Loading...
HomeMy WebLinkAbout1992/03/31-Minutes-City CouncilMinutes of City Council T-3 Page 503 CITY COUNCIL MEETING MARCH 31, 1992 ouncil Met On the 31st 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: embers Present 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; Deputy City Attorney William W. Wood; Acting City Secretary Gloria Pearson; Mayor- Kay Granger absent; with more than a quorum present, at which time the following business was transacted: nvocati on .. . • --- • - The invocation was given by The Reverend Liz Lamberth, Tarrant Area Community of Churches. ledge of Allegiance The Pledge of Allegiance was recited. inutes of March 24, 992 On motion of Council Member McCray, seconded by Council Member Woods, the minutes of the meeting of March 24, 1992, were approved. resented a grant to ieutenant Burbank Ms. Teresa Mosier, representing Target Stores, presented a grant to Lieutenant Burbank. resented a certificat o Mr. Jearrel Webb Police Chief Thomas Windham presented a certificate of appreciation to Mr. Jearrel Webb for his Assistance in Apprehension of Criminal. roclamation - Ms. Pam agby for Child Abuse A proclamation for Child Abuse Prevention Month was presented to Ms. Pam Bagby. revention Month elegation of Governors Acting City Secretary Pearson. acknowledged the presence of a delegation of rom Turkey Governors from Turkey. roclamation - Medical ' A proclamation for Medical Laboratory Week was presented to Ms. Linda McCree. aboratory Week roclamation - David A proclamation was presented to City Manager David Ivory in recognition of his vory Day services to the City of Fort Worth., �i A &C No. G-9584 as withdrawn Council Member Silcox requested that Mayor and Council Communication No. G-9584 be withdrawn from the consent agenda.,.. &C No. G-9577 was ithdrawn Mayor- Pro tempore Webber requested- that Mayor; and Council Communication No. G-9577 be withdrawn from the consent agenda. 7c No. L-10879 was ithdrawn City Manager Ivory requested that Mayor and Council Communication No. L-10879 be withdrawn from the consent agenda. i ty Manager Ivory re nvironmental Advisory .City Manager..Ivory requested that ,the resolution authorizing the establishment of ommittee an Environmental Advisory Committee for the City of Fort Worth, Texas, Appointing Membership, Stating Goals and Objectives as Authorized by City of Fort Worth be withdrawn from the agenda. onsent Agenda approve On motion of Council Member Puente, seconded by Council Member Silcox, the consent agenda, as:amended, was approveda,:.. ntroduced Ms. Alice hunch as appointed Council Member Woods introduced Ms. Alice Church, newly appointed City Secretary ity Secretary for the City of Fort Worth. Minutes of City Council T-3 Page 503 504 Environmental Advisory Committee resolution was withdrawn from the agenda City Council Municipal Court Advisory Commi- ttee Policy Memorandum No. 27 re Appointment of Municipal Judges and Salary Adjustment Tuesday, March 31, 1992 It was the consensus of the City Council that the resolution authori2 ng the establishment of an Environmental Advisory Committee for the City of Fort Worth; Texas, Appointing Membership, Stating Goals and Objectives as Authorized by City of Fort Worth be withdrawn from the agenda. Council Member Chappell made a motion; seconded by Council Member Puente, that during the interim period; Assistant. City Manager Bob Terrell be appointed as Acting City Manager. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. There was presented City Council Municipal Court Advisory Committee Policy Memorandum No. 27 from the City Manager, as -follows:, SUBJECT: APPOINTMENT OF MUNICIPAL- JUDGES AND SALARY ADJUSTMENT BONNIE SUDDERTH, JERRY MOORE, STEVE WILLIAMSON, PAULA CONLEY, MAMIE BUSH JOHNSON. POLICY: It is recommended that the City Council appoint the following individuals as municipal judges and set their new annual salary as shown below, effective April 1, 1992, for a term of two years as provided by City Code: Annual Salary Name Current New Bonnie Sudderth, Chief Judge $47,639 $50,307 Jerry Moore, Deputy Chief Judge 44,942 47,638 Steve Williamson, Judge 41,897,- 43,992 Paula Conley, Judge 38,778 40,717 Mamie Bush Johnson, Judge 38,778 40,717 It is further recommended that the Chief Judge's car allowance be set at $150.00 per month. The car allowance for the Deputy Chief Judge and the other Judges shall be set at $75.00 per month. DISCUSSION: These appointments are all reappointments of sitting judges. The Municipal Courts Advisory Committee voted to recommend these appointments and salary adjustments at its regular meeting on March 24, 1992. ,ssistant City Manager ibby Watson re Assistant City Manager Libby Watson appeared before the City Council and advised .CMCADCPM No. 27 Council that, in April 1991, it was determined that the salaries of the Municipal Judges for the City of Fort Worth were far below the salary range of other municipalities and, it was decided at that time that the City Council would phase in salary increases over a five year period in order to bring the judge salaries up to the salary range of other municipalities and that