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HomeMy WebLinkAbout1992/03/12-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of March 3, 1992 approved Proclamation - Girl Scout Week Mr. Reginald Gates re presented a proclama- tion CITY COUNCIL MEETING MARCH 12, 1992 On the 12th 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 The Reverend Carmen Mele, Catholic Center. The Pledge of Allegiance was recited. On motion of Council Member Puente, seconded by Council Member Woods, the minutes of the meeting of March 3, 1992, were approved. A proclamation for Girl Scout Week was presented to Ms. Liz O'Brien. Mr. Reginald Gates, newly elected Director of Fort Worth Metropolitan Black Chamber of Commerce, appeared before the City Council and introduced board members and presented a proclamation to City Council/City staff for basing 1991-92 budget on zero percent sales increase. Mayor Granger congratulated Mr. Gates on his appointment as Director and accepted the proclamation on behalf of the City Council and City staff. Minutes of City Council T-3 Page 440 J A - Thursday, March 12, 1992 Mayor Granger re Ms. Mayor Granger advised the City Council of the achievement of Ms. Carolyn Bell in Carolyn Bell receiving receiving the Zonta International Award on last night for her accomplishments. the Zonta Internation- al Award A proclamation for Women's History Month was presented to Mesdames Jyl DeHaven and Jan Proclamation - Women's Zdanuk. History Month M&C P-5512 was with- Council Member Chappell requested that Mayor and Council Communication No. P-5512 be drawn withdrawn from the consent agenda. M&C G-9556 was with- drawn Council Member Silcox requested that Mayor and Council Communication No. G-9556 be withdrawn from the consent agenda. M&C C-13269 was with- Council Member Meadows requested that Mayor and Council Communication No. C-13269 be drawn withdrawn from the consent agenda. M&C Nos. P-5511 and Council Member Puente requested that Mayor and Council Communication Nos. P-5511 and P-5525 was withdrawn P-5525 be withdrawn from the consent agenda. M&C FP -2931 was with- City Manager Ivory requested that Mayor and Council Communication No. FP -2931 be drawn from consent withdrawn from the consent agenda. agenda M&C FP -2931 was with- City Manager Ivory requested that Mayor and Council Communication No. FP -2931 be drawn from the agenda withdrawn from the agenda. Consent agenda was On motion of Council Member Chappell, seconded by Council Member Silcox, the consent approved agenda, as amended, was approved. M&C CP -172 re There was presented Council Proposal CP -172 as proposed by Council Member Chappell, Certain City Employees as follows: to Respond to a Civil Emergency PROPOSAL: It is proposed that the City Council adopt the attached ordinance which prescribes reasonable standards with respect to the time within which City employees who reside outside the city limits must respond to a civil emergency. nTrrl1C.STnN Section 150.021 of the Texas Local Government Code authorizes cities to prescribe reasonable standards with respect to the time within which city employees who reside outside the city limits must respond to a civil emergency. Such standards may not be imposed retroactively on any person in the employ of a city at the time the standards are adopted. It is proposed that emergency response standards be adopted for certain City of Fort Worth employees who reside outside the city limits. The attached ordinance would establish the following requirements: a) City employees who reside outside the city limits and are required to respond to a civil emergency would have to reside at a location which permits them to respond to such an emergency within 30 minutes. b) The response time would be measured by the time required for the employee to travel from his or her residence to the emergency by automobile at posted speed limits in ordinary weekday traffic. c) The ordinance would not apply to persons who are employed by the City when the ordinance is adopted. d) Employees who are hired after adoption of the ordinance and reside outside the city limits would have to comply with the ordinance within six months after they are hired. e) The City Manager could grant written exceptions from the requirements of the ordinance when he must fill a job and is not reasonably able to find a person who meets the requirements of the ordinance. f) The ordinance would not prohibit the City from requiring that elected officials, the City Manager, City Attorney, City Secretary, City Auditor or Judges of the Municipal Courts reside within the city limits. LEGALITY: The City Attorney has reviewed this proposal. The proposal is within the powers of the City Council and there are no legal impediments to its implementation. CITY MANAGER'S COMMENTS: The City Manager has reviewed this proposal and supports it. Council Member Chappell advised City Counci that the date of April 1st should be added to Section 1(d) of the ordinance. Council Member Chappell made a motion, seconded by Council Member Puente, that the recommendation, as contained in Council Proposal CP -172 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: Minutes of City Council T-3 Page 441 110 Thursday, March 12, 1992 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, McCray, Woods, and Chappell NOES: Council Members Silcox, Matson, and 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 Puente. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, McCray, Woods, and Chappell NOES: Council Members Silcox, Matson, and Meadows ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11043 11 ORDINANCE NO. 11043 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW SECTION 2-189, "RESIDENCY REQUIREMENTS FOR CITY EMPLOYEES; STANDARDS FOR RESPONSE BY CERTAIN CITY EMPLOYEES TO CIVIL EMERGENCIES"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; 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 be in full force and effect from and after the date of its passage, and it is so ordained. Mayor Granger re Mayor Granger expressed appreciation to all of the citizens who worked with the task expressed appreciatior force and all of the citizens from the environmental groups that helped the task force to to all citizens recommend the establishment of an Environmental Advisory Committee. with the taxk force Mr. Charles Brink re Mr. Charles Brink, 7600 Anglin Drive, appeared before the City Council and requested Environmental Advi- that the City Council give favorable consideration for the resolution authorizing the sory Committee establishment of an Environmental Advisory Committee. Mr. Earl Burnam re Mr. Earl Burnam, Conservation Co -Chair for the Audubon Society, 3821 Burkett Drive, Environmental Advi- appeared before the City Council and urged the City Council to move forward with the sory Committee establishment of an Environmental Advisory Committee and include the consolidation of the environmental agencies on today and requested that the committee membership include members of various environmental groups. Council Member Matson made a motion, seconded by Council Member Chappell, that the resolution authorizing the establishment of an Environmental Advisory Committee for the City of Fort Worth, Texas, appointing membership, setting goals and objectives, as authorized by the City of Fort Worth, be continued for two weeks and that the resolution be referred to the Boards and Commissions Committee. Ms. Mary Scott re Ms. Mary Scott, President of Tarrant Coalition for Environmental Awareness, 1101 Environmental Advi- Circle Lane, Bedford, Texas, appeared before the City Council and requested that the City sory Committee Council go forward with the establishment of the Environmental Advisory Committee and expressed appreciation to the Mayor and City staff for allowing her the opportunity to work with the task force and stated that the preliminary work should continue and advised Council that she is in favor of consolidating environmental issues. Mr. Jim Schermbeck re Mr. Jim Schermbeck, representing Texans United, 2101 South Edgefield, Dallas, Texas, Environmental Advi- appeared before the City Council and urged the City Council to adopt the resolution sory Committee authorizing the establishment of an Environmental Advisory Committee for the City of Fort Worth and expressed concerns regarding the selection process of individuals who are not represented on the resolution such as grass roots groups that deal with environmental issues and expressed concerns regarding the participation and the involvement of minorities. Mr. Webster D. Arm- Mr. Webster D. Armstrong, 3629 Vancouver Drive, appeared before the City Council and strong re Environments requested that he be considered for an appointment to the Environmental Advisory Committee. Advisory Committee Ms. Edith Heil re Ms. Edith Heil, representing the League of Women Voters, 6009 Ridglea Way, appeared Environmental Advi- before the City Council and commended the City Council on its timely response to the request sory Committee lof the citizens for an Environmental Advisory Committee. Environmental Advi- When the motion, that the resolution authorizing the establishment of an. Environmental sory Committee resolu- Advisory Committee for the City of Fort Worth, Texas, appointing membership, setting goals tion cont. for two and objectives as authorized by the City of Fort Worth, be continued for two weeks and that weeks the resolution be referred to the Boards and Commissions Committee, was put to a vote by the Mayor, it prevailed unanimously. Mayor Granger re Mayor Granger requested that an item be put on the work session for April regarding establishment of the establishment of Council Proposals and what kind of documentation should be provided Council Proposals be put on work session for April Minutes of City Council T-3 Page 442 443 Thursday, March 12, 1992 Mayor Granger re along with the Council Proposal and also announced that a Town Hall Meeting will be held on Council Proposals March 26, 1992, at the Tarrant County Convention Center from 6:00 p.m. until 11:00 p.m. in cont. order to receive input from citizens. Mr. Ted Que re Mr. Ted Que, 3733 Earl Street, appeared before the City Council and expressed his CODE:BLUE appreciation to the City Council for the CODE:BLUE.Program and for trying to make the City of Fort Worth a better place to live and requested that the City Council make a public statement to the effect that no additional parking meters will be added around the Will Rogers Complex. M&C OCS-400 re There was presented Mayor and Council Communication No. OCS-400 from the Office of the Liability Bonds City Secretary recommending that the City Council authorize -the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BOND Del Weston Concrete INSURANCE COMPANY State Farm Fire and Casualty Company Leroy Weisheit Universal Surety of America M&C OCS-400 adopted It was the consensus of the City Council that the recommendation be adopted. M&C OCS-401 re There was presented Mayor and Council Communication No. OCS-401 from the Office of the Claims City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Charles E. Zivney State Farm Insurance Co. (Bob Wagner) Suzanne O.B. O'Connell Mrs. Tommy W. Trimble D. Alice Valdez Rebecca Castruita Lauro Valdez 1. 2. 3. 4. 5. Cf 7. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Charles E. Zivney February 27, 1992 February 16, 1992 South of Forest Park Blvd. & Henderson $30.00 Claimant alleges damages to automobile sustained as a result of a diesel fuel spill from a dump truck. State Farm Insurance Co. (Bob Wagner) February 26, 1992 January 20, 1992 Undeclared $1,256.86 Claimant alleges subrogation rights on behalf of insured, Richard Huysie. Suzanne O.B. O'Connell February 27, 1992 February 12, 1992 4809 Washburn Avenue Undeclared Claimant alleges damages to sprinkler system sustained as a result of street crew making repairs to the street. Mrs. Tommy W. Trimble February 4, 1992 Two year period 4125 Shannon Undeclared, Claimant alleges damages to property sustained as a result of a broken water main. D. Alice Valdez March 2, 1992 February 3, 1991 Fort Worth Auto Pound $50.00 Claimant alleges damages, an unnecessary impounding fee, sustained as a result of Police Officer's failure to report recovery of stolen vehicle in timely manner. Rebecca Castruita March 2, 1992 February 13, 1992 Intersection of Rosedale & McKenzie $371.25 plus follow up doctor visit Claimant alleges injuries sustained as a result of falling from curb into the street. Lauro Valdez March 2, 1992 February 4, 1992 Minutes of City Council T-3 Page 443 Lauro Valdez claim Attorney: cont. Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Wayne Whitesell 8. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Michael A. Castillo D.E. Oliver Waites David Stevenson M&C OCS-400 adopted M&C OCS-402 Correspondence from Mr. & Mrs. Guy Jouett re recycling program 9. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 10. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 11. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Thursday, March 12, 1992 Sepulveda and Garcia (Mr. Eloy Sepulveda) 2200 block of Hemphill St., Fort Worth, Texas Undeclared Claimant alleges injuries and damages sustained as a result of a vehicular accident involving a City vehicle. (Police) Wayne Whitesell March 3, 1992 February 21, 1992 Lancaster & Riverside $200.00 Claimant alleges injuries sustained as result of a pedestrian and vehicular accident involving a City -owned truck. Michael A. Castillo March 3, 1992 January 14, 1992 E. Biddison $580.00 Claimant alleges damages the Police's failure to timely manner regarding vehicle. D.E. Oliver Waites March 5, 1992 February 1992 3006 Lee sustained as result of notify claimant in a recovery of stolen $67.50 Claimant alleges damages sustained as a result of a clamp becoming dislodged from a water meter causing excessive water loss. David Stevenson March 4, 1992 February 20, 1992 James Stanley 5200 Trail Lake Drive Undeclared Claimant alleges damages and injuries sustained as a result of vehicle colliding into a four foot high pile of asphalt. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-402 from the Office of the City Secretary recommending that correspondence from Mr. and Mrs. Guy Jouett, 7662 Shallow Water Court, requesting that a mandatory recycling program be added to the new waste management contract to begin in October 1992, be referred to the Office of City Manager. It was the consensus of the City Council that the recommendation be adopted. Beneift Hearing It appearing to the City Council that the City Council on February 4, 1992, set today BH -0084 as the date for the benefit hearing in connection with the assessment paving of Vera Avenue Vera Avenue from from Dunbar Street to Calumet Street and that notice of the hearing has been given by Dunbar Street to publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Calumet Street Fort Worth, Texas, on February 12, 13, and 14, 1992, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re BH -0084 Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is unavailable for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0084, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF VERA AVENUE FROM DUNBAR STREET TO CALUMET STREET (PROJECT NO. 67-040220) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting, property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Vera Avenue from Dunbar Street to Calumet Street. Minutes of City Council T-3 Page 444 . or - . j, 445 Thursday, March 12, 1992 H-0084 cont. 11 DISCUSSION• The 1986 Capital Improvement Program included funds for the improvement of Vera Avenue from Dunbar Street to Calumet Street. The street is in the Stop Six 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. Vera Avenue will be constructed with standard concrete pavement including standard driveways and sidewalks will be built where shown on the plans. On February 4, 1992 (M&C G-9497), the City Council established March 12, 1992, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 12,187.84 ( 9%) City's share of cost $127,512.16 ( 91%) Total cost $139,700.00 (100%) Unusual situation: A church and associated church property is located on Lots 3A, 4A, 5A, 6A and 7A, Block 2, Stallcup Addition; however, the lots are registered as the property of an individual and are not exempted from property taxes as a place of worship. In accordance with the Assessment Paving Policy the standard residential rate has been applied. The property owner has been notified and is in process of obtaining a church exemption. If the exemption is approved prior to the project being completed and accepted by the City Council, the assessment will be recomputed using the Church -Exempt Rate. This will reduce the assessment from $6,062.00 to $2,428.50. The project is in DISTRICT 5. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Vera Avenue from Dunbar Street to Calumet Street, Council Member McCray made a motion, seconded by Council Member Woods, that an ordinance be adopted closing the benefit hearing and levying assessments as proposed. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance 11 The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; 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. 11044 II ORDINANCE NO. 11044 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF VERA AVENUE FROM DUNBAR STREET TO CALUMET 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-9547 re There was presented Mayor and Council Communication No. G-9547 from the City Manager, Indoor firing range as follows: SUBJECT: INDOOR FIRING RANGE - 2420 N.E. 28TH STREET RECOMMENDATION: It is requested that the City Council consider for approval the application for installation of an indoor firing range at 2420 N.E. 28th Street. DISCUSSION: Mr. Robert Spradling, owner of Fort Worth Law Enforcement Supply, is requesting permission to install an indoor firing range at 2420 N.E. 28th Street. The firing range equipment is manufactured by Caswell International Corporation, and will be installed in an existing building. All local codes will be met. All Minutes of City Council T-3 Page 445 ow Thursday, March 12, 1992 expended lead bullets and dust sweepings from the floor will be disposed of M&C G-9547 cont. properly by a licensed contractor. Section 23-6 of the City Code states: It shall be unlawful for any person to shoot off, fire or discharge any gun, pistol, revolver or any firearm of any description within the city; provided, that this section shall not be so construed as to prohibit the discharge of firearms on premises owned or operated by any branch of the armed services of! the United States government, Texas National Guard, Texas State Guard or any responsible organization existing for the purpose of operating and maintaining a rifle or pistol firing range, providing such discharge is in the course of the regular functions and course of training of such branch of the armed services of the United States government, Texas National Guard, Texas State Guard or such other organization; provided further, that such branch of the armed services or other organization has secured and holds a permit from the city council so to do on the premises involved. Mr. Spradling has made no claim to be representing any organization. This is a commercial range open to the public. The Building Inspection Division, Development Department, forwards this M&C in order to issue the permit without making any recommendation, for or against. Mr. John Barber re Mr. John Barber, 1300 South University Drive, Suite 500, appeared before the City M&C G-9547 Council and advised City Council that Mr. Spradling is the owner and will be the operator of the indoor firing range located at 2420 N.E. 28th Street; that Mr. Spradling bought the building and has remodeled it; advised Council that the range participants will mainly be police officers and security guards; that the range is currently operational and that Mr. Spradling has spent over $100,000.00 in this project; and stated that it was an oversight on Mr. Spradling's part in not knowing that a permit was required to operate a firing range. Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City M&C G-9547 Council and advised City Council that the requirement for a permit to operate a firing range is not in the Building Code but in The City Code of the City of Fort Worth. Mr. Barber re Mr. Barber requested that the City Council delay voting on this item until he can M&C G-9547 prepare a preliminary report for the City Council involving the firing range. Chief Thomas Windham Chief Thomas Windham appeared before the City Council and advised Council that early re M&C G-9547 in 1990 this particular business was reported selling brass knuckles to gang members and that, during investigation, the Police Department did find two illegal weapons and these cases are still pending. Council Member Puente made a motion, seconded by Council Member Woods, that the recommendation, as contained in Mayor and Council Communication No. G-9547, be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9551 re There was presented Mayor and Council Communication No. G-9551 from the City Manager, Assignment Pay as follows: SUBJECT: ASSIGNMENT PAY - FIELD OPERATION CAPTAIN POSITIONS RECOMMENDATION: It is recommended that the City Council approve the attached amendment to Chapter 27, of the Code of the City of Fort Worth, Texas (1986), providing for the payment of assignment pay for the Captain positions who are assigned by the Chief of Police to the North, East, South, and West Field Operations Divisions. DISCUSSIONS: Section 143.042 (d) of the Local Government Code of the Police and Fire Civil Service Act permits the City Council to authorize assignment pay for police officers performing specialized functions in their department. The amount of assignment pay must be established by ordinance and is in addition to the police officer's regular pay. Such an ordinance may set criteria that provides for payment only to a police officer on a special assignment. Chief Thomas R. Windham has requested an amendment to Chapter 27, Code of the City of Fort Worth, establishing assignment pay for the Captain positions assigned to the North, East, South and West Field Operations Divisions. The attached amendment permits the Chief of Police to designate those Captains who will be assigned to those positions. The last five years the Police Department has undergone a major reorganization and a significant amount of additional duties have been required of the Captain positions in the Field Operations Divisions. Prior to decentralization, the Patrol Captains were responsible for one eight-hour shift, with no investigative functions assigned to them. With decentralization, a Captain was assigned complete responsibility for one of the four geographically designated commands within the City. In addition, investigative functions were placed within each Field Operations Division, adding to the responsibilities and duties of those four positions. Each Captain Minutes of City Council T-3 Page 446 447 Thursday, March 12, 1992 now supervises approximately 140-155 employees with overall responsibility for M&C G-9551 cont. the management and direction of their respective division. The Field Operations Captain must respond to all major incidents which occur under their command which subjects them to being called back for duty at any time of the day or night. Any special events or activities which require additional police activity is directed and coordinated by the Field Operations Captain which may involve additional departmental personnel or other agencies. Also, the desire of the department to maintain and enhance our community oriented policing requires a significant amount of time and effort from these employees. These Captains must be actively involved with various neighborhood and community groups to provide guidance and direction in implementing and fostering the departmental commitment to the community in crime reduction and prevention. Therefore, the four divisional Field Operations Captain positions are recommended to receive assignment pay for the remainder of the fiscal year. The Captain positions so designated shall receive assignment pay of 10% of their base pay rate as shown in the City's salary schedule for the current fiscal year. "Base pay rate" shall not include amounts otherwise received for longevity pay, educational incentive pay, certification pay, shift differential pay, other assignment pay, nor overtime or comp time payment. This ordinance does not create, by implication or otherwise, any new classified positions, vacancies or ranks within the Police Department. Funds required to implement the assignment pay for the remainder of the fiscal year total $10,724.00. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for these expenditures are available in the current operating budget of the General Fund. Funds budgeted in Non -Departmental for salary increases will be utilized for the proposed expenditure. Police Chief Windham Police Chief Thomas Windham appeared before the City Council and advised Council that re M&C G-9551 the assignment pay is similar to the Watch Commander; that the pay is temporary for the person occupying this position of Field Operation Captain; informed Council that a considerable amount of responsibility is placed on these Captains; and advised Council that there are 12 Captains, but only four positions are effected by the assignment pay. Council Member Matson Council Member Matson excused himself from the Council table at this time. excused himself Council Member Woods made a motion, seconded by Council Member Puente, that the recommendation, as contained in Mayor and Council Communication No. G-9551, 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 Puente. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 11045 II ORDINANCE NO. 11045 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986); PROVIDING FOR THE PAYMENT OF ASSIGNMENT PAY TO CAPTAINS SERVING AS FIELD OPERATIONS DIVISION COMMANDERS WITHIN THE POLICE DEPARTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT HEREBY KNOWN: WHEREAS, the Chief of Police has advised the Council of the ongoing operations of the Police Department, and particularly in regard to the operation of the four separate Field Operations Divisions recently established throughout the City; and WHEREAS, the Council finds that those individuals at the rank of Captain who are from time -to -time assigned to perform the specialized duties and functions in police work as well as in the administration of a Field Operation Division are deserving of additional compensation by way of assignment pay; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council T-3 Page 447 2/09 Thursday, March 12, 1992 Ordinance No. SECTION 1. 11045 cont. That Chapter 27 of the Code of the City of Fort Worth, Texas (1986), is hereby amended by adding a new Section 27-30 to read as follows: "Sec. 27-30. Assignment Pay - Captains of Field Operations Divisions. "(a) The Police Chief may designate individuals from the classification of Captain for assignment to the duties of commanding a Field Operations Division of the Department. Captains so assigned will perform the following functions with the department: (1) Plan, direct, supervise and manage the daily operations and personnel of the Field Operations Division under their command; and (2) Represent police department operations by providing to the division personnel and the citizens of the community competent technical knowledge and expertise in laws, regulations, ordinances, law enforcement, policing functions and overall departmental operations; and (3) Perform other specialized duties as assigned by the police chief. "(b) Police Captains who perform .the above specialized functions at each of the Field Operations Divisions shall receive in addition to their regular pay an additional sum equal to ten percent (10%) of a Captain's base salary as assignment pay. 