HomeMy WebLinkAbout1992/03/24-Minutes-City CouncilCouncil Met
Members Present
Invocation
CITY COUNCIL MEETING.
MARCH 24, 1992
On the 24th 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; DeputyCity Attorney William Wood; 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 Winston Robertson, Dallas -Fort Worth
Chaplain.
Minutes of City Council T-3 Page 482
of Allegiance
Minutes of March 17,
1992 approved
Ms. Mary Palko re
Mr. Frank Maraz -
Budapest Bicyclist;
HC to Mr. Goichi
Yoshikawa, Nagaoka
Concert Master
Proclamation -
Mensa Day
Kathleen Harlow and
Ann Austin presented
350 Teddy Bears for
children in traumatic
situations
Proclamation - Keep
America Beautiful Mon
Proclamation - Out-
standing Women of For
Worth Week
Mayor Granger re
expreseed to Mr. Tom
Beach
Withdrew M&C No.
C-13287
Withdrew M&C No.
G-9567
Tuesday, March 24,1992
The Pledge of Allegiance was recited.
On motion of Council Member Woods, seconded by Council Member Puente, the minutes
of the meeting of March 17, 1992, were approved.
Ms. Mary Palko of Sister Cities introduced Mr. Frank Maraz, Budapest Bicyclist
who has bicycled around the world and presented him with a City of Fort Worth pin and
Council Member Meadows presented an Honorary Citizenship Certificate to Mr. Goichi
Yoshikawa, Nagaoka Concert Master.
A proclamation for Mensa Day was presented to Mr. Tom Low.
Mesdames Kathleen Harlow and Ann Austin, Kappa Delta Sorority of Texas Christian
University, presented 350 "Teddy Bears" to Chief Windham and Police Department for
children involved in traumatic situations or events, child abuse, etc.
A proclamation for Keep America Beautiful Month and Fort Worth is a Clean City
Month was presented to Mr. Mark M. Jones, President, Fort Worth Clean City, Inc.
A proclamation for Outstanding Women of Fort Worth Week was presented.
Mayor Granger expressed appreciation to Mr. Tom Beach for his contribution of
$8,000.00 toward the Town Hall Meeting to be held March 26, '1992, at Tarrant County
Convention Center.
Council Member Matson requested that Mayor and Council Communication No. C-13287
be withdrawn from the consent agenda.
Council Member Chappell requested that Mayor and Council Communication No. G-9567
be withdrawn from the consent. agenda.
M&C C-13276 cont. for City Manager Ivory requested that Mayor and Council Communication No. C-13276 be
one week continued for one week.
Mayor Granger announce ,Mayor Granger announced that The T is seeking input for the new five-year service
The T new five-year plan which will address City bus service, mobility impaired transportation service,
service plan RAILTRAN,- Rideshare, and regional expansion issues and advised citizens to call 871-
6200 in order to get more details regarding date, time, and location of the public
meetings and encouraged citizens to attend the Town Hall Meeting scheduled for March
26, 1992, from 6:00 p.m. to 11:00 p.m., at Tarrant County Convention Center and advised
citizens that KXAS TV will be televising live from 6:30 to 7:30 p.m. and that it will
also be shown on Cable Network Channel 5.
Council Member Silcox
Council Member Silcox expressed his congratulations to the Foster Park West
re congratulations to
Neighborhood Association and advised citizens that she looks forward to working with
the Foster Park West
this newly created neighborhood association.
Neighborhood Associa-
tion
Council Member Matson reminded City Council Members of the Retirement Committee
Council Member Matson
meeting immediately following the City Council meeting.
re Retirement Committe
meeting
Council Member Puente advised citizens that a master plan study is taking place
Council Member Puente
regarding the three airports within the City of Fort Worth and advised Council and
re master plan study
citizens that a meeting will be held at Northwest High School from 4:00 p.m. to 7:00
for the three airports
p.m., on this.afternoon, and that another meeting is scheduled for Meacham Field at
Worth Tri -Ethnic Multi -Purpose Center from 4:00 p.m. to 7:00 p.m., March 26, 1992.
'
Council Member Puente
F
Council Member Puente. made a motion, seconded by Mayor Pro tempore Webber, that
re Establishment of an
consideration of the resolution authoring the Establishment of an Environmental
Environmental Advisory
Advisory Committee for the City of Fort Worth, Texas, Appointing Membership, Setting
Committee cont. for
Goals and Objectives as Authorized by the City of Fort Worth be continued for one week.
one week
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C OCS-406
There was presented Mayor and Council Communication No. OCS-406 from the Office
Liability Bonds
of the City Secretary recommending that the City Council authorize the acceptance of
liability bonds, as follows:
PARKWAY CONTRACTORS BONDS INSURANCE COMPANY
Guadalupe Torrez dba GT Construction Lawyers Surety Corporation
Cadenhead Construction Company, Inc. Western Surety Company
M&C OCS-406 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-407 Claims
There was presented Mayor and Council Communication No. OCS-407 from the Office
of the City Secretary recommending that the City Council refer notices of claims
regarding alleged damages and/or injuries to the Risk Management Department, as
follows:
William Oakes
1. Claimant: William Oakes
Date Received: March 12, 1992
Date of Incident: January 24, 1992
Attorney: The Dent Law Firm, Mr. Dwain Dent
Location of Incident: 3905 White Settlement Road
Estimate of Damages/
Injuries: $2,315.17 property damages only
Nature of Incident: Claimant alleges damages and injuries
sustained as, a result of adverse road
conditions. 1 't
Minutes of City Council T-3 Page 483
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Tuesday, March 24,1992
Tuyen Kim Tri 2. Claimant: Tuyen Rim Tri
Date Received: March 12, 1992
Date of Incident: January 11, 1992
Attorney: Clifford M. Womack
Location of Incident: Randol Mill Road
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries and damages
sustained as a result of a vehicular accident
caused by the County's failure to post
noticeable warning signs of lanes merging and
provide adequate lighting.
Terry Kim Tri 3. Claimant: Terry Rim Tri
Date Received: March 12, 1992
Date of Incident: January 11, 1992
Attorney: Clifford M. Womack
Location of Incident: Randol Mill Road
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries and damages
sustained as a result of a vehicular accident
caused by the County's failure to post
noticeable warning signs of lanes merging and
provide adequate lighting.
Stratton Royal Apart- 4. Claimant: Stratton Royale Apartments
ments Date Received: March 13, 1992
Date of Incident: January 8, 1992
Location of Incident: 5009 E. -Lancaster
Estimate of Damages/
Injuries: $1,005.11
Nature of Incident: Claimant alleges damages to property sustained
as the result of road construction forcing mud
and gravel into the water line which caused
flooding inside three apartments when the
water was turned back on.
Marcela Williams 5. Claimant: Marcela Williams
Date Received: March 12, 1992
Date of Incident: February 20, 1992
Attorney: Bugle, Byrne & Alworth
Location of Incident: 600 blk of Rosedale
Estimate of Damages/ -
Injuries: $176.08 - $364.73
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of a vehicular accident involving
a City -owned vehicle. (Police)
Tracey Hayward 6. Claimant: Tracey Hayward
Date Received: March 12, 1992
Date of Incident: February 20, 1992
Attorney: Bugle, Byrne & Alworth
Location of Incident: 600 blk of Rosedale
Estimate of Damages/
Injuries: $176.08 - $364.73
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of a vehicular accident involving
a City -owned vehicle. (Police)
Patricia K. Cass 7. Claimant: Patricia K. Cass
Date Received: March 13, 1992
Date of Incident: October 17, 1991
Attorney: Billy D. Hullum
Location of Incident: Evans Ave.
Estimate of Damages/
Injuries: $5,200.00
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of driving over a manhole cover
which caused the vehicle to skid out of
control.
Crystal Spence 8. Claimant: Crystal Spence
Date Received: March 13, 1992
Date of Incident: January 16, 1992
Location of Incident: 4300 McCart
Estimate of Damages/
Injuries: $116.61 - $147.62
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of a rock being thrown from a
City -owned vehicle. (Dump truck)
Kelly Connell Walker
9. Claimant: Kelly Connell Walker
Date Received: March 17, 1992
Date of Incident: February 25, 1992
Location of Incident: 1400 E. 820 S. at 303 Exit
Estimate of Damages/
Injuries: $1,018.66 - $1,096.26
Minutes of City Council T-3 Page 484
Tuesday, March 24,1992
elly Connell Walker Nature of Incident: Claimant alleges damages to vehicle sustained
laim cont. as the result of striking a metal lightpole
obstructing the roadway.
arry David Youngblood 10. Claimant: Larry David Youngblood
Date Received: March 17, 1992
Date of Incident: March 10, 1992
Location of Incident: Denton Hwy & Browning Blvd.
Estimate of Damages/
Injuries: $125.92 - $152.40
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of loose gravel thrown from a
City -owned vehicle. (Truck)
Tris Methodist 11. Claimant: Harris Methodist Health Services
alth Service Date Received: March 17, 1992
Date of Incident: January 13, 1992
Location of Incident: West 7th Street & University
Estimate of Damages/
Injuries: $6,893.41
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of a' vehicular accident involving
a malfunctioning traffic light.
nny W. Hasty & 12. Claimant: Danny W. Hasty & Shellia Hasty
ellia Hasty Date Received: March 18, 1992
Date of Incident: January 18, 1992
Location of Incident: 1013 Crockett Dr.