this is the third phase of salary increases. ssistant City Attorney Assistant City Attorney David Yett appeared before the City Council and advised avid Yett re Council that the appointment of municipal- judges is required by state law and also CMCADCPM No. 27 states that the City Council will set the salaries for the municipal judges. ouncil Member Silcox Council Member Silcox requested that- Municipal Court Advisory Committee Policy e CCMCADCPM No. 27 Memorandum No. 27 be separated in order to vote separately on the appointment of judges and the setting of the salaries for the judges. oted Municipal Council Member Chappell made a motion, seconded by Council Member Meadows, that ud gesBonnie Sudderth, Jerry Moore, Steve Williamson, Paula Conley, and Mamie Bush Johnson be appointed as Municipal Judges. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. et new salaries for Council Member Chappell made a motion, seconded by Council Member Meadows, that he municipal judges the City Council set the new annual salaries for the municipal judges as recommended in Municipal Court Advisory Committee Policy Memorandum No. 27. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote:. AYES: Mayor Pro tempore Webber; Council Members Puente, Matson, McCray, Woods, Meadows, and Chappell NOES: Council Member Silcox ABSENT: Mayor Granger ity Council Municipal There was presented City Council Municipal Court Advisory Committee Policy ourt Advisory Commi- Memorandum No. 28 from the City Manager, as follows: tee Policy Memorandum o. 28 re Appointment SUBJECT: APPOINTMENT OF MUNICIPAL JUDGES PRO TEM - ANNJENET CHENNAULT, f Municipal Judges MICHAEL NEWMAN, INGRID STROMBERG, MARK SULLIVAN, EDWARD ro Tem VALVERDE, AND MICHELLE YOUNGBLOOD. POLICY: It is recommended that the City Council appoint Annjenet Chennault, Michael Newman, Ingrid Stromberg, Mark Sullivan, Edward Valverde, and Michelle Youngblood as municipal judges pro tem for a one-year term beginning on April 1, 1992. Minutes of City Council T-3 Page 504 CCMCADCPM No. 28 cont. CCMCADCPM No. 28 adopted M&C OCS-409' Liability Bonds Tuesday, March 31, 1992 DISCUSSION: State law provides that a majority of the City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness,. family death or illness, continuing legal or judicial.,education programs, or, for -other reasons. The Chief Judge selects one of the persons appointed by governing body to serve during such.an absence. Gov. Code 530.144(i).- - The judges pro tem serve for a term of one year. City Code, Sec. 10-3. The appointments recommended in this • Policy Memorandum are all reappointments of judges pro tem who are currently serving existing term s which began and end on different dates. The purpose of the reappointments is to coordinate their terms of office. The Municipal Courts Advisory Committee, -at its regular meeting on March 24, 1992, voted to recommend the appointment of the above named individuals by the City Council tothe office of municipal judge pro tem, acting on the recommendation of the Chief Judge. On motion of Council Member Chappell, recommendation, as contained in City Council Memorandum No. 28, was adopted. 5105 seconded by Council Member McCray, the Municipal Court Advisory Committee Policy There was presented Mayor and Council Communication No. OCS-409 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTORS BOND INSURANCE COMPANY Larry Parker'Concrete Lawyers Surety Corporation James Hammonds Gulf Insurance Company M&C OCS-409 adopted It was the consensus of the City Council that the recommendation be adopted. M&C OCS-410 re There was: Claims presented Mayor and Council Communication No. OCS-410 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: Mirza Ahmed 1. Claimant: Mirza Ahmed Date Received: March 20, 1992---- Date 992---Date of -Incident: January 21, 1992 Attorney:,,. Brookman & Baird' Location of -Incident: 8300 Trinity Blvd.- Estimate lvd.Estimate of Damages/ Injuries: $530,000.00 Nature of Incident: Claimant alleges injuries and damages _ sustained in a vehicular accident caused by adverse road conditions that resulted in the death; of claimant's - wife and brother and severely injured claimant's daughter. Gary Lee Conklin Scott Edward Smith Judy Marie Caudle M&C OCS-410 adopted 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Gary Lee Conklin March 26, 1992 November 3, 1991 6504 Bea Court $360.00 c- Claimant alleges damages to property sustained as the result of a sewer main back-up. 3. Claimant:-. Scott Edward Smith Date Received: ­.-March-26, 1992 Date of Incident: February 12, 1992 Location.of Incident: Approx. 3200 Camp Bowie Blvd. Estimate of Damages/ Injuries: $551.66 Nature of Incident: Claimant alleges damages to automobile as a result of striking a manhole sticking up out of the street. 