'Base salary' shall be that amount as shown in the City's salary schedule for the current fiscal year." M&C G-9552 re There was presented Mayor and Council Communication No. G-9552 from the City Manager Statement of Cash stating that the City Council authorized the City Manager to execute an agreement on Management Policy September 24, 1991, with The American Center for Cash Management Studies to assist in evaluating and strengthening the City's cash management policies and procedures; that the need for this review primarily resulted from the resignation of a key staff member early in 1991, the lack of familiarity on the part of remaining staff with the technical details of the City's cash management operation, and the decision to expand the role of the City Treasurer and streamline the Treasury function; that the Policy Statement consolidates and clarifies Council policy, separating and emphasizing the policy direction from the more - detailed administrative procedures required to carry out that policy; the policy mandates absolute safety and integrity of the City's financial assets; compliance with all local, state, and federal laws and professional standards, utilization of competitive bidding practices with outside financial intermediaries whenever practicable, written standards and guidelines for the City's cash management operations, and prudent investment guidelines and standards; that the Policy further instructs the City Treasurer to promulgate and maintain a written Statement of Cash Management Rules and Regulations, subject to the approval of City Manager and Director of Fiscal Services; and recommending that the City Council adopt the Statement of Cash Management Policy. Council Member Meadows made a motion, seconded by Council Member Woods, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. (The Statement of Cash Management Policy is incorporated herein by reference thereto and is included in the Council proceeding file of the meeting of March 12, 1992.) M&C G-9553 re There was presented Mayor and Council Communication No. G-9553 from the City Manager Modern Art Museum of stating that the Modern Art Museum of Fort Worth has requested City Council approval to Fort Worth display a banner across the 400 Block of West Seventh Street between Taylor and Lamar Streets to promote awareness of the Museum's 100th Anniversary; that Fleming Sign Company will secure the necessary permit and install, service, and remove the banner; that this request requires City Council approval since it exceeds the 15 day time limit for administrative approval; and recommending that the City Council approve the request of the Modern Art Museum of Fort Worth to display an over -the -street banner across the 400 Block of West Seventh Street from Thursday, April 9, through Monday, May 11, 1992. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-9554 from the City Manager M&C G-9554 re recommending that the City Manager be authorized to execute a work authorization in water main replace- accordance with AR3-3 for water main replacement in Rose Hill Drive by Water Department ment in Rose Hill Field Operations crews; that the project is located in Rose Hill Drive from Lancaster Avenue Drive to Routt Street; that the total estimated project cost is $116,902.09; with funds available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9555 re There was presented Mayor and Council Communication No. G-9555 from the City Manager disposal of public stating that records belonging to the Police Department have been targeted for disposition; records in Police that procedures for disposal of public records outlined in City of Fort Worth Administrative Department Regulation 1-30 were followed; that the requests to dispose of the records were reviewed and ,approved by the Police, Law, Internal Audit, Risk Management and the Records and Information Management Office departments prior to submission to the Texas State Library; and recommending that the City Council approve the disposal of public records, as follows: Records Title Dates Volume Computer Printouts 1/88 - 12/89 100 cu. ft. Minutes of City Council T-3 Page 448 Thursday, March 12, 1992 Council Member Silcox made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. G-9556 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Silcox 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: Ordinance No. 11046 ORDINANCE NO. 11046 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE TEMPORARY LABOR FUND IN THE AMOUNT OF $121,060.00 FOR THE PURPOSE OF PROVIDING TEMPORARY LABOR SERVICES TO EMPLOYMENT AND TRAINING; 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. 1. P805 Messages M&C G-9555 cont. 2. P292 Messages M&C G-9557 re 3. 9-1-1 ANI Printouts acceptance of donation 4. 9-1-1 ALI Printouts from the Target Stores 5. Phone Position Reports M&C G-9555 adopted It was the consensus of the City Council that the recommendation be adopted. Council Member Matson Council Member Matson assumed his chair at this time. assumed his chair shoplifting by store employees who might be tempted to be involved in criminal activity and M&C G-9556 re There was presented Mayor and Council Communication No. G-9556 from the City Manager Temporary Labor stating that the Employment and Training Department has requested 13 additional temporaries Services for JTPA for the JTPA summer programs through the Working Connection; that, in order to fund the Employment and Trainin program a supplemental appropriation of $121,060.00 is required; that the Director of Fiscal Services certifies that upon adoption of the supplemental appropriation ordinance funds required for this expenditure will be available in the operating budget of the Temporary Labor Fund; and recommending that the City Council adopt a supplemental appropriations ordinance increasing estimated receipts and increasing appropriations in the Temporary Labor Fund by $121,060.00 from increased revenues and authorize the $121,060.00 to be used to Introduced an provide Temporary Labor services to Employment and Training. Council Member Silcox made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. G-9556 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Silcox 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: Ordinance No. 11046 ORDINANCE NO. 11046 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE TEMPORARY LABOR FUND IN THE AMOUNT OF $121,060.00 FOR THE PURPOSE OF PROVIDING TEMPORARY LABOR SERVICES TO EMPLOYMENT AND TRAINING; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. AYES: Mayor Granger; 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 449 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-9557 re There was presented Mayor and Council Communication No. G-9557 from the City Manager acceptance of donation stating that Ms. Theresa Mosier, with Target Stores Security, is donating $2,000.00 to the from the Target Stores Police Department to enhance the crime prevention effort for businesses city-wide; that two Law Enforcement brochures would be designed and printed to be utilized in a program to address the areas of concern of local businesses; that the first brochure would address internal theft and shoplifting by store employees who might be tempted to be involved in criminal activity and the second brochure would be designed to help employees identify various techniques used by property -crime criminals, including fraudulent checks, counterfeit currency, credit card abuse, as well as "till taps" and quick change artists; and recommending that the City Council authorize the City Manager to accept in the Special Trust Fund the donation of $2,000.00 from the Target Stores Law Enforcement Grant Program; approve an appropriations ordinance increasing estimated receipts and appropriation in the Special Trust Fund by $2,000.00 from increased revenue; and approve the use of $2,000.00 by the Police Department to design and print 10,000 business oriented crime prevention brochures. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption lof 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 449 MR Thursday, March 12, 1992 Ordinance No. 11047 11 ORDINANCE NO. 11047 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $2,000.00 FOR THE PURPOSE OF ACCEPTING A DONATION FROM THE TARGET STORE LAW ENFORCEMENT GRANT PROGRAM; 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-9559 re There was presented Mayor and Council Communication No. G-9559 from the City Manager, positions of Fire as follows: Dpartment Firefighters SUBJECT: ADJUSTMENT OF CIVIL SERVICE AUTHORIZED STRENGTH FOR THE FIRE DEPARTMENT RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance increasing the authorized positions of Fire Department Firefighter from 308 to 311; increasing the number of Fire Engineers from 154 to 157; and, reaffirm the intent to delete two Fire Captain positions and one Fire Lieutenant position upon the occurrence of the next vacancies in said ranks. DISCUSSION: The 1991-92 adopted budget for the Fire Department included a total of 661 civil service positions - 6 Deputy Chiefs, 17 District Chiefs, 76 Captains, 98 Lieutenants, 156 Engineers, and 308 Firefighters. The adopted budget also called for the deletion of five (5) positions through attrition - 2 Captains, 1 Lieutenant and 2 Engineers - which would result in a revised civil service staff of 656. Subsequent to the adoption of the 1991-92 adopted budget, litigation involving Fire Department staffing and duties concerning the City's Meacham Airport Aircraft Crash and Rescue operations was concluded. A court judgment required that all crash and rescue operations be performed by civil service personnel in the Fire Department effective January 3, 1992. Since the Meacham Airport personnel who were transferred to the Fire Department did not have civil service status, they had to be replaced by civil service Fire Department staff on the above date. Since January 3, 1992, the Fire Department has been staffing the station at Meacham Airport through the use of overtime personnel. The Fire Chief has submitted a staffing proposal for Meacham that will use two (2) personnel per shift (1 engineer and 1 firefighter), as opposed to the previous staffing of three (3) per shift. This will result in the need for three (3) engineers and three (3) firefighters to cover the three 24 hour shifts. In order to accomplish the proposed staffing changes, staff is recommending that the City Council rescind the deletion of the two (2) engineer positions that was included in the 1991-92 budget and authorize the hiring of one (1) additional engineer. Three (3) additional firefighters will be authorized and the positions will be filled upon graduation of the next class. The two (2) captains and one (1) lieutenant will still be deleted as soon as a vacancy occurs in the respective ranks. Once these changes are made, the revised civil service staffing for the Fire Department will be 662 - 6 deputy chiefs, 17 district chiefs, 74 captains, 97 lieutenants, 157 engineers, and 311 firefighters. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget of the General Fund. N&C G-9559 adopted On motion of Council Member Chappell, seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. G-9559, was adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member 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 Minutes of City Council T-3 Page 450 451 Thursday, March 12, 1992 The ordinance, as adopted, is as follows: Ordinance No. 11048 11 ORDINANCE NO. 11048 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE FIRE DEPARTMENT; ADDING THREE FIREFIGHTER POSITIONS TO THE TOTAL AUTHORIZED STAFFING; ADDING ONE ENGINEER POSITION TO THE TOTAL AUTHORIZED STAFFING; PROVIDING THE STATEMENT OF INTENT TO DELETE TWO CAPTAIN AND ONE LIEUTENANT POSITIONS AT A LATER DATE FROM THE TOTAL AUTHORIZED STAFFING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. 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 The resolution, as adopted, is as follows: Resolution No. 1810 11 RESOLUTION NO. 1810 DECLARING THE CITY OF FORT WORTH'S DESIRE TO PARTICIPATE AS A U.S. DEPARTMENT OF JUSTICE WEED AND SEED CITY WHEREAS, the U.S. Department of Justice has created a program called "Weed and Seed" which is a comprehensive and coordinated multi -agency approach to law enforcement and community revitalization; and WHEREAS, the "Weed and Seed Program" is a comprehensive and intergrated approach to addressing violent crime, drug abuse, gang activity and deteriorating social and economic opportunities within a targeted high crime community; and WHEREAS, there exists within the City of Fort Worth an area of approximately fifteen square miles which includes the neighborhoods of Stop Six, Near Southeast and Polytechnic which represents 5.5% of the City's territory and 10% of the City's population and which in 1991 experienced a 24% increase in Park I crimes, had 33% of all gang members in Fort Worth, had 45% of all Minutes of City Council T-3 Page 451 was presented Mayor and Council Communication No. G-9560 from the City Manager M&C G-9560 reThere stating that Fort Worth is among 16 cities across the country invited to compete for a pilot U.S Department of location of the U.S. Department of Justice's Weed and Seed Program; that approximately ten Justice's Weed and cities will be chosen from among the 16 finalists to receive grants of up to $1,500,000.00; Seed Program that these funds are to enhance existing law enforcement efforts in the target area; that the Weed and Seed Program is a comprehensive and coordinated multi -agency approach to law enforcement and community revitalization; that the first task, "weeding", is accomplished by utilizing the resources of the Criminal Justice System, including intensive law enforcement efforts to remove and incapacitate violent criminals and drug traffickers from targeted neighborhoods; that the second task, "seeding", restores the community by providing broad economic and social opportunities developed in cooperation with other federal, state, and local agencies, along with public and private organizations and community groups; that the targeted Fort Worth neighborhoods include Stop Six, Near Southeast and Polytechnic; that the target boundaries are the South Freeway (I-35) south to Berry Street, Berry Street east to South Berry Street, South Berry Street east to Mitchell Boulevard, Mitchell Boulevard north to Berry Street, Berry Street east to Loop 820, Loop 820 north to Union Pacific right- of-way, west to South Freeway (I-35); that, in addition to receiving up to $1,500,000.00 in grant monies for "weed" activities from the Executive Office of United States Attorney's funds and the Bureau of Justice Assistance funds, Weed and Seed cities may receive grants from a variety of other federal and state agencies to enhance the "seeding" activities in the target area; and recommending that the City Council adopt a resolution endorsing the City of Fort Worth's participation in the U.S. Department of Justice's Weed and Seed Program; authorize the City Manager to join with the Citizen's Crime Commission of Tarrant County in submitting an application for Weed and Seed grant funding and accept such funds if awarded; authorize the Accounting Division of the Fiscal Services Department, subject to grant award and the City Manager's acceptance of the grant, to establish Weed and Seed project accounts in the City of Fort Worth's financial accounting system; waive the application of any indirect costs rates; and authorize acceptance of any additional funds which may become available for Weed and Seed projects. Council Member Chappell made a motion, seconded by Council Member Woods, that the recommendations be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. 