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HomeMy WebLinkAbout1992/03/03-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of February 25, 1992 approved Boy Scout Troop # 326 Certificates of Recognition M&C No. G-9544 was withdrawn M&C No. G-9546 was withdrawn M&C Nox. G-9544 & G-9550 was withdrawn M&C No. G-9547 be cont. until March 12, 1992 City Manager Ivory re resolution iii the 4unii•- cipal Services Group be withdrawn and M&C C-13263 be withdrawn Consent agenda approved Resignation of Ms. Carolyn Ashford from the Citizens' Cable Board CITY COUNCIL MEETING MARCH 3, 1992 On the 3rd day of March, 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: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; with more than a quorum present, at which time the following business was transacted: The invocation was given by Acting City Secretary Gloria Pearson. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Webber, seconded by Council Member Woods, the minutes of the meeting of February 25, 1992, were approved. Introduced Boy Scout Troop #326, Elliott Briggs, Scout Master, and Ann Bracey, Merit Badge Counselor. Certificates -of Recognition will be mailed to former board and commission members. Council Member Silcox requested that Mayor and Council Communication No. G-9544 be withdrawn from the consent agenda. Council Member Chappell requested that Mayor and Council Communication No. G-9546 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication Nos. G-9544 and G-9550 be withdrawn from the agenda. Council Member Puente requested that Mayor and Council Communication No. G-9547 be continued until March 12, 1992. City Manager Ivory requested that the resolution approving the municipal lease with Municipal Services Group for equipment purchases be withdrawn from the agenda and that Mayor and Council Communication No. C-13263 be withdrawn from the agenda. On motion of Council Member Silcox, seconded by Council Member Chappell, the consent agenda, as amended, was approved. Council Member Chappell made a motion, seconded by Council Member Meadows, that the resignation of Ms. Carolyn Ashford from the Citizens' Cable. Board be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council T-3 Page 419 420 Tuesday, March 3, 1992 Withdrew Municipal It was the consensus or Lne %,11-y wunL11 6114%. .+1 + lUul terra w—.,y Services Group municipal lease with Municipal Services Group for equipment purchases be withdrawn from the agenda. Curfew Ordinance Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber that the removed from the table Curfew Ordinance be removed from the table for discussion at this time. When the motion was for discussion at this put to a vote by the Mayor, it prevailed unanimously. time Mr. William William- Mr. William Williamson, 5424 Odom Avenue, appeared before the City Council and advised the Council that the City Council needs to devise a way to hold parents responsible for son re Curfew Ordi- their children's actions and requested that the City Council give favorable consideration Hance to passage of the Curfew Ordinance. Mr. Emmett Allen re Mr. Emmett Allen, 3310 Mitchell Boulevard, appeared before the City Council and Curfew Ordinance expressed concerns relative to the City Council becoming involved in the parenting business; advised Council that the parents need to be more involved with their children; and urged the City Council to investigate the constitutionality of the Curfew Ordinance and to approve the ordinance as soon as possible. Ms. Mary Mitchell re Ms. Mary Mitchell, 2204 Hurley, appeared before the City Council and requested that Curfew Ordinance the City Council give favorable consideration to passage of a curfew ordinance. Mr. Frank Colosi re Mr. Frank Col osi, Attorney for American Civil Liberties Union, 2508 Meadowpark Circle, Curfew Ordinance Bedford, Texas, appeared before the City Council and advised Council that he is not against a curfew but, the way the City Council proposes to implement certain portions of the Curfew Ordinance is unconstitutional, citing the Section of the Curfew Ordinance whereby a law enforcement officer may stop or detain persons who may appear to be under the age of 16 or detain a motor vehicle upon reasonable suspicion that occupants of the automobile are believed to be 16 years of age or under; and advised Council that the ACLU will be watching the Curfew Ordinance carefully. Council Member Chappell made a motion, seconded by Council Member Silcox, that the ordinance amending Chapter 23 of the Fort Worth City Code by adding Section 23-17 to establish a curfew for children during nocturnal hours, provide penalties for violation and provide for other matters related thereto, be approved. Chen 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: Council Member Meadows ABSENT: None Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: Council Member Meadows ABSENT: None The ordinance, as adopted,,is as follows: Ordinance No. 11031 1 ORDINANCE NO. 11031 AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCELLANEOUS PROVISIONS% OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW SECTION 23-17, "CURFEW REGULATIONS FOR CHILDREN", TO ESTABLISH A CURFEW FOR CHILDREN DURING NOCTURNAL HOURS, TO PROVIDE CERTAIN REGULA-TIONS CONCERNING THE USE OF STREETS AND PUBLIC PLACES BY CHILDREN DURING NOCTURNAL HOURS, AND TO PROVIDE FOR RELATED MATTERS SUCH AS AFFIRMATIVE DEFENSES AND PARENTAL RESPONSIBILITIES; PROVIDING FOR PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE AND A SUNSET PROVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 10. EFFECTIVE DATE AND SUNSET PROVISION A. This ordinance shall take effect on April 1, 1992, and it is so ordained. B. This Ordinance shall remain in effect until midnight on March 31, 1994. Before that date, City Council will review the enforcement of this Ordinance and the number of offenses committed ;by,and against -children, will determine whether the Ordinance has been effective in reducing such offenses, and will decide whether the Ordinance should remain in effect after March 31, 1994. Policy Proposal No. There was presented Policy Proposal No. CP -171 as proposed by Mayor Granger and CP. -171 Moratorium on Council Member Woods, as follows: Demolition or Removal li of Certain Historic buildings and Struc- tures Minutes of City Council T-3 Page 420 421 Tuesday, March 3, 1992 CP -171 cont. II SUBJECT: Adoption of Ordinance Imposing Moratorium on Demolition or Removal of Historic Buildings and Structures PROPOSAL It is proposed that the City Council adopt the attached ordinance which imposes a moratorium on the demolition or removal of certain historically significant buildings and structures, and on the issuance of City permits for the demolition or removal of such buildings and structures, which moratorium would remain in effect until midnight on September 2, 1992. DISCUSSION: Two historically significant buildings have recently been demolished in the City of Fort Worth. It is proposed that a moratorium be imposed on the demolition or removal of historically significant buildings and structures, and on the issuance of permits for such demolition or removal, for a period of six months. During this time a study would be made of the City codes and ordinances which regulate historic buildings and structures. The Landmark Commission and Zoning Commission would determine whether more effective code and ordinance provisions could be adopted to protect and preserve such buildings and structures in the City of Fort Worth. Proposed revisions then would be recommended to the City Council. If adopted, the attached ordinance would impose the moratorium until midnight on September 2, 1992. The moratorium would apply to buildings and structures identified as primary resources for potential listing in the National Register of Historic Places by the City of Fort Worth's survey of historic resources, or those listed in the National Register of Historic Places. The moratorium would not apply to buildings or structures owned by the Federal Government of State of Texas, nor would it limit power of the City to order the demolition of a building or structure which is determined by the building official to be such a threat to the health, safety, or welfare of the community that its immediate demolition is warranted. LEGALITY: Ms. Alice Marie Lewis This proposal is within the powers of the City Council and there is no known re CP -171 legal impediment to its implementation. CITY MANAGER'S COMMENTS: Mr. Phil Bordeleau re The City Manager has reviewed this proposal and has no objections to it. Mr. Tom Reynolds re Mr. Tom Reynolds, Chairman of the Historic and Cultural Landmark Commission, 500 CP -171 Throckmorton Street, Suite 1910, appeared before the City Council and requested that the City Council give favorable consideration to the adoption of an ordinance imposing moratorium on demolition or removal of certain historic buildings and structures. Ms. Terri Ellis re Ms. Terri Ellis, 1205 Mistletoe Drive, Chairman of the Historic Preservation Council CP -171 for Tarrant County, Texas, appeared before the City Council and requested that the City CP -171 Council grant its support for the moratorium on demolition or removal of certain historic buildings and structures and presented the City Council with copies of a petition, with over 900 signatures requesting a stronger preservation ordinance in order to stop continued destruction of Fort Worth's historic structures. Mr. Michael McDermott Mr. Michael McDermott, 1710 Fairmount Avenue, appeared before the City Council and re CP -171 expressed concerns about the demolition of the two historic structures on last week and requested that the City Council give favorable consideration to the adoption of an ordinance imposing a moratorium on demolition or removal of certain historic buildings and structures.. Mr. Lance Williams re CP -171 Mr. Lance Williams, 7432 Culver Avenue, appeared before the City Council and advised City Council that he has a 20 year old scrap book that show the history of the City of Fort Worth and advised Council that he and a friend have distributed over 45,000 fliers in order to get the word out to the citizens of Fort Worth to preserve the heritage and requested that the City Council give favorable consideration to the adoption of an ordinance imposing a moratorium on demolition or removal of certain historic buildings and structures. Ms. Alice Marie Lewis Ms. Alice Marie Lewis, 1407 Grand Avenue, appeared before the City Council and re CP -171 requested that the City Council give favorable consideration to the adoption of an ordinance imposing a moratorium on demolition or removal of certain historic buildings and structures. Mr. Phil Bordeleau re .. ' CP -171 Mr. Phil Bordeleau, representing the Fairmount Neighborhood Association, 1909 Alston Avenue, appeared before the City Council and