Estimate of Damages/
Injuries: $75.00
Nature of Incident: Claimants allege damages to property (mail
box) sustained as' a result of being struck by
a City -owned truck.
11 Albert Constructic 13. Claimant: Hall Albert Construction Co.
Date Received: March 18, 1992
Date of Incident: January 1-16, 1992
Location of Incident: South Ayers Avenue
Estimate of Damages
Injuries: $34,275.60
Nature of Incident: Claimant seeking to recover cost of labor
and/or --materials for construction project
number 67-040158-00 of which Centerline
Constructors, Inc., is the Prime Contractor.
rry G. Kasner 14. Claimant: Larry G. Kasner
Date Received: March 18, 1992
Date of Incident: March 4, 1992
Location of Incident: Intersection of N. Main & Terminal Rd.
Estimate of Damages/
Injuries: $67.00
Nature of Incident: Claimant seeking to recover cost of towing fee
for wrecked vehicle after Police Officer
denied claimant the right to choose a wrecker
service.
ichard Allen Thomas 15. Claimant: Richard Allen Thomas
Date Received: March 18, 1992
Date of Incident: October 1, 1991
Attorney: Kugle, Byrne & Alworth
Location of Incident: 3900 Mount Vernon
Estimate of Damages/-
Injuries: $7,100.00 Medical Bills
Nature of Incident: Claimant alleges injuries sustained as the
result of, falling after stepping into a hole
in the street..
tate Farm Insurance 16. Claimant: State. Farm Insurance Companies (Kyle
ompanies (Kyle ham- Hambright)
right) Date Received: March 18, 1992
Date of Incident: February 25, 1992
Location of Incident: Lancaster/Rosedale Exit - Southbound Loop 820
Estimate of Damages/
Injuries: $3,800.22
Nature of Incident: Claimant alleges damages to vehicle sustained
as a result of striking a light standard
obstructing the roadway.
len L. Penigar, III 17. Claimant: � Olen L. Penigar, III;.
Date Received: March 16, 1992
Date of Incident: November 7,'1990
Attorney: Lollar, Phillips, Factor & Blanco, P.C.
Location of Incident: McCart Street
Estimate of Damages/
Injuries: $2,000,000.00
Nature of Incident: Claimant -alleges injuries sustained as a
result of Police Officer using unnecessary
force during an arrest.
Minutes of City Council T-3 Page 485
his
Tuesday, March 24,1992
OCS-407 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-408 There was presented Mayor and Council Communication No. OCS-408 from the Office
Correspondence re of the City Secretary recommending that correspondence from Ms. Margaret Thill,
Ms. Margaret Thill Assistant Account Coordinator for Paige Hendricks. Public Relations, Inc., expressing
Imagination Celebratio appreciation on behalf of Imagination Celebration ,for Fort Worth's "Celebration Week";
and from Dr. Harry W. correspondence from Dr. Harry W. Hart, Post Office Box 136263, Fort Worth, Texas, Bible
Hart re public offi- Baptist Ministries, requesting that public officials demonstrate integrity and high
cials demonstrate in- moral fiber to the youth of the City regarding the presence of homosexuals on the Fort
tegrity and high Worth Police Force; correspondence from Jenkins and Virginia Garrett requesting that
moral fiber to the the City Council not enact a day to day museum parking charge in the Cultural District;
youth and correspondence from Mr. Howard Nixon, 2936 Laredo Drive, regarding options of
Police Chief Thomas Windham in gay right issues and requesting the City Council to
replace Police Chief Windham be referred to the Office of the City Manager. It was the
consensus of the City Council that the recommendation be adopted.
Benefit Hearing It appearing to the City Council that- the City Council on March 17, 1992,
BH -0085 continued the benefit hearing in connection with the assessment paving of Bourine
Bourine St. from Street from Blackmore Avenue to Curzon Avenue, Mayor Granger asked if there was anyone
Blackmore Avenue to present desiring to be heard.
Curzon Avenue
Mrs. Martha Lunday re - Mrs. Martha Lunday, representing the Department of Transportation and Public
BH -0086 Works, appeared before the City Council and advised the City Council that the hearing
was opened on March 17, 1992, that the report of the staff was presented, and that the
independent appraisal report previously has been submitted to the City Council; that
Mr. Robert Martin is available for questioning; and called attention of the City
Council to Mayor and Council Communication No. BH -0085, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BOURINE STREET
FROM BLACKMORE AVENUE TO CURZON AVENUE (PROJECT NO. 67-640201)
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 Bourine Street from Blackmore Avenue to Curzon Avenue.
DISCUSSION•
The 1986 Capital Improvement Program included funds for the improvement of
Bourine Street from Curzon Avenue to Goodman Drive. The section of street
from Goodman Drive to Blackmore Avenue was added to this project using
District 7 Undesignated Funds. Since reconstruction of Bourine Street from
Blackmore Avenue south to Vickery has been completed, this project will
complete the improvement of Bourine through the Como neighborhood. The
street is in the Como 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.
Bourine Street will be constructed with standard concrete pavement.
Standard concrete driveways and sidewalks will be built where shown on the
plans.
On February 11, 1992 (M&C G-9510), the City Council established March 17,
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 $ 9,796.00 ( 2%)
City's share of cost $564,716.00 ( 98%)
Total cost $574,512.00 (100%)
There are no unusual situations on this project that require special City
Council consideration.
The project is in DISTRICT 7.
There being no one else present desiring to be heard in connection with the
assessment paving of Bourine Street from Blackmore Avenue to Curzon Avenue, Council
Member Meadows made a motion, seconded by Council Member McCray, that an ordinance be
adopted closing the benefit hearing and levying the assessment as recommended. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
ntroduced an Council Member Meadows introduced an ordinance and made a motion that it be
rdinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
Minutes of City Council T-3 Page 486
Tuesday, March 24,1992
AYES: Mayor Granger; Mayor Pro tempore Webber;. Council Members
Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11057 11 ORDINANCE NO. 11057
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF BOURINE STREET
FROM BLACKMORE AVENUE TO CURZON AVENUE, AND PORTIONS OF SUNDRY
OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT
WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF
ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF
THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN
THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE
DATE.
Benefit Hearing It appearing to the City Council that the City Council on February 25, 1992, set
Chapel Avenue from today as the date for the benefit hearing in connection with the assessment paving of
Reagan Drive to Mar- Chapel Avenue form Reagan Drive to Marquita Drive and that notice of the hearing has
quita Drive been given by publication in the Fort Worth Commercial Recorder, the official newspaper
BH -0086 of the City of Fort Worth, Texas, on February 27, 28, and March 2, 1992, Mayor Granger
asked if there was anyone present desiring to be heard.
Mrs. Martha Lunday re Mrs. Martha Lunday, representing the Department 'of Transportation and Public
BH -0086 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 available for questioning; and called attention of the City Council to Mayor
and Council Communication No. BH -0086,. -as follows: '
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CHAPEL AVENUE FROM
REAGAN DRIVE TO MARQUITA DRIVE (PROJECT NO. 67-040170)
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 Chapel Avenue from Reagan Drive to Marquita Drive.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of
Chapel Avenue from Reagan Drive to Marquita Drive. The street is not within
a target area and has never been constructed to City standards. Community
Development Block Grant (CDBG) funds will not provide a -portion of the
construction cost. There are no single or two-family residences abutting
Chapel Avenue from Reagan Drive to Marquita Drive. All property is zoned
commercial and, except for two vacant lots, used for commercial purposes.
Chapel Avenue will be constructed with standard concrete pavement. Standard
driveways and sidewalks will be built where shown on the plans.
On February 25, 1992 (M&C G-9514), the City Council established March 24,
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 $ 85,253.78 ( 43%)
City's share of cost $112,990.22 ( 57%)
Total cost $198,244.00 (100%)
There are no unusual situations on this. project that require special City
Council consideration.
The project is in DISTRICT 3.
Minutes of City Council T-3 Page 487
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Tuesday, March 24,1992
s. Linda Milam re Ms. Linda Milam, 5920 Locke representing her Mother and Father, William and Nancy
H-0086 Stricklin, owner of Block 5, Lot 8, Highland Homes Addition, which property is adjacent
to Chapel Avenue from Reagan Drive to Marquita Drive, appeared before the City Council
and expressed opposition to the assessment paving of Chapel Avenue from Reagan Drive to
Marquita Drive.
City Manager Ivory re City Manager Ivory advised Ms. Milam that there is a combination of methods for
Ms. Milam funding street repair and paving and that this particular street falls into the
category where assessment pavings are used.
Council Member Chappel
re BH -0086 Council Member Chappell declared his firm's credit card interest with NCNB Bank.
Council Member Matson Council Member Matson declared that. NCNB owes him money and that he has
re BH -0086 certificates of deposit with the institution and is disqualified from voting on Mayor
and Council Communication No. BH -0086.
or Pro tempore Mayor Pro tempore Webber- advised Council that she is disqualified from voting on
ber re BH -0086 Mayor and Council Communication No. BH -0086 involving NCNB Bank.