1810 11 RESOLUTION NO. 1810 DECLARING THE CITY OF FORT WORTH'S DESIRE TO PARTICIPATE AS A U.S. DEPARTMENT OF JUSTICE WEED AND SEED CITY WHEREAS, the U.S. Department of Justice has created a program called "Weed and Seed" which is a comprehensive and coordinated multi -agency approach to law enforcement and community revitalization; and WHEREAS, the "Weed and Seed Program" is a comprehensive and intergrated approach to addressing violent crime, drug abuse, gang activity and deteriorating social and economic opportunities within a targeted high crime community; and WHEREAS, there exists within the City of Fort Worth an area of approximately fifteen square miles which includes the neighborhoods of Stop Six, Near Southeast and Polytechnic which represents 5.5% of the City's territory and 10% of the City's population and which in 1991 experienced a 24% increase in Park I crimes, had 33% of all gang members in Fort Worth, had 45% of all Minutes of City Council T-3 Page 451 452 Thursday, March 12, 1992 narcotic search warrants in the City executed in it, experienced 21% of all Resolution No. 1810 rapes and 25% of all aggravated assaults occurring in the City, had 19% of all cont. robberies, many of an extremely violent nature, a number of which ended in murder and attempted murders, and finally, had 37% of all murders committed in the City, representing an 89% increase over 1990; and WHEREAS, the residents, business people, religious leaders, educators, social service providers, law enforcement agencies and government officials from the federal, state and local levels are all committed to working together to reduce the incidence of violent crime, drug-trafficking and drug-related crimes and to restore this community making it a safe environment for law-abiding citizens to live, work and raise a family; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. The City of Fort Worth enthusiastically endorses the concepts and approaches embodied in the U.S. Department of Justice's Weed and Seed Program and will join with the Citizens Crime Commission of Tarrant County as a co - applicant to participate as a pilot Weed and Seed City. II. The targeted' area shall include the neighborhoods of Stop Six, Near Southeast and Polytechnic. The area shall be bounded by the South Freeway (I- 35) south to Berry Street, Berry Street east to South Berry Street, South Berry Street east to Mitchell Boulevard, Mitchell Boulevard north to Berry Street, Berry Street east to Loop 820, Loop 820 north to Union Pacific ROW west to South Freeway (I-35). Community policing which has already been initiated by the Fort Worth Police Department will be expanded in the target area. IV. Other resources available through the various City departments will be brought to bear in the community restoration process. V. In adopting this resolution, the City of Fort Worth commits to cooperating and collaborating with federal, state, local and private agencies as well as area residents and business people in order to achieve the goals of the Weed and Seed Program. M&C P-5509 re There was presented Mayor and Council Communication No. P-5509 from the City Manager purchase from Crafco submitting a quotation received for the purchase of a hot crack seal machine for the City Texas, Inc. Services Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the current operating budget, as appropriated, of the Airports Fund; and recommending that the purchase be made from Crafco Texas, Inc., on its quotation for an amount not to exceed $11,455.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-5510 re There was presented Mayor and Council Communication No. P-5510 from the City Manager urchase agreement stating that the City Council authorized a purchase agreement with two one-year options to ith G & S Company renew on April 2, 1991, by Mayor and Council Communication No. P-4858 with G & S Company to provide janitorial service for the Police Department at 3345 Winthrop; that service has been satisfactory and the vendor has agreed to renew at the original bid price; that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the General Fund, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the City Council exercise its first renewal option of the purchase agreement with G & S Company to provide janitorial service for the Police Department for an amount not to exceed $8,640.00 annually, with purchase agreement to begin April 1, 1992, and end March 31, 1993, with one more renewal option remaining. It was the consensus of the City Council that the recommendations be adopted. &C P-5511 re There was presented Mayor and Council Communication No. P-5511 from the City Manager, ehicle Conversion as follows: SUBJECT: VEHICLE CONVERSION TO TEST ALTERNATE FUELS FOR THE CITY SERVICES DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve: 1. The conversion of three vehicles to Liquid Petroleum Gas (LPG) for the City Services Department from the sole source vendor, Suburban Propane Co., for an amount not to exceed $4,800.00, and 2. The conversion of two vehicles to Compressed Natural Gas (CNG) for the City Services Department from the sole source vendor, Lone Star Energy, for an amount not to exceed $7,950.00, and Minutes of City Council T-3 Page 452 453 Thursday, March 12, 1992 3. A six month lease of a two -hose slow fill natural gas filler from Lone M&C P-5511 cont. 11 Star Energy for a total amount not to exceed $510.00. Total expenditure not to exceed $13,260.00 net, f.o.b. Fort Worth. DISCUSSION: Presently school districts, transit organizations and state vehicles are required to start converting to an alternate clean fuel with at least 20 percent of their vehicles being converted by year end 1992. The City of Fort Worth's fleet is not presently required to convert to a clean fuel but conditions may change based on 1992-93 State legislation action. Equipment Services Division wishes to be ahead of the expected mandated conversion. To accomplish this, ESD wishes to test the two (2) main alternative fuels (LPG & CNG) under actual operational conditions. The third alternative fuel, Liquefied Natural Gas, testing would be accomplished as soon as equipment modifications and refueling are established sometime in 1993. The City would like to enter into a test agreement with both Suburban Propane and Lone Star Energy for a test of at least six (6) months. If the tests prove to be satisfactory to ESD then ESD would pay the vendors for their- conversions. If the tests are not satisfactory then the vendors would remove the conversions at their expense. This testing has been thoroughly discussed with the City's Environmental Compliance Office and has their approval. The decision of what alternate fuel the City will use will not be made until requirements from the State are finalized. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this expenditure are available in the Equipment Services Fund. Council Member Puente Council Member Puente advised the citizens that the City of Fort Worth is looking at re M&C P-9511 converting at least six to eight vehicles to liquid petroleum gas or to compressed natural gas and advised staff that this also will be good for the environment. M&C P-5511 adopted Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. P-5511, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-5512 re There was presented Mayor and Council Communication No. P-5512 from the City Manager purchase agreement stating that the City Council approved Mayor and Council Communication No. P-4826 on March with Barr Company 19, 1991, for the printing of the City Times; that Mayor and Council Communication No. P- 4885 approved on April 16, 1991, amended Mayor and Council Communication No. P-4826 with a one year renewal option; that the City Manager's Office wishes to exercise this option to renew with the Barr Company; that purchasing was notified by the Barr Company that their price would remain firm for another year; that the total of this agreement will be $32,892.00 for one year, $2,741.00 per month; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the City Council exercise its option to renew the purchase agreement with the Barr Company for the printing of the City Times for the Public Information Office, with term of agreement to begin March 31, 1992, and end March 30, 1993. Council Member Chappel re abstain from Council Member Chappell requested permission of the City Council to abstain from voting on M&C P-5512 voting on Mayor and Council Communication No. P-5512 as a result of a business relationship with the Barr Company. Council Member Meadows made a motion, seconded by Council Member Woods, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. P-5512. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. P-5512 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell M&C P-5513 re There was presented Mayor and Council Communication No. P-5513 from the City Manager purchase agreement stating that the -City Council authorized a one-year purchase agreement with two annual with Heron Industries, renewal options with Heron Industries, Inc., on May 14, 1991, (by Mayor and Council Inc. Communication No. P-4959), to provide metal fabrication; that estimated expenditure for this agreement is $60,000.00; that the service rendered has �been satisfactory and staff has requested that the first option to renew be exercised; that Heron Industries, Inc., has agreed to maintain unit prices as originally bid; that no guarantee has been made that a Minutes of City Council T-3 Page 453 454 Thursday, March 12, 1992 M&C P-5513 cont. specific quantity of goods or services will be purchased; that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the current operating budgets, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that City Council exercise its first of two options to renew the purchase agreement for all City departments with Heron- Industries, Inc., to provide metal fabrication, with term of agreement to begin May 19, 1992, and end May 18, 1993, with the option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5514 re purchase agreement There was presented Mayor and Council Communication No. P-5514 from the City Manager with Delta Distribu- stating that the City Council approved a purchase agreement with Delta Distributors on tors January 21, 1992, by Mayor and Council Communication No. P-5437 to furnish potassium tional Security permanganate to the Water Department; that on January 29, 1992, a letter was received from Service Delta Distributors declaring "force majuere"; that the company's source of raw materials had 1991, by Mayor and Council Communication been destroyed by fire; that Delta Distributors was not informed of the fire until after the bid had been awarded; that the Water Department will use the product to control odor and parts and labor on Enmet gas detectors; taste in the production of potable water; that the Water Department anticipates spending approximately $24,800.00 on this purchase agreement; that the Director of Fiscal Services service rendered certifies that funds required for this anticipated expenditure during the 1991-92 fiscal has been satisfactory and staff year are available in the current budget of the Water Operating Fund, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the City Council authorize the cancellation of the purchase agreement with Delta Distributors to furnish potassium permanganate to the Water Department; and authorize a purchase agreement with DPC Industries, Inc., to furnish potassium permanganate to the Water Department on the second low bid of $2,596.00 per ton, with term of agreement to begin February 25, 1992, and end January 9, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5515 re There was presented Mayor and Council Communication No. P-5515 from the City Manager purchase from Badger submitting a tabulation of bids received for the purchase of circular chart recorders for Meter Inc., C/O the Water Department; stating that the Director of Fiscal Services certifies that funds Precision Products required for this expenditure are available in the Water and Sewer Operating Fund; and recommending that the purchase be made from Badger Meter Inc., C/O Precision Products, on its low bid meeting specifications of $9,312.50, f.o.b. delivered Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5516 