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Judy Marie Caudle March 24, 1992 March 8, 1992 Marina Dr. before Telephone Rd. $101.02 Claimant alleges damages to vehicle sustained as a result of road conditions. (Pothole) 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 February 25, 1992, set VH -0087 11 today as the date for the benefit hearing in connection with the assessment paving of Irion Avenue from Hutchinson Street to Grover Street and that notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper Minutes of City Council T-3 Page 505 506 Tuesday, March 31, 1992 Benefit Hearing of the City of Fort Worth, Texas, in accordance with Article 1105b, Vernon's Annotated BH -0087 cont. Civil Statutes, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re Mrs. Martha Lunday, representing the Department of Transportation and Public BH -0087 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- amountassessed• 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 -0087, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF IRION AVENUE FROM HUTCHINSON-STREET TO'GROVER STREET -(PROJECT NO. 67-040260) 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 Irion Avenue from Hutchinson Street to Grover Street. DISCUSSION• The 1986 Capital Improvement Program included funds for the improvement of Irion Avenue from Hutchinson Street to ,Grover Street. The street is in the Diamond Hill Target Area and has never 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. Irion Avenue will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where -shown on the plans. On February 25, 1992 (M&C G-9532), the City Council established March 31, 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 $- 3,000.00 ( 2%) City's share of cost $171,594.00 ( 98%) Total cost $174,594.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in DISTRICT 2. There being no one else present desiring to be heard in connection with the assessment paving of Irion Street from Hutchinson Street to Grover Street, Council Member Puente made a motion; seconded • by Council Member Woods, that the recommendations, as contained in BH -0087, be adopted. 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 Woods. The motion, carrying with' it the adoption of,said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 506 507 Tuesday, March 31, 1992 ORDINANCE NO. 11060"' Ordinance No. 11060 AN� ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF IRION AVENUE FROM HUTCHINSON STREET TO GROVER STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES' IN THE CITY OF FORT WORTH, - TEXAS; FIXING CHARGES AND i 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-9568 DISCUSSION: There was presented Mayor and Council Communication No. G-9568 from the City re Appointment of two Manager -stating that- the Chairman of the Zoning Commission, Mr. Bud Pickett, has alternate members to advised the City Manager that it is often difficult for the Commission to hold the City Zoning Co- regularly scheduled public hearings, due to -the inability- of various members to - denied participate in hearings because of personal conflicts or lack of a quorum; that Mr. mmission 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-.McCray,•that the recommendation be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9577 There was presented Mayor and Council Communication No. G-9577 from the City re Holding of Securities Manager; as follows: in Joint Safekeeping SUBJECT: APPLICATION TO THE FEDERAL RESERVE. BANK, OF DALLAS FOR THE HOLDINGS -OF SECURITIES IN JOINT SAFEKEEPING: RECOMMENDATION:. It is recommended that -the City Council: 1. Authorize the Director of Fiscal Services, Assistant Director of Fiscal -Services/Treasurer, - and Deputy Treasurer to sign in -transactions with.the Federal Reserve,Bank of -Dallas, and 2. Authorize the City Secretary to execute an Application to the Federal Reserve Bank -of --Dallas- for` the- Holding of Securities in Joint Safekeeping.- afekeeping. Mayor Pro tempore Webber re M&C G-9577 Council Member Chappel re M&C G-9577 Council Member Matson re M&C G-9577 DISCUSSION: These actions will: enable the staff --to establish and activate a City of Fort -Worth "joint custody account" at the Federal Reserve Bank of Dallas in compliance -with the City's Cash Management Rules -and Regulations. All-deposits-of:.the-City-in commercial: banks. -must. -be. -fully collateralized by -,acceptable securities. Presently, the City's deposits at Team Bank are collateralized by --securities held in custody -at- Bank One (Team Bank's agent) and pledged to the City of Fort Worth. The Federal Reserve- Bank (the Fed) has specifically designed a system by which the. Fed itself may act as- the safekeeping agent of both the City and the bank which pledges the collateral to secure --City deposits. Upon proper transfer of the securities by the pledging bank--into:a "joint custody account" (classification "07"), the Fed will issue a:joint custody receipt to both the pledging bank and the City. Thereafter, the Fed will not release the securities prior to their -;maturity without the express written consent of both parties. This change in safekeeping will improve compliance with GASB Statement 3 and ensure bank deposits are classified in the lowest- risk category (deposits collateralized-with� securities held by the City's agent -in the City's name). + FISCAL-INFORMATION/CERTIFICATION : r r: There will berno cost to the City to activate this joint custody account at the