Member Silcox
BHCouncil Member Silcox filed a conflict of interest affidavit on Mayor and Council
BH -0086 Communication No. BH -0086, advising Council of his contract with NCNB.
There being no one else present desiring to be heard in connection with the
benefit hearing for the assessment paving of Chapel Avenue from Reagan Drive to
Marquita Drive, Council Member Chappell made a motion, seconded by Council Member
Meadows, that an ordinance be adopted closing the benefit hearing and levying the
assessment as recommended. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
Ordinance adopted. 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; Council Members Puente, McCray, Woods, Meadows,
and Chappell
NOES: None
ABSENT: None
NOT VOTING: Mayor Pro tempore Webber; Council Members Silcox and Matson
The ordinance, as adopted, is as follows:
inance No. 11058 ORDINANCE NO. 11058
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF CHAPEL AVENUE
FROM REAGAN DRIVE TO MARQUITA DRIVE, AND PORTIONS OF SUNDRY
OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT
WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNTS OF. THE ASSESSMENT TO THE EXTENT OF
ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF
THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN
THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE
DATE.
&C G-9567 re There was presented Mayor and Council Communication No. G-9567 from the City
re -Application for Manager, as follows:
ederal Assistance
SUBJECT: PRE -APPLICATION FOR FEDERAL GRANT ASSISTANCE AT FORT WORTH
SPINKS AIRPORT
RECOMMENDATION•
It is recommended that the City Council authorize the City Manager:
1. To submit a Pre -Application for Federal Assistance under the Airport
Improvement Program for a $295,000 federal grant to construct a
portion of Wing Way Road North at Spinks Airport, and
2. Accept the grant from the FAA, if offered.
DISCUSSION•
The FAA has indicated a willingness to provide funding under the Airport
Improvement Program to the City under a 90 percent FAA, 10 percent City
funding plan. Staff has determined that Wing Way Road North at Spinks
Airport is the highest priority for use of these funds. Staff recommends
constructing that portion of the improvements from Alsbury Court to a point
just north of the existing drainage channel. This will accomplish two
things:
Minutes of City Council T-3 Page 488
Tuesday, March 24,1992
1. Partial construction of this project would open up valuable land for
M&C G-9567 cont. development on the northwest side of the" airport. The City presently
has a developer interested in constructing aeronautical improvements
on this area that would become accessible with this construction.
2. Constructing the improvements to the indicated location would include
a box culvert bridge to cross the drainage channel which is an
obstacle to accessing land which can be developed on the airport.
Also, a temporary perimeter road could then be constructed around the
north end of the airport and private vehicle traffic could be
diverted off the aircraft operating areas of the airport, thereby
increasing safety.
FISCAL INFORMATION/CERTIFICATION:
No City expenditures will be incurred at this time. At the time this
project is authorized for federal funding by'•the Federal Aviation
Administration, any necessary fiscal requirements will be submitted by M&C
to the City Council for consideration.
Assistant City Manager Assistant City Manager Ramon Guajardo appeared before the City Council and
Ramon Guajardo re advised Council that the pre -application for federal grant assistance at Fort Worth
M&C G9567 Spinks Airport has been presented to the Aviation Advisory Board and that the Board
concurred with the decision for submission of the application.
Council Member Chappell made a motion, seconded by Council Member Woods, that the
recommendation, as contained in Mayor and Council Communication No. G-9567, be
approved. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9568 re There was presented Mayor and Council Communication No. G-9568 from the City
cont. for one week Manager stating that the Chairman' of the Zoning Commission, Mr. Brud Pickett, has
advised the City Manager that it is often difficult for the Commission to hold
regularly scheduled public hearings, due to the inability of various members to
participate in hearings because of personal conflicts or lack of a quorum; that Mr.
Pickett has requested that the City Council create two alternate member positions; that
Mr. Pickett has also suggested that the Council; provide that the alternate members
shall be appointed from persons who have recently served on the Zoning Commission but
who also satisfy the requirements of Section 2-83(a) of the City Code concerning
limitations on terms of office, stating that "No member shall serve more than three (3)
consecutive terms"; that the action does not require the expenditure of any funds; and
recommending that the City Council adopt an ordinance amending Section 25-71 of the
City Code to create two alternate member positions on the Zoning Commission.
Council Member Matson made a motion, seconded by Council Member Meadows, that
consideration of Mayor and Council Communication No. G-9568 be continued for one week.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9569 re There was presented Mayor and Council Communication No. G-9569 from the City
substandard and a Manager, as follows:
nuisance contracts
for demolition of SUBJECT: DEMOLITION OF SUBSTANDARD STRUCTURES AT 19 LOCATIONS BY
structures MULTIPLE VENDORS FOR CITY SERVICES DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Confirm that each structure listed herein is substandard and a
nuisance, and
2. Authorize contracts for demolition of structures for the City
Services Department on the low bid per unit basis as follows:
A. Howard Darby dba $2,649
Dyn-o-mite Demolition
:Units 12, 18, and 19,
B. Briggs and Sons Wrecking Company, $10,082
E. D. Briggs
Units 2, 3, 4, 7, 9, 10, and 14
C. Action Excavating Corporation, Inc. :,`$10,843
Units 1, 5, 6, 8,: 11,' 13,' 15, 16, and 17
Total not to exceed $23,574 f.o.b. Fort Worth, Texas, and
3. Authorize a lien be filed against each property to cover the cost of
demolition and administration, and
4. Waive the moratorium previously imposed for the demolition of
historical buildings to allow for the abatement of Unit 17, property
located at 2732-36 Stalcup Road.
UNIT DESCRIPTION:
1. 5802 Farnsworth Avenue
2. 1205 Lagonda Avenue and Rear
3. 712 East Powell Avenue and Rear
4. 719 East Harvey Street and Rear
Minutes of City Council T-3 Page 489
NCO
Tuesday, March 24,1992
5. 2813 Stuart Drive
M&C G-9569 cont. 6. 2905 May Street
7. 1701 East Harvey Street
8. 1908 East Myrtle Street
9. 1412 East Morphy Street
10. 2916 Avenue A and Rear
11. 3101 Crenshaw Avenue
12. 4225 Avenue N
13. 4828 Fitzhugh Avenue and Rear
14. 5125 Fitzhugh Avenue
15. 2600 Marlin Street
16. 5401 Cox Street and Rear
17. 2732 and 2736 Stalcup Road
18. 1609 Effie Street *
19. 3004 Lake Como Drive *
BID TABULATION:
Bidder Amount Bid
1. Howard Darby dba $27,852
Dyn-o-mite Demolition
Dallas, TX
2. Calvin Sims dba $32,770
Calvin Sims Excavating and Wrecking
Fort Worth, TX
3. Briggs and Son Wrecking Company, E. D. Briggs $26,747
Fort Worth, TX
4. Action Excavating Corporation, Inc. $26,271
Saginaw, TX
5. Approved Builders $34,721
All terms are net.
Bid invitations were mailed to ten prospective bidders and five vendors did
not respond. Bid was advertised in the Fort Worth Commercial Recorder on
February 13 and February 20, 1992.
COMMENTS ON SPECIFICATIONS:
Specifications required vendor to demolish structures and to remove all
debris, trash, and unsightly and objectionable matter from the demolition
premises to a state licensed or properly permitted landfill site. The bid
specifications also provided that each location would be awarded based upon
the low bid for that particular location.
DISCUSSION•
The Minimum Building Standards Code (Chapter 7, Article IV, Fort Worth City
Code) provides civil proceedings for the repair or demolition of
substandard structures in the City of Fort Worth. The Code Enforcement
Division has been unable to obtain code compliance for the structures
listed. In accordance with Section 7-122 of the Code of the City of Fort
Worth, final approval by the City Council is now required in order to
demolish the structures and remove the debris from the lots.
'For a matter of information, all of the properties listed herein were
received by the City of Fort Worth as a result of a Sheriff's Sale. The
properties in which the two (2) year, thirty (30) day redemption period has
passed are so noted by an (*) asterisk. The remaining locations are in
various stages of the time period in which the property could be redeemed
by the previous property owners.
The Real Property Management Division indicates that there are no funds
available in their budget to facilitate the demolition and removal of these
structures. Accordingly, the Code Enforcement Division has been requested
to perform the necessary work to abate the structures as a public nuisance.
In order to minimize the City's liability exposure, it is necessary to
remove these deteriorated structures as expeditiously as possible. On
March 3, 1992, the City Council adopted an ordinance that imposes a
moratorium for the demolition of historical buildings. It has been learned
that Unit 17, property located at 2732-36 Stalcup Road, has been designated
as a historical site., The structure was specifically known as 2732 Stalcup
Road; however, historical records refer generally to the site as 2734-36
Stalcup Road. The structure was removed by unknown persons and apparently
without benefit of a permit. There is a small slab and some demolition
debris remaining on the lot. It appears that the historical designation
has become a moot point in that the historical structure is no longer on
the lot.
The previous property owners that still have an opportunity to redeem their
property have been notified of the City's intent to demolish these
structures. The Housing Official will recommend that the City Council
award demolition contracts during the regular meeting on March 24, 1992.
Minutes of City Council T-3 Page 490
M&C G-9569 cont.