requested that -the City Council give favorable consideration to the adoption of an ordinance imposing a moratorium on demolition or removal of certain historic buildings and structures and presented signed statements from the Fairmount resident requesting to remain under the "HC" zoning designation. Ms. Libby Willis re CP -171 Ms. Libby Willis, representing the National Trust for Historic Preservation, 500 Main Street, No. 606, appeared before the City Council and requested that the City Council give favorable consideration to the adoption of an ordinance imposing a moratorium on demolition or removal of certain historic buildings and structures. Ms. Mary Mitchell re Ms. Mary Mitchell, 2204 Hurley, appeared before the City Council regarding the "HC" CP -171 zoning designation and advised Council that she did not sign the petition and requested that she be removed from the "HC" zoning classification. Minutes of City Council T-3 Page 421 I 422 Tuesday, March 3, 1992 Mayor uranger re Mayor Granger referred Ms. Mitchell to Mr. John Garfield of the Development Ms. Mitchell to Mr. Department. John Garfield City Attorney Adkins City Attorney Adkins advised City Council that a revised ordinance is before the City re revised Ordinance Council which contains the language discussed in the Pre -Council meeting earlier for City Council's approval. Council Member Woods made a motion, seconded by Council Member Chappell, that the recommendation as contained in Policy Proposal CP -171, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Woods introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Ordinance No. 11032 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. 11032 AN ORDINANCE IMPOSING A MORATORIUM ON THE DEMOLITION OR REMOVAL OF CERTAIN HISTORICALLY SIGNIFICANT BUILDINGS AND STRUCTURES IN THE CITY OF FORT WORTH AND ON THE ISSUANCE OF PERMITS FOR SUCH DEMOLITION OR REMOVAL, WHICH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON SEPTEMBER 2, 1992, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH MORATORIUM BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE LANDMARK COMMISSION, ZONING COMMISSION AND CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO HISTORIC BUILDINGS AND STRUCTURES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. That this ordinance shall be in full force and effect from and after its passage and publication, and it is so ordained. Mayor Granger re Mayor Granger announced that a City-wide redistricting public hearing will be held on City-wide redistrict- Thursday, March 5, 1992, at 7:00 p.m. at City Council Chambers; that citizens are invited ing public hearing to attend and make comments on the citizens plan submitted for City Council consideration; and that revisions on these plans and/or new proposed plans will be accepted at this meeting for Council's consideration. Council Member Silcox Council Member Silcox expressed appreciation to the Fire Department for its ingenuity re appreciation to the in purchasing a hoover -craft -for the Fire Department in order to save lives and also advised Fire Department citizens of the graduation ceremony for Police Class No, 83 at. 7:00 p.m. on March 6, 1992. City Council Municipal There was presented City Council Municipal Court Advisory Committee Policy No. 25 from Court Advisory the City Manager, as follows: Committee Policy No. 25 Appointment of SUBJECT: Appointment of Municipal Judge Pro tem - James 0. Price Municipal Judge Pro tem James 0. price POLICY: It is recommended that the City Council appoint James 0. Price as a municipal judge pro tem for a one year term beginning on the date of appointment. DISCUSSION: State law provides that a majority of the City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death or illness, continuing legal or judicial education programs, or for other reasons. The Chief Judge selects one of the persons appointed by governing body to serve during such an absence. Gov. Code §30.144(1). The judges pro tem serve for a term of one year. City Code, Sec. 10-3. Minutes of City Council T-3 Page 422 423 Tuesday, March 3, 1992 CCMCADCP No. 25 The Municipal Courts Advisory Committee, at its regular meeting on cont. February 25, 1992, voted to recommend the appointment of the above named individual by the City Council to the office of municipal judge pro tem, acting on the recommendation of the Chief Judge. CCMCADCP No. 25 On motion of Council Member Chappell, seconded by Council Member Meadows, the recommendation adopted was adopted. City Council Municipal There was presented City Council Municipal Court Advisory Committee Policy No. 26 from Court Advisory the City Manager, as follows: Committee Policy No. 2 Appointment of Munici- SUBJECT: Appointment of Municipal Judge Pro tem - Yolanda Ayala Bernal pal Judge Pro tem Yolanda Ayala Bernal POLICY: It is recommended that the City Council appoint Yolanda Ayala Bernal as a municipal judge pro tem for a one year term beginning on the date of appointment. DISCUSSION: State law provides that a majority of the City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death or illness, continuing legal or judicial education programs, or for other reasons. The Chief Judge selects one of the persons appointed by governing body to serve during such an absence. Gov. Code §30.144(1). The judges pro tem serve for a term of one year. City Code, Sec. 10-3. The Municipal Courts Advisory Committee, at its regular meeting on February 25, 1992, voted to recommend the appointment of the above named individual by the City Council to the office of municipal judge pro tem, acting on the recommendation of the Chief Judge. CCMCADCP No. 25On motion of Council Member Chappell, seconded by Council Member Silcox, the recommendation adopted was adopted. M&C OCS-397 Liability There was presented Mayor and Council Communication No. OCS-397 from the Office of the Bonds City Secretary recommending that the City Council authorize the acceptance of liability bonds as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY Tim Pulliam Concrete Western Surety Company Jim Birge & Co., Inc. Western Surety Company M&C OCS-397 adopted It was the consensus of the City Council that the recommendation be adopted. M&C OCS-398 Claims There was presented Mayor and Council Communication No. OCS-398 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: Herbert S. Drew 1. Claimant: Herbert S. Drew Date Received: February 20, 1992 Date of Incident: February 5 or 6, 1992 Location of Incident: 3837 Westcliff Road South Estimate of Damages/ Injuries: t $147.36 Nature of Incident: Claimant alleges damages to property sustained as a result of repairs to leaking water line made by the Water Department. Reginal W. Young 20 Claimant: Reginal W. Young Date Received: February 24, 1992 Date of Incident: April 23, 1988 Location of Incident: 1413 Edgewood Terr. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages sustained as a result of spending 3 years awaiting trial that resulted in a dismissal of the charges twice. A.T.S. 3. Claimant: A.T.S. Date Received: February 24, 1992 Date of Incident: January 3, 1992 Attorney: Bishop, Payne, Williams & Werley, L.L.P. Location of Incident: Undeclared Estimate of Damages/ Injuries: 100,000.00 Nature of Incident: Claimant alleges damages as a result of the City of Fort Worth's removal of the claimant from the wrecker rotation list. Trinity Universal 4. Claimant: Trinity Universal Insurance Companies Insurance Companies Date Received: February 24, 1992 Date of Incident: August 13, 1991 Location of Incident: Intersection of Beach Street•& Interstate 30 Estimate of Damages/ Injuries: $2,778.71 Minutes of City Council T-3 Page 423 I 424 ,Tuesday, March 3, 1992 rinity Universal Nature of Incident: Claimant alleging subrogation rights on behalf of nsurance Companies its client, Tarrant Elevator Service, Inc. laim cont. elbert Price 5. Claimant: Delbert Price Date Received: February 24, 1992 Date of Incident: January 15, 1992 Attorney: James Stanley Location of Incident: Intersection of Long & Ross Streets Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to automobile sustained as a result of a vehicular accident involving another vehicle being chased by Police. ina T. Van Buskirk 6. Claimant: Gina T. Van Buskirk Date Received: February 24, 1992 Date of Incident: December 23, 1991 Location of Incident: 1513 Hall Street Estimate of Damages/ Injuries: $53.00 Nature of Incident: Claimant seeking to recover cost of plumbing bill allegedly incurred due to a problem with City sewer lines. dalena Dodds McElroy 7. Claimant: Idalena Dodds McElroy Date Received: February 25, 1992 Date of Incident: 1991 Location of Incident: 2413-15 Ward Estimate of Damages/ Injuries: $4,600.00 - $6,200.00 Nature of Incident: Claimant alleges damages to property sustained as a result of sewer back-up. udential Property 8. Claimant: Prudential Property and Casualty (Lara Casualty (Lara Gordon) rdon) Date Received: February 26, 1992 Date of Incident: February 5, 1991 Location of Incident: A.A. Wrecking Estimate of Damages/ Injuries: $4,000.00 Nature of Incident: Claimant alleges that Police Department's delay in releasing a stolen automobile resulted in unnecessary storage fee. im Reeves 9. Claimant: Tim Reeves Date Received: February 26, 1992 Date of Incident: February 13, 1992 Location of Incident: 820 East at Whitesettlement Rd. Estimate of Damages/ Injuries: $224.87 - $225.31 Nature of Incident: Claimant alleges damages to his automobile the result of gravel being thrown from a City -owned truck. (Water) Mitchell, Jr. 10. Claimant: Hardy Mitchell, Jr. Date Received: February 26, 1992 Date of Incident: Undeclared Location of Incident: 6400 Truman Dr. & 2200 Tanney Hill Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and bodily injuries and damages to vehicle the result of road conditions. illy J. Sewell 11. Claimant: Billy J. Sewell Date Received: February 20, 1992 Date of Incident: Undeclared Attorney: Ronald G. Couch Location of Incident: Vine Street Estimate of Damages/ Injuries: $1,000,000.00 Nature of Incident: Claimant alleges injuries and damages incurred as a result of paying attorney's fees to defend citations, suffered emotional distress, mental anguish and declining health and financial decline. Star Gas (Jim Hornl 12. Claimant: Lone Star Gas (Jim Horn) Date Received:., February 24, 1992 Date of Incident: July 17, 1991 Location of Incident: 6516 Fortune Rd. Estimate of Damages/ Injuries: $368.28 Nature of Incident: Claimant alleges damages to property and is seeking to recover cost of repairs. C OCS-398 adopted IlIt was the consensus of the City Council that the recommendation be adopted. Minutes of City Council T-3 Page 424 425 Tuesday, March 3, 1992 M&C OCS-399 There was presented Mayor and Council Communication No. OCS-399 from the Office of the Correspondence from City Secretary recommending that correspondence from Regena Nixon, Howard Nixon, Anna Regena Nixon, Howard Hornbeck, Mr. Dean Smith, and Mrs. Viola Merry expressing opposition to "sexual orientation" Nixon, Anna Hornbeck, being added to the list of protected civil rights and correspondence from Ms. Janet LaFonte, Mr. Dean Smith, and expressing opposition to the proposed paid parking in the Cultural District be referred to Mrs. Viola Merry re the Office of the City Manager. It was the consensus of the City Council that the sexual orientation recommendation be adopted. Benefit Hearing re It appearing to the City Council that the City Council on February 4, 1992, set today Cannon Street from as the date for benefit hearing in connection with the assessment paving of Cannon Street Virginia Avenue to from Virginia Avenue to Exeter Street and that notice of the hearing has been given by Exeter Street publication in the Fort Worth Commercial Recorder, the official newspaper of the City of BH -0083 Fort Worth, Texas, 6-5—Fe ary 6, 7, and 10, 1992. 