plans to attend
the National Public Retirement System Annual Conference in Baltimore; that this is the key
national conference on public retirement systems, and the Board believes attendance is
crucial to their staying current on national issues; and recommending that the City Council
adopt a supplemental appropriation ordinance increasing both estimated revenues and
appropriations of the General Fund by $15,000.00 each. On motion of Council Member Matson,
seconded by Council Member Woods, the recommendation was adopted.
Introduced an
Council Member Matson introduced an ordinance and made a motion that it be adopted.
Ordinance
The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
lof
said ordinance, prevailed by the following vote:
Ordinance No. 11013
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
ORDINANCE NO. 11013
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $15,000.00 FOR THE PURPOSE OF
FUNDING UNANTICIPATED EXPENSES OF THE RETIREMENT DIVISION;
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.
Minutes of City Council T-3 Page 335
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-9505 re
settlement of lawsuit
p y was There resented Mayor and Council Communication No. -G-9505 from the City Manager
David Tom McPherson
stating that a condemnation case was instituted by the City on May 22, 1990, by Mayor and
and Justin State Bank
Council Communication No. L-10106 after negotiations over the right of way needed for
construction of State Highway 170 reached an impasse; that the special commissioners
determined the value of the taking to be $125,000.00; that this was deposited with the court
and the work commenced; that the defendant appealed the award to district court, and, after
lengthy negotiations, the landowner has agreed to drop the appeal and join the City's
dismissal of the case in return for an additional $10,000.00, for a total of $135,000.00;
that the Director of Fiscal Services certifies that funds required for this expenditure are
available in the current capital budget of the Alliance Airport Fund; and recommending that
the City Council approve the expenditure of an additional $10,000.00 in settlement of all
claims arising from City of Fort Worth vs. David Tom McPherson and Justin State Bank, Cause
No. 153-128249-90. On motion of Council Member Woods, seconded by Council Member Matson,
the recommendation was adopted.
M&C G-9506 Reconsidered
contract to Briggs
There wasresented Mayor and Council Communication No. G-9506 from the Cit er,
p y y Mana g '
and Son Wrecking Co.
as follows:
Minutes of City Council T-3 Page 335
336
Tuesday, February 11, 1992
11 SUBJECT: RECONSIDER AWARD OF DEMOLITION CONTRACT PROPERTY LOCATED AT 815
M&C G-9506 cont. MISSOURI AVENUE (M&C G-9482)
RECOMMENDATION:
It is recommended that the City Council:
1. Reconsider the award of a contract (M&C G-9482) to Briggs and Son Wrecking
Co., E.D. Briggs in the amount of $2,044.00 for the demolition of Unit 17,
property located at 815 Missouri Avenue, and
2. Re -affirm that the structure listed herein is substandard and a nuisance,
to re -confirm the authorization of the contract for the demolition of Unit
17, property located at 815 Missouri Avenue in the amount of $2,044.00,
and
3. Affirm the authorization of a lien to be filed against the property to
cover the cost of demolition and administration fees.
Total amount not to exceed $2,044.00 f.o.b., Fort Worth, Texas.
WSMISSTON-
On January 21, 1992, the City Council considered M&C G-9482 in reference to the
demolition of substandard structures at thirty-two (32) locations.
Consequently, demolition contracts were awarded with the exception of two (2)
properties that were granted extensions.
After the City Council concluded the session, a citizen who was present during
the entire meeting inquired about when the case involving the demolition of
property located at 815 Missouri Avenue would be heard. Staff was not aware
that the citizen was present and wished to speak to the Council. Apparently,
the citizen was not knowledgeable of the procedure to submit a "Citizen
Presentation Card" that would have recognized her presence. In the interest of
fairness, the Code Enforcement Division respectfully requests the City Council
to re -hear this particular case.
The brick duplex located at 815 Missouri Avenue was declared substandard on June
19, 1991. Overall conditions are extremely poor with extensive defects in the
electrical and plumbing systems. There are numerous structural problems
involving the roof, the foundation, the walls and floors. The property belongs
to an estate which has not been probated. However, staff has been informed by
one of the ten heirs to the property that steps are being taken to probate the
estate.
Initially, the Police Department requested abatement of the property as a public
nuisance because the property has been used for over a year for drug-related
activities. Up until a month ago, this vacant structure was left open to the
public, and the property was constantly used by drug addicts and pushers. The
structure was secured and a temporary fence erected to inhibit entry. Staff
does not believe that securing and fencing the area will resolve the problems
even temporarily. Accordingly, staff requests approval to proceed with the
abatement.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds for this contract are
available in the current operating budget, as appropriated, of the General Fund.
Fiscal Services Department is responsible for collection of funds due the City
under this agreement.
s. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Division, appeared before the City
&C G-9506 Council and advised Council that, at the regular session of the City Council meeting held
on January 21, 1992, the award of a contract to demolish structures and removal of debris
for several properties were approved and it was determined that, Ms. Barbara Miller Paterson
was in the audience and wished to oppose the demolition of property located at 815 Missouri
Avenue, but failed to make her presence known, therefore, in the interest of fairness, the
City Council will reconsider the award of contract to demolish the structure, and presented
a staff report regarding 815 Missouri Avenue.
rs. Barbara Miller Mrs. Barbara Miller Paterson, 4245 Lone Meadow Way, appeared before the City Council
aterson re M&C and advised City Council that they have been unable to probate the estate of Clarence Miller
-9506 as a result of the lack of two signatures and requested that the City Council grant her an
extension of 90 days.
Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that the
property located at 815 Missouri Avenue, Unit 17, be granted an extension of 60 days in
order to have the will probated and a decision made as to the habilitation of the house at
815 Missouri Avenue or selling of the property. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
&C G-9507 re There was presented Mayor and Council Communication No. G-9507 from the City Manager
aster Thoroughfare stating that the Master Thoroughfare Plan covers an area of 650 square miles and affects 34
Ian local government entities; that Lake Worth City Council has passed a resolution rescinding
its support for the northern alignment of State Highway 199 which went around their city and
has passed a resolution in support of the central alignment which would basically follow the
xisting corridor through their city; that staff requests authorization to re-evaluate this
issue and to conduct a public hearing before the City Plan Commission; and recommending that
Minutes of City Council T-3 Page 336
337
Tuesday, February 11, 1992
&C G-9507 cont. and
the City Council authorize the staff and the City Plan 'Commission to review the Master
adopted
Thoroughfare Plan with respect to the proposed alignment of State Highway 199 in the
vicinity of the City of Lake Worth. On motion of Council Member Meadows, seconded by
Council Member Silcox, the recommendation was adopted.
M&C G=9508 re
There was presented Mayor and Council Communication No. G-9508 from the City Manager
settlement of lawsuit
stating that the lawsuit styled Sun Sprouts of Texas, Inc., vs. City of Fort Worth and
styled Sun Sprouts of
Robert Garrett, Cause No. 90-41147-3, arises out of a collision which occurred on or about
'Texas, Inc.