Tuesday, March 24,1992
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds required for these
contracts are available in the current operating budget, as appropriated,
of the General Fund. Fiscal Services Department is responsible for
collection of funds due the City under this agreement.
491
Council Member Meadows made a motion, seconded by Council Member Silcox, that the
M&C G-9569 adopted recommendations, as contained in Mayor and Council Communication No. G-9569, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9570 re There was presented Mayor and Council Communication No. G-9570 from the City
State sales tax Manager stating that, in 1978, an act was passed by the Texas Legislature which
repealed the four percent State sales tax on residential gas and electric bills; that
this act also permitted the exemption of the local sales tax on these same utilities on
a local option basis; that the Fort Worth City Council voted unanimously to follow the
State and repeal the City's one percent sales tax on residential utilities in September
of 1978, reducing sales tax revenues by $616,896.00; that the act also provided that
the municipalities could re -impose the tax at any time by adoption of an ordinance
repealing the exemption; that according to TU Electric, 1991 revenues from residential
accounts totalled $170,205,353.00; that Lone Star Gas received $42,631,000.00 during
the same period in revenue from residential natural gas sales; that, if a one percent
sales tax were levied, the City would receive approximately $2,128,364.00 in new
revenue; that the average annual electrical bill in Fort Worth is $1,006.00, while the
average bill for gas is $444.00; though amounts will vary depending upon the equipment
and energy usage patterns of each household, the average annual tax increase would be
$14.49, or $1.21 per month; that almost all of the municipalities in the metroplex, as
well as the major, cities across the state, are currently collecting this tax; that
repeal of the one percent sales tax exemption will result in approximately
$2,128,364.00 in additional City revenue per year or an average $532,091.00 per
quarter; and recommending that the City Council adopt an ordinance that repeals the one -
percent sales tax exemption on residential gas and electricity usage. Council Member
Meadows made a motion, seconded by Council Member Matson, that the recommendation, as
contained in Mayor and Council Communication No. G-9570, be denied. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9572 re There was presented Mayor and Council Communication No. G-9572 from the City
public hearings Manager statin that Mr. James Toal
draft reuse for � g presented the draft reuse plan to the City Council
Carswell Air Force in today's Pre -Council Session; that the Mayor's Task Force, the Aviation Advisory
Base Board, and the other Carswell communities (White Settlement.and Westworth Village) will
have reviewed and taken action on the proposed draft plan before the March 31 meeting;
that the draft plan is being developed solely for the U.S. Department of Defense use in
its Environmental Impact Study- of the Carswell Air Force Base; and recommending that
the City Council set Tuesday, March 31, 1992, at 10:00 a.m. as the date and time for a
public hearing on the proposed draft reuse plan for Carswell Air Force Base. On motion
of Council Member Meadows, seconded by Council Member Woods, the recommendation was
adopted.
M&C G-9573 re There was presented Mayor and :Council Communication No. G-9573 from the City
refund of tax over- Manager stating that the Texas Property Tax Code requires that a taxpayer must request
a refund for tax overpayment within three years of that payment; that Section 31.11 of
payments the Property Tax Code further requires approval by the governing body before refunding
overpayments or erroneous payments in instances where the refund exceeds $500.00; that
the Revenue Collection Division of Fiscal Services has verified erroneous payments or
overpayments were made and recommends refund totalling $7,721.65, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT
0340-21-34 Lot 17, Block 12 . Southwest Land & Title $ 570.52
1991 Taxes Westcliff Addition
Taxes Paid Twice
0352-12-65 Lot 14R, Block 12 Divin, Rory 827.85
1991 Taxes White Lake Hills Addn.
Taxes Paid Twice
0434-65-21 Lot 1R6, Block B Cram Mtg. Service, Inc. 1,164.55
1990 & 1991 Grand Vista Heights Addn.
Taxes Taxes Paid Twice
0498-52-49 Lot 9A, Block - Rall, Inc. 546.27
1991 Taxes Kelco Acres Addn.
Taxes Paid on Wrong Account
0509-26-12 Lot 3, Block 4 Rall, Inc. 580.57
1991 Taxes Park Meadow
Taxes Paid Twice
0580-38-37 Lot 15, Block 23 Trinity Western Title 1,994.07
1991 Taxes Meadows West Addn. III
Taxes Paid Twice
0586-03-26 Lot 2R, Block 1 Polo Club Mngt., Inc. 597.50
Willow Creek Addn. (FW)
Taxes Paid Twice
Minutes of City Council T-3 Page 491
492
Tuesday, March 24,1992
M&C G-9573 cont. 0617-60-97 Lot 12, Block 13 First Gibraltar 1,440.32
1991 Taxes Stoneglen at Fossil Creek
Taxes Paid on Wrong Account
TOTAL $7,721.65
M&C G-9573 adopted On motion of Council Member Woods, seconded by Council Member Meadows, the
recommendation was adopted.
M&C G-9574 re
There was presented
Mayor and Council Communication
No. G-9574 from the
City
improvements to
Manager stating that the
1986 Capital Improvement Program
included funds for
the
South Jones St.
improvement of South Jones
Street from Biddison Street to Bolt
Street; that the street
from Biddison St. to
is in the Worth Heights
Target Area and has previously
been constructed to
City
Bolt Street
standards; that Community
Development Block Grant funds will
provide a portion of
the
construction cost; that the project is located in District
9; that the total estimate
is $452,100.00; and recommending that the City Council:
1. Declare the necessity for and order the improvements to South Jones
Street from Biddison Street to Bolt Street, and
2. Authorize the assessment -of a portion of the cost of the improvements
to South Jones Street against the owners of the abutting property,
and
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate, and
4. Establish April 28, 1992, as the date of benefit hearing, and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
Council Member ICouncil Member Chappell requested permission of the City Council to abstain from
Chappell re M&C G-9574 voting on Mayor and Council Communication No. G-9574 involving Fort Worth Independent
abstain from voting I School District.
Council Member Puente Council Member Puente requested permission of the City Council to abstain from
re M&C G-9574 voting on Mayor and Council Communication No. G-9574 involving Fort Worth Independent
Abstain from voting School District.
Council Member Matson made a motion, seconded by Council Member Silcox, that
Council Members Chappell and Puente be permitted to abstain from voting on Mayor and
Council Communication No. G-9574. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Matson made a motion, seconded by Council Member Silcox, that
Mayor and Council Communication No. G-9574 be approved. When the motion was put to a
vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Silcox, Matson, McCray, Woods, and Meadows
NOES: None
ABSENT: None
NOT VOTING: Council Members Chappell and Puente
M&C G-9575 re There was presented Mayor and Council Communication No. G-9575 from the City
improvements to Manager stating that Wheaton Drive from Walton Avenue to Wedgmont Circle North was
Wheaton Drive from added to the 1986 Capital Improvement Program using Council District 6 Undesignated
Walton Avenue to Funds; that the street is not located in a target area and previously has been
Wedgmont Circle North constructed to City standards; that Community Development Block Grant funds will not
provide a portion of the construction cost, and one- and two-family residences are not
assessed; that the total cost of the estimates is $168,034.00; and recommending that
the City Council:
1. Declare the necessity for and order the improvements to Wheaton Drive
from Walton Avenue to Wedgmont Circle North, and
2. Authorize the assessment of a portion of the cost of the improvements
to Wheaton Drive against the owners of the abutting property, and
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate, and
4. Establish April 21, 1992, as the date of benefit hearing, and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
Council Member Meadows Council Member Meadows requested permission of the City Council to abstain from
re M&C G-9575 abstain voting on Mayor and Council Communication No. G-9575 involving Alta Mesa National Bank.
from voting
Council Member Silcox made a motion, seconded by Council Member Chappell, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Minutes of City Council T-3 Page 492
493
Tuesday, March 24,1992
M&C G-9575 cont.II Communication No. G-9575. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member -Woods made a motion, seconded by Council Member Silcox, that Mayor
and Council Communication No. G-9575 be adopted. When the motion was put to a vote by
the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
M&C G-9576 re There was presented Mayor and Council Communication No. G-9576 from the City
Retention of Outside Manager, as follows:
Legal Council cont.
until after executive SUBJECT: RETENTION OF OUTSIDE LEGAL COUNSEL TO ASSIST WITH NEGOTIATION
session OF SOUTHWESTERN BELL TELEPHONE COMPANY FRANCHISE
RECOMMENDATION:
It is recommended that the City Council:
1. Retain Clarence West, Attorney at Law, pursuant to Section 3, Chapter
VI of the City Charter, as outside counsel, to consult with and
assist the City Attorney in negotiating a franchise with Southwestern
Bell Telephone Company, and
2. Adopt the attached Resolution fixing in advance, as far as practical,
the compensation to be paid Mr. West for his services, in the amount
of $25,000 (and reasonable expenses not to exceed $5,000), plus a
percentage of certain amounts which Mr. West may recover on the
City's behalf.
DISCUSSION•
The City Council has been given periodic updates concerning the status of
franchise ordinance discussions between the City and Southwestern Bell
Telephone Company.
In Fort Worth, as in other cities, Southwestern Bell operates and maintains
a local telephone network by virtue of a franchise with the City. The City
of Fort Worth receives franchise payments from Southwestern Bell pursuant
to a 1933 Franchise Ordinance and a 1976 Letter Agreement.