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 -0083 appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement; that 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 -0083, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CANNON STREET FROM VIRGINIA AVENUE TO EXETER STREET (PROJECT NO. 67-040146) 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 benefitted in enhanced value in improvement of Cannon Street from DISCUSSION: the abutting property is specially excess of the amount assessed for the Virginia Avenue to Exeter Street. The 1986 Capital Improvement Program included funds for the improvement of Cannon Street from Virginia Avenue to Exeter Street. The street is in the Near Southeast 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. Cannon Street will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On February 4, 1992 (M&C G-9490); the City Council established March 3, 19922 as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 8,200.00 ( 4%) City's share of cost $ 220,490.00 ( 96%) Total cost $ 228,690.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in DISTRICT 8. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Cannon Street from -Virginia Avenue to Exeter Street, Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that an ordinance be adopted closing the benefit hearing and levying the assessments as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Mayor Pro tempore Webber introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 425 Tuesday, March 3, 1992 Ordinance No. 11033 11 ORDINANCE NO. 11033 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CANNON STREET FROM VIRGINIA AVENUE TO EXETER STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL .THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY, CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-9525 re There was presented Mayor and Council Communication No.. G-9525, dated February 25, rental rate for 1992 from the City Manager, as follows: Cowtown Coliseum SUBJECT: RENTAL RATES FOR THE COWTOWN COLISEUM AND ADJACENT OUTDOOR FACILITIES RECOMMENDATIONS: It is recommended that the City Council approve the revised rental rates for the Cowtown Coliseum and the adjacent outdoor facilities as outlined below. DTSCIISS TnN- In a continuing effort to increase revenues and decrease the amount of subsidy by the City for daily operations of the Coliseum, it is proposed that new rental rates be established. At the current time, there is a distinction between Prime Time rates (Friday night, Saturday and Sunday) and Non -Prime Time rates (weekday or weeknight, Monday -Thursday). The cost to provide heat or air and to provide clean-up remains the same regardless of the day of the week, thus the recommendation that there be no difference in daily rental rates. In addition, there is currently a difference in rental rates for profit or non- profit groups. It is staff's opinion that profit and non-profit groups should pay the same rates since operational costs are the same and any reduction would result in using City funds for the difference. Current Rental Rates: Prime Time Profit Non -Profit 1. Coliseum Rental $750 against 10% $500 against 10% (includes outdoor arena) gross ticket sales gross ticket sales Non -Prime Time 2. Gazebo and Rodeo Plaza $250 against 10% $100 gross ticket sales $500 $200 (Current rates are same for both Prime and Non -Prime Times) 3. General A. All food and beverage services are handled through the -City's vendor with the City receiving 25% of gross food sales and 28% of beer and liquor sales, after taxes. B. When concessions are sold in the Gazebo and/or Rodeo Plaza by anyone other than the City's:vendor, the City receives 25% of gross food sales and 28% of beer and liquor sales, after taxes. C. Lessee shall provide at its expense insurance, security, stagehand(s) and box office, door and usher personnel. Proposed Rental Rates 1. Coliseum Rental (includes outdoor arena) $750 Move -In Only (one-half of rental cost) $375 2. Gazebo and Rodeo Plaza 3. General $500 A. All food and beverage services are handled through the City's vendor with the City receiving 25% of gross food sales and 28% of beer and liquor sales, after taxes. B. When concessions are sold in the Gazebo and/or Rodeo Plaza by anyone other than the City's vendor, the City receives 25% of gross food sales and 28% of beer and liquor sales, after taxes. Lessee shall provide at its expense insurance, security, stagehand(s) and box office, door and usher personnel. Minutes of City Council T-3 Page 426 427 Tuesday, March 3, 1992 M&C G-9525 cont. FISCAL INFORMATION/CERTIFICATION: Cowtown Coliseum personnel will be responsible for collection and deposit of these rental fees. M&C G-9525 adoptedOn motion of Council Member Meadows, seconded by Council Member Puente, the recommendation was adopted. M&C G-9526 re There was presented Mayor and Council Communication No. G-9526, dated February 25, subrogation of in- 1992, from the City Manager stating that subrogation revenue was collected by the Risk surance claims Management Department claims office for damages the City incurred, for which other parties were responsible; that Table A lists the departments whose losses were recovered and the respective fiscal year quarters during which revenue was collected and details on the self- insured property losses are included on Table B; that the Director of Fiscal Services certifies that sufficient funds are available for this ordinance in the Unreserved, Undesignated Fund Balance of the Insurance Fund; and recommending that the City Council approve the following transactions: 1. Adopt the attached supplemental appropriations ordinance increasing appropriations by $227,670 in the Property and Casualty Insurance Fund for subrogation of insurance claims in FY 1990-91, and 2. Authorize the City Manager to transfer the subrogated amounts listed to the following funds: General Fund $147,058 Equipment Services Fund 7,678 Solid Waste Fund 2,997 Water and Sewer Operating Fund 6,655 Total $164,388 3. Authorize the City Manager to transfer the amounts listed for self- insurance unreimbursed property losses sustained by the following funds in FY 1990-91: General Fund Golf Course Fund Airport Fund $ 60,222 2,860 200 Total $ 63,282 M&C G-9526 adopted It was the consensus of the City Council that the recommendations be adopted. (The Risk Management Department subrogation revenue in FE71 (Table A) and Property and Casualty Insurance Fund for Fiscal Year 90-91 (Table B) is incorporated herein by reference thereto and is included in the Council proceedings file of the meeting of February 25, 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 Meadows. 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: 11 Ordinance No. 11034 ORDINANCE NO. 11034 AN ORDINANCE INCREASING APPROPRIATIONS IN THE PROPERTY AND CASUALTY INSURANCE FUND IN THE AMOUNT OF $227,670.00 FOR THE PURPOSE OF TRANSFERRING FUNDS COLLECTED BY THE RISK MANAGEMENT DEPARTMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR.ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9536 re There was presented Mayor and Council Communication No. G-9536, dated February 25, awarded grants for 1992, from the City Manager, as follows: Code:Blue , Community Grant Program SUBJECT: AWARD OF GRANTS FOR ROUND TWO OF THE CODE:BLUE COMMUNITY GRANT PROGRAM RECOMMENDATION: Minutes of City Council T-3 Page 427 I Tuesday, March 3, 1992 M&C G-9536 cont. 11 It is recommended that the City Council: 1. Award a grant to the organizations listed below, and 2. Approve the transfer of $48,889 from General Fund Nondepartmental to Special Trust Fund, various projects as listed below, and 3. Authorize the City Manager to enter into contracts with the agencies in the total amount of $43,889, and 4. Authorize the establishment of a project in the amount of $5,000 to handle administrative costs associated with the CODE:BLUE Grant Program and the "Weed and Seed" program. DISCUSSION: The 1991-92 adopted budget includes $3,174,825 for a city-wide crime prevention program which has been labeled CODE:BLUE. Included in that total is $250,000 that has been designated for award of grants to community-based organizations for the purpose of carrying out activities aimed at reducing crime. The City Council approved an eight member committee consisting of the following representatives to review all grant applications: 1. Fort Worth League of Neighborhoods 2. Citizens Crime Commission of Tarrant County 3. Crime Watch Representative 4. United Way of Tarrant County 5. Fort Worth Police Department 6. Park and Recreation Department 7. Department of Housing and Human Services 8. City Manager's Office A total of 93 grant applications were received from various community groups and organizations. On January 28, 1992 (M&C C-13227), the City Council awarded 19 grants in the amount of $114,745 to various agencies. The Grant Review Committee (GRC) met on February 12, 1992, to review grant applications received during the second round, as well as those from agencies that submitted multiple applications that were not considered for funding during the first round. The recommended funding level for the second round is $43,889, resulting in a total of $158,634 for both rounds. The City is in the process of applying for a "Weed and Seed" grant from the U.S. Department of Justice to address crime problems in a section of southeast Fort Worth. No funding is available to handle the costs associated with public meetings, copying, graphics, etc. In addition, none of the CODE:BLUE grant funds were set aside to handle costs associated with administering the program. It is estimated the $5,000 should be sufficient to cover administrative costs for "Weed and Seed" and the CODE:BLUE grant program. Approximately $86,366 will remain in the grant program after the above expenditures. Staff recommends that a third