December 22, 1989, involving a large semi -trailer truck owned by Sun Sprouts of Texas, Inc.,
(hereinafter referred to as "Sun Sprouts") and a City vehicle; that the damages to the Sun
Sprouts vehicle allegedly exceeded $20,000.00; that Nationwide Insurance Company, the
insurer for Sun Sprouts, paid an insurance claim arising out of the accident and filed a
subrogation lawsuit to recoup its payment; that the suit was filed against both the City and
Robert Garrett, the driver of the City vehicle; that an effort was made to mediate the case
with the assistance of Tarrant County Dispute Resolution Services and subject to City
Council approval, a tentative settlement agreement was reached; that, under the terms of the
proposed settlement, the City of Fort Worth would pay $8,000.00 and taxable court costs in
settlement of all claims against the City and Robert Garrett; that the Director of Fiscal
Services certifies that funds for this settlement are available in the Insurance Fund of the
current budget as appropriated; and recommending that the City Council approve the
settlement of the referenced lawsuit; authorize the dismissal and/or release of any cross-
claims, counterclaims, and other claims necessary to complete the settlement; authorize
expenditure of $8,000.00 and the payment of taxable court costs; and authorize the
appropriate City personnel to execute the documents necessary to complete the settlement.
On motion of Council Member Chappell, seconded by Council Member Meadows, the
recommendations were adopted.
M&C G-9509 re
There was presented Mayor and Council Communication No. G-9509 from the City Manager
gift from Streams and
stating that the City Council accepted a gift of $12,772.00 on January 15, 1991, from
Valleys, Inc.
Streams and Valleys, Inc., for contract maintenance services in Heritage Park; that Streams
and Valleys, Inc., has announced a second gift to the Park and Recreation Department in the
amount of $12,772.00 for Heritage Park grounds maintenance; that the gift will pay for the
services for one year of a'grounds maintenance contractor, and also for winter grass seed;
and recommending that the City Council accept a gift, in the Special Revenue Fund from
Streams and Valleys, Inc., in the amount of $12,772.00 to pay the City for direct costs of
Heritage Park maintenance for a period of one year and adopt an appropriation ordinance
increasing estimated receipts and appropriations by $12,772.00 in the Special Revenue Fund
from increased revenues.
Council Member Meadows Council Member Meadows requested permission of the City Council to abstain from voting
re M&C G-9509 abstain on Mayor and Council Communication No. G-9509 because he serves on the board of directors
from voting of the Streams and Valleys Committee.
Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Communication No. G-9509. 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
recommendations, as contained in Mayor and Council Communication No. G-9509, 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, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
The ordinance, as adopted, is as follows:
Ordinance No. 11014 ORDINANCE NO. 11014
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE SPECIAL REVENUE FUND IN THE AMOUNT OF $12,772.00 FOR THE
PURPOSE OF ACCEPTING A GIFT FROM STREAMS AND VALLEYS, INC.;
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:
Minutes of City Council T-3 Page 337
338
Ordinance No. 11014
cont.
Tuesday, February 11, 1992
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-9510 re There was presented Mayor and Council Communication No. G-9510 from the City Manager
improvements to stating that the 1986 Capital Improvement Program included funds for the improvement of
Bourine Street from Bourine Street from Curzon Avenue to Goodman Drive; that the section of street from Goodman
Blackmore Avenue Drive to Blackmore Avenue was added to this project using District 7 Undesignated Funds;
to Curzon Avenue that, since reconstruction of Bourine Street from Blackmore Avenue south to Vickery has been
completed, the subject project will complete the improvement of Bourine through the Como
neighborhood; that the street is in the Como Target Area and has never previously been
constructed to City standards; that the total estimated assessment is $574,512.00; and
recommending that the City Council:
1. Declare the necessity for and order the improvements to Bourine Street
from Blackmore Avenue to Curzon Avenue, and
2. Authorize the assessment of a portion of the cost of the improvements to
Bourine 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 March 17, 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.
M&C G-9510 adopted On motion of Council Member Meadows, seconded by Council Member McCray, the recommendations
were adopted.
M&C P-5469 re There was resented Ma or and Council Communication No. P-5469 dated February 4
purchas from Availl p y Y
of Texas, Inc. 1992, from the City Manager submitting a tabulation of bids received for the purchase of a
deep cycle charger -analyzer for the Police Department; stating that the Director of Fiscal
Services certifies that funds are available for this expenditure in the operating budget,
as appropriated, of the General Fund; and recommending that the City Council authorize the
purchase from Aviall of Texas, Inc., on its low bid of $5,350.00 plus incoming freight.
Council Member Chappell 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.
M&C P-5474 was It was the consensus of the City Council that Mayor and Council Communication
withdrawn No. P-5474, Purchase of One Riding Scrubber and Two Electric Power Scrubbers from Tennant
Company for the City Services Department, be withdrawn from the agenda.
M&C P-5475 re There was resented Mayor and Council Communication No. P-5476 from the Cit Manager
purchase agreement submitting a tabulation of bids received for purchase agreement for machine shopCity
with Landers In- g P 9
with
Services for all City departments; stating that the Director of Fiscal Services certifies that funds
required for this anticipated expenditure are available in the current budget, as
appropriated, of the specific funds; and recommending that the City Council authorize the
purchase agreement with Landers Industrial Services for City departments, based on low bid
of unit prices, with term of agreement to begin April 14, 1992, and end April 13, 1993, with
the option to renew for two years. It was the consensus of the City Council that the
recommendations be adopted.
M&C P-5477 re
There was presented Mayor and Council Communication No. P-5477 from the City Manager
purchase agreement
submitting a tabulation of bids received for a purchase agreement to provide plywood for the
with Plywood Company
City of Fort Worth; stating that the Director of Fiscal Services certifies that funds
of Fort Worth, Inc.;
required for the expenditures of each department eligible to participate in the agreement
Allied Plywood;
are available in the current budget of the appropriate funds; and recommending that the City
Alexander Lumber
Council authorize the purchase agreement based on low bid of unit prices net f.o.b., Fort
Company; and Home
Worth with Plywood Company of Fort Worth, Inc., Allied Plywood, Alexander Lumber Company,
Depot
and Home Depot, with term of agreement to begin February 1, 1992, and end January 31, 1993.
It was the consensus of the City Council that the recommendations be adopted.
M&C P-5478 re
There was presented Mayor and Council Communication No. P-5478 from the City Manager
purchase agreement
submitting a tabulation of bids received for a purchase agreement to provide luminaires for
with Summers Electric
the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds
required for the anticipated expenditures of each department eligible to participate in the
agreement are available in the current budget of the appropriate funds; that the funds
required for the 1992-93 fiscal year will be included in the proposed budget; and
recommending that the City Council authorize the purchase agreement with Summers Electric
on its total low bid of unit prices with terms of two percent 30 days f.o.b. Fort Worth,
with term of agreement to begin February 1, 1992, and end January 31, 1993, with option to
renew for two additional years. It was the consensus of the City Council that the
recommendations be adopted.
M&C P-5479 re There was presented Mayor_ and Council Communication No. P-5479 from the City Manager
purchase agreement submitting a tabulation of bids received for a purchase agreement to provide industrial
with National Welding gases for the City of Fort Worth; stating that the Director of Fiscal Services certifies
Supply Company that funds requited for the anticipated expenditures of each department eligible to
,participate in this agreement are available in the current operating budget, of the
appropriate funds; and recommending that the purchase agreement be authorized with National
Welding Supply Company on its low overall bid, with term of agreement to begin January 21,
Minutes of City Council T-3 Page 338
339
Tuesday, February 11, 1992
&C P-5479 cont.
nd adopted
1992, and end January 20, 1993, with the option to renew annually for two years. It was the
A. for two weeks
consensus of the City Council that the recommendations be adopted.