re There was presented Mayor and Council Communication No. P-5516 from the City Manager purchase agreement stating that the City Council authorized a one-year purchase agreement, with option to renew with Burns Interna- annually for two years, on February 26, 1991, by Mayor and Council Communication No. P-4759 tional Security with Burns International Security Service to provide security service for the City Hall Service Municipal Building, Public Safety/Courts Building and the Municipal Parking Garage; that a 1991, by Mayor and Council Communication new card reader security system is being installed in City Hall and the Public Safety/Courts Building; that this installation is expected to be completed, tested, and fully operational parts and labor on Enmet gas detectors; by the end of April 1992; that, at that time, the security service by Burns International Security Service will be terminated for City Hall and the Public Safety/Courts Building; service rendered however, it will continue for the Municipal Parking Garage; that the Director of Fiscal has been satisfactory and staff Services certifies that funds required for this expenditure are available in the operating budgets, as appropriated, of the. General Fund and the Parking Building Fund; and recommending that the City Council exercise its first option to renew a purchase agreement for security service with Burns International Security Service for Transportation and Public Works Department on its bid of $7.06 per hour, term of agreement to begin February 27, 1992, and end February 26, 1993, with one additional one-year ,renewal option. It was the consensus of the City Council that the recommendations be adopted.. M&C P-5517 re There was presented Mayor and Council Communication No. P-5517 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide butyl rubber with Delta -Southwest, for the Water Department; stating that the Director of Fiscal Services certifies that funds Inc. of Fort Worth required for this agreement are available in the Water and Sewer Operating Fund; and recommending that a purchase agreement be authorized with Delta -Southwest, Inc., of Fort Worth, on its low bid of unit prices of 0.365 per linear foot meeting City specifications, with term of agreement .to begin February 11, 1992, and end February 10, 1993, with the option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5518 re purchase agreement There was presented Mayor and Council Communication No. P-5518 from the City Manager with Cooper Energy stating that the City Council authorized a one-year purchase agreement on March 14, 1991, Services Group by Mayor and Council Communication No. P-4797 with one annual renewal option with Cooper authorized a one-year purchase agreement Energy Services Group to provide White Superior Engine manufacturer's genuine replacement tion parts; that the total expenditures on this service for the FY 90-91 budget were $100,000.00; 1991, by Mayor and Council Communication that the service rendered has been satisfactory and staff has requested that the last option to renew be exercised; that Cooper Energy Services Group has agreed to maintain its unit parts and labor on Enmet gas detectors; prices dealer list price; that no guarantee has been made that a specific quantity of goods or services will be purchased; that the Director of Fiscal Services certifies that funds service rendered required for this anticipated expenditure during the 1991-92 fiscal year are available in has been satisfactory and staff the Water and Sewer Fund; and recommending that the City Council exercise its last option to renew the purchase agreement for Water Department with Cooper Energy Services Group to provide White Superior Engine manufacturer's genuine replacement parts on its low bid of prices dealer list price, f.o.b. shipping point, prepay and add freight to the ,unit invoices, with term of agreement to begin April 22, 1992, and end April 21, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5519 re purchase agreement There was presented Mayor and Council Communication No P-5519 from the Cit Manager Y 9 with Dantack Corpora- stating that the City Council authorized a one-year purchase agreement with two annual tion renewal options on February 26, 1991, by Mayor and Council Communication No. P-4764 with Dantack Corporation to provide parts and labor on Enmet gas detectors; that the total expenditures on this service for FY 90-91 budget were $2,000.00; that the service rendered has been satisfactory and staff has requested that the first option to renew be exercised; Minutes of City Council T-3 Page 454 455 Thursday, March 12, 1992 P-5519 cont. that Dantack Corporation has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or services will be purchased; that the Director of Fiscal Services certifies that funds required for this expenditure during the 1991-92 fiscal year are available in the Water and Sewer Fund, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the City Council exercise its first of two options to renew the purchase agreement for Water Department with Dantach Corporation to provide parts and labor on Enmet gas detectors for an amount not to exceed $10,000.00, with term of agreement to begin February 25, 1992, and end February 24, 1993, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. P-5520 re There was presented Mayor and Council Communication No. P-5520 from the City Manager chase from Heep an submitting a tabulation of bids received for the purchase of a remanufactured Herman Miller nard Panel System for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating ,budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase be made from Heep and Leonard on its low bid meeting specifications, not to exceed $13,226.07. It was the consensus of the City Council that the recommendation be adopted. M&C P-5521 re There was presented Mayor and Council Communication No. P-5521 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide parts and labor with Metro -Quip, Inc. on chlorine units for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure during the 1991-92 Fiscal Year are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund and the funds required for the 1992-93 Fiscal Year will be included in the proposed budget; and recommending that the purchase agreement..be authorized with Metro -Quip, Inc., on its low overall bid of unit prices of $60.00 per hour for an hourly rate, $90.00 per hour for overtime rate, with no travel expenses, with term of agreement to begin February 25, 1992, and February 24, 1993, with the option to renew for two additional years. It was the consensus of the City Council that the recommendations be adopted. M&C P-5522 re purchase from multiple There was presented Mayor and Council Communication No. P-5522 from the City Manager vendors submitting a tabulation of bids received for the purchase of miscellaneous tools for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the Water and Sewer Operating Fund; and recommending that the purchase be made from various vendors on a low -bid per unit price for a total amount not to exceed $ 8,398.87, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5523 re There was presented Mayor and Council Communication No. P-5523 from the City Manager purchase with multiple submitting a tabulation of bids received for the purchase of traffic signal arms and vendors standards for the Transportation and Public Works Department; stating that the Director of Fiscal Services certifies that funds for this expenditure are available in the General Fund; and recommending that the purchase be made with Smith Steel Fabrication, Dealers Electrical Supply, Union Metal, and Valmont Industries for a total amount not to exceed $94,754.63 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5524 re There was presented Mayor and Council Communication No. P-5524 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase to furnish polymer to the Water with Applied Special- Department; stating that the Director of Fiscal Services certifies that funds required for ties, Inc. this purchase agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that a purchase agreement be authorized with Applied Specialties, Inc., to furnish polymer to the Water Department on its low bid of $0.093 per pound for AS -238, Amannic Polymer and $0.069 per pound for AS -228, Amannic Polymer, with term of agreement to begin March 16, 1992, and end March 15, 1993, with options to renew for three additional one year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5525 re There was presented Mayor and Council Communication No. P-5525 from the City Manager purchase agreement witi submitting a tabulation of bids received for a purchase agreement to provide laboratory Harris Medical services for the Risk Management Department; stating that the Director of Fiscal Services Laboratory certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund, and funds required for the 1992-93 fiscal year will be included in the proposed budget of 1992-93; and recommending that a purchase agreement be authorized with Harris Medical Laboratory on its low bid, meeting City specifications, of $19.50 per test, net, f.o.b. Fort Worth, with term of agreement to begin February 29, 1992, and end February 28, 1993, with an option to renew for one additional year. Council Member Puente abstain from voting Council Member Puente requested permission of the City Council to abstain from voting on M&C P-5525 on Mayor and Council Communication No. P-5525. Council Member Matson made a motion, seconded by Council Member Woods, that Council Member Puente be permitted to abstain from voting on Mayor and Council Communication No. P-5525. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Matson made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. No. P-5525 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: Minutes of City Council T-3 Page 455 456 Thursday, March 12, 1992 M&C P-5525 cont. AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Puente M&C P-5526 re There was presented Mayor and Council Communication No. P-5526 from the City Manager purchase agreement submitting a quotation received for a purchase agreement supply blueline supplies for Office with Oce -Bruning Services; stating that the Director of Fiscal Services certifies that funds required for these anticipated expenditures during the 1991-92 Fiscal Year are available in the current operating budget of the Office Services fund, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the purchase agreement be authorized with Oce -Bruning on its quotation for a total amount not to exceed $7,898.78, with term of agreement to begin March 3, 1992, and end March 2, 1993, with an option to renew for one year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5527 re There was presented Mayor and Council Communication No. P-5527 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide HVAC repair with K&M Service, Inc. service for the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1991-92 Fiscal Year are available in the Funds, and the funds required for the 1992-93 Fiscal Year will be included in the proposed budget; and recommending that the purchase agreement be authorized with K&M Service, Inc., at a labor rate of $33.50 per hour, $47.45 per hour for emergency and weekends, and parts provided at dealer's list less 25 percent discount, net f.o.b. Fort Worth, with term of agreement to begin February 25, 1992, and end February 24, 1993, with two one-year renewal options. It was the consensus of the City Council that the recommendations be adopted., M&C P-5528 re There was presented Mayor and Council Communication No. P-5528 from the City Manager purchase agreement stating that the City Council authorized a one year purchase agreement with Johnson Pump with Johnson Pump Company on August 27, 1991, by Mayor and Council Communication No. P-5180 to provide Company vertical pump repair for the Water Department; that the Park and Recreation Department has a need to utilize this agreement for vertical pump repair at Water Gardens Active Pool; that the estimated expenditure for this agreement by the Park and,Recreation Department is $20,000.00; that the Director of Fiscal Services certifies that funds required for this purchase are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council amend Mayor and Council Communication No. P- 5180 to authorize the Park and Recreation Department to participate in the purchase agreement for vertical pump repair with Johnson Pump Company. It was the consensus of the City Council that the recommendation be adopted. M&C L-10861 re There was presented Mayor and Council Communication No. L-10861 from the City Manager acquisition of tem- recommending that the City Council authorize the acquisition of a permanent and temporary porary and permanent easement described as a portion of Lot R-30, Block 31, Diamond Hill Addition (2600 Block of easement Grover Avenue) from Gracie L. Malone, required for Irion Street drainage, for a total consideration of $200.00, and authorize acceptance and recording of the appropriate easements. It was the consensus of the City Council that the recommendations be adopted. M&C L-10862 re acquisition of There was presented Mayor and Council Communication No. L-10862 from the City Manager per- manent and temporary recommending that the City Council authorize the acquisition of permanent and temporary easements easements described as a portion of Lot 27, Block 12, Southside Addition (804 West Broadus Avenue) from James Joseph Warnock required for M-89 and 14 sewer line replacement, for a total consideration of $368.00, and authorize acceptance and recording of appropriate easements. It was the consensus of the City Council that the recommendations be adopted. M&C L-10863 re acquisition of There was presented Mayor and Council Communication No. L-10863 from the City Manager per- manent utility ease- recommending that the City Council authorize the acquisition of a permanent utility easement ment described as a 15 foot by approximately 83.21 foot strip out of Lot 10Block 15, Overton , West Addition (4400 Riveridge Drive) from Jackie L. Pierce and Patricia A. Pierce, for a total consideration of $1.00, required for eight inch Sanitary Sewer Extension/Willow Lake North Addition; and authorize acceptance and recording of appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10864 re approved fund transfer There was presented Mayor and Council Communication No. L-10864 from the City Manager approved acquisition recommending that the City Council authorize the acquisition of a permanent easement described as a 30 foot by approximately 451.30 foot strip out of Tract 44G2, being of permanent easement and temporary con- part of Block 44, Shelby County School Land Survey, Abstract No. 1375 and a temporary construction struction easement easement described as two strips of land 25 feet in width, adjacent to both sides of the permanent easement from Midland Manufacturing Company for a total consideration of $4,360.00; authorize City Manager to approve a fund transfer in the amount of $4,360.00 from State Revolving Fund, Unspecified, to State Revolving Fund, Village Creek Collector Parallel, Contract III; and authorize acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be adopted. M&C PZ -1658 re vacating portion of There was presented Mayor and Council Communication No. PZ -1658 from the City Manager Ephriham Avenue from recommending that an ordinance be adopted vacating a 98.2 foot wide by 304.02 foot long N.W. 21st Street portion of Ephriham Avenue from N.W. 21st Street to the southwest property line of Lot 1-N, Block 4, West Haven Addition. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council T-3 Page 456 457 Thursday, March 12, 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 Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11049 11 ORDINANCE NO. 11049 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF A STREET RIGHT-OF-WAY LOCATED WITHIN THE WEST HAVEN ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1659 re There was presented Mayor and Council Communication No. PZ -1659 from the City Manager vacating alley and recommending that an ordinance be adopted vacating a ten -foot wide alley and five-foot reservation strip reservation strip located between Lots 1-10, Block 1, Seminary Hill Addition, and Tract 1, William W. Wheat Survey, Abstract 1645, as deeded in the Southwestern Baptist Theological Seminary. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption 11of 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. 11050 11 ORDINANCE NO. 11050 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING AN ALLEY RIGHT-OF-WAY LOCATED WITHIN THE SEMINARY HILL ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1660 re There was presented Mayor and Council Communication No.' PZ -1660 from the City Manager vacating portion of recommending that an ordinance be adopted vacating a ten -foot wide by 90 -foot long portion West Leuda Street of West Leuda Street along the south property line of Lot 6, Block 6, College Hill Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: 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. 11051 11 ORDINANCE NO. 11051 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF A STREET RIGHT-OF-WAY LOCATED WITHIN THE COLLEGE HILL ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-13264 re There was presented Mayor and Council Communication No. C-13264 from the City Manager lease agreement with stating that, in recent weeks, the City Council has approved certain M&C's for the purchase Municipal Service of equipment and vehicles which authorized the City Manager to arrange third party financing Group of these acquisitions; that, subsequently, bids were solicited for third party financing of the purchases approved by Council from December 19, 1991, through February 24, 1992; that the total amount being financed is $1,457,417.25, of which $973,954.25 is being proposed to be financed over 36 months at a cost of $93,822.67 and $483,463.00 is proposed to be financed over 48 months at a cost of $62,280.63; that the recommended provider of third party financing, Municipal Service Group, requires the resolution as a part of the documentation necessary to complete the lease agreement; and recommending that the City Council adopt a resolution approving a municipal lease agreement with Municipal Service Minutes of City Council T-3 Page 457 Thursday, March 12, 1992 M&C C-13264 cont. and Group for equipment purchases. It was the consensus of the City Council that the adopted recommendation be adopted. Introduced a.r Council Member Chappell introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. 1811 RESOLUTION NO. 1811 WHEREAS, the governing body has determined that a true and very real need exists for the acquisition of the Equipment described in the Master Municipal Lease and Option Agreement No. 1 (the "Agreement") presented to this meeting; and WHEREAS, the governing body of the lessee has taken the necessary steps, including any legal bidding requirements, under applicable law to arrange for the acquisition of such Equipment, WHEREAS, the governing body hereby directs its legal counsel to review the Agreement and negotiate appropriate modifications to said Agreement so as to assure compliance with state law and local statutory law, prior to execution of the agreement by those persons so authorized by the governing body for such purpose, BE IT RESOLVED, by the governing body of Lessee that: Finding: Authorized Officers. The terms of said Agreement are in the best interest of lessee for the acquisition of such Equipment and the governing body of lessee designates and confirms the following persons to execute and deliver, and to witness (or attest,) respectively, the Agreement and any related documents necessary to the consummation of the transactions contemplated by the Agreement. RESOLVED, the acquisition of the Equipment,, under the terms and conditions provided for in the Agreement, is necessary, convenient, in the furtherance of and will at all times be used in connection with the lessee's governmental and proprietary purposes and functions and are in the best interest of the lessee and no portion of the equipment will be used directly in any trade or business carried on by any person other than a governmental unit of the State on a basis different from the general public. RESOLVED, the Lessee covenants that it will perform all acts within its power which are or may be necessary to insure that the interest portion of the Rental Payments coming due under the Agreement will at all times remain exempt from federal income taxation under the laws and regulations of the United States of America as presently enacted and construed or as hereafter amended. M&C C-13265 re There was presented Mayor and Council Communication No. C-13265 from the City Manager approved fund trans�v submitting a tabulation of bids received for street paving improvements to Borden Drive from fer;contract with West Vickery Boulevard to Willis Avenue and for water line replacements in Borden Drive; and Walt Williams Con- recommending that the City Council: struction, Inc. and J.D. Vickers, Inc. 1. Approve a $82,562.00 fund transfer from the Water and Sewer Operating Fund, Water Capital Projects to the Water Capital Improvements Fund, Water Replacement Borden Drive, and 2. Approve a $20,100.80 fund transfer for the property owners' share from the Special Assessments Fund to the Street Improvements Bond Fund, and 3. Approve a $187,095.44 bond fund transfer from the Inner City Streets Unspecified Project to the,Borden Drive, West Vickery to Willis Avenue Project in the Street Improvements Bond Fund, and 4. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $197,329.75 with forty-five (45) working days for street paving improvements to Borden Drive from West Vickery Boulevard to Willis Avenue, and 5. Authorize the City Manager to execute a contract with J.D. Vickers, Inc., in the amount of $68,561.60 for the water replacement in Borden Drive. M&C C-13265 adopted IIIt was the consensus of the City Council that the recommendations be adopted. M&C C-13266 re There was presented Mayor and Council Communication No. C-13266 from the City Manager amendment with Texas stating that the City Council approved the Job Training Partnership Act Title IIA Plan for Department of Commerc 1991 and authorized execution of a contract with Texas Department of Commerce on April 30, 1991, by Mayor and Council Communication No. C-12823 for implementation of the Title IIA Plan for the period beginning July 1, 1991, and ending June 30, 1992; that the Texas Minutes of City Council T-3 Page 458 459 Thursday, March 12, 1992 M&C C-13266 cont. Department of Commerce, on December 31, 1991, issued Job Training Partnership Act Policy Issuance No. 56 which instructed Service Delivery Areas to prepare and submit for approval Formal Plan Amendments to the Title IIA Plan for 1991; that the formal plan amendment updates the plan by including Program Year 1990 carry-over funds, incentive grants, and any re -obligated funds contracted to the SDA for PY 1991; stating that the availability of the additional funds will be contingent upon execution of the amended contract with Texas Department of Commerce; and recommending that the City Manager be authorized to execute an amendment to the Job Training Partnership Act Title IIA Program Year 1991 Contract, with Texas Department of Commerce, increasing the amount of the contract by $1,133,304.00 to a 1new total contract amount of $5,277,123.00 for the contract period July 1, 1991, to June 30, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C C-13267 re There was presented Mayor and Council Communication No. C-13267 from the City Manager approved fund transfer submitting a tabulation of bids received for street paving improvements to Page Avenue from contract with Hemphill Street to east of the Southern Pacific Railroad; stating that the Director of McClendon Construction Fiscal Services certifies that funds required for this project.are available in the current Company, Inc. capital budget, as appropriated, of the Grants Fund, and the Street Improvement Fund; and recommending that the City Council: 1. Approve a $16,233.31 fund transfer from the Streets Assessments Project to the Page Avenue Project in the Grants Fund, and 2. Approve a $35,576.24 fund transfer, for the property owner's share from the Special Assessments Fund to the Street Improvements Bond Fund, and 3. Approve a $62,412.54 bond fund transfer from the Inner' Cities Unspecified Project to the Page Avenue, Hemphill Street to East of the Railroad Project in the Street Improvements Bond Fund, and M&C C-13269 re There was presented Mayor and Council Communication No. C-13269 from the City Manager approved fund submitting a tabulation of bids received for street paving improvements to Summit Avenue and transfer;contract witt Rio Grande Avenue and for water and sewer replacements in Summit and Rio Grande Avenue; Wlat Williams Con- stating that the Water Capital Improvement Fund, the Sewer Capital Improvement Fund, and the struction and Street Project Account contains $6,000.00, $1,627.00, and $81,281.60 respectively, for Architectural Utili- possible change orders; that the Director of Fiscal Services certifies that funds required ties, Incorporated for this project are available in the current capital budget, as appropriated, of the Water Capital Improvement Fund, the Sewer Capital Improvement Fund, and the Street Improvement Fund; and recommending that the City Council: 1. Approve a $106,508.00 fund transfer from the Water and Sewer Operating Fund, Water Capital Project to the Water Capital Improvement Fund, Water Replacement Summit and Rio Grande Avenue, and 2. Approve a $18,953.00 fund transfer from the Water and Sewer Operating Fund, Sewer Capital Project to the Sewer Capital.Improvement Fund, Sewer Replacement Summit and Rio Grande Avenue, and 3. Approve a $81,281.60 fund transfer for the property owners' share from the Special Assessments Fund to the Street Improvements Bond Fund, and 4. Approve a $284,637.99 bond fund transfer from the Inner City Streets Unspecified Project to the. Summit, Rio Grande Avenue Project in the Street Improvements Bond Fund, and 5. Authorize the City Manager to execute a contract with Walt Williams Construction, Incorporated in the amount of $348,494.85 with thirty (30) working days for street paving improvements to Summit Avenue and Rio Grande Avenue, and Minutes of City Council T-3 Page 459 4. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $108,222.09 with twenty-seven (27) working days for street paving improvements to Page Avenue from Hemphill Street to East of the Railroad. - M&C C-13267 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-13268 re agreement with There was presented Mayor and Council Communication No. C-13268 from the City Manager Johnny Griffay - stating that the Transportation and Public Works Department's budget includes funds for an Architect annual open-end Miscellaneous Projects Architectural/Engineering Agreement; that the purpose of this annual agreement is to provide cost effective designs for projects which cannot be handled by the City staff and which are too small for individual architectural contracts; that four Fort Worth firms were invited to submit unpriced proposals to perform the work; that a selection committee has recommended that the agreement be awarded to Johnny Griffay - Architect; that Griffay has agreed to provide architectural/engineering services on a project -by -project basis for a total fee not to exceed $30,000.00; that the agreement will be for a term of one year from the date of execution; that the Transportation/Public Works budget will fund $10,000.00 for the proposed agreement to cover.work related to maintenance and modifications to existing structures for which the department is responsible; that the Director of Fiscal Services certifies that funds for this agreement are available in the operating budget, as appropriated, of the General Fund or will be provided on an individual project basis as approved by the appropriate staff personnel; and recommending that the City Manager be authorized to execute an agreement for. miscellaneous architectural design services with Johnny Griffay - Architect, for a fee not to exceed $30,000.00, with term of agreement to cover one year from the date of execution. It was the consensus of the City Council that the recommendation be adopted. M&C C-13269 re There was presented Mayor and Council Communication No. C-13269 from the City Manager approved fund submitting a tabulation of bids received for street paving improvements to Summit Avenue and transfer;contract witt Rio Grande Avenue and for water and sewer replacements in Summit and Rio Grande Avenue; Wlat Williams Con- stating that the Water Capital Improvement Fund, the Sewer Capital Improvement Fund, and the struction and Street Project Account contains $6,000.00, $1,627.00, and $81,281.60 respectively, for Architectural Utili- possible change orders; that the Director of Fiscal Services certifies that funds required ties, Incorporated for this project are available in the current capital budget, as appropriated, of the Water Capital Improvement Fund, the Sewer Capital Improvement Fund, and the Street Improvement Fund; and recommending that the City Council: 1. Approve a $106,508.00 fund transfer from the Water and Sewer Operating Fund, Water Capital Project to the Water Capital Improvement Fund, Water Replacement Summit and Rio Grande Avenue, and 2. Approve a $18,953.00 fund transfer from the Water and Sewer Operating Fund, Sewer Capital Project to the Sewer Capital.Improvement Fund, Sewer Replacement Summit and Rio Grande Avenue, and 3. Approve a $81,281.60 fund transfer for the property owners' share from the Special Assessments Fund to the Street Improvements Bond Fund, and 4. Approve a $284,637.99 bond fund transfer from the Inner City Streets Unspecified Project to the. Summit, Rio Grande Avenue Project in the Street Improvements Bond Fund, and 5. Authorize the City Manager to execute a contract with Walt Williams Construction, Incorporated in the amount of $348,494.85 with thirty (30) working days for street paving improvements to Summit Avenue and Rio Grande Avenue, and Minutes of City Council T-3 Page 459 Thursday, March 12, 1992 M&C C-13269 cont. 6. Authorize the City Manager to execute,a contract with Architectural Utilities, Incorporated in the amount of $110,472.85 for water and sewer replacements in Summit and Rio Grande Avenue. Council Member Meadows re M&C C-13269 Council Member Meadows advised Council that he is disqualified from voting on Mayor disqualified from andCouncil Communication No. C-13269 inasmuch as he serves on the Board of Directors of voting Sum 't Bankshares, Inc., and filed'a conflict of interest affidavit. Council Member Chappell made a motion, seconded by Council Member Matson, that the rec endations, as contained in Mayor and Council Communication No. C-13269, be adopted. Wher the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows M&C C-13270 re There was presented Mayor and Council Communication No. C-13270 from the City Manager, contract with as llows: J.D. Vickers, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO THE WATER MAIN REPLACEMENT IN LEE AVENUE, J.D. VICKERS, INC. RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $650.00 from Water and Sewer Operating Fund, Water Capital Project to Water Capital Improvement Fund, Water Replacement, Lee Avenue, and 2. Authorize Change Order No. 2 in the amount of $7,150 to City Secretary Contract No. 18815 with J.D. Vickers, Inc. for the Water Main Replacement in Lee Avenue, revising the total contract cost to $166,338.25. DISCUSSION: On November 12, 1991 (M & C C-13135), the City Council authorized the award of a contract to J.D. Vickers, Inc. for the Water Main Replacement in Lee Avenue. During construction, it was determined necessary to add additional bid quantities to address actual field conditions. The contractor, J.D. Vickers, Inc. will perform this additional work for $7,150. The proposed changes are described below: 1. Add 27 ea. Class "A" meter boxes @ $50.00/ea. $1,350.00 2. Add 290 c.y. crushed Limestone @ $20.00/c.y. $5,800.00 Total Change Order $7,150.00 The net effect of the proposed change order is as follows: Original Contract Cost $157,771.45 Change Order No. 1 $ 1,416.80 Proposed Change Order No. 2 $ 7,150.00 Revised Contract Cost $166,338.25 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this contract are available in the current capital budget, as appropriated, of the Water Capital Improvement Fund. M&C C-13270 It w s the consensus of the City Council that the recommendations, as contained in Mayor and adopted Cou it Communication No. C-13270, be adopted. M&C C-13271 re There was presented Mayor and Council Communication No. C-13271 from the City Manager contract with subrritting a tabulation of bids received for brick' pavement repair at various locations; Jim Bowman stating that the Director of Fiscal Services certifies that funds required for this project Construction are available in the current Capital Budget, as appropriated, of the Contract Street Company, Inc. Mair tenance Fund; and recommending that the City Council approve a $103,340.00 fund transfer f ror 1992 Program, Unspecified Project, to Brick Pavement Repair at Various Locations Pro' ct of the Contract Street Maintenance Fund, and authorize the City Manager to execute a c tract with Jim Bowman Construction Company, Inc., in the amount of $97,340.00, and 45 wor ling days for Brick Pavement Repair at Various Locations. It was the consensus of the Cit Council that the recommendations be adopted. Minutes of City Council T-3 Page 460 461 Thursday, March 12, 1992 M&C C-13272 re There was presented Mayor and Council Communication No. C-13272 from the City Manager agreement with Texas stating that the Texas Air Control Board on October 25, 1991, approved a budget, as Air Control Board presented by TACB staff, of $621,000.00 for contracting with eligible local programs for the provisions of an air pollution control services within. their jurisdiction; that the methodology used to allocate the $621,000.00 among five metropolitan areas having local air pollution control programs involved a weighted formula based one-third on the population served and two-thirds on the relative level of local funding provided; that Fort Worth's share was $39,368.00, based upon this methodology; that staff will continue to work with the TACB in an attempt to secure additional funding for fiscal year 92-93; that the City executed a contract with Tarrant County through Mayor and Council Communication No. C-13249, dated February 18, 1992, for $27,195.00 to provide assistance to the County in its air pollution program in unincorporated areas of the county; and recommending that the City Manager be authorized to: 1. Accept and execute an agreement with the Texas Air Control Board in the amount of $39,368.00 for performance of air pollution control activities during the period October 19 1991 to September 30, 1992, and 2. Transfer $46,091.00 from the General Fund to the Grants Fund as the City's participation in the total air pollution program, and 3. Transfer from the General Fund to the Grants Fund $27,195.00 received from Tarrant County as the County's participation in the air pollution program, and 4. Set up a project in the Grants Fund in the amount of $112,654.00 for the purpose of accountability for this program upon contract execution and Tarrant County's related contract for air pollution assistance, and 5. Waive indirect costs of $1,590.00 on the Texas Air Control Board Grant. M&C C-13272 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-13273 re There was presented Mayor and Council Communication No. C-13273 from the City Manager, Texas Department of as follows: Health Local Health Services Contract SUBJECT: TEXAS DEPARTMENT OF HEALTH LOCAL HEALTH SERVICES CONTRACT - DOCUMENT NO. C3000187, ATTACHMENTS 1 THROUGH 4 RECOMMENDATIONS: It is recommended that the City Council: 1. Authorize the City Manager to accept and execute the Texas Department of Health (TDH) Local Health Services Contract, Document No. C3000187, Attachments 1 through 4, and 2. Adopt the attached supplemental appropriations ordinance increasing appropriations by $423,717 in the General Fund and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount for interim financing of costs pending grant contract execution, and 3. Authorize the City Manager to create four project numbers in Grant Fund GR76 that will correspond to the various TDH attachments listed herein, and 4. Authorize the City Manager to transfer $423,717 from the General Fund to the four projects created in the Grants Fund, and . 5. Apply indirect cost rates in accordance with the Texas Guide to Uniform and Contract Management Standards Procedures Manual, Exhibit I, Page 9, and 6. Accept such additional funds from TDH as may become available under this contract during Fiscal Year 1992. nT-Cus-q TON - Local Health Department activities supported by TDH are covered by a single umbrella contract with a unique document number. All attachments included within this recommendation are continuations of on-going activities. Funding levels represent either locally assigned state salaried staff or program grants. Attachments 1 through 4 of Document No. C3000187 support the following program activities within the Health Department: Attachment Scope of Work Total Assistance No. 1 Sexually Transmitted Disease $179,173 No. 2 HIV 134,240 No. 3 HIV 59,144 No. 4 HIV 51 160 Total 423,717 The interim funding from the unreserved, undesignated General Fund balance is a temporary measure that is designed to ensure the smooth transitions from one Minutes of City Council T-3 Page 461 462 Thursday, March 12, 1992 grant funding period to another. Upon execution of the umbrella contract with M&C C-13273 cont. TDH, the interim funding will be returned to the unreserved, undesignated fund. Following the expiration of the City of Fort Worth's indirect cost rates in September 1990, TDH allowed a six month grace period for a new indirect cost rate to be established. With the expiration of the grace period, TDH applied the indirect cost rates detailed in these attachments according to the Uniform Grant and Contract Management Standards. Upon the City's establishment of a valid indirect cost charge for the Health Department, TDH allows amendment requests to reflect changes to each attachment's indirect cost allocations. FISCAL INFORMATION/CERTIFICATION: Upon approval of recommendation Nos. 2, 3, and 4, full contract funding will be available in the four grant projects for these TDH attachments. Upon receipt of the final contracts, the $423,717 will be transferred back to the General Fund unreserved, undesignated fund balance. M&C C-13273 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13273, be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None Ordinance No. 11052 ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 11052 AN ORDINANCE APPROPRIATING $423,717.00 TO THE GENERAL FUND AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND BY THE SAME AMOUNT FOR THE PURPOSE OF INTERIM FINANCING OF COSTS PENDING GRANT CONTRACT EXECUTION WITH TEXAS DEPARTMENT OF HEALTH; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C C-13274 re There was presented Mayor and Council Communication No. C-13274 from the City Manager, contract with LEM as follows: Construction Company SUBJECT: PROPOSED CHANGE ORDER NO. 5 TO THE EAGLE MOUNTAIN WATER TREATMENT PLANT, LEM CONSTRUCTION COMPANY RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 5 in the amount of $18,333.88 to City Secretary Contract No. 17792 with LEM Construction Company for the Eagle Mountain Water Treatment Plant, revising the total contract cost to $24,703,003.76. DISCUSSION: On April 10, 1990 (M & C-12260 Revised), the City Council authorized the award of a contract to LEM Construction Company for construction of the Eagle Mountain Water Treatment Plant. During construction, it has been determined necessary to modify certain items and the contractor, LEM Construction Company, will perform this additional work for $18,333.88. The proposed changes are listed below and described on the attached sheets. 