round of funding not be held at this time. Those programs that have been approved for funding will be evaluated between now and September 30, 1992. A decision can be made prior to October 1, 1992, on whether to solicit additional proposals for the remaining funds. PROPOSED GRANT RECIPIENTS: The GRC is recommending that the following organizations be awarded CODE:BLUE community grants for the period ending September 30, 1992: 1. McDonald Branch YMCA - Forest Oak Y -Pal (Police Athletic League) $5,900 2. Southwest Branch YMCA - Rosemont Y -Pat (Police Athletic League) 5,900 3. Eastside YMCA - Handley Y -Pal (Police Athletic League) 5,900 4. Boys and Girls Club of Greater Fort Worth (J. A. Caville Branch) 5,086 5. Arlington Heights East Neighborhood Association 588 6. Friends of Old Fire Station No. 10, Inc. 9,265 7. East Fort Worth Crime Watch Association 4,500 8. Fort Worth Theatre 2,900 9. R. L. Paschal High School PTA/Administration/ Management Plan 3,850 TOTAL $43,889 Minutes of City Council T-3 Page 428 429 Tuesday, March 3, 1992 Attached is a description of each of the projects, the population to be served G-9536 cont. and proposed use of funds. A complete copy of each proposal is available for review in the City Manager's office. PROPOSED CONTRACT: A copy of the standard contract each organization will be required to sign is attached. The general terms and conditions are outlined below: 1. grantees shall maintain a separate account of these funds, 2. All expenditures will be in accordance with grantees' budget that is included with the application, 3. Since the City Council has not obligated funds beyond September 30, 1992, all contracts expire on that date. Any funds remaining shall be returned to the City. 4. The City has the right to audit use of grant funds, and 5. Grantees agree to provide the City with a written final report on its activities funded under the CODE:BLUE program on or before October 30, 1992. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure will be available in the Special Trust Fund upon approval of Recommendation No. 2. Ms. Eva Herrera re Ms. Eva Herrera, 4405 Hardy, appeared before the City Council on behalf of Diamond M&C G-9536 Hill Area Code:Blue Program and advised City Council that their problem in the Diamond Hill area deals mainly with the youth and requested that grant money be provided for the purchase of gasoline so that the neighborhood patrol can continue to deter car thefts in this area. Mr. Ted Settle re Mr. Ted Settle, 2313 South Adams, appeared before the City Council as one of the four M&C G-9536 neighborhoods requesting the renovation of Fire Station No. 10 and advised Council that they currently have a Citizens on Patrol Group and that this fire station will be a base station of operation for these Citizens on Patrol Group. Mr. Fernando Florez re Mr. Fernando Florez, Chairman of the South Hemphill Heights Neighborhood Association, M&C G-9536 appeared before the City Council and requested that the City Council give favorable consideration for the Friends of Old Fire Station No. 10, Inc., by the award of Code:Blue Community Grants. Mr. Jimmy Hodges re Mr. Jimmy Hodges, 2940 South Jennings, Apartment A, appeared before the City Council M&C G-9536 representing the Jennings May St. Louise Neighborhood Association in support of the project to create a base station at Fire Station No. 10 for the Citizens on Patrol Groups for the four neighborhood associations involved. Mr. Lupe Hoyos re Mr. Lupe Hoyos, 3110 North Hampton, appeared before the City Council and requested M&C G-9536 that the City Council give favorable consideration to the proposal for Citizens on Patrol under the Code:Blue Grant Program. Mr. Clyde Picht re Mr. Clyde Picht, President of Wedgewood East Neighborhood Association, appeared before M&C G-9536 the City Council and advised City Council that they presented a proposal in the second round of funding for the Code:Blue Community Grant Program but were turned down and advised Council that other organizations have been awarded grants that, in his opinion, do not meet the criteria that the Code:Blue grant money was set aside for; and requested that the entire program be placed on hold until the City Council decides exactly how the money may or may not be used. Council Member Chappel Council Member Chappell advised City Council that he has a conflict of interest in re M&C G-9536 conflict voting on Fort Worth Theater as one of the grant- recipients on Mayor and Council of interest Communication No. G-9536 and requested that the City Council take a separate vote on this item. Council Member McCray made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. G-9536 be approved, with the exception of Fort Worth Theater. 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, Matson, McCray, Woods, Meadows, and Chappell NOES: Council Member Silcox ABSENT: None Council Member Meadows made a motion, seconded by Council Member McCray, that the award of grants to Fort Worth Theater 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 429 430 Tuesday, March 3, 1992 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, M&C G-9536 cont. Matson, McCray, Woods, and Meadows NOES: Council Member Silcox ABSENT: None NOT VOTING: Council Member Chappell Mr. Sheldon Fields re Mr. Sheldon Fields, 1116 West Arlington Avenue, appeared before the City Council and CODE:BLUE expressed appreciation to the City Council for the Code:Blue and Citizens on Patrol programs; advised Council that the programs are working well; and advised Council of the growing interest by other neighborhoods after going through the Code:Blue sessions. Mrs. Roberta Florez r Mrs. Roberta Florez, 2744 Hemphill, appeared before the City Council and requested all CODE:BLUE of the citizens in the audience involved in the Code:Blue program to stand and applaud the City Council for it's efforts and support of the community. M&C G-9538 re There was presented Mayor and Council Communication No. G-9538 from the City Manager disposal of public stating that records belonging to the Development Department have been targeted for records in the De -_."t,1 disposition; that the original paper records have been microfilmed for permanent velopment'Department preservation; that procedures for disposal of public records outlined in City of Fort Worth Administrative Regulation 1-30 were followed; that the requests to dispose of the records were reviewed and approved by Development, Law, Internal Audit, Risk Management departments, and the Records and Information Management Office; and recommending that the City Council approve the disposal of 5.0 volumes of ordinance inspections approved and turned down beginning January 1989 through June 1989. It was the consensus of the City Council that the recommendation be adopted. M&C G-9539 re There was presented Mayor and Council Communication No. G-9539 from the City Manager rec6rds'.An"the."lealt stating that records belonging to the Health Department have been targeted for disposition; records'in"+ he Health that procedures for disposal of public records outlined in City of Fort Worth Administrative Departments; _ s. Regulation 1-30 were followed; that the requests to dispose of the records were reviewed and G iff`p, ,r; approved by Health, Law, Internal Audit, Risk Management departments, and the Records and Y Information Management Office; and recommending that the City Council approve the disposal lof public records, as follows: Records Title Dates Volume Administrative files 198-88 Disposition Books 1983-1986 Bite Consult Doctor Pads No Dates City Tags 1983 Animal Control Complaint Records 1985 Animal Pickup Reports 1984,1985,1987 Folders of complete tag and release sheets 1983-1988-1989 P.T.S. Sheets -Jan -Dec. Head Ship, Humane Society 1986 Cat Traps released to public and Field Reports 1986 Monthly Summary Reports, front office reports, 1984-1989 Euthanasia information and Daily Summary 1984-1989 Daily activity, Bite Reports and Initial Bite Report 1985-1986 Dispatch Operations Log 1985-1986 Daily Pickup reports, Daily activity 10-88,2-90 Tag Sheets, Adoption forms, deposit, Recap Sheets, and 10-88,12-89 Release Forms Receipts, -1988, City License, impound, Adoption, 1985-1988 Receipt Books City Tag information and Mail Outs 1988 Vaccination receipts and City Tag receipts 1988 32 c.f. M&C G-9539 adopted It was the consensus of the City Council that the recommendation be adopted. M&C G-9540 re There was presented Mayor and Council Communication No. G-9540 from the City Manager, settlement of lawsuit as follows: styled M. Akram Chaudhry SUBJECT: SETTLEMENT OF LAWSUIT STYLED M. AKRAM CHAUDHRY, ET AL VS. GRIFFIN AMUSEMENT CO., INC., ET AL CAUSE NO. 67-119883-89 RECOMMENDATION: It is recommended that the City Council: 1. Approve the below described settlement of the referenced lawsuit, and 2. Approve a $12,000 bond fund transfer from the Pavement Replacement Unspecified Project to the Fields Welch Addition, Lots 1-4, Block C, Storm Drain Project in the Street Improvements Bond Fund, and 3. Authorize the expenditure of $10,200 as the City's portion of this compromise settlement, and 4. Authorize the appropriate City personnel to execute the documents necessary to complete the settlement, including the acceptance of the below described easement. Minutes of City Council T-3 Page 430 431 Tuesday, March 3, 1992 M&C G-9540 cont. 11 DISCUSSION: M. Akram Chaudhry, Sujaat Ali Khan, and M. Aslam Malik, owners of the real property located at Lots 1-4, Block C, McAnulty & Nye Subdivision of Block 29, Fields Welch Addition to the City of Fort Worth, bought suit against the seller, Griffin Amusement Co., Inc., two title insurance companies, and the surveyor involved in their purchase of the property in 1985, when it was subsequently discovered by a survey prepared in connection with a proposed sale of the property in 1988 that there is a storm sewer pipe running diagonally beneath Lots 1 and 2. One of the Defendants, Commonwealth Land Title Insurance Company (hereinafter "CLTIC") subsequently filed a third -party claim against the City, as Third -Party Defendant, on the basis that the City had no easement or interest in the storm drain. City records indicate that the underground storm drain is a 48 by 60 inch concrete arched pipe that was constructed in 1912. No recorded agreement or easement for this storm drain could be found and a visual inspection of the property does not indicate the location of this underground drain. While admitting no liability, but to avoid further and costly litigation, an agreement has been reached to settle this lawsuit in its entirety. The total estimated cost of the proposed settlement is $54,000, with the City's share being $10,200 of that amount. Under the terms of the proposed settlement, the Plaintiffs will receive a cash award and will execute a deed to the City of a storm drain easement along the south property line of Lot 4 and along the west property lines of Lots 1 through 4, adjacent to Seventh Avenue. The City will perform or cause to be performed the work of re-routing the storm drain within the new express easement and will cover and fill the existing storm drain after the Plaintiffs have removed the existing building, including the concrete slab. The cost of the re-routing of the storm drain will be as follows: the City will pay $10,200.00 of the first $22,956.00 of the cost, with the other five defendants paying $12,756; if the cost of the rerouting exceeds $22,956.00, the City and the five defendants will split the next ten (10%) percent (or $2,295.00) of the cost equally; and the City will pay for all costs in excess of 10% over $22,956.00 (i.e., all costs over $25,251.60). The City's portion of the proposed settlement will be applied directly and entirely to the re-routing of the storm drain. The Department of Law, the Transportation and Public Works Department, and the Risk Management Department recommended accepting the proposed settlement of the case on these terms. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds for this settlement are available in the current capital budget, as appropriated, of the Street Improvements Bond Fund. M&C G-9540 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9540, be adopted. M&C G-9541 re transfer of funds; There was presented Mayor and Council Communication No. G-9541 from the City Manager increasing estimated stating that the Fort Worth Public Library was named as one of six institutions entitled to receipts and appro- receive either directly or in trust, one-sixth of one-half of the net residuary of Dan A. priations Levy's estate; that the share was placed in trust with MBank of Fort Worth and is now Fort Worth Public serviced by Ameritrust; that each year interest earned from the Trust is deposited in a Library; Dan A. special trust fund with the City; that the provision of Mr. Levy's will require that Levy's estate interest earned from the Trust be used for the purchase of technological, business, and scientific books and periodicals in memory of his mother, Addie Levy; that, in past years, only portions of the amounts received from the Levy estate trust have been transferred to the General Fund, allowing the Addie Levy Special Trust to grow and earn additional interest; therefore, $3,246.49 in funds are currently available in the Special Trust Fund to be transferred to the General Fund along with the $6,753.51 received this year from the Levy estate trust; and recommending that the City Manager be authorized to adopt an appropriations ordinance increasing estimated receipts and appropriations by $10,000.00 in the General Fund from increased revenues; that the City Manager be authorized to transfer $10,000.00 from the Special Trust Fund to the General Fund; and that a supplemental appropriation ordinance be adopted increasing estimated receipts and appropriations by $10,000.00 in the Special Trust Fund from increased revenue. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 431 I 432 Tuesday, March 3, 1992 ORDINANCE NO. 11035 rdinance No. 11035 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT, OF $10,000.00, FROM INCREASED REVENUE, FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS UNDER THE GUIDELINES OF THE TRUST; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 541 1 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. ntroduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT:. None The ordinance, as adopted, is as follows: rdinance No. 11036 II ORDINANCE NO. 11036 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $10,000.00, FROM INCREASED REVENUE, FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS UNDER THE GUIDELINES OF THE TRUST; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; -AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C G-9542 re There was presented Mayor and Council Communication No. G-9542 from the City Manager, upplemental appro- as follows: riations budjet djustments SUBJECT: SUPPLEMENTAL APPROPRIATIONS FOR 1991 YEAR END BUDGET ADJUSTMENTS RECOMMENDATION: It is recommended that the City Council adopt the attached supplemental appropriations ordinance increasing appropriations in the General Fund departments by $986,656 and decreasing the unreserved, undesignated General Fund balance by the same amount. DISCUSSION: The City's annual operating budget is formally enacted into law by the City Council adopting an appropriations ordinance which establishes spending limits for each department's operation. Each year as the City's ,September 30 fiscal year end approaches, some departments will have spent their entire annual appropriation prior to the recording of all applicable expenditures for the year. Additionally, audit adjustments occur during the audit process which result in changes to the final expenditure amount. When the audit nears completion, all departments which have exceeded their appropriations become known. Of the City's 27 departments, expenditures for 22 departments were under budget by $5,990,000. This will be used to cover the over expenditures of the five departments listed below. The amounts over budget must be appropriated by action of the City Council to comply with the Charter (Chapter X, Section 5, Expenditure Only Pursuant to Appropriations). A brief explanation of the activity which caused these departments to exceed their budgets follows: 1. Law Department ($21,010) - the use of temporary help to assist staff in resolution of claims against the City. Minutes of City Council T-3 Page 432 433 Tuesday, March 3, 1992 2. Transportation and Public Works ($307,335) - to expense accumulated M&C G-9542 cont. inventory balances greater than physical inventory. Work done for other departments was not charged to the other department in the appropriate accounting period. 3. City Services ($9,124) - salaries and postage. 4. Park and Recreation ($423,193) - electricity, water, waste disposal and equipment rental costs in excess of estimates. 5. Non -De artmental ($225,994) - transfer of sales tax refund to Solid Waste Fund $136,893 and transfer of percentage of tax collections to the General Debt Service Fund based on actual collections which exceeded the budget ($89,101). FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the supplemental appropriations ordinance all departments of the General Fund will have had sufficient funds for all expenditures recorded during the fiscal year ended September 30, 1991. M&C G-9542 adoptedII It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9542, be adopted. Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11037 11 ORDINANCE NO. 11037 AN ORDINANCE APPROPRIATING $986,656.00 TO THE GENERAL FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF MAKING END OF FISCAL YEAR 91 ADJUSTMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9543 re There was presented Mayor and Council Communication No. G-9543 from the City Manager acceptance of donation stating that Mr. Stan Duba, Credit Fraud Prevention Manager with J. C. Penney Company, Inc., from various re- and several other area representatives of banks, retailers, oil companies, and other presentatives industries have committed to donating $25,000.00 to the Special Operations Division, Multi - Agency Property Crime Unit for the purpose of purchasing stolen credit cards during calendar year 1992; that each year credit grantors sustain substantial losses due to the theft and use of stolen credit cards; that these funds will be used in conjunction with the Multi - Agency Property Crime Enforcement Grant and has been approved to be utilized in this manner by the Criminal Justice Division; and recommending that the City Manager be authorized to accept the donation of $25,000.00 from various representatives of banks, retailers, oil companies and other industries who suffer losses due to credit card theft; that a supplemental appropriations ordinance be adopted increasing estimated receipts and appropriations in the Special Trust Fund by $25,000.00; and that the use of $25,000.00 be approved by the Multi -Agency Property Crime Unit in the investigation and arrest of persons responsible for the theft and illegal use of stolen credit cards. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 433 r 434 Tuesday, March 3, 1992 ORDINANCE NO. 11038 Ordinance No. 11038 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $25,000.00 FOR THE PURPOSE OF ACCEPTING A DONATION FOR USE BY THE MULTI -AGENCY PROPERTY UNIT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9544 was with- It was the consensus of the City Council that consideration of Mayor and Council drawn Communication No. G-9544, Ordinance Creating Alternate Member Position of Zoning Commission, be withdrawn from the agenda. M&C G-9545 re There was presented Mayor and Council Communication No. G-9545 from the City Manager contractual payment stating that the Will Rogers Memorial Center entered into a five-year City Secretary from Ken Moore Contract No. 14255 with Ken Moore Enterprises on April 1, 1985, with five one year renewal Enterprises options, to provide food and beverage concession services at the complex; that this contract has been extended to April 15, 1992; that Section 3.01 of this contract provided for an annual payment during the term of the contract to be placed in a separate fund to be used for improving concession operations, purchases of improvements or equipment, and for the advertising, marketing, and promotion of usage of facilities at the Center; and recommending that the City Council accept a contractual payment to the Special Trust Fund, Special Marketing Fund, from Ken Moore Enterprises, in the amount of $1,162.27 for improving concession operations, purchases of improvements or equipment, and for the advertising, marketing, and promotion of the facilities at Will Rogers Memorial Center; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $1,162.27 from increased revenues. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. - The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11039 II ORDINANCE NO. 11039 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1991-92 BY THE SUM OF $1,162.27 AND APPROPRIATING SAID $1,162.27 TO THE SPECIAL MARKETING FUND FOR THE PURPOSE OF IMPROVING CONCESSION OPERATIONS, PURCHASES OF IMPROVEMENTS OR EQUIPMENT AND FOR -THE: ADVERTISING, MARKETING AND PROMOTION OF USAGE OF FACILITIES AT WILL ROGERS MEMORIAL CENTER; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9546 re There was presented Mayor and Council Communication No. G-9546 from the City Manager acceptance from Fort stating that the Police Department's authorized strength includes 1041 in authorized Civil Worth Independent Service positions; that Fort Worth Independent School District has funded five additional School District Police/School Liaison Teams, therefore the Police Department is requesting additional positions to assign to this program; that the Police/School Liaison Teams consist of an officer and a school advisor who respond to requests for assistance from school principals; that the School District wants to have a Police/School Liaison Team in each of the 12 high school pyramids in the district; that, with increased visibility of these teams, hopefully the incidence of weapons, drugs, and violent acts can be reduced in the schools; that the School District pays for all personnel costs involved in assigning these officers to the Police/School Liaison Teams; that the reimbursement of $117,752.00 represents funding for five officers for the seven remaining months of the fiscal year as well as $15,359,99 in indirect costs; and recommending that the City Council: Minutes of City Council T-3 Page 434 435 Tuesday, March 3, 1992 M&C G-9546 cont.II 1. Accept $117,752 in the General Fund from the Fort Worth Independent School District to fund five additional Police/School Liaison Teams, and 2. Approve the attached supplemental appropriations ordinance increasing estimated receipts and appropriations by $117,752 to fund the increase in authorized strength, and 3. Adopt the attached ordinance specifying the authorized positions in the Police Department and increasing the Police Department's authorized strength by adding five Police Officer positions. Council MemberCouncil Member Chappell and Puente requested permission of the City Council to abstain Cha ell and Puente from voting on Mayor and Council Communication No. G-9546 involving the Fort Worth pP abstain from voting Independent School Districts funding of additional Police/School Team. on M&C G-9546 Council Member Meadows made a motion, seconded by Council Member McCray, that Council Members Chappell and Puente be permitted to abstain from voting Mayor and Council Communication No. G-9546. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows made a motion, seconded by Council Member Silcox, that the recommendations, as contained in Mayor and Council Communication No. G-9546, 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 Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell and Puente Introduced anCouncil Member Meadows introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption Ordinance of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Members Chappell and Puente The ordinance, as adopted, is as follows: Ordinance No. 11040 11 ORDINANCE NO. 11040 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $117,752.00 FOR THE PURPOSE OF INCREASING THE POLICE DEPARTMENTS AUTHORIZED STRENGTH BY ADDING FIVE POLICE OFFICER POSITIONS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Members Chappell and Puente The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 435 N 436 Tuesday, March 3, 1992 Ordinance No. 11041 ORDINANCE NO. 11041 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE POLICE DEPARTMENT; CREATING FIVE ADDITIONAL POLICE OFFICER POSITIONS IN THE DEPARTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. 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. 11042 II ORDINANCE NO. 11042 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $1,000.00 FOR THE PURPOSE OF ACCEPTING A DONATION FROM SUMMERBROOK PARK ASSOCIATION FOR PARK IMPROVEMENTS; PROVIDING ' FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES INICONFLICT HEREWITH; ' PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9549 reThere was presented Mayor and Council Communication No. G-9549 from the City Manager stating that the 1986 Capital Improvement Program included funds for the improvement of improvements to Ayers Ayers Street from Rosedale Street to Crenshaw; that, due to construction efficiency, this Street from Rosedale project was divided into two segments; that the length from Rosedale Street to Avenue M is Street to Avenue the initial of the two segments that is ready for reconstruction; that the street is in the M Polytechnic Target Area and has never previously been constructed to City standards; that Community Development Block Grant funds will provide a portion of the construction cost; that the project is located in Council District 5; that the total estimated assessment is $ 738,792.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Ayers Street from Rosedale Street to Avenue M, and 2. Authorize the assessment of a portion of the cost of the improvements to Ayers 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 April 7, 1992, as the date of benefit hearing, and Minutes of City Council T-3 Page 436 It was the consensus of the City Council that Mayor and Council Communication M&C G-9547 cont. until No. G-9547, Indoor Firing Range - 2420 Northeast 28th Street, be continued until March 12, March 12, 1992 1992. M&C G-9548 re There was presented Mayor and Council Communication No. G-9548 from the City Manager acceptance of gift stating that the Park and Recreation Department is working with Summerbrook Park Association from Summerbrook Park to make minor improvements to Summerbrook Park in the Summerfields area (Council District Association 2); that these funds will be used to purchase park equipment to supplement existing park facilities; and recommending that the City Manager be authorized to accept a gift in the amount of $1,000.00 from the Summerbrook Park Association for park improvements, and record receipt of this money in Special Trust Fund 72; that an appropriations ordinance be adopted establishing estimated receipts and appropriations in the Special Trust Fund 72, by $1,000.00; and that the expenditure of this $1,000.00 for improvements to Summerbrook Park be approved. On motion of Council Member Meadows, seconded by Council Member Silcox, the recommendations were adopted. Council Member Meadows introduced an ordinance and made a motion that it be adopted. Introduced an The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption Ordinance 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. 11042 II ORDINANCE NO. 11042 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $1,000.00 FOR THE PURPOSE OF ACCEPTING A DONATION FROM SUMMERBROOK PARK ASSOCIATION FOR PARK IMPROVEMENTS; PROVIDING ' FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES INICONFLICT HEREWITH; ' PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9549 reThere was presented Mayor and Council Communication No. G-9549 from the City Manager stating that the 1986 Capital Improvement Program included funds for the improvement of improvements to Ayers Ayers Street from Rosedale Street to Crenshaw; that, due to construction efficiency, this Street from Rosedale project was divided into two segments; that the length from Rosedale Street to Avenue M is Street to Avenue the initial of the two segments that is ready for reconstruction; that the street is in the M Polytechnic Target Area and has never previously been constructed to City standards; that Community Development Block Grant funds will provide a portion of the construction cost; that the project is located in Council District 5; that the total estimated assessment is $ 738,792.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Ayers Street from Rosedale Street to Avenue M, and 2. Authorize the assessment of a portion of the cost of the improvements to Ayers 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 April 7, 1992, as the date of benefit hearing, and Minutes of City Council T-3 Page 436 437 Tuesday, March 3, 1992 M&C G-9549 cont. 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-9549 adopted On motion of Council Member McCray, Iseconded by Council Member Chappell, the recommendations were adopted. M&C G-9550 was It was the consensus of the City Council that Mayor and Council Communication withdrawn No. G-9550, Assignment Pay - Field Operation Captain Positions, be withdrawn from the submitting a tabulation of bids received agenda. M&C P-5504 re There was presented Mayor and Council Communication No. P-5504 from the City Manager agreements with stating that the City Council approved a purchase agreement with Goodyear Commercial Tire Goodyear Commercial and Service and Wallace W. Wade Wholesale Tires on January 3, 1991, by Mayor and Council Tire and Service and Communication No. P-4650 to furnish tires and tubes to the City Services Department; that Wallace W. Wade Whole the City Services Department has requested that the first option be exercised by Council and sale Tires the vendors have agreed to maintain the quoted prices for an additional year; that the anticipated expenditure is $270,000; that the Director of Fiscal Services certifies that Sand and Gravel Company on its low funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its first renewal option on purchase to Meadowbrook Golf agreements with Goodyear Commercial Tire and Service and Wallace W. Wade Wholesale Tires for Course, with term of agreement to tires and tubes for the City Services Department on their low bid per unit price, with term 1, 1993. It was the of agreement to begin February 1, 1992, and end January 31, 1993, with one additional option consensus of the City Council that to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-5506 re There was presented Mayor and Council Communication No. P-5506 from the City Manager purchase of Luminaire submitting a tabulation of bids received for the purchase of Luminaire glassware for the glassware Transportation and Public Works Department; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services ,Operating Fund; and recommending that the City Council authorize the purchase of Luminaire glassware for the Transportation and Public Works Department on low bid meeting specifications, as follows: A. Bluebonnet Supply $2,743.50 B. Dealers Electrical Supply 2,696.80 C. Graybar Electric Company 3,400.00 D. Summers Electric 613.08 Total amount not to exceed $9,453.38 net f.o.b. Fort Worth M&C P-5506 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-5507 re There was presented Mayor and Council Communication No. P-5507 from the City Manager purchase from Traffic submitting a tabulation of bids received for the purchase of pedestrian signals and lens for Signals, Inc. the Transportation and Public Works Department; stating that the Director of Fiscal Services certifies that funds for this agreement are available in the Equipment Services Operating Fund; and recommending that the purchase be made from Traffic Signals, Inc., on its low bid meeting specifications of $13,225.00 net, f.o.b. Fort Worth.' It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-5508 from the City Manager M&C P-5508 re submitting a tabulation of bids received for a purchase agreement for the purchase of purchase agreement printing supplies for Reprographics; stating that the Director of Fiscal Services certifies with Palmer paper that funds