&C P-5480 re
urchase agreement witt
There was presented Mayor and Council Communication No. P-5480 from the City Manager
Company
stating that the City Council authorized a purchase agreement with the Texas Department on
exas Department of
March 19, 1991, by Mayor and Council Communication No. P-4820 for the recapping of City
orrections
tires; that the vendor has agreed to hold the prices firm for another year and the City
Services Department, Equipment Services staff, has requested the agreement be renewed; that
the department anticipates spending approximately $60,000.00 on this agreement; that the
Director of Fiscal Services certifies that funds required for this agreement are available
in the Equipment Services Operating Fund; and recommending that the City Council exercise
its renewal option on a purchase agreement with the Texas Department of Corrections for
recapping of City -owned tires on its low bid of unit prices, with term of agreement to begin
April 19, 1992, and end April 18, 1993, with option to renew annually for one additional
year. It was the consensus of the City Council that the recommendations be adopted.
&C P-5481 re
There was presented Mayor and Council Communication No. P-5481 from the City Manager
urchase agreement
stating that the City Council authorized a one-year purchase agreement, with two renewal
ith Davis Trucking
options, providing there are no price changes with Davis Trucking and Equipment for OEM PAK-
nd Equipment
MOR parts on February 26, 1991, by Mayor and Council Communication No. P-4769; that the
Purchasing Department was notified on January 6, 1992, that Davis Trucking and Equipment
would continue the same pricing for the 92-93 agreement period; that the Director of Fiscal
Services certifies that funds required for this anticipated expenditure are available in the
Equipment Services Operating Fund; and recommending that the City Council exercise its first
of two options to renew the purchase agreement with Davis Trucking and Equipment for OEM
PAK-MOR Parts for the City Services Department, with term of agreement to begin March 6,
1992, and end March 5, 1993, with the option to renew for one additional year. It was the
consensus of the City Council that the recommendations be adopted.
" P-5482 re
There was presented Mayor and Council Communication No. P-5482 from the City Manager
A. for two weeks
stating that the City Council authorized a lease agreement on November 26, 1991, by Mayor
with ,Jasper Hayes
and Council Communication No. P-5347 with Looks Furniture for furniture and panels for
Company
$7,274.31 per month; that, since that date, staff has determined that additional furniture
and panels are needed to make the Center fully operational; that Looks Furniture has agreed
to lease the additional furniture and panels at the price quoted on the current lease
agreement; that the total additional cost per month is $4,201.59, for a new monthly total
of $11,475.90; that no additional cost will be incurred against this lease agreement; that
the Director of Fiscal Services certifies that funds required for this agreement are
available in the current capital budget, as appropriated, of the Grants Fund; and
recommending that the City Council authorize the payment of $21,007.95 for five months lease
of furniture and panels to Looks Furniture and amend Mayor and Council Communication No. P-
5347 for an additional $4,201.59 per month with Looks Furniture for additional furniture and
panels not to exceed $11,475.90 for the Employment and Training Department.
. Richard Sapp re
Mr. Richard Sapp, Director of Employment and Training Department, appeared before the
P-5482
City Council and advised Council that the office furniture being provided by Looks Furniture
re M&C P-5483 abstain
is for the Transitional Center located on Highway 80 and that in excess of 30 employees will
be at this location and advised Council that the majority of the money is for the purchase
of panels.
Council Member Silcox made a motion, seconded by Council Member Chappell, that
consideration of Mayor and Council Communication No. P-5482 be continued for two weeks.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C P-5483 re
There was presented Mayor and Council Communication No. P-5483 from the City Manager
purchase agreement
stating that the City Council authorized a purchase agreement by Mayor and Council
with ,Jasper Hayes
Communication No. P-4655, dated January 3, 1991, to Jasper Hayes Company to provide grounds
Company
maintenance service for the Park and Recreation Department at Heritage Park, with a renewal
option for two additional years; that the vendor has performed this service at a
satisfactory level and the Park and Recreation Department has requested that the first
renewal option be exercised; that the vendor has agreed to the extension; that funding for
this service is provided by a grant from the Streams and Valleys, Inc.; that the Director
of Fiscal Services certifies that the funds required for this expenditure are available in
the current operating budget of the Special Revenue Fund; and recommending that the City
Council exercise its first of two options to renew the purchase agreement with Jasper Hayes
Company to provide grounds maintenance services for the Park and Recreation Department at
Heritage Park on its bid of $236.00 per weekly maintenance for a total annual amount not to
exceed $12,272.00 net, with term of agreement to become effective January 1, 1992, and end
December 31, 1993, with the option to renew for one additional year.
Council Member Meadows
re M&C P-5483 abstain
Council Member Meadows requested permission of the City Council to abstain from voting
on Mayor and Council Communication No. P-5483 because he serves as one of the board of
directors of the Streams and Valleys Committee.
Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Communication No. P-5483. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Chappell made a motion, seconded by Council Member Woods, that the
recommendations, as contained in Mayor and Council Communication No. P-5483, be approved.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
Minutes of City Council T-3 Page 339
r
340
Tuesday, February 11, 1992
P-5483 cont.�� AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
C P-5484 re
rchase of fertilizer There was presented Mayor and Council Communication No. P-5484 from the City Manager
r Park and Recreatio i submitting a tabulation of bids received for the purchase of fertilizer for the Park and
partment Recreation Department; stating that the Director of Fiscal Services certifies that funds
required for this expenditure are available in the current operating budget, as
appropriated, of the General Fund, the Golf Fund, and the capital budget of the Special
Trust Fund; and recommending that the purchase be made on a low -bid -item basis, meeting City
specifications, as follows:
1. Tyler Fertilizer Co. $14,573.61
2. Lake Country Lawn Products, Inc. 3,886.31
3. Lesco, Inc. I 1 643.20
4. BWI-Dallas/Fort Worth 3,492.00
5. Esco Distributors, Inc. 38.50
6. Wilbur -Ellis Co. 678.50
Total Amount Not to Exceed $23,312.12
P-5484 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C P-5485 re There was presented Mayor and Council Communication No. P-5485 from the City Manager
purchase from Accurate submitting a tabulation of bids received for the purchase of ammunition for the Police
Ammunition Company; Department; stating that the Director of Fiscal Services certifies that funds required for
Star Reloading Company this expenditure are available in the current operating budget, as appropriated, of the
Inc.; and Texas State General Fund; and recommending that the purchase of ammunition be authorized with Accurate
Distributors Ammunition Company, Star Reloading Company, Inc., and Texas State Distributors for a total
amount not to exceed $7,423.90. It was the consensus of the City Council that the
recommendation be adopted. i
r
M&C P-5486 re There was presented Mayor and Council Communication No. P-5486 from the City Manager
purchase from Entech submitting a tabulation of bids received for the purchase for repair of centrifugal chillers
Sales & Service, Inc. for the Transportation and Public Works Department; stating that the Director of Fiscal
Services certifies that the funds required for this expenditure are available in the current
operating budget, as appropriated, of the General Fund; and recommending that the purchase
be made from Entech Sales & Service, Inc., on its low bid meeting specifications of
$14,500.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-5487 was with- It was the consensus of the City Council that Mayor and Council Communication
drawn No. P-5487, Annual Maintenance Agreements for the Closed Circuit Television System with Mars
Security Systems and for the Traffic Control Management System with Uptime Corporation for
the Transportation and Public Works Department, be withdrawn from the agenda.