Bell has historically excluded certain revenue categories from franchise
fee calculations in making payments to cities. Since the mid -1980's a
significant portion of these excluded amounts has been the access fees
which Southwestern Bell charges to long-distance carriers (e.g., Sprint,
M.C.I. and AT&T) in exchange for access to Bell's local exchange telephone
network. Other revenues which Bell has historically excluded in making
payments to cities include access revenues from mobile telephone companies,
revenues from directory assistance calls and revenues from ancillary
services the telephone company provides.
The City and Southwestern Bell have recently discussed the renegotiation of
Bell's franchise. The franchise ordinance proposed by Bell provides for an
increase in annual payments and for a future escalation in payments.
Bell's current offer does not include anything for underpayments and would
cut off all claims for past underpayments.
It is recommended that the City review past franchise payments by
Southwestern Bell, determine whether underpayments exist and, if so, pursue
collection. It is the opinion of the City Attorney that, because this
matter involves complex legal and fact questions related to utility
regulation, outside legal counsel should be retained to' assist the City
Attorney. Clarence West, Attorney at Law, is well recognized for his
knowledge and expertise in handling such matters:, Mr. West has made a
written proposal in which he offers to represent, the City on the following
basis:
1. Mr. West would perform the following services:
a) Contract with an experienced independent auditor to perform a
preliminary review to determine whether there are past
underpayments by Southwestern Bell in -the areas mentioned and
determine the probable magnitude of the underpayments, and
b) Brief City officials on the legal basis for an underpayment
claim, and
c) With the City's consent, make a demand on Southwestern Bell,
and
d) In coordination with the City Attorney, negotiate a new
franchise with Southwestern Bell which will satisfy any past
Minutes of City Council T-3 Page 493
Tuesday, March 24,1992
claims due the City and will protect the City's interest as to
future telephone franchise payments and operations.
2. The City would compensate Mr. West as follows:
a) The preliminary audit, briefing, demand to Southwestern Bell,
and up to 25 hours in billable time in negotiations with Bell
will be performed for a flat fee of $25,000 (plus reasonable
expenses up to $5,000), plus a 25 percent contingency on the
first $100,000, and a 20 percent contingency on any amounts
greater than $100,000 paid by Bell over and above their current
offer to the City. A full credit will be given for the $25,000
payment on any contingency fees paid. Mr. West's regular
hourly rate is $200 but he has reduced it to a governmental
rate of $150 per hour, and
b) Mr. West will pay the auditor in full out of the $25,000 flat
fee and no portion of any contingency fee will be paid to the
auditor.
3. If a full audit is required to substantiate the claim, a complete
audit would need to be performed by the auditor at an estimated fee
not to exceed $25,000-$35,000, based on the auditor's customary
hourly rate. If the audit becomes necessary, City Council would be
asked to approve performance of the audit at a later date.
While not anticipated, and not part of the present action, if City Council
should decide to authorize litigation to pursue the claim against
Southwestern Bell, Mr. West has indicated that he would perform those
litigation services at a reduced hourly rate, with a full credit for those
fees out of any contingency paid.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal'Services certifies that funds required for this
expenditure are available in the current operating budget in the General
Fund.
Mayor Granger re Mayor Granger advised City Council that the letter that was passed out to the
letter received from City Council earlier was a letter received from Southwestern Bell Telephone Company
Southwestern Bell late on March 23, 1992, and she wanted to- make sure that each Council Member had
Telephone Company received a copy of the letter.
Council Member Meadows Council Member Meadows advised Council that he is a shareholder in Southwestern
re M&C G-9576 Bell Telephone Company and filed a conflict of interest affidavit.
Council Member Woods Council Member Woods advised City Council that she would also need to file a
M&C G-9576 conflict of interest affidavit on Mayor and Council Communication No. G-9576.
Deputy City Attorney Deputy City Attorney Bill Woods advised Council Member Woods that she is
Bill Woods re Council disqualified from voting on Mayor and Council Communication No. G-9576.
Member Woods re M&C
G-9576 Council Member Matson made a motion, seconded by Council Member Silcox, that
consideration of Mayor and Council. Communication No. G-9576, Retention of Outside Legal
Council to Assist with Negotiation of Southwestern Bell Telephone Company Franchise, be
continued until after executive session. 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, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Members Meadows and Woods
M&C P-5538 re There was presented Mayor and Council Communication No. P-5538 from the City
purchase from Gartech Manager submitting a tabulation of bids- received for the purchase of refrigerant
recovery/recycler machines for the Transportation and Public Works Department; stating
that the Director of Fiscal Services certifies that funds required for this expenditure
are available in the current operating budget of the General Fund; and recommending
that the purchase be made from Gartech on its low bid of $7,394.00, net f.o.b. Fort'
Worth. It was the consensus of the City Council that the recommendation be adopted.
M&C P-5539 re
There was presented Mayor and Council
Communication No. P-5539 from the City
purchase from Texas
Manager submitting a tabulation of bids received
for the purchase
of eight two-inch
Contractors Supply
trash pumps and 19 three-inch trash pumps for
the Water Department;
stating that the
Company
Director of Fiscal Services certifies that
funds required for
this purchase are
available in the current operating budget, as
appropriated, of the
Water and Sewer
Operating Fund; and recommending that the purchase
be made from
Texas Contractors
Supply Company for the Water Department on its
low bid meeting City
specifications, of
$17,977.00 net, f.o.b. Fort Worth. It was the
consensus of the City
Council that the
recommendation be adopted.
M&C L-10870 re There was presented Mayor and Council Communication No. L-10870 from the City
acquisition of tem- Manager recommending that the City Council authorize the acquisition of a temporary
porary construction construction easement (Parcels CE -11, CE -12, CE -13, and CE -14), portions of Lots 3, 4,
easement
Minutes of City Council T-3 Page 494
495
Tuesday, March 24.1992
M&C L-10870 cont. 5, and 6, Block 8, Home Acres Addition (5108, 5116, 5120, and 5124 Eastland Street);
find that $1.00 is just compensation for property acquired for reconstruction of
Eastland Street from Thelma Goodwin; and authorize the acceptance of the appropriate
easements. It was the consensus of the City Council that the recommendations be
adopted.
M&C L-10871 re There was presented Mayor and Council Communication No. L-10871 from the City
acquisition of tem- Manager recommending that the City Council authorize the acquisition of a temporary
porary construction construction easement described as a triangularly shaped strip out of Lot 47, Block 8,
easement Frisco Addition (1905 West Morphy Street), required for reconstruction of Sanitary
Sewer Main 13, 20, and 44, from Lillie Mitchell, for a consideration of $1.00; and
authorize the acceptance of the appropriate deed. It was the consensus of the City
Council that the recommendations be adopted.
M&C L-10872 re There was presented Mayor and Council Communication No. L-10872 from the City
acquisition of tem- Manager recommending that the City Council authorize the acquisition of a temporary
porary construction construction easement described as a rectangular shape out of Lot 1, Block B -R,
easement Mistletoe Heights Addition (2001 West Rosedale Street), for a consideration of $1.00,
from Surgery Center of Fort Worth, Inc., by Dan E. Bruhl, President, required for
reconstruction of Sanitary Sewer Mains 13, 20, and 44, and authorize the acceptance of
the appropriate deed. It was the consensus of the City Council that the
recommendations be adopted.
M&C L-10873 re There was presented Mayor and Council Communication No. L-10873 from the City
acquisition of two Manager recommending that the City Council authorized the acquisition of two permanent
permanent sanitary sanitary sewer easements for Parcel 33 and 55, described as Block 9, Lots 1-10, Forest
sewer easements Park Place Subdivision, required for reconstruction of Sanitary Sewer Main 13, 20, and
44 from Fort Worth Independent School District, for a consideration of $1.00, and
authorize the acceptance and recording of the appropriate deeds.
City Manager Ivory re City Manager Ivory advised City Council of an amendment to be made to Mayor and
M&C L-10873 Council Communication No. L-10873 to add the property description described as Block 9,
Lot 1 through 10, Forest Park Place Subdivision.
Council Members Council Member Chappell and Council Member Puente requested
Chappell and Puente q permission of City
PP Council to abstain from voting on Mayor and Council Communication No. L-10873 involving
re M&C L-10873 abstair Fort Worth Independent School District.
from voting „
Council Member Meadows made a motion, seconded by Council Member Woods, that
Council Members Chappell and Puente be permitted to abstain from voting on Mayor and
Council Communication No. L-10873. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Meadows made a motion, seconded by .Council Member Matson, that
Mayor and Council Communication No. L-10873, be approved, as amended. When the motion
was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Silcox, Matson, McCray, Woods, and Meadows
NOES: None
ABSENT: None
NOT VOTING: Council Members Puente and Chappell
M&C L-10874 re There was presented Mayor and Council Communication No. L-10874 from the City
release of easement Manager recommending that the City Council approve the release of easement being a
portion of Lot 1, Block 1, Tarrant Savings Plaza Addition, formerly known as Lot 1,
Block 1, Van Zant Addition .for a total consideration of $1.00, and authorize the
execution and recording of the appropriate release. .