required for this expenditure are available in the current operating budget, as and Besco appropriated, of the fund; and recommending that a purchase agreement be authorized with Palmer Paper and Besco based on unit prices, with term of agreement to begin February 24, 1992, and end February 23, 1993, with one option to renew. It was the consensus of the City Council that the recommendation be adopted. M&C L-10859 re There was presented Mayor and Council Communication No. L-10859 from the City Manager recommending that the City Council approve the acquisition of a permanent easement and authorized fund trap- temporary construction easement out of Tract 44E1, being part of Block 44, Shelby County transfer acquisition School Land Survey, Abstract 1375, from Anna Loughridge McMillan, Individually and as of a permanent ease- Independent Executrix of the Estate of Robert F. Loughridge, Deceased, and John A. McMillan, ment and temporary for a total consideration of $8,730.00; authorize a fund transfer in the amount of $8,730.00 construction easement from State Revolving Fund, Unspecified, to State Revolving Fund, Village Creek Collector Parallel, Contract III; and authorize the acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be M&C L-10860 re There was presented Mayor and Council Communication No. L-10860 from the City Manager acquisition of per- recommending that the City Council authorize the acquisition of a permanent easement and manent easement and temporary construction easement described as a portion of Tract 44G, being part of Block 44, temporary constructic'Shelby County School Land Survey, Abstract 1375, from Esco Elevators, Inc., for a total tion easement consideration of $4,320.00; authorize a fund transfer in the amount of $4,320.00 from State Revolving Fund, Unspecified, to State Revolving Fund, Village Creek Collector Parallel, Contract III; and authorize the acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council T-3 Page 437 There was presented Mayor and Council Communication No. P-5505 from the City Manager M&C P-5505 re submitting a tabulation of bids received for a purchase agreement to furnish trap sand to agreement with B & M the Golf Fund, Park and Recreation Department; stating that the Director of Fiscal Services Sand and Gravel Com- certifies that funds required for this agreement are available, as appropriated, in the pany current operating budget of the Golf Course Fund; and recommending that the purchase agreement be authorized with B & M Sand and Gravel Company on its low bid of $13.89 per ton delivered to Pecan Valley Golf Course and $13.52 per ton delivered to Meadowbrook Golf Course, with term of agreement to begin March 2, 1992, and end March 1, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5506 re There was presented Mayor and Council Communication No. P-5506 from the City Manager purchase of Luminaire submitting a tabulation of bids received for the purchase of Luminaire glassware for the glassware Transportation and Public Works Department; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services ,Operating Fund; and recommending that the City Council authorize the purchase of Luminaire glassware for the Transportation and Public Works Department on low bid meeting specifications, as follows: A. Bluebonnet Supply $2,743.50 B. Dealers Electrical Supply 2,696.80 C. Graybar Electric Company 3,400.00 D. Summers Electric 613.08 Total amount not to exceed $9,453.38 net f.o.b. Fort Worth M&C P-5506 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-5507 re There was presented Mayor and Council Communication No. P-5507 from the City Manager purchase from Traffic submitting a tabulation of bids received for the purchase of pedestrian signals and lens for Signals, Inc. the Transportation and Public Works Department; stating that the Director of Fiscal Services certifies that funds for this agreement are available in the Equipment Services Operating Fund; and recommending that the purchase be made from Traffic Signals, Inc., on its low bid meeting specifications of $13,225.00 net, f.o.b. Fort Worth.' It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-5508 from the City Manager M&C P-5508 re submitting a tabulation of bids received for a purchase agreement for the purchase of purchase agreement printing supplies for Reprographics; stating that the Director of Fiscal Services certifies with Palmer paper that funds required for this expenditure are available in the current operating budget, as and Besco appropriated, of the fund; and recommending that a purchase agreement be authorized with Palmer Paper and Besco based on unit prices, with term of agreement to begin February 24, 1992, and end February 23, 1993, with one option to renew. It was the consensus of the City Council that the recommendation be adopted. M&C L-10859 re There was presented Mayor and Council Communication No. L-10859 from the City Manager recommending that the City Council approve the acquisition of a permanent easement and authorized fund trap- temporary construction easement out of Tract 44E1, being part of Block 44, Shelby County transfer acquisition School Land Survey, Abstract 1375, from Anna Loughridge McMillan, Individually and as of a permanent ease- Independent Executrix of the Estate of Robert F. Loughridge, Deceased, and John A. McMillan, ment and temporary for a total consideration of $8,730.00; authorize a fund transfer in the amount of $8,730.00 construction easement from State Revolving Fund, Unspecified, to State Revolving Fund, Village Creek Collector Parallel, Contract III; and authorize the acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be M&C L-10860 re There was presented Mayor and Council Communication No. L-10860 from the City Manager acquisition of per- recommending that the City Council authorize the acquisition of a permanent easement and manent easement and temporary construction easement described as a portion of Tract 44G, being part of Block 44, temporary constructic'Shelby County School Land Survey, Abstract 1375, from Esco Elevators, Inc., for a total tion easement consideration of $4,320.00; authorize a fund transfer in the amount of $4,320.00 from State Revolving Fund, Unspecified, to State Revolving Fund, Village Creek Collector Parallel, Contract III; and authorize the acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council T-3 Page 437 we Tuesday, March 3, 1992 M&C C-13259 re There was presented Mayor and Council Communication No. C-13259 from the City Manager, contract with as follows: Traffic Consultants, Inc. amended SUBJECT: AMENDMENT NO. 3 TO IH 35W COORDINATION CONTRACT WITH TRAFFIC CONSULTANTS, INC. RECOMMENDATION: It is recommended that the City Council: 1. Approve a $20,000 bond fund transfer from the North Tarrant Freeway Alignment Study Project to the IH 35W Coordination Project in the New Development Bond Fund, and 2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 16899, as amended, with .Traffic Consultants, Inc., 700 Lavaca, Austin, Texas, for additional services in connection with highway improvements in Fort Worth, increasing the maximum allowable fee by $20,000.00, from $168,159.00 to $188,159.00. DTMISSTON- On January 8, 1989 ,(M&C C-11405), the City Council awarded a professional services contract to Traffic Consultants, Inc. (TCI) to coordinate various highway related improvements along IH 35W between SH 114 and North Loop 820. The work involved coordination of corridor studies, environmental assessments and interchange projects with Tarrant and Denton Counties, the governor's office, several Texas Department of Transportation (TxDOT) offices locally and in - Austin, Tarrant County Communities, Federal Highway Administration and property owners. On January 16,.1990 (M&C C-12107), and July 24, 1990 (M&C C-12442), the City Council authorized the City Manager to amend TCI's contract to provide additional funds for ongoing work as needed. The process of coordinating all the projects with all the interested public and private parties is an iterative one whereby input from any one source must meet the requirements of -all the other parties in order to ultimately obtain State and Federal approval for each project. The process is an ongoing one and is such that the entire scope of the consultant's work could not have been anticipated under the basic contract. Approximately ninety-five (95) percent of the approved fee has been paid to TCI. However, major tasks remain to be addressed. These include justification for a new interchange on IH 35W between SH 114 and Eagle Parkway, coordination of programs to construct new interchanges on IH 35W at Nat Gibbs Road (Hillwood Boulevard) and Basswood Boulevard, coordination of various Principal Arterial Street System (PASS) Projects, right-of-way and utility issues, environmental considerations relating to highway projects,. and other tasks where TCI's services can best serve the City's needs. TCI continues to be very effective in dealing with TxDOT and other state and federal offices on behalf of the City. Staff estimates that TCI can substantially complete all of the tasks known at this time for an additional fee not to exceed $20,000.00. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this amendment are available in the current capital budget, as appropriated, of the New Development Fund. &C C-13259 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and from the City Council Communication No. C-13259, be adopted. &C C 13260 re There was presented Mayor and Council Communication No. C-13260 from the City Manager rant agreement with stating that the major objective of the Older -Worker Program is to prepare economically exas Department of disadvantaged individuals who are 55 or older for entry or re-entry into the labor force; ommerce for JTPA that, to achieve this objective the following services will be offered: counseling, supportive services (including a physical examination), educational skills and vocational interest inventory assessment, Orientation to the World of Work Seminar, educational skills upgrade classroom training, vocational skills classroom training, job search assistance, and/or On -the -Job Training; that the 3 percent OWP will coordinate closely with the National Council On the Aging, Inc.'s Senior Community Service Employment Project, which is also administered by the Employment and Training Department; that the Fort Worth Private Industry Council on Friday, February 7, 1992, -voted unanimously to apply for funding for the Title II -A 3 Percent Older Worker Program for the period of February 1 through June 30, 1992; that no City matching funds are required; and recommending that the City Manager be authorized to submit a grant proposal for a partial Program Year 1991-92 and accept, if offered, a grant agreement with the Texas Department of Commerce for the Job Training Partnership Act