M&C P-5488 re There was presented Mayor and Council Communication No. P-5488 from the City Manager
purchase agreement submitting a tabulation of bids received for a purchase agreement to provide horizontal pump
with Sepco Industries, repair for the Water Department; stating that the Director of Fiscal Services certifies that
Inc. funds required for this expenditure are available in the current operating budget, as
appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase
agreement to provide horizontal pump repair be authorized with Sepco Industries, Inc., on
its low bid of unit prices of $36.00 per man for service rate hourly, $72.00 per man for
holiday overtime rate hourly, and parts at manufacturers' list plus 20 percent list, with
term of agreement to begin February 11, 1992, and end February 10, 1993, with the option to
renew for one additional year. It was the, consensus of the City Council that the
recommendations be adopted. ,
M&C L-10833 re There was presented Mayor and Council Communication No. L-10833 from the City Manager
was withdrawn stating that the City Council authorized a new Lake Worth lease agreement on December 29,
1981, by Mayor and Council Communication No. L-7276 providing for new terms for the
leaseholders, new rental rates, and other improvements; that the City Council authorized a
new Lake Worth lease plan on January 26, 1982, by Mayor and Council Communication No. L-7292
in four phases; that, it is the opinion of staff, this land is not needed for park purposes,
and can better serve the City by conveying the ownership for private use; and recommending
that the City Council rescind Mayor and Council Communication No. L-7292, January 26, 1982,
and authorize the City Manager to purchase back the required lease and sell the land and
improvements according to State Stature.
Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor
and Council Communication No. L-10833 be adopted.
Assistant City Manager Assistant City Manager Ramon Guajardo appeared before the City Council and
Ramon Guajardo re advised City Council that the purchase of improvements at Lake Worth was discussed at an
M&C L-10833 executive session approximately two weeks ago and advised Council that the City is required
to buy leases as they terminate; and advised Council that by the recision of Mayor and
Council Communication No. L-10792, this will terminate the Carter and Burgess Plan and allow
the City an opportunity to go forth in another direction.
Minutes of City Council T-3 Page 340
341
Tuesday, February 11, 1992
councii Member Meaaows Council Member Meadows withdrew his motion and made a motion, seconded by Council
re M&C L-10833 Member Matson, to withdraw Mayor and Council Communication No. L-10833. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
M&C L-10834 re There was presented Mayor and Council Communication No. L-10834 from the City Manager
acquisition of tem- recommending that the City Council authorize the acquisition of a temporary construction
porary construction easement described as a 15 -foot by 17 -foot strip out of Lot 12, Block 56, South Hills
easement Addition (3517 Wedgway Drive) from Buddie E. Rutledge and Frances P. Rutledge, 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-10835 re There was presented Mayor and Council Communication No. L-10835 from the City Manager
acquisition of aerial recommending that the City Council approve the acquisition of an aerial easement over the
easement west five feet of Lot 9, Block 25, Wedgwood Addition (2533 Winifred); find that $1.00 is
just compensation for property acquired from William C. Roberts and Maureen P. Roberts
required for streetlight easement; 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-10836 re There was presented Mayor and Council Communication No. L-10836 from the City Manager
acquisition of recommending that the City Council approve the acquisition of an underground utility
underground utility easement within 15 feet of Lot 7A, Block 5, Woodhaven Country Club Estates Addition (6051
easement Bridge Street); find that $1.00 is just compensation for property acquired from Cindi
Dryden, Agent for Woodstone Limited Partnership and Manager of Woodstone Apartments,
required for streetlight easement; 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-10837 re There was presented Mayor and Council Communication No. L-10837 from the City Manager
acquisition of aerial recommending that the City Council approve the acquisition of an aerial easement over the
easement south five feet of Lot 22, Block 24, Sabine Place Addition (4029 Neches Street); find that
$1.00 is just compensation for property acquired from Hollis Williams and Patricia Williams,
,required for mid -block street lighting; 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-10838 re There was presented Mayor and Council Communication No. L-10838 from the City Manager
excess right-of-way stating that the Texas Department of Transportation has an excess of right-of-way out of a
portion of Lots 9, 10, and 11, Block 10, Texas and Pacific Railway Company's Addition; that
the State proposes to exchange this right-of-way with the adjacent property owner; that the
Department of Transportation and Public Works has no need for this right-of-way and concurs
with this exchange; and recommending that the City Council approve a resolution which
concurs action by the State of Texas in disposing of excess right-of-way. It was the
consensus of the City Council that the recommendation be adopted.
Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted.
Resolution The motion was seconded by Council Member Matson. The motion, carrying with it the adoption
of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The resolution, as adopted, is as follows:
Resolution No. 1808 RESOLUTION NO. 1808
CONCURRING IN THE STATE'S DETERMINATION THAT A PORTION OF THE STATE'S RIGHT-OF-
WAY IS NO LONGER NEEDED AS A ROAD AND THAT THE RIGHT-OF-WAY BE QUITCLAIMED IN
ACCORDANCE WITH STATE REGULATIONS
WHEREAS, the State of Texas acquired and holds in its own name right-of-
way on Interstate Highway 30 as described in Exhibit A attached hereto and made
a part hereof, and
WHEREAS, the State of Texas has determined that said right-of-way is no
longer needed for the maintenance and operation of Interstate Highway 30, and
WHEREAS, City Staff have studied the public need for said right-of-way and
have determined that said right-of-way is no longer needed by the citizens as
a road for public transportation purposes, and is not suitable for conservation,
park, recreation and/or similar purposes.
NOW,.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
1. That the State's right-of-way shown on the attached Exhibit A is no longer
needed by the citizens as a road and is not suitable for conservation,
park, public transportation, recreation or similar purposes;
2. That the City of Fort Worth concurs in the State's plan to dispose of the
right-of-way in accordance with State regulations.
Minutes of City Council T-3 Page 341
342
Tuesday, February 11, 1992
sale of surplus There was presented Mayor and Council Communication No. L-10839 from the City Manager
properties y'r;, recommending that the City Council approve the sale of surplus City -owned properties
described as 1808 Alston, Lot 3, Block 6, Bates Subdivision of Bellevue Hill, with
improvement to Ramona Renteria on quotation of $18,000.00 and property described as 1801
Alston, Lot 14, Block "H", Bellevue Hill, with improvement in poor condition to Sudhir Dave
on his high bid of $1,801.00 and authorize the City Manager to execute the appropriate deeds
conveying properties to the highest bidder. On motion of Council Member Chappell, seconded
by Council Member Woods, the recommendation was adopted.
M&C C-13199 re
There was presented Mayor and Council Communication No. C-13199, dated January 14,
amendment to Workers'
1992, from the City Manager stating that the City Council authorized execution of an
Compensation Insurance
agreement with the State of Texas Workers' Compensation Insurance Facility on July 23, 1991,
Agreement
by Mayor and Council Communication No. G-9227; that the authorization of premium payments
to Hartford Insurance Company was not to exceed $206,980.00 for coverage of JTPA
participants for the period of July 24, 1991, to July 23, 1992, subject to State Board of
Insurance additional modifiers, surcharges, and actual audit; that the Job Training
Partnership Act requires that individuals participating in JTPA funded classroom training
activities be covered by workers' compensation insurance; that an increase in the number of
participants serviced increases the premium payment; that, with an increased demand for JTPA
services due to plant closings and reduction in company employees, the classroom training
activity has increased, resulting in an increase in workers' compensation insurance
coverage; that the pool surcharge and experience modifiers have been applied by the State
Board of Insurance further increasing the insurance premium; that the Director of Fiscal
Services certifies that funds required for this contract are available in the current
operating budget of the Grant Funds, as appropriated; and recommending that the City Manager
be authorized to execute an amendment to the workers' compensation insurance agreement with
the State of Texas Workers' Compensation Insurance Facility from $206,980.00 to a revised
amount of $611,034.00.