Council Member Chappe'1 Council Member Chappell requested permission of the City Council to abstain from
re M&C L-10874 voting on Mayor and Council Communication No. L-10874 inasmuch as he has a business
abstain from voting relationship with Resolution Trust Corporation.
Council Member Meadows made a motion, seconded by Council Member McCray, that
Council Member Chappell be permitted to abstain from voting on Mayor and Council
Communication No. L-10874. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Meadows made a motion, seconded by Council Member Silcox, that
Mayor and Council Communication No. L-10874 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 L-10875 re There was presented Mayor and Council Communication No. L-10875 from the City
necessity of taking ai Manager, as follows:
interest in certain
land
Minutes of City Council T-3 Page 495
ore
M&C L-10875 cont.
SUBJECT: AUTHORIZATION FOR CONDEMNATION OF UTILITY EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS FOR THE LIVE OAR CREEK
WASTEWATER COLLECTOR FACILITY FROM HOLT HICKMAN
RECOMMENDATION•
It is recommended that the City Council:
1. Declare the necessity of taking an interest in certain land to
construct essential public improvements, and
2. Authorize the City Attorney to institute condemnation proceedings to
acquire the interest in the land.
DISCUSSION•
OWNER: Holt Hickman -
PROPERTY: Parcel 7
Permanent Easement - 89,211 square feet out of Tract 1, J.
Smallwood Survey, A-1485
Temporary Easement - 285,536 square feet out of Tract 1, J.
Smallwood Survey, A-1485
Parcel 18
Permanent Easement - 1.12 Acres out of Tract 2; H. T. Boydston
Survey, A-170
Temporary Easement 2.02 Acres out of Tract'2, H. T. Boydston
Survey, A-170
Parcel 32
Permanent Easement - 5,227
Rowland Survey, A-1355
Temporary Easement - 9,148
Rowland Survey, A-1355
LACK OF AGREEMENT:
square feet out of Tract 2, Jud
square feet out of Tract 2, Jud
The Real Property Management Department has been unable to agree with the
owner about the value of the easements required for the Live Oak Creek
Sewer Project.
This property is located in DISTRICT 7.
M&C L-10875 adopted On motion of Council Member Meadows, seconded by Council Member Chappell, the
recommendations, as contained in Mayor and Council Communication No. L-10875, were
M&C C-13276 cont. adopted.
for one week It was the consensus of the City Council that consideration of Mayor and Council
Communication No. C-13276, Contract for Citizens Survey, be continued for one week.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C C-13282 re There was presented Mayor and Council Communication No. C-13282 from the City
contract with Larry Manager submitting a tabulation of bids received for a contract for Miscellaneous Sewer
H. jackson Con- Main Extensions at Various Locations, Contract "92A11; stating that the Director of
struction Fiscal Services certifies that funds required for this contract are available in the
current capital budget, as appropriated, of the Commercial Paper Fund Sewer; and
recommending that the City Manager be authorized to execute a contract with Larry H.
Jackson Construction for the Miscellaneous Sewer Main Extensions at Various Locations,
Contract "92A" on its low bid of $380,262.00. It was the consensus of the City Council
that the recommendation be adopted.
M&C C-13283 re There was presented Mayor and Council Communication No. C-13283 from the City
acceptance of grant Manager, as follows:
from Department of
Labor SUBJECT: GRANT APPLICATION AND CONTRACT FOR JOB TRAINING PARTNERSHIP ACT
TITLE III WITH THE DEPARTMENT OF LABOR TO SERVE CIVILIAN
WORKERS AT CARSWELL AIR FORCE BASE
RECOMMENDATION•
It is recommended that the City Council authorize the City Manager to:
1. Accept a grant-, if awarded, from the Department of Labor in the
amount of $1,807,000.00 for the provision of services under the
Defense Conversion Act, through the Job Training Act Title III
program to civilian workers dislocated from Carswell Air Force Base,
for the contract period July 1, 1992 through December 31, 1993, and
2. Authorize the Fiscal Services Department to establish the required
accounts, and
3. Apply indirect costs in accordance with the City's Administrative
Regulation 3-15 {apply the 1990 rate of 2.44 percent which represents
the most recently approved rate for the Employment and Training
Department).
Minutes of City Council T-3 Page 496
M&C C-13283 cont.
Tuesday, March 24,1992
DISCUSSION:
On February 7, 1992, the Fort Worth Consortium (DTPA) Private Industry
Council approved the submission of a grant application in the amount of
$1,807,000.00 for the provision of JTPA Title III readjustment and
retraining services to be offered under the Defense Conversion Act, through
the Department of Labor, Employment and Training Administration.
The Defense Conversion Act Grant program (enabling legislation: The
National Defense Appropriations Act, 1990) diverts funds from the
Department of Defense for the provision of readjustment and retraining
services under Job Training Partnership Act Title III to workers dislocated
from military installations as a result of federally -mandated closures or
downsizings of such facilities. Pursuant to Defense Conversion Act, the
Department of Labor, Employment and Training Administration, issued a
Request for Proposals for the provision of retraining and readjustment
services through the JTPA Title III program.
Carswell Air Force Base was included in the list of federally -mandated base
closures. The deadline by which the Carswell closure is to be complete is
September 30, 1993. Carswell currently employs 1500 civilian workers. Of
these, approximately 300 workers will be retained to support the 301st
Bomber Wing. From past experience, it is estimated that of the remaining
1200 dislocated workers, 800 will participate in the proposed program.
The City's Employment and Training Department (dba The Working Connection)
through its Career Transition Center has responded to the Department of
Labor's Request for Proposals. The proposal was developed in cooperation
with the Texas Department of Commerce and a labor management committee
consisting ,of union and personnel representatives. Most program
participants will be served at a career transition center to be located on
Carswell Air Force Base. Some services will also be provided through the
existing Career Transition Center on Highway 80, which is three miles from
the base. After September 30, 1993, when the base closure is complete, all
program services will be offered through the Career Transition Center on
Highway 80.
Services to be provided include:
1. Basic Readjustment Services
Basic readjustment services include those services associated with
outreach and recruitment, participant orientation, intake and
eligibility determination, assessment, job search assistance
activities, initial and ongoing counseling and referral to other
appropriate activities. Job search activities include:
a. Job Search Seminar
The purpose of this activity is to train participants in the
skills necessary to find and secure employment. The curriculum
includes information on transition skills, coping skills,
employment seeking skills, and labor market information.
b. Job Club
Job Club is offered as a long-term follow-up activity to the
job search seminar and consists of ongoing weekly informational
and support group meetings. During the first four meetings, a
structured program of instruction in job search skills is
provided to participants through various media. Subsequent
open -entry, open -exit weekly meetings give participants the
opportunity to review each week's job search efforts, share job
leads, and offer feedback and specific recommendations to
individual job search situations.
C., Resource Center
The "self-help" resource center contains extensive job bank
listings, current. major newspapers, duplicating equipment,
typewriters, and fax machine. A phone bank provides nation-
wide access.to employers, as well as a location for incoming
messages from potential employers to participants. Mailing
service is provided for resumes, letters of introduction, and
other job search correspondence. Job developers are on hand to
assist in the job search effort.
Total number of participants in Basic Readjustment Services: 800
2. Retraining Services
Retraining services include those costs associated with the provision
of occupational and/or educational classroom training. Separate
activities under this heading are: . on-the-job training,
academic/vocational skills training, basic skills, or English as a
second language.
Minutes of City Council T-3 Page 497
497
U 0 i
Tuesday, March 24,1992
M&C C-13283 cont. II a. On -the -Job -Training
The OJT program, through individual written agreements,
provides for reimbursement :to an employer for up to 50% of
entry level wages of a participant involved in training for a
specific occupation. On-the-job training positions are
developed for demand occupations only.
Number of participants to be served: 80
b. Academic/Vocational Skills Training
The purpose of this activity is to provide structured classroom
training to participants in a variety of local labor market
demand occupations. Training is procured through a request for
proposal process or purchased on a buy-in'basis.
Number of participants to be served: 275
C. Basic Skills Training and English as a Second Language
Basic skills training and- English as a second language (ESL)
are offered to all participants who want to upgrade their
academic skills level. Basic skills training is required of
all participants whose academic functioning is below the 8th
grade level. This course must be successfully completed before
enrollment in academic/vocational skills training. Basic
skills training and ESL are provided through referrals to other
agencies or institutions.
Number of participants to be served: 75
3. SuQport.Services
Support services will be provided in cases where such support is
determined necessary for a participant to continue in the program or
to secure employment. These services will include (but will not
necessarily be limited to) child care, transportation, financial and
personal counseling, temporary food and shelter, medical, and
clothing needs.
4. Needs -Related Payments
Needs -related payments will be provided to participants who do not
qualify or have ceased to qualify for unemployment compensation or
extended unemployment compensation. Needs -related payments
recipients will be those who are in need of additional financial
support in order to continue in retraining and/or educational
services. Needs -related payments consist of a daily stipend of $11-
$15.