1. Furnish and install heat tracing $10,236.60 2. Construct concrete stub wall $ 847.00 3. Add seven (7) RACO support posts $ 400.40 Minutes of City Council T-3 Page 462 463 Thursday, March 12, 1992 4. Modify walls for Room U-134 $ 875.00 M&C C-13274 cont. 11 5. Furnish wire enclosures ($ 2,000.00) 6. Modify 19 light pole supports $ 3,362.70 7. Modify electrical pull boxes $ 169.40 8. Add I-beam supports in attic $ 332.20 9. Furnish and install explosion proof carbon room space heater $ 5,015.15 10. Reduce amount of lime required in road subgrade($ 1,668.50) 11. Relocate level sensors $ 762.93 Total Change Order $18,333.88 The net effect of the proposed change order is as follows: Original Contract Cost $24,535,198.00 Extras to Date $ 149,471.88 Proposed Change Order No. 5 $ 18,333.88 Revised Contract Cost $24,703,003.76 The construction manager, Freese and Nichols, Inc. and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this contract are available in the current capital budget, of the Commercial Paper Water Fund. M&C C-13274 adopted On motion of Council Member Chappell, seconded by Council Member McCray, the recommendation, as contained in Mayor and Council Communication No. C-13274, was adopted. M&C FP -2930 re contract with J.D. There was presented Mayor and Council Communication No. FP -2930 from the City Manager Vickers, Inc. recommending that the City Council accept as complete the contract with J.D. Vickers, Inc., for Water Main Replacement in Lee Avenue and authorize final payment in the amount of $22,447.26 to J.D. Vickers, Inc., bringing the final project cost, including $8,566.80 in change orders, to $163,495.38 under City Secretary Contract No. 18815, with funds available in current capital budget, as appropriated, and the retainage account of the Water Capital Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2931 was with- drawn It was the consensus of the City Council that Mayor and Council Communication No. FP -2931, Final Payment to Red River Construction Company, Inc., for the Eagle Mountain Water Treatment Plant Intake Structure, be withdrawn from the agenda. M&C FP -2932 re contract with Conatser There was presented Mayor and Council Communication No. FP -2932 from the City Manager Construction, Inc. recommending that the City Council accept as complete the contract with Conatser Construction, Inc., for Water Main Rehabilitation, Five. Locations, Contract "T" and authorize final payment in the amount of $35,569.40 to Conatser Construction, Inc., bringing the final project cost to $355,694.00 under City Secretary Contract No. 18725. It was the consensus of the City Council that the recommendations be adopted. Zoning Hearing It appearing to the City Council that Resolution No. 1809 was adopted by the City Council of the City of Fort Worth, Texas, on February 18, 1992, setting today as the date for hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011, and that due notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on February 21, 1992, Mayor Granger asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Meadows made a motion, seconded by Council Member Silcox, that the hearing,be closed and that the recommended changes in zoning be approved, as follows: Z-91-101 approved Z-91-101 KENNETH MERREL HOPKINS by H. Dennis Hopkins 2713-17 Loving Avenue From "B" Two -Family to "E" Commercial Z-91-008 approved Z-92-008 ROBERT PETRIE 2101 Ep r- am Avenue From "E" Commercial to "FR" Restricted Commercial Z-92-013 approved Z-92-013 A.R. BULLS 5217 & 5221 Vesta Farley Road El From "B" Two -Family Residential to "I' Light Industrial Minutes of City Council T-3 Page 463 HE Z-92-014 approved Z-92-015 Approved Thursday, March 12, 1992 Z-92-014_ JOE HOWARD - CORNERSTONE CHRISTIAN MINISTRIES by Ernest Hedgcoth 5008 James Avenue From "E" Commercial to "B" Two -Family Residential Z-92-015 G.J.L. HURST PARTNERSHIP by H. Dennis Hopkins 10800 Tube Drive From "AG" Agricultural to "K" Heavy Industrial 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 Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11053 11 ORDINANCE NO. 11053 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Public Hearing on It appearing to the City Council that a public hearing on the application of Seminary South Seminary is scheduled to be held by the City Council prior to consideration and action on the request Addition Water by South Seminary Addition Water Utility for an increase in water rates and that the hearing Utility is before City Council at this time, Mayor Granger asked if there was anyone present desiring to be heard. M&C G-9533 re Attention of the City Council was called to Mayor and Council Communication South Seminary No. G-9533, dated February 25, 1992, from the City Manager, as follows: Addition Water Utility SUBJECT: REQUEST BY THE SOUTH SEMINARY ADDITION WATER UTILITY FOR AN INCREASE IN WATER RATES RECOMMENDATION: It is recommended that the request by the South Seminary Addition Water Utility to increase the rate for water service and the requested surcharge be granted. BACKGROUND: In 1972 the City of Fort Worth annexed the South Seminary Addition. At that time the South Seminary Addition Water Utility ("Seminary") was and continues to be the provider of water service to approximately 30 residences. Pursuant to Section 13.042 of the Texas Water Code, the City Council of the City of Fort Worth has original jurisdiction over all water and utility rates, services and operations provided by private water companies within its corporate limits. Appellate jurisdiction rests with the Texas Water Commission. On August 21, 1991, Seminary filed an Application For'a Rate/Tariff Change for Utilities with 200 or Less Customers with the City of Fort Worth. The details of this filing were discussed in I.R. No. 7581. Minutes of City Council T-3 Page 464 465 Thursday, March 12, 1992 M&C G-9533 cont.II The City Council has three options with respect to this rate/tariff increase request: 1. Grant the increase as requested. 2. Set a rate different from the rate which was requested. 3. Deny the rate increase. Staff recommends that the City Council grant the increase and surcharge requested. SCHEDULED HEARING: A public hearing on the application of Seminary is scheduled to be held by the City Council prior to consideration and action on this M&C so that the City Council may receive testimony and other evidence from all parties interested in this matter. FISCAL INFORMATION/CERTIFICATION: Council action does not require the expenditure of any City funds. Mr. Danny Reed re Mr. Danny Reed, representing the Law Department, appeared before the City Council and M&C G-9533 advised the City Council that the purpose of today's public hearing is to receive testimony and other evidence from all parties interested on the increase in water rates by the South Seminary Addition Water Utility; advised City Council of three options with respect to this rate/tariff increase request 1) granting the increase as requested; 2) setting a rate different from the rate which was requested; and 3) to deny the rate increase; and advised Council .that staff is recommending that City Council grant the increase and surcharge requested. Mr. Bill Boomer re Mr. Bill Boomer, Receiver of the South Seminary Water Utility System as of July 1, M&C G-9533 1990, appeared before the City Council and advised Council that in order to make the improvements to the water utility facility, it was necessary to request a rate increase and advised Council that he is asking for a flat rate of $41.00 per month; a surcharge of $28.00 and advised Council that there are no meters presently on the. system, and that, once meters are put in, the customers will then pay the meter rate. Ms. Corby Gross re M&C G-9533 Ms. Corby Gross, 9424 Claudia Drive, appeared before the City Council and introduced Alta Milner along with Mike Nowicki. Ms. Alta Milner re Ms. Alta Milner, 9305 Claudia Drive, appeared before the City Council and expressed M&C G-9533 opposition to the South Seminary Addition Water Utility for an increase in water rates and advised Council that since annexation of this area, the City of Fort Worth has not provided any services other than police and fire protection. Mr. Mike Nowicki re Mr. Mike Nowicki, 9225 Sunrise Drive, appeared before the City Council and expressed M&C G-9533 concerns regarding the ownership of the South Seminary Addition Water Utility and the condition of the well located on the property; expressed concerns regarding code violations and whether the City of Fort Worth will insure that violations are brought up to code; and advised Council that he does not feel that they should be responsible for any type of retroactive rate. Mr. Daniel Johnson re M&C G-9533 . Mr. Daniel Johnston, 1624 Lakeside Drive North, appeared before the City Council and advised Council that he wanted to express his support in opposition of the water rate increase. Ms. Melba Boyd re M&C G-9533 Ms. Melba Boyd, 1709 Ruthdale Drive, appeared before the City Council and advised Council that she is a single person and will not be able to afford a rate increase that will triple her current water bill. Ms. Virginia Chango re M&C G-9533 Ms. Virginia Chango, 9228 Claudia Drive, appeared before the City Council and advised Council that she is a single mother on' a fixed income and expressed opposition to the request by the South Seminary Addition Water Utility for an increase in water rates. Mr. Bill Boomer re Mr. Bill Boomer appeared before the City 'Council and advised Council that the M&C G-9533 improvements for the South Seminary Addition Water Utility will cost approximately $30,000.00, and that it will require this, amount of money for the water utility to be brought into compliance and advised Council that presently, the utility is not generating enough revenue to pay its bills. Assistant City Attorney Gary Stein- Assistant City Attorney Gary Steinberger, appeared before the City Council and advised berger re M&C G 9533 Council that, in the case regarding the well located at Spinks Airport, the well was taken over by TDH. There being no one else present desiring to be heard in connection with the hearing for the request by South Seminary Addition Water Utility to increase the tare for water service and the requested granting of surcharge, Council Member Woods made a motion, seconded by Council Member Chappell, that the hearing be closed and that the recommendation be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. Public Hearing - Fort Worth Improve- It appearing to the City Council that state law requires that a service plan and ment District No. 3 budget be reviewed and approved by the City Council annually; that the budget and service FY '91-'92 Plan of plan were discussed in the February 18, 1992, Pre -Council Session and property owners were Service and Budget notified of the service plan, budget and today's public hearing in accordance with state M&C G 9558 law, Mayor Granger asked if there was anyone present desiring to be heard. Ms. Olivia Rodriquez Ms. Olivia Rodriguez, representing the City Manager's Office, appeared before the City I re M&C G-9558 Council and advised the City Council that the purpose of today's public hearing is to Minutes of City Council T-3 Page 465 466 Thursday, March 12, 1992 receive comments regarding the budget and plan of service for improvement district known as M&C G-9558 cont. Fort Worth Improvement District No. 3 and called attention of the City Council to Mayor and Council Communication No. G-9558, as follows: SUBJECT: HEARING AND ACTION CONCERNING FY'91-'92 SERVICE PLAN AND BUDGET FOR PID #3, EXTENSION OF CONTRACT WITH CASEBIER AND SETTING BENEFIT HEARING RECOMMENDATION: It is recommended that the City Council take the following action regarding the Fort Worth Improvement District No. 3: 1. Hold a public hearing regarding the Plan of Services and Budget for FY'91- '92, and 2. Adopt the attached FY'91-'92 Plan of Services and Budget as recommended by SENCA, and 3. Adopt the attached proposed FY'91-'92 assessment rolls and set Tuesday, March 31, 1992, at 10:00 a.m. in the City Council Chambers as the time and place for the benefit hearing; and 4. Direct the City Secretary to give notice of the March 31 hearing in accordance with state law, and 5. Authorize the City Manager to sign a document extending City Secretary Contract No. 18116 with Casebier Companies, Inc.,;for an additional year to provide services and improvements in PID #3 during FY'91-'92 for the sum of $96,166.73. DISCUSSION: State law requires that a service plan and budget be reviewed and approved by the City Council annually. The budget and service plan were discussed in the February 18, 1992, Pre -Council Session. Property owners were notified of the service plan, budget and today's public hearing in accordance with state law. I Approval of this M&C would lead to the final step in the 1991-92 assessment procedure, that of benefit hearings and levying assessments. FISCAL INFORMATION/CERTIFICATION: Payments under the proposed FY'91-'92 contract with Casebier Companies, Inc., shall be made exclusively from special assessments collected from owners of property in the district. There being no one else present desiring to be heard in connection with the hearing and concerning FY 1991-92 service plan and budget for PID No. 3 an extension of contract with CASEBIER Companies, Inc., Council Member Chappell made a motion, seconded by Council Member Meadows, that the hearing be closed and that the recommendations, as contained in Mayor and Council Communication No. G-9558, be approved., When the motion was put to a vote by the Mayor, it prevailed unanimously. . Mr. Phil Bordeleau re Mr. Phil Bordeleau, President of the Fairmont Neighborhood Association, 1909 Alston "HC" Subdistrict Avenue, appeared before the City Council and submitted additional forms of individuals he has contacted requesting to keep the "HC" Subdistrict Zoning Designation and requested that the City Council make sure that the legal process is followed. " Subdistrict Joe Hill re HC" Mr. Robert Joe Hill, 2200 Northwest 24th Street, appeared before the City Council and HC Subdistrict advised Council that he is requesting that the City Council appeal it's cancellation on a Lake Worth lease and requested that the City Council reinstate his lease at 7364 Love Circle. Mr. Hill was referred to Assistant City Manger Ramon Guarjardo. Met in closed or executive session It was the consensus of the City Council that the City Council meet in closed or executive session for the following purposes: 1. To seek the advice of its attorneys concerning the following pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Fort Worth Club and Tavern Owners Association et al V. City of Fort Worth,'Cause No. 48-132075-90; b) W.K.C., Inc. v. Board of Adjustment of the City of Fort Worth and City of Fort Worth, Cause No. 141-140307-92; c) Regulations concerning bars; d) Lucille Adams et al V. City of Fort Worth, Cause No. 348-110469-88; e) Paula Payne et al v. City of Fort Worth, Cause No. 141-102625-87; f) A.B. Rodriguez et al v. City of Fort Worth, Cause No. 141-115065-88 Minutes of City Council T-3 Page 466 Closed or executive session cont. Reconvened into regular session Adjourned Thursday, March 12, 1992 g) Southwestern Bell Telephone Company Franchise Ordinance as authorized by Section 2(e), Article 6252-17, V.A.C.S. The City Council reconvened into regular session with all members present. There being no further business, the meeting was adjourned. SSISTANT14ITY ECRE RY Minutes of City Council T-3 Page 467 MAYOR sm