City Manager Ivory
City Manager Ivory advised the City Council of a correction to be made to Mayor and
re M&C C-13199
Council Communication No. C-13199 correcting the revised amount from "$611,034.00" to
"$465,000.00.
Council Member Meadows made a motion, seconded by Council Member Woods, that Mayor and
Council Communication No. C-13199 be approved, as amended. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
M&C C-13231 re There was presented Mayor and Council Communication No. C-13231 from the City Manager
contract with stating that the City Council on June 30, 1987, by Mayor and Council Communication
Deloitte & Touche No. C-10390 authorized a contract with the firm of Deloitte & Touche (previously Deloitte,
Haskins & Sells) for annual audit services for a five-year period which included FY's 87,
88, 89, 90, and 91; that, based on existing circumstances, staff is recommending that the
City contract with Deloitte & Touche to cover the audit for FY 1992 also, which will be
performed in the 1992 fiscal year; that their fee will remain the same as for the 1991
audit, at $132,800.00; that funds for the recommended contract will be included in the
proposed budget for FY 1992-93; and recommending that the City Manager be authorized to
contract with Deloitte & Touche for annual audit services for the fiscal year 1992. It was
he consensus of the City Council that the recommendation be adopted.
M&C C-13232 re There was presented Mayor and Council Communication No. C-13232 from the City Manager
contract with James submitting a tabulation of bids received for parkway improvements on Bryant Irvin Road from
W. Jackson, Inc. South Bellaire Drive to the Trinity River Bridge; stating that the Director of Fiscal
Services certifies that funds required for this project are available in the current Capital
udget, as appropriated, of the Street Improvements Fund; and recommending that the City
anager be authorized to execute a contract with James W. Jackson, Inc., for parkway
improvements on Bryant Irvin Road from South Bellaire Drive to the Trinity River Bridge in
he amount of $38,430.00, and 30 working days. It was the consensus of the City Council
hat the recommendation be adopted.
M&C C-13233 re There was presented Mayor and Council Communication No. C-13233 from the City Manager
contract with Westhill submitting a tabulation of bids received for a contract for utility cut repairs, Contract
Terrace 2A; stating that the Director of Fiscal Services certifies that funds required for this
ontract are available in the current operating budget, as appropriated, of the Water and
ewer Operating Fund; and recommending that the City Council authorize a fund transfer in
he amount of $362,625.00 from the Water and Sewer Operating Fund, to the Water Capital
mprovement Fund; authorized a fund transfer in the amount of $120,875.00 from the Water and
ewer Operating Fund, to the Sewer Capital Improvement Fund; and authorized the City Manager
o execute a construction contract with Westhill Terrace for Utility Cut Repairs, Contract
2A, on the low bid of $453,500.00. It was the consensus of the City Council that the
ecommendation be adopted.
M&C C-13234 re There was presented Mayor and Council Communication No. C-13234 from the City Manager
contract with Texas tating that the Texas Department of Housing and Community Affairs has notified the City of
Department of Housing ort Worth that $128,451.00 is available for energy crisis assistance; that this allocation
and Community Affairs .s being made with Low Income Home Energy Assistance Program funds to address the needs of
hose households experiencing a weather-related energy crisis; that the funds available to
ny household shall not exceed the actual amount needed to alleviate the household's energy -
elated crisis; that allowable assistance includes payment of utilities for heating and
ooling, emergency fuel deliveries or minor repairs to heating/cooling appliances in order
o alleviate a life threatening situation; that the Director of Fiscal Services certifies
hat funds will be appropriated in the Grants Fund upon the receipt of an executed contract
ith the Texas Department of Housing and Community Affairs; that no City funds will be
equired; and recommending that the City Council authorize the City Manager to:
1. Execute a contract with the Texas Department of Housing and Community
Affairs for the administration of the Energy Crisis Program grant for the
program year October 1, 1991 through September 30, 1992, and
Minutes of City Council T-3 Page 342
343
Tuesday, February 11, 1992 I
M&C C-13234 cont. 2. Authorize the Accounting Division of the Finance Department, subject to
funding agency approval and the City Manager's acceptance of the grant,
to establish the specified project account(s) in the City of Fort Worth's
financial accounting system upon receipt of an executed contract, and
3. Apply indirect costs in accordance with Administrative Regulation 5-15
(the 1990 rate of 18.73 represents the most recently approved rate for
this Department), and
4. Accept $128,451 as well as any additional funds offered by the Texas
Department of Housing and Community Affairs for the Energy Crisis Program
during contract year October 1, 1991 through September 30, 1992.
M&C C-13234 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-13235 re There was presented Mayor and Council Communication No. C-13235 from the City Manager
agreement with United stating that this agreement with United States Postal Service for the sanding of the
States Postal Service inclined ramp east of the Main Post Office at 251 W. Lancaster is a continuation of three
previous contracts approved; that the Postal Service has requested that on days when snow
and ice conditions are such that sanding of streets is required, that the inclined ramp east
of the Main Post Office at 251 W. Lancaster be sanded by Street Division for service; that
the Post Office will pay the City $15.00 per ton for the material (City of Fort Worth cost
of applying sand), and will provide any necessary removal of the material when the snow and
ice are gone; and will indemnify the City from any damage or liabilities resulting from the
service; and recommending that the City Manager be authorized to execute an agreement with
the United States Postal Service for the sanding of the inclined ramp east of the Main Post
Office at 251 W. Lancaster. It was the consensus of the City Council that the
recommendation be adopted.
M&C C-13236 re There was presented Mayor and Council Communication No. C-13236 from the City Manager
agreement with Texas stating that Texas Utilities will construct a third primary feeder consisting of an
Utilities Electric automatic switching and a PMH -9 device to serve the Village Creek Wastewater Treatment
Company Plant; that equipment on the owner's property which supports service to the property is
required to be funded by the owner at an estimated cost of $35,120.00; that the Director of
Fiscal Services certifies that funds required for this agreement are available in the
current operating budget, as appropriated, of the Water and Sewer Operating Fund; and
recommending that the City Manager be authorized to execute an agreement with Texas
Utilities Electric Company for construction of switching and manholes for a third primary
feeder to support the Village Creek Wastewater Treatment Plant. It was the consensus of the
City Council that the recommendation be adopted.
M&C C-13237 re There was presented Mayor and Council Communication No. C-13237 from the City Manager,
contract with Johnson as follows:
Yokogawa, Inc.
SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO THE DISTRIBUTED PROCESS CONTROL AND
INFORMATION SYSTEM UPGRADE, PHASE II, VCWWTP, JOHNSON YOKOGAWA,
INC.
RECOMMENDATION:
It is recommended that the City Council authorize Change Order No. 1, for a
deduction, in the amount of $26,478 to City Secretary Contract No. 18751 with
Johnson Yokogawa, Inc., for the Distributed Process Control and Information
System Upgrade, Phase II, revising the total contract cost to $3,324,940.
DISCUSSION:
The original contract awarded to Johnson Yokogawa (M&C C-12992, August 6, 1991)
included furnishing and programming an expansion of the Phase I computerized
control system to complete the installation of the distributed control system
for the remainder of the Village Creek Treatment Plant operations.
The Contractor has offered to replace the existing Phase I JC -5000 control
system with the newer model XL/S Control System which is now the standard
product offering of Johnson Yokogawa. The XL/S Control System will allow the
Phase I system to be updated and expanded with a technologically superior system
offering better performance and enhanced capabilities. An additional cost of
$171,838 will be incurred in the migration to the XL/S System.