Minutes of City Council T-3 Page 498
PROPOSED BUDGET FOR PROGRAM YEAR 1991
Total Budget Cost Categories Amount
1. Administration $ 170,732.00
2. Readjustment Services $ 283,134.00
3. Retraining Services $1,303,134.00
4. Supportive Services/NRP's $ 50,000.00
TOTAL $1,807,000.00
FISCAL,INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this
expenditure will be available contingent upon the execution of a contract
with the Department of Labor.
M&C C-13283 adopted
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-13283, be adopted.
M&C C-13284 re
agreement with Robert
There was presented Mayor and Council Communication No. C-13284 from the City
T. Keller, M.D.
Manager stating that Robert T. Keller, M.D. reviews and authorizes clinical procedures
and protocols used by nurse practitioners in the clinic, consults with the clinic staff
as needed, and serves as the Medical Review Officer for the City's substance abuse
screening programs; that Dr. Keller, an independent practitioner of Internal Medicine,
has provided medical consulting services for the City's Occupational Health Clinic
since 1990; that the Director of Fiscal Services certifies that funds required for this
service are available in the current operating budget, as appropriated, of the General
Fund; and recommending that the City Manager be authorized to enter into an agreement
with Robert T. Keller, M.D. as the provider for medical consulting services for the
Risk Management Department Occupational Health Clinic, January 1, 1992, to January 1,
1993, with the provision of two separate subsequent one-year optional renewal periods,
and that the expenditures of $350.00 per month be approved during the term of
agreement, with total amount payable to Robert T. Keller, M.D. not -to -exceed $4,200.00
per year. It was the consensus of the City Council that the recommendations be
adopted.
M&C C-13285 re
agreement with Dean
There was presented Mayor and Council Communication No. C-13285 from the City
A. Harris Associates,
Manager stating that Dean Harris Associates reviews, interprets, and makes
Inc.
Minutes of City Council T-3 Page 498
Tuesday, March 24,1992
M&C C-13285 cont. recommendations to clinic staff on the audiograms performed by the staff on City
employees, provides an annual report on employees with significant hearing shifts,
provides the audiometric testing forms, calibrates the audiometer located in the
clinic, and consults with the clinic staff as needed; that the consultant services have
been of extreme benefit and continuity of a very successful working relationship with
the City's staff has been maintained; that the Director of Fiscal Services certifies
that funds required for this contract are available in the current operating budget, as
appropriated, of the General Fund; and recommending that the City Manager be authorized
to enter into an agreement with Dean A. Harris Associates, Inc., as the provider for
audiological consulting services for the Risk Management Department Occupational Health
Clinic from January 1, 1992, to January 2, 1993, with the provision of two separate
subsequent one-year optional renewal periods, and that expenditures of $3.50 per test
(audiogram review, interpretation, and recommendation) be approved during the term of
agreement with the total amount not -to -exceed $6,000.00. It was the consensus of the
City Council that the recommendations be adopted.
M&C C-13286 re
There was presented Mayor and Council Communication No. C-13286 from the City
contract with Yandell
Manager stating that residents on Kinsale Court petitioned the Councilperson in
& Hiller, Inc.
District 3 in 1991 to consider improving the natural creek running behind their homes
and extending generally from U.S. 80 south to Chapin Road through Waverly Park; that
this natural creek overflows the banks and floods adjacent homes and property
throughout its length; that staff requested and received three unpriced proposals from
local consulting engineering firms; that these proposals were reviewed by a selection
committee which recommended the local firm of Yandell & Hiller, Inc., who has agreed to
provide the required design and survey services for a fee based on time and hourly
rates in an amount not to exceed $62,600.00; that Yandell & Hiller, Inc., does comply
with the City's DBE policy; that the Director of Fiscal Services certifies that funds
required for this contract are available in the current capital budget, as
appropriated, of the Street Improvements Fund;'and recommending that the City Council
approve a $62,600.00 bond fund transfer from Inner City Streets Unspecified Project to
the Waverly Park Drainage Channel Improvements Project in the Street Improvements Fund,
and that the. City Manager be authorized to execute an engineering design contract for
Waverly Park Drainage Channel Improvements with the firm of'Yandell & Hiller, Inc., on
an hourly rate fee basis, in an amount not -to exceed $62';600.00.- It was the consensus
of the City Council that the recommendations be adopted.
M&C C-13287 re
!There was presented Mayor 'and Council Communication No. C-13287 from the City
contract with the
Manager, as follows:
Tarrant County Water
Control and Improve-
SUBJECT: TARRANT COUNTY REGIONAL WATER SUPPLY FACILITIES BENBROOK
ment District No. 1,
RESERVOIR CONTRACT
Arlington, Mansfield,
Trinity River Authorit
RECOMMENDATION:
Weatherford, and
Benbrook Water and
It is recommended that the City Council authorize the City Manager to
Sewer Authority
execute the Tarrant County Regional Water Supply Facilities Benbrook
Reservoir Contract with the Tarrant'County Water Control and Improvement
District No. 1, Arlington, Mansfield, Trinity River Authority, Weatherford,
and Benbrook Water and Sewer Authority (BWSA).
DISCUSSION:
Both Fort Worth and BWSA have contracts with the United States Corp of
Engineers and permits from the Texas Water Commission for a portion of the
water- in -Benbrook Reservoir. In addition, Fort Worth and the City of
.Weatherford have petitioned for the remaining capacity in the reservoir.
BWSA also desires additional capacity, but has not filed an application. A
rate petition has been filed with the Texas Water Development Board asking
that the Commission fix the rates for the supply of water from Benbrook
:Reservoir to BWSA and Weatherford.
In May 1986, Fort Worth, Weatherford, BWSA, together with TRA, Mansfield,
Arlington and TCWCID. No. 1, agreed to settle their differences and enter
into an agreement for .TCWCID to seek a contract with Corps of Engineers to
obtain the use of Benbrook Reservoir's entire capacity. The District would
then supply water to the other parties. The proposed Facilities Contract
is the result of that agreement. Its major provisions are:
1. 'Subject to execution of the District's contract with the Corp of
Engineers, the existing parties assign their rights, obligations and
liabilities to the District.
2. Payments to the Corps of Engineers by Fort Worth and BWSA will be
considered system charges and Fort Worth and BWSA will be credited
for the payments by the District.
3. Conditions for sale of water to BWSA and Weatherford by the District
are established.
4. The allocation of dependable yield from Benbrook Reservoir is:
Fort Worth 683 acre feet 10%
BWSA 3,380 acre feet 49.5%
Weatherford 2,770 acre feet' 40.5%
5. Availability of water to BWSA and Weatherford will be increased when
the Benbrook Project', a pipeline between the Benbrook Reservoir and
Minutes of City Council T-3 Page 499
500
Tuesday, March 24,1992
M&C C-13287 cont. the present terminus of the Cedar Creek and Richland -Chambers
Reservoirs' pipelines, is complete.
Council Member Matson
re M&C C-13287 abstair Council Member Matson requested permission of the City Council to abstain from
from voting - voting on Mayor and Council- Communication No. C-13287 due to a business relationship
with one of the entities involved in the Tarrant County Regional Water Supply
Facilities Benbrook Reservoir Contract.
Council Member Chappell made a motion, seconded by Council Member Meadows, that
Council Member Matson be permitted to abstain from voting on Mayor and Council
Communication No. C-13287. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Meadows made a motion, seconded by Council Member Silcox, that the
recommendation, as contained in Mayor and Council Communication No. C-13287, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Matson
M&C FP -2939 re There was presented Mayor and Council Communication No. FP -2939 from the City
fina3.a.payment to Walt- Manager stating that the paving of Old Hemphill Road from Alta Mesa to 180 feet north
Ril.lidm&-.Construction of Stratton, Sheridan Road North from Parkway to Dead End, Sheridan Road from Chateau
Compady;cIncu rth cf to Sycamore School Road and Valera Court from Old Hemphill to Dead End has been
St•r•at-ton, completed in accordance with plans, specifications, and requirements; and recommending
that the City Council accept as complete the paving of Old Hemphill Road from Alta Mesa
to 180 feet north of Stratton, Sheridan Road North from Parkway to Dead End, Sheridan
Road from Chateau to Sycamore School .Road and Valera Court from Old Hemphill to Dead
End; approve the final assessment rolls; authorize the issuance of certificates as
evidence of the special assessments levied against the abutting property owners of Old
Hemphill Road from Alta Mesa to 180 feet north of Stratton, Sheridan Road North from
Parkway Drive to Dead End; and authorize final payment of $9,051.13 to Walt Williams
Construction Company, Inc., with funds available in the current capital budget and the
retainage account, as appropriated, of the Street Improvements Fund. It was the
consensus of the City Council that the recommendations be adopted.
M&C G-9571 re ,It appearing to the City Council that a hearing has been scheduled for today's
changing name of City Council meeting and all abutting property owners have been notified regarding the
Dooling Court to changing of the name of Dooling Court to Kelli Court; Mayor Granger asked if there was
Kelli Court anyone present desiring to be heard.
Mr. Tom Lake re
M&C G-9571 Mr. Tom Lake, Supervisor of the Applications Division, Development Department,
appeared before the City Council and advised Council that Mr. Glen Sanders has
requested that the name of Dooling Court be changed to Kelli Court in memory of his
daughter.