Fed. Safekeeping charges for pledged securities will be paid by the depository bank. Mayor Pro tempore Webber disclosed -interest -in Bank- One and Team Bank on Mayor and Council Communication No. -G-9577--, J. Council Member Chappell disclosed interest with Bank One:F-. Council Member Matson disclosed interest.with Bank One. Minutes of City Council T-3 Page 507 M Tuesday, March 31, 1992 Council Member McCray.;made a motion, seconded by Council Member Woods, that recommendations, as contained in Mayor and Council Communication No. G-9577, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. &C G-9578 re There was presented -Mayor and Council Communication No. G-9578 from the City ayment to Alpha Manager stating that Alpha Engineering, Inc., was hired to provide expert accident ngineering, Inc. reconstruction services in- this lawsuit; that the engineering firm was engaged by the City's outside legal counsel, Law, Snakard & Gambill, with the agreement and approval of the City Attorney's office; that, at this time, the Department of Law anticipates no additional charges from Alpha Engineering, Inc., in reference to this lawsuit; that the Director of Fiscal Services certifies that funds required for this consulting service are available in the current operating.budget, as appropriated, of the Insurance Fund; and recommending that the City Council authorize payment to Alpha Engineering, Inc., in the amount of $11,353.36 for its services as consulting experts in the case of April Lynch vs City of Fort Worth, et al. It was the consensus of the City Council that the recommendation be adopted. &C G-9579 re There was presented Mayor and Council Communication No. G-9579 from the City -90-86, 1322 Fifth Manager stating that the City Council approved Historical/Cultural Subdistrict Zoning venue (Case Z-90-86) for property,at 1322 Fifth Avenue; that this entitled the owner, Rose Lynn Scott, to make :an application for partial tax exemption eligibility; that the eligibility is based on the -fact -that—the-applicant- has spent 30 percent of the assessed valuation of the structure �on rehabilitation costs and has furnished the Historic and Cultural Landmark Commission with proof of title to the property and proof of Historic and Cultural designation; that the owner completed the property in December 1991; that, upon approval of:verification by the City Council, City staff will notify the Tarrant Appraisal District and the City Assessor in writing of compliance; that the renovated property will then maintain an assessed, value for ad -valorem tax purposes equal to the assessed valuation prior to renovation `for a ten-year period; and recommending that the City Council approve the application for partial tax exemption eligibility of property at 1322 Fifth Avenue (Fairmount/Southside Historic District). It was the consensus of the City Council that the recommendation be adopted. &C G-9580 re There was presented Mayor and Council Communication No. G-9580 from the City -90-86, 1423 Fairmount Manager stating that the City Council on October 9, 1990, approved Historical/Cultural Subdistrict Zoning (Case Z-90-86) for property located at 1423 Fairmount; that this entitled the owners, Steve'Lipsett and Chris Wilson, to make an application for partial tax exemption eligibility; that eligibility is based on the fact that the applicant has spent 30 percent of the assessed valuation of the structure on rehabilitation costs and has furnished the Historic and Cultural Landmark Commission with proof of title to the property and proof of Historic and Cultural- designation, receipt for paid taxes, plans for renovation; that the owner completed the property in June 1990; that, upon approval of' verification by the City Council, City staff will notify the Tarrant Appraisal District and the City Assessor -:in writing of compliance; that the renovated property will then maintain an assessed value for ad -valorem tax purposes equal to the assessed valuation prior to renovation for a ten-year period; and recommending that the City Council approve the application•.for,partial tax exemption eligibility of the property at 1423 Fairmount (Fairmount/Southside Historic District). It was the consensus of the City Council that the recommendation be adopted., &C G-9581 re There was presented Mayor and Council Communication No. G-9581 from the City -90-86, 1417 Fairmounl Manager stating that the City Council on October 9, 1990, approved Historical/Cultural Subdistrict Zoning ,(Case.Z-90-86) for property. located at 1417 Fairmount; that this entitled the owners, Steve Lipsett,and Chris Wilson,:to make an application for partial tax exemption eligibility; that eligibility is based on the fact that the applicant has spent 30 percent of the assessed valuation of the structure on rehabilitation costs and has furnished the Historic and Cultural Landmark Commission with proof of title to the property and proof of Historic and Cultural designation; that the owner completed the property in June 1990; that, upon approval of.verification by the City Council, City staff will notify the Tarrant Appraisal District and the City