In addition other items totaling $117,224 have been recommended to automate
permit reporting requirements and improve operator interface.
The proposed XL/S System provides standard features which will allow deletion
of other bid items totalling $202,804. Additional deductive items totaling
$112,736 are also recommended reducing the overall system cost by $26,478.
The net effect of the recommended change is as follows:
Original Contract Cost $3,351,418
Proposed Change Order 1 $ -26,478
Revised Contract Cost $3,324,940
The Construction Manager, Freese and Nichols, has assisted in the formulation
of the change order and has recommended its adoption by the City.
FISCAL INFORMATION/CERTIFICATION:
No funds are required.
Minutes of City Council T-3 Page 343
344
Tuesday, February 11, 1992
Council Member Meadows Council Member Meadows advised City Council that he has a business relationship with
re M&C C-13237 the firm of Freese and Nichols which 'is noted as a construction manager under Mayor and
Council Communication No. C-13237 and C-13238 and has been advised by the City Attorney that
since the contract is with another contractor and not with Freese and Nichols he will be
able to vote on Mayor and Council Communication No. C-13237 and C-13238.
Council Member Matson made a motion, seconded by Council Member Puente, that the
recommendation, as contained in Mayor and Council Communication No. C-13237, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C C-13238 re There was presented Mayor and Council Communication No. C-13238 from the City Manager,
contract with LEM as follows•
Construction Company
SUBJECT: PROPOSED CHANGE ORDER NO. 4 TO EAGLE MOUNTAIN WATER TREATMENT
PLANT, LEM CONSTRUCTION CO.
RECOMMENDATION:
It is recommended that the City Council authorize Change Order No. 4 in the
amount of $42,960.63 to City Secretary Contract No. 17792 with LEM Construction
Co. for construction of the Eagle Mountain Water Treatment Plant, revising the
total contract cost to $24,684,669.88.
DISCUSSION:
On April 10, 1990 (M&C C-12260 Revised), the City Council authorized the award
of a contract to LEM Construction Co. for construction of the Eagle Mountain
Water Treatment Plant.
During construction, it was determined necessary to modify the contract for a
complete, functional and operational plant. The contractor, LEM Construction
Co., will perform this additional work.for $42,960.63.
The proposed changes are:
1. Furnish and install underground conduit for the TU Electric equipment pad.
2. Add light switches and wiring for area lights in filter gallery.
3. Relocate FCU14 unit.
4. Add two pipe supports in treated water meter vaults.
5. Add twelve disconnect switches for filter inlet and outlet valves.
6. Add five telephone jacks in Administration building.
7. Lower gypsum ceiling in ozone building viewing room.
8. Relocate street light pole.
9. Furnish and install sole plates for high service pumps.
10. Add power and disconnect to'unit heater UH -5.
11. Modify MCC -F and add three power sources for the flocculator starter tank.
12. Increase and install larger size trusses in ozone building roof.
The net effect of the proposed change order is as follows:
Original Contract Cost $ 24,535,198.00
Extras to Date $ 106,511.25
Proposed Change Order No. 4 $ 42,960.63
Revised Contract Cost $ 24,684,669.88
The construction manager, Freese and Nichols, Inc., and the staff engineers of
the Water Department have reviewed the proposed charges and find them
reasonable.
FISCAL INFORMATION/CERTIFICATION:
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 Fund - Water.
C C-13238 adopted n motion of Council Member Woods, seconded by Council Member Puente, the recommendation was
dopted.
C C-13239 re There was presented Mayor and Council Communication No. C-13239 from the City Manager
ntract with Fort itating that the Fort Worth Cultural District Committee has developed a Cultural District
rth Cultural laster plan to provide oversight of the City's Cultural District; that the City has a
strict Committee ubstantial investment in this area; that, in addition to providing planning for the
mprovement and enhancement of the Fort Worth Cultural District, the Committee acts as
iaison between the public sector, private enterprise, and the foundations supporting this
ndeavor; that services to be performed relate to urban design considerations, as well as
oordination of citizen, business, and cultural institutions participation activities in the
ultural District; that the committee staff will meet as requested with City officials to
iscuss Cultural District matters; that the Cultural District Committee also receives grants
rom the Anne Burnett and Charles Tandy, the Amon G. Carter, and the Sid W. Richardson
oundations; that the Director of Fiscal Services certifies that funds required for this
Minutes of City Council T-3 Page 344
345
Tuesday, February 11, 1992
M&C C-13239 cont. expenditure are available in the current operating budget of the General Fund; and
recommending that the City Manager be authorized to execute a contract with the Fort Worth
Cultural District Committee for professional planning services, for the period of October
1, 1991, to September 30, 1992, in the amount of $31,500.00, for Cultural District planning
activities.
Council Member Meadows Council Member Meadows advised City Council that he along with Council Member Matson
re M&C C-13239 serves on the Cultural District Committee by the appointment of the City Council and at the
advise of City Attorney Adkins, they have no conflict of interest in voting on this item.
Council Member Meadows made a motion, seconded by Council Member Chappell, that Mayor
and Council Communication No. C-13239, be adopted. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
M&C FP -2920 re There was presented Mayor and Council Communication No. FP -2920 from the City Manager
contract with Circle recommending that the City Council accept as complete the contract with Circle C
C Construction Construction for Water Main Replacement in East Seminary Drive and authorize final payment
in the amount of $34,958.47 to Circle C Construction, bringing the final project cost to
$105,384.50 under City Secretary Contract No. 18659, with funds available in the current
capital budget, as appropriated, and the retainage account of the Water Capital Improvement
Fund. It was the consensus of the City Council that the recommendations be adopted.
M&C FP -2921 re There was presented Mayor and Council Communication No. FP -2921 from the City Manager
final payment to stating that the assessment paving of Lawnwood Avenue from Brandies to De Costa and Brandies
Architectural Street from Lawnwood to East 1st has been completed in accordance with contract plans,
Utilities, Inc. specifications, and requirements; and recommending that the City Council accept as complete
the assessment paving of Lawnwood Avenue from Brandies to De Costa and Brandies Street from
Lawnwood to East 1st; approve final assessment roll; authorize issuance of certificates as
evidence of the special assessments levied against the abutting property owners of Lawnwood
Avenue from Brandies to De Costa and Brandies Street from Lawnwood to East 1st; and
authorize final payment of $3,878.68 to Architectural Utilities, Inc., with funds available
in the capital budget, as appropriated, of the Street Improvements Bond Fund and the Grant
Fund. It was the consensus of the City Council that the recommendation be adopted.
M&C FP -2922 re
There was presented Mayor and Council Communication No. FP -2922 from the City Manager
contract with Martin
recommending that the City Council accept as complete the contract with Martin K. Eby
K. Eby Construction
Construction Company for Area III Secondary Treatment Rehabilitation, Phase IV -A, and
Company
authorize a Reconciliation Change Order No. 4 in the amount of $2,424.00 with 35 additional
days, and authorize final payment in the amount of $248,707.47 to Martin K. Eby Construction
Company, bringing the final project cost, including $63,093.31 in change orders, to
$4,928,093.31, under City Secretary Contract No. 18100. It was the consensus of the City
Council that the recommendations be adopted.
Zoning Hearing
Mr. Jerry Barton, representing the applicant, Anita Kinseth, for a change in zoning
Z-92-012
It appearing to the City Council that Resolution No. 1800 was adopted on January 21,
1992, setting today as the date for the hearing in connection with the recommended changes
and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has been given
Mr. A -.L. Dahl re
by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of
Z-92-012
Fort Worth, Texas, on January 24, 1992, Mayor Granger asked if there was anyone present
desiring to be heard.
Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City
Z-91-103 Council and advised Council that Zoning Docket No. Z-91-103, Text Amendment by amending
Section 1, Definitions, to include Reclamation by amending Section 20.C.2. Regulating
Quarries, Mines, Dredging Operation, Sand and Gravel Pits and Excavation Operations, was
presented to the City Zoning Commission as recommended by City Council to consider the
omission of two words "or waiver" on Page No. 4 of Section K that was added to the ordinance
by the City Council; that the City Zoning Commission has had a public hearing regarding this
issue and decided that the words "or waiver" should be deleted from the ordinance.
Mr. Brent Dickey re Mr. Brent Dickey, 3320 McLean, appeared before the City Council and requested that the
text amendment City Council give favorable consideration to the text amendment with the deletion of the
Z-91-103 words "or waiver" from the ordinance.
Mr. Larry Weatherley Mr. Larry Weatherley, representing Tarrant Nephrology Association for a change of
re Z-91-105 zoning of property located at 1000 W. Cannon from- "G" Commercial to "G/HC"
Commercial/Historic & Cultural Overylay Subdistrict, Zoning Docket No. Z-91-105, appeared
before the City Council and advised Council that he is present to answer any questions that
the City Council may have.
Mr. Joe Bilardi re
Mr. Joe Bilardi, Director of the Development Department, appeared before the City
Z-91-110
Council and advised Council that the text amendment ordinance amending the comprehensive
zoning ordinance of the City of Fort Worth, being Ordinance No. 3011, as amended, codified
as appendix "A" of the Code of the City of Fort Worth, Texas (1986), as amended, by amending
Section 1, Definitions, to include Yard, Protected Front; by amending Section 3, D.4(b)
regulating corner lots; by amending Section 16, C.1 regulating fences in front yards; Zoning
Docket No. Z-91-110, is to clarify the administrative regulations relative to projected yard
that encroaches onto a traditional side yard.
Mr. Jerry Barton re
Mr. Jerry Barton, representing the applicant, Anita Kinseth, for a change in zoning
Z-92-012
of property located at 4612 E. Lancaster Avenue, from "E" Commercial to "F -R" Restricted
Commercial, Zoning Docket No. Z-92-012, appeared before the City Council and requested that
the City Council give favorable consideration to the recommended change in zoning.
Mr. A -.L. Dahl re
Mr. A.L. Dahl, Chairman of the Meadowbrook Section Zoning Committee, 2312 Nottingham,
Z-92-012
appeared before the City Council and expressed opposition to the application of Anita
Kinseth, for a change in zoning of property located at 4612 E. Lancaster Avenue from "E"
Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-92-012.
Minutes of City Council T-3 Page 345
346
Tuesday, February 11, 1992
Ms. Gena Ferreira re Ms. Gena Ferreira, 4567 Meadowbrook Drive, appeared before the City Council and
Z-92-012 expressed opposition to the application of Anita Kinseth, for a change in zoning of property
located at 4612 E. Lancaster Avenue from "E" Commercial to "F -R" Restricted Commercial,
Zoning Docket No. Z-92-012, and presented a letter from the West Meadowbrook Neighborhood
Association urging the City Council to deny the request for a bar zoning.
Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City
Z-92-012 Council and advised Council that there is no outside storage in "F -R" Restricted Commercial
Zoning, but that alcoholic beverage is excluded from this zoning classification; and
explained various other uses that could possibly be located under this zoning
classification.
Z-91-103
There being no one else present desiring to be heard in connection with the
recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Meadows made
a motion, seconded by Council Member Silcox, that the hearing be closed and that the
recommended changes in zoning be approved, as follows:
Z-91-103 TEXT AMENDMENT
ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY AMENDING SECTION 1, DEFINITIONS, TO INCLUDE RECLAMATION;
BY AMENDING SECTION 20, C.2. REGULATING QUARRIES, MINES, DREDGING OPERATIONS,
SAND AND GRAVEL PITS AND EXCAVATION OPERATIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Z-91-105 Z-91-105 TARRANT NEPHROLOGY ASSOCIATION
11 by Larry Weat er ey
1000 W. Cannon
From "G" Commercial to "G/HC"
Commercial/Historic & Cultural
Overlay Subdistrict
Z-91-106II Z-91-106 ALBERT PEREZ b Anne Smith
1411 N. Commerce Street
From "B" Two -Family to "B/HC"
Two-Family/Historic and
Cultural Overlay Subdistrict
Z-91-107II Z-91-107 MANUEL RAMOS by Anne Smith
f415 --17N. Jones Street
From "B" Two -Family to "B/HC"
Two-Family/Historic and Cultural
Overlay Subdistrict
Z-91-108 Z-91-108 HARRIS METHODIST FORT WORTH
by James W. Schell -
11
1005 6th Avenue
From "D" Multi -Family to "G"
Commercial
Z-91-109 Z-91-109 JOHN R. BREWER by Darrell Sauls
2600 MLK Freeway US 287
From "E" Commercial to "FR"
Restricted Commercial
Z-91-110 11 Z-91-110 TEXT AMENDMENT
ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), AS AMENDED, BY AMENDING SECTION 1, DEFINITIONS, TO INCLUDE YARD,
PROJECTED FRONT; BY AMENDING SECTION 3, D.4(b) REGULATING CORNER LOTS; BY
AMENDING SECTION 16, C.1 REGULATING FENCES IN FRONT YARDS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Z-92-001II Z-92-001 RYDER TRUCK RENTAL, INC.
1315 Riverside Drive
From "J" Light Industrial and "K"
Heavy Industrial to "K Heavy
Industrial
Z-92-004II Z-92-004 FOREST C. BARBER & SUSAN MITCHELL
000 Race treet
From "E" Commercial to "J" Light
Industrial
Minutes of City Council T-3 Page 346
Tuesday, February 11, 1992
Z-92-005 Z-92-005 RICKEY LANE REED by James R. Wooten
4201 Miller Avenue and
4204 Hardeman Street
From "E" Commercial to "F -R"
Restricted Commercial
Z-92-006 Z-92-006 DON NORRIS INVESTMENTS by George Faris
5 8 North
From "K" Heavy Industrial to "K"
Heavy Industrial/Sign Subdistrict
Z-92-007 Z-92-007 CONTI INDUSTRIES INCORPORATED by
J. Searcy
3101 South Cravens Road
From "B" Two -Family to "I"
Light Industrial
Z-92-009 Z-92-009 J. D. Russell by Bill Boomer,
Land on nc.
5300 E. Loop 820 South
From "I" Light Industrial to "PD -SU" Planned
Development/Specific Use to allow for the manufacturing
of externally threaded fasteners (no motor over 25
horsepower) and all uses permitted in "I" Waiver of
Site Plan recommended.
Z-92-010 Z-92-010 TERRY MONTESI by Gary Teague
N.W. Corner of Byers Avenue and
Burton Hill Road
(5200-5300 Block of Byers Avenue)
Z-92-011
From "D" Multi -Family, "B"
Two -Family, and "ER" Restricted Commercial to "A"
One -Family subject to Federal Court approval under
docket No., CA4-82-347-E.
Z-92-011 ROBERT M. HOLT, JR.