Mr. L.D. Lewis re
M&C G-9571 Mr. L.D. Lewis, 1909 Bay Oaks Court, representing Mr. and Mrs. Glen Sanders and
Mr. Rick Heath, appeared before the City Council and requested that the City Council
give favorable consideration for the street name change from Dooley Court to Kelli
Court as a tribute to Mr. Sanders only child who was killed in a hit-and-run accident
in June 1991.
There being no one else present desiring to be heard in connection with the
street name change, Council Member Puente made a motion, seconded by Council Member
Matson, that the hearing be closed and that an ordinance be adopted changing the name
of Dooling Court, which extends a distance of approximately 400 feet in a northwesterly
direction from East Long Avenue to its terminus in a cul-de-sac, to Kelli Court. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an
Ordinance Council Member Puente introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Matson. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
Ordinance No. 11059
ABSENT: None
The ordinance, as adopted, is as follows:
ORDINANCE NO. 11059
AN ORDINANCE CHANGING THE NAME OF "DOOLING COURT" TO "KELLI
COURT"; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER
ORDINANCES AFFECTING STREET NAMES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Mr. Chip Diano re Mr. Chip Diano, 6007 Westridge Lane, Apartment No. 102, appeared before the City
The T will provide Council and advised citizens that The T will be providing transportation to the Town
transportation to the
Town Hall Meeting
Minutes of City Council T-3 Page 500
5;01
Tuesday, March 24,1992
. Chip Diano state- Hall Meeting on March 26; 1992, and advised City Council that he has reviewed the Mayor
nt's and Council Plan regarding ADA and advised Council that some changes had to made such
as the removal of mental illness from the application by this summer; and advised
Council that a vigil will be held on May 2, 1992, and encouraged City Council Members
to participate.
t in closed or It was the consensus of the City Council that the City Council meet in closed or
ecutive session executive session for the following purposes:
1. To seek the advise of its attorneys concerning the following pending
litigation or other matters which are exempt from public disclosure
under Article X, Section 9 of the State Bar Rules:
a. Negotiation of Southwestern Bell Telephone Company Franchise;
as authorized by Section 2(e), Article 6252-17, V.A.C.S.
econvened into regular The City Council reconvened into regular session with five members present and
ession I Mayor Pro tempore Webber and Council Members McCray, Woods, and Meadows absent.
C G-9576 re There was presented Mayor and Council Communication No. G-9576 from the City
tained Mr. Clarence Manager, as follows:
st, Attorney at Law,
outside counsel SUBJECT: RETENTION OF OUTSIDE LEGAL COUNSEL TO ASSIST WITH NEGOTIATION
OF SOUTHWESTERN BELL TELEPHONE COMPANY FRANCHISE
RECOMMENDATION•
It is recommended that the City Council:
1. Retain Clarence West, Attorney at Law, pursuant to Section 3, Chapter
VI. of the City Charter, as outside counsel, to consult with and
assist the City Attorney in negotiating a franchise with Southwestern
Bell Telephone Company, and
2. Adopt the attached Resolution fixing in advance, as far as practical,
the compensation to be paid Mr. West for his services, in the amount
of $25,000 (and reasonable expenses not to exceed $5,000), plus a
percentage of certain amounts which Mr. West may recover on the
City's behalf.
DISCUSSION:
The City Council has been given periodic updates concerning the status of
franchise ordinance discussions between the City and Southwestern Bell
Telephone Company.
In Fort Worth, as in other cities, Southwestern Bell operates and maintains
a local telephone network by virtue of a franchise with the City. The City
of Fort Worth receives franchise payments from Southwestern Bell pursuant
to a 1933 Franchise Ordinance and a 1976 Letter Agreement.
Bell has historically excluded certain revenue categories from franchise
fee calculations in making payments to cities. Since the mid -1980's a
significant portion of these excluded `amounts has been the access fees
which Southwestern Bell charges to long-distance carriers (e.g., Sprint,
M.C.I. and AT&T) in exchange for access to Bell's local exchange telephone
network. Other revenues which Bell has historically excluded in making
payments to cities include access revenues from mobile telephone companies,
revenues from directory assistance calls and revenues from ancillary
services the telephone company provides.
The City and Southwestern Belle -have -recently. discussed the renegotiation of
Bell's franchise. The franchise ordinance proposed by Bell provides for an
increase in annual payments and for.•, -a future escalation in payments.
Bell's current offer does not include anything for underpayments and would
cut off all claims for past underpayments.
It is recommended that the City review past franchise payments by
Southwestern Bell, determine whether underpayments exist and, if so, pursue
collection. It is the opinion of the City Attorney that, because this
matter involves complex legal and fact questions related to utility
regulation, outside legal counsel should be retained to assist the City
Attorney. Clarence West, Attorney at Law, is well recognized for his
knowledge and expertise in handling such matters: Mr. West has made a
written proposal in which he offers to represent the City on the following
basis:
1. Mr. West would perform the following services:
a) Contract with an experienced independent auditor to perform a
preliminary review to determine whether there are past
underpayments by Southwestern Bell in the areas mentioned and
determine the probable magnitude of the underpayments, and
b) Brief City, officials on --the-legal basis for an underpayment
claim, and
Minutes of City Council T-3 Page 501
502
Tuesday, March 24,1992
c) With the City's consent, make a demand on Southwestern Bell,
M&C G-9576 cont. and
d) In coordination with the City Attorney, negotiate a new
franchise with Southwestern Bell which will satisfy any past
claims due the City and will protect the City's interest as to
future telephone franchise payments and operations.
2. The City would compensate Mr. West as follows:
a) The preliminary audit, briefing, demand to Southwestern Bell,
and up. to 25 hours in billable time in negotiations with Bell
will be performed for a flat fee of $25,000 (plus reasonable
expenses up to- $5,000), plus a 25 percent contingency on the
first $100,000, and a 20 percent contingency on any amounts
greater than $100,000 paid by Bell over and above their current
offer to the City. A full credit will be given for the $25,000
payment on any- contingency fees paid. Mr. West's regular
hourly rate is $200 but he has reduced it to a governmental
rate of $150 per hour, and
b) Mr. West will pay the auditor in full out of the $25,000 flat
fee and no portion of any contingency fee will be paid to the
auditor.
3. If a full audit is required to substantiate the claim, a complete
audit would need to be performed by the auditor at an estimated fee
not to exceed $25,000-$35,000, based on the auditor's customary
hourly rate. If the audit becomes necessary, City Council would be
asked to approve performance of the audit at a later date.
While not anticipated, and not part of the present action, if City Council
should decide to authorize litigation to pursue the claim against
Southwestern Bell, Mr. West has indicated that he would perform those
litigation services at a reduced hourly rate, with a full credit for those
fees out of any contingency paid.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this
expenditure are available in the current operating budget in the General
Fund.
M&C G-9576 adopted On motion of Council Member Matson, seconded by Council Member Chappell, the
recommendations, as contained in Mayor and Council Communication No. G-9576, were
adopted.
Introduced a Council Member Matson introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Council Members Puente, Silcox, Matson, and
Chappell
NOES: None
ABSENT: Mayor Pro tempore Webber; Council Members McCray, Woods, and Meadows
The resolution, as adopted, is as follows:
Resolution No. 1813 1 RESOLUTION NO. 1813
WHEREAS, the City of Fort Worth is currently negotiating a franchise
ordinance with Southwestern Bell Telephone Company and is seeking to
determine whether Bell is liable to the City for past underpayments of
franchise fees; and
WHEREAS, because these matters are of extraordinary importance, it is
necessary to retain outside counsel to advise the City and to assist the
City Attorney in representing the City in connection with these matters;
and
WHEREAS, Clarence West, Attorney at Law, possesses knowledge and
experience in public utilities matters and has agreed to advise the City
and assist the City Attorney in representing the City in these matters;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
I.
That Clarence West, Attorney at Law, be retained as outside counsel
pursuant to Section 3, Chapter VI of the City Charter, to advise the City
concerning the negotiation of a franchise ordinance with Southwestern Bell
Telephone Company and in determining whether Bell is liable to the City for
past underpayments of franchise fees, and to assist the City Attorney in
representing the City in connection with such matters and related issues.
Minutes of City Council T-3 Page 502
H
IM&C G 9576 cont.
IMet in closed or '
executive session
Reconvened into
regular session
Adjourned
S03
Tuesday, March 24,1992
II.
That, as far as practicable, the compensation to be paid Mr. West for
his services is fixed in the amount of $25,000.00 (plus reasonable expenses
not to exceed $5,000), plus certain percentage contingent fees, all as
provided in Mr. West's written proposal to the City dated February 27,
1992.
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 advise of its attorneys concerning the following pending
litigation or other matters which are exempt from public disclosure
under Article X, Section 9 of the State Bar Rules:
b. Timothy L. Hampton v. City of Fort Worth, Cause No. 96-115534-
88;
C. Paula Payne v. City of Fort Worth, Cause No. 141-102625-87;
2. To discuss the appointment of an Acting City Manager and a City
Manager as authorized by Section 2(g), Article 6252-17, V.A.C.S.
The City Council reconvened into regular session.
There being no further business, the meeting was adjourned.
I A; 2: Ja,Z�i
ACT G CITY SECRETARY
Minutes of City Council T-3 Page 503
MAYOR