Assessor in writing of compliance; that the renovated property will then maintain an assessed value for ad - valorem tax purposes equal to the assessed valuation prior to renovation for a ten-year period; and recommending that the City Council approve the application for partial tax exemption eligibility of the property at 1417 Fairmount (Fairmount/Southside Historical District). It was the consensus of the City Council that the recommendation be adopted. &C G-9582 re There was presented Mayor and .Council Communication No. G-9582 from the City -90-86, 1320 South Manager stating that the. -City Council on October 9, 1990, approved Historical/Cultural dams Subdistrict Zoning (Case Z-90-86) for property at 1320 South Adams; that this entitled the owner, James Paul Davis,' to make an application for partial tax exemption eligibility; that eligibility is based on .the fact that the applicant has spent 30 percent of the assessed valuation of the structure on rehabilitation costs and has furnished the Historic and Cultural Landmark Commission with proof of title to the property and proof of Historic and Cultural designation; that the owner completed the property in May 1991; that, upon approval of verification by the City Council, City staff will notify the Tarrant Appraisal District and the City Assessor in writing of compliance; that the renovated property will then maintain an assessed value for ad - valorem tax purposes equal to the assessed valuation prior to renovation for a ten-year period; and recommending that the City Council approve the application for partial tax exemption eligibility of the property at 1320 South Adams (Fairmount/Southside Historic District). It was the consensus of the City Council that the recommendation be adopted. &C G-9583 re There was presented Mayor and Council Communication No. G-9583 from the City awsuit filed by Manager stating that Ms. Pat Brandt filed a lawsuit against the City of Fort Worth to at Brandt and Kirk recover for injuries to her minor son, allegedly received as the result of an accident llen Brandt, a minor Minutes of City Council T-3 Page 508 M Tuesday, March 31, 1992 G-9583 cont. on June 10, 1990, involving a leaking water -fountain at Trinity Park; that, while admitting no liability,. but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit with the City for $20,000.00 plus costs; that the Director of Fiscal Services certifies that funds for this settlement are available in -the -current -operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council: 1. approve the settlement of the lawsuit filed by Pat Brandt, individually and as next friend of Kirk Allen Brandt, a minor, and 2. authorize the total expenditure of $22,000 to be payable as follows: (1)- $12,000 to the Registry of the Court to be held in Trust for Kirk Allen Brandt, a minor; (2) $8,000 to Pat Brandt, individually; plus taxable court costs and attorney ad- litem fees, estimated to be no more than $2,000. UC G-9583 adopted It was the consensus of the City Council that the recommendations be adopted. UC G-9584 re There was Denied bond fund presented Mayor and Council Communication No. G-9584 from the City transfer for Street Manager stating that City Council Member Carlos Puente has requested that street lights Light Project on be installed on Marine Creek Parkway between Long Avenue and Loop 820; that, at the Marine Creek Parkway present time, there is no lighting along this section of roadway, which is a minor arterial street; that the Director of Fiscal Services certifies that the funds required for this project are available in the current capital budget, as appropriated, of the Street Light and Signal Improvements Fund; and recommending that the City Council approve a $125,000.00 bond.transfer from the Street Light Unspecified Project to the Marine Creek Parkway Street Light Project in -the-Street Light and Signal Improvements Bond Fund, and authorize the installation of street lights on Marine Creek Parkway by City personnel. ity Manager Ivory re City Manager Ivory advised the City Council that the funds for the street lights &C G-9584 on Marine Creek Parkway will be taken from the unspecified bond account for street lights; advised Council that there is about $800,000.00 in the fund; and stated that Council Member Puente has gone through the proper procedures in order to have the street lights placed on Marine Creek Parkway. r. Walt Cooper re Mr. Walt Cooper of the Transportation and Public Works Department appeared before &C G-9584 the City Council and advised Council that the estimated cost for operation and maintenance of the lights will be approximately $12,000.00 per year and advised Council that the accident ratio for this area is not a significant one and that there has been approximately four incidences where dead bodies were found in an unlighted park located in the area; and of illegal dumping of trash. ouncil Member Matson Council Member Matson requested that City -staff -provide the City Council with a e M&C G-9584 policy defining undesignated bond fund and how the fund is to be used. Council Member McCray made a motion, seconded :by -Council Member Meadows, that Mayor and Council Communication No. G-9584 be denied..