3300 Avondale Avenue
From "A" One -Family to "A-H/C"
One -Family Historic/Cultural
347
Subdistrict
Z-91-086 Council Member Meadows made a motion, seconded by Council Member Chappell, that the
application of Rosemary Sampler for a change in zoning of property located at 1508
Oakland Boulevard from "A" One -Family to "A/HC" One -Family Historic/Cultural Subdistrict,
Zoning Docket No. Z-91-086, which application was recommended by the City Zoning
Commission for denial, be upheld. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Introduced an Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. 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; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11015 1 ORDINANCE NO. 11015
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED,
CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), AS AMENDED, BY AMENDING SECTION 1, DEFINITIONS, TO
INCLUDE RECLAMATION; BY AMENDING SECTION 20, C.2. REGULATING
QUARRIES, MINES, DREDGING OPERATIONS, SAND AND GRAVEL PITS AND
EXCAVATION OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Minutes of City Council T-3 Page 347
•
Tuesday, February 11, 1992
Ordinance No. 11015
cont. 11 SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 9.
This ordinance shall take effect and be in full force and effect from
and after its passage and publication as required by law, and it is so
ordained.
Introduced an Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. 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; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11016 11 1 ORDINANCE NO. 11016
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF FORT WORTH (APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH) BY PROVIDING A DEFINITION FOR PROJECTED FRONT YARD AND
ADDING PROJECTED FRONT YARD TO THE REQUIREMENTS OF SECTION 16.C.1
AND 3.d.4(h); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 11.
This ordinance shall take effect and be in full force and effect from
and after its passage and publication as required by law, and it is so
ordained.
Introduced an Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. 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; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
e ordinance, as adopted, is as follows:
Minutes of City Council T-3 Page 348
349
Tuesday, February 11, 1992
Ordinance No. 11017 11 ORDINANCE NO. 11017
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE
REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER
PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND
OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES,
OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION,
AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF
SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY
OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE
BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR
INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; -PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL CLAUSE PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Council Member Woods made a motion, seconded by Council Member Chappell, that Mayor
and Council Communication No. BH -0080 be reconsidered at this time. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Benefit Hearing It appearing to the City Council that the City Council on January 7, 1992, set
BH -0080 today as the date for benefit hearing in connection with the assessment paving of Moore
Street from Irion Avenue to Hale Avenue and that notice of the hearing has been given by
publication in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor
Granger asked if there was anyone present desiring to be heard.
Attention of the City Council was called to Mayor and Council Communication
No. BH -0080, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MOORE STREET FROM
IRION AVENUE TO HALE AVENUE (PROJECT NO. 67-040235)
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 Moore Street from Irion Avenue to Hale Avenue.
nTCrIICCTnN-
The 1986 Capital Improvement Program included funds for the improvement of
Moore Street from Irion Avenue to 800 feet South. The.Council District 2
representative authorized reconstruction to be extended approximately 400
feet to Hale Avenue using District 2 Undesignated Funds. The street is in the
Diamond Hill Target Area and has never previously been constructed to City
standards. Community Development Block Grant (CDBG).Funds will provide a
portion of the construction cost. One and two-family residences are not
assessed.
Moore Street will be constructed with standard concrete pavement. Standard
concrete driveways and sidewalks will be built where shown on the plans.
On January 7, 1992 (M&C G-9460), the City Council established February 11,
1992, 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
$
11,100.00
( 7%)
City's share of cost
$
149,873.00
( 93%)
Total cost
$
160,973.00
(100%)
Minutes of City Council T-3 Page 349
1/ 350
Tuesday, February 11, 1992
BH -0080 cont.
II There are no unusual situations on this project that require special City
Council consideration. .
The project is in Council DISTRICT 2.
Mr. Howard Carr re Mr. Howard Carr, 311 South Kimball Avenue, owner of Block 31, Lot R-13, Diamond
BH -0080 Hill Addition, appeared before the City Council and expressed opposition to the
assessment levied against his property, and advised Council that he purchased the
property for $325.00 and the assessment on the property is $600.00; and advised Council
that the paving of Moore Street is making it easier for the contractors to dump on his
property.
City Manager Ivory City Manager Ivory advised Council that there is no charge for citizens who can
BH -0080 produce a copy of a water bill or electric bill showing that they live within the City of
Fort Worth to use the Southeast Landfill Site.
Mr. Gary Santerre re Mr. Gary Santerre, Director of the Transportation and Public Works Department,
BH -0080 advised the City Council that he would be willing to meet with Mr. Carr however, the
assessment is consistent with the City Council's policy and explained that the Tarrant
Appraisal District appraised this property at $3,000.00 and that the proposed enhancement
is $2,000.00, but that Mr. Carr could speak with individuals at Tarrant Appraisal
District in order to decrease the appraisal on the property and advised the City Council
that, at the time of completion of the project, the City Council would be able to amend
the final assessment roll if Mr. Carr's property is reduced in value by Tarrant Appraisal
District.
There being no one else present desiring to be heard in connection with the benefit
hearing for the assessment paving of Moore Street from Irion Avenue to Hale Avenue,
Council Member Puente made a motion, seconded by Council Member Matson, that the City
Council adopt an ordinance closing the benefit hearing and levying the assessments. When
Is the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Matson. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
e ordinance, as adopted, is as follows:
Ordinance No. 11018 11
ORDINANCE NO. 11018
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF MOORE AVENUE FROM
IRION AVENUE TO HALE AVENUE, AND PORTIONS OF SUNDRY OTHER
STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH,
TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY
THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE
COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF
ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE
CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE
ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Brent Dickey re Mr. Brent Dickey, 3320 McLean, appeared before the City Council regarding the
sand and gravel inspection of sand and gravel operations located off of Northeast Loop 820 and Trinity
operation Boulevard and advised Council -that he had observed pits opened covering more than five
Cres of land and requested that City staff go out and measure the acreage and have the
situation corrected.
Assistant City Assistant City Manager Mike Groomer appeared before the City Council and advised
Manager Mike Groomer Council that the City of Fort Worth did place the contractor on formal notice to supply
re sand and gravel all of the survey notes regarding this mining project and that this matter is being
operation investigated by City staff.
City Attorney Adkins City Attorney Adkins advised the City Council of the involvement of Ms. Gail Baxter
re sand and gravel from the Code Enforcement Division and the Transportation and Public Works Department as
operation ell as the involvement of the Development Department with regard to the inspection of
he operation located off of Northeast Loop 820 and Trinity Boulevard.
Mr. Joe Bilardi re Mr. Joe Bilardi, Director of Development Department; appeared before the City
sand and gravel Council and advised the City Council that, if changes are to be made, it would be up to
operation he Board of Adjustment to make any changes after a public hearing has been conducted.
Met in closed or It was the consensus of the City Council that the City Council meet in closed or
executive session xecutive session to discuss Compensation of City Secretary, City Attorney, City Internal
uditor, and City Manager; and to seek advice of its attorney concerning the pending
litigation or other matters which are exempt from public disclosure by Article X, Section
Texas State Bar Rules:
a) Workers compensation hearing loss cases;
Minutes of City Council T-3 Page 350
Met in closed or
executive session
cont.
Reconvened into
regular session
Adjourned
Tuesday, February 11, 1992
b) Wastewater issues with the City of Arlington;
c) Burnett v. City of Fort Worth, Cause No. 348-93849-86
as authorized by Section 2(e) Article 6252, V.A.C.S., the Texas Open Meeting Act.
The City Council reconvened into regular session, with all members present.
There being no further business, the meeting was adjourned.
CIJA SECRETARY MAYOR
Minutes of City Council T-3 Page 351
351