Title II -A 3 Percent Older Worker Program for a grant amount of $173,000 for the period beginning February 1 through June 30, 1992; and apply the FY 1989-90 Indirect Cost grant rate of 2.44 percent as approved by the U.S. Department of Housing and Urban Development. It was the consensus of the City Council that the recommendations be adopted. C C-13261 re There was presented Mayor and Council Communication No. C-13261 from the City Manager reement with Tarrant stating that, due to recent flooding and extended periods of rainy weather, many streets unty within Fort Worth have developed potholes and other failures; that, to assist in reducing Minutes of City Council T-3 Page 438 i Tuesday, March 3, 1992 Minutes of City Council T-3 Page 439 M&C C-13261 cont. the problem, Tarrant County Precinct 1 has agreed to provide pothole patching within Fort Worth; that the limited nature of the assistance is due to the fact that the County and other municipalities have experienced the same type of deterioration due to the recent weather; that Tarrant County Precinct 1 has agreed to perform requested work with the City reimbursing them for the cost of paving materials; that the cost will not exceed $30,000.00; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Manager be authorized to execute an Interlocal Agreement with Tarrant County to perform pothole patching in Precinct 1 within the City of Fort Worth with expenditures not to exceed $30,000.00. It was the consensus of'the City Council that the recommendation be adopted. M&C C-13262 re There was presented Mayor and Council Communication No. C-13262 from the City Manager Interlocal Agreement stating that, due to recent flooding and extended periods of rainy weather, many streets with Tarrant County within Fort Worth have developed potholes and other failures; that, to assist in reducing the problem, Tarrant County Precinct 4 has agreed to provide pothole patching within Fort Worth; that the limited nature of the assistance is due to the fact that the County and other municipalities have experienced the same type of deterioration due to the recent weather; that Tarrant County Precinct 4 has agreed to perform requested work with the City reimbursing them for the cost of paving materials; that the cost will not exceed $30,000.00; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Manager be authorized to execute an Interlocal Agreement with Tarrant County to perform pothole patching in Precinct 4 within the City of Fort Worth with expenditures not to exceed $30,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-13263 was with- It was the consensus of the City Council that Mayor and Council Communication drawn No. C-13263, Contract with Capital Assistance Group to Furnish Collection Service for Municipal Court, be withdrawn from the agenda. M&C FP -2925 re There was presented Mayor and Council Communication No. FP -2925 from the City Manager contract with Pitt- recommending that the City Council accept as complete the contract with Pitt -Des Moines for Des Moines the two MG Sun Country Elevated Tank and authorize final payment in the amount of $89,974.75, including 14,280.00 in change orders, to Pitt -Des Moines bringing the final project cost to $1,432,130.00 under City Secretary Contract No. 17596. It was the consensus of the City Council that the recommendations be adopted. was presented Mayor and Council Communication No. FP -2926 from the City Manager M&C FP -2926 reThere stating that the project has been completed in accordance with contract plans, final payment to specifications, and requirements; and recommending that the City Council accept as complete, Young Brothers, Inc. Slurry Seal (90-1) Various Locations and authorize final payment of $3,458.07 to Young Brothers, Inc., with funds available in the retainage accountl of the Contract Street Maintenance Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2927 re There was presented Mayor and Council Communication No. FP -2927 from the City Manager final payment to stating that the assessment paving of Exeter Street from E. Vickery to E. Terrell Avenue, McClendon Construction has been completed in accordance with contract plans, specifications, and requirements; and Company, Inc. recommending that the City Council accept as complete the Assessment Paving of Exeter Street from E. Vickery to E. Terrell Avenue; approve final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners on Exeter Street from E. Vickery to E. Terrell Avenue; and authorize final payment of $1,435.53 to McClendon Construction Company, Inc., with funds available in the retainage accounts of the Grants Fund and the Street Improvements Bond Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2928 re There was presented Mayor and Council Communication No. FP -2928 from the City Manager contract with Insitu- recommending that the City Council accept as complete the contract with Insituform Texark, form Texark, Inc. Inc., for Sanitary Sewer Rehabilitation, Contract XVIII, and authorize final payment in the amount of $36,361.39 including $1,389.24 in change orders, bringing the final project cost to $311,843.73 under City Secretary Contract No. 18663, with funds available in the current capital budget, as appropriated, and the retainage accounts of the Sewer Capital Improvement Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2929 re There was presented Mayor and Council Communication No. FP -2929 from the City Manager final payment to stating that the assessment paving of Missouri Avenue from Maddox to Magnolia has been Walt Williams Con- completed in accordance with contract plans, specifications, and requirements; and struction Company, recommending that the City Council accept as complete, the assessment paving of Missouri Inc. Avenue from Maddox to Magnolia; approve the final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners on Missouri Avenue from Maddox to Magnolia; and authorize final payment of $2,678.81 to Walt Williams Construction Company, Inc., with funds available in the retainage accounts of the Grants Fund and the Street Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. Mr. Joe Cameron re Mr. Joe Cameron, representing the Taxpayers' Association of Tarrant County, 4605 one percent sales Applewood Drive, appeared before the City Council and expressed opposition to a one percent tax for utilities sales tax for utilities. Mr.Mike Braun re Mr. Mike Braun, 8848 Pedernales Trail, appeared before.the City Council and expressed utility tax utility opposition to a utility tax. Ms. Denise Williams Ms. Denise Williams, 2315 West Rosedale South, appeared before the City Council and re tax increase expressed opposition to a tax increase. Mr. Bobby L. Martin Mr. Bobby L. Martin, 1819 South Adams, appeared before the City Council regarding the re H.C. overlay "HC" Overlay Zoning and advised Council that the information received from the City staff zoning i it Minutes of City Council T-3 Page 439 410 - Tuesday, March 3, 1992 Mr. Bobby L. martin's was, in his opinion, a promotion for the overlay zoning and read a revised application for statement cont. City Council's consideration. Mr. Stuart Walker re Mr. Stuart Walker, 3732 Marks Place, Member of Tarrant County Taxpayers' Association, utility tax appeared before the City Council and expressed opposition to a proposed utility tax. Ms. Gean Gros re "HC" I Ms. Gean Gros Chairman of Fairpark Neighborhood Association, 1901 Alston appeared overlay zoning before the City Council and advised City Council that the letters that were sent out regarding the "HC" Overlay Zoning is not being understood by the people that she represents; advised Council that the citizens are not able to get out and come to City Hall for a public hearing; and requested that the allotted time be extended to 90 days rather than 45 days and requested that the letters be rewritten so that citizens are able to understand them. City Attorney Adkins "HC" City Attorney Adkins advised Ms. Gros that the ordinance for the "HC" Overlay Zoning re Ms. Gros was advertised and that a procedure for the removal of the "HC" Zoning is in place; that the overlay zoning application form must be signed by the owner of the property and a hearing must be conducted in order for consideration of the removal of the "HC" Zoning classification; and advised Ms. Gros the a representative of the property owner can attend the public hearing as long as he has written permission from the owner of the property advising the commission of their request to be removed from the HC overlay zoning. Mayor Granger re Mayor Granger advised Ms. Gros that she does not see a need for an extension of the Ms. Gros extension of 45 -day time frame and that City staff prepared the letters and they were sent out in the 45 day time frame for the "HC" accordance with the process that was set up for the removal of the "HC" Overlay Zoning classification. overlay zoning Mr. Pat Taylor re Citizens' Cable Mr. Pat Taylor, 4809 Bryce, Apartment B, appeared before the City Council and expressed concerns relative to the actions of the Mayor with regard to the Citizens' Cable Board Board. Mr. Tom Davis re Mr. Tom Davis, President of the Taxpayers' Association, 2500 Willing Avenue, appeared tax on utilities before the City Council and expressed concerns regarding a tax on utilities and advised Council that the Association will do everything in its power to oppose such an increase. Mr. Nelson Hodges re sand and gravel min- Mr. Nelson Hodges, 8817 Brushy Creek, Principal of Nelson Hodges Architects, appeared before the City Council regarding sand and gravel mining operation located in the 8700 block ing of East Trinity Boulevard and expressed opposition to the mining operation being located within the City limits and adjacent to the new residential addition and advised Council that he has found that, in his opinion, there is no local government inspections of the mining operation; that no particular department or person from the City has taken any interest in the project; and advised Council that monitoring of the mining operation should not be the responsibility of the citizens and expressed appreciation to Council Member Matson for the interest he has shown in the River Trails area. Mayor Granger re Hodges sand and I Mayor Granger advised Mr. Hodges that the sand and gravel mining operation is being gr. gravel mining opera- investigated and monitored by the City, but that she does not know exactly where the investigation is at this time. tion is being investi . gated City Attorney Adkins City Attorney Adkins advised City Council that the executive session scheduled for the re executive session' March 3, 1992, meeting will be held on a later date. meeting will be held There being no further business, the meeting was adjourned. on a later date Adjourned ACTINVCITY SECRETARY MAY Minutes of City Council T-3 Page 440