-,- When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore., Webber; Council Members Silcox, Matson, McCray, Woods, Meadows, and.Chappell NOES: Council Member Puente: ABSENT: Mayor Granger &C G-9585 re There was presented Mayor and Council Communication No. G-9585 from the City ax abatement agree- Manager stating that the City of Fort Worth established a tax abatement policy ents statement for downtown residential projects in 1989; that, according to state law, the guidelines and criteria are effective for only two years, therefore, the policy must be re-established; and recommending that'the City Council adopt a resolution which adopts guidelines and criteria governing tax abatement agreements for downtown residential projects. It was the consensus of the City Council that the recommendation be adopted. ntroduced a resolutio -Council. Member Puente—introduced ,a resolution and made a motion that it be adopted. 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 Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The resolution, as adopted, is as follows: solution No. 1814 { RESOLUTION NO. 1814 WHEREAS, the enhancement of the tax base.will the City of Fort -Worth, Texas; and Minutes of City Council T-3 Page 509 .benefit the citizens of 510 11 Tuesday, March 31, 1992 Resolution No. 1814 WHEREAS, the eligible voters of the, State of Texas approved Art. 8 cont. Section 1-g as an amendment•to the Texas Constitution at an election held on the 3rd day of November; 1981, which constitutional amendment authorized the Texas Legislature to enact; -laws -dealing with tax abatement and further authorized the Cities of the State of Texas to participate -'in such programs as a direct means of -assisting in the retention and expansion of primary employment and to help allow major investment to the City which would be a benefit to the property in- the City as well as the taxpayers and citizens and that would contribute to the economic development of the City of Fort Worth; and WHEREAS, the enhancement of the local economy is in the best interests of the citizens of Fort Worth; and'' WHEREAS, the provision of certain economic development incentives may encourage the development of housing in the Central Business District; and WHEREAS, V.T.C.A. Tax Code Chapter 312 Property Redevelopment and Tax Abatement Act allows cities to establish' local guidelines and criteria for tax abatement agreements which are a prerequisite for designation of reinvestment zones; and I WHEREAS, the establishment of specific criteria, guidelines and procedures are necessary to effectively and fairly administer the provision of economic development incentives; and WHEREAS, State Law requires the adoption of criteria and guidelines governing the establishment of tax abatement agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. THAT the City of Fort Worth hereby establishes a Policy Statement on Tax Abatement to Qualified Residential Projects in the Fort Worth Improvement District #1, attached hereto as Exhibit "A" which Exhibit "A" is incorporated herein as, if copied- in its entirety and is approved, and which document contains and establishes guidelines,, criteria and procedures governing tax abatement agreements for downtown housing. SECTION II. THAT the criteria and guidelines established within the Policy Statement on Tax Abatement* to Qualified Residential Projects in= the Fort Worth Improvement District #1 shall expressly govern all subsequent tax abatement agreements, as required by State law.. - SECTION III. THAT this resolution shall` take effect from and after its final date of passage, and -it is accordingly so ordered. (The Policy Statement Tax Abatement for Qualifying Downtown Residential Projects City of Fort Worth, Exhibit "A", is incorporated herein by reference thereto and is included in the Council Preceding File of the meeting of March 31, 1992.) - M&C G-9586 re funds 9586 State There was presented- Mayor and Council Communication No. G-9586 from the City Legislation Impact Manager stating that the City, of Fort Worth Public Health Department earned State Assistance Grant Legislation Impact Assistance Grant funds during FY 1991 by providing health services Program to eligible aliens seeking legal status, under the federal "amnesty" act; that these funds are received by the Health Department in the form of a grant; that the amount of the grant is $108,661.00 for fiscal- year-. 1991; that, upon receipt of the funds, internal budgets will be prepared, allocating the money among the divisions of the Health Department which provide and support these client services; and recommending that the City Council: 1. Authorize the City Manager to submit a State of Texas Purchase Voucher for $108,661 to the Grants Management Division, Texas Department of Health, and 2. Authorize the Fiscal Services Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth financial accounting system, and 3. Apply an indirect --cost rate of -18.84% (current proposed rate) in accordance with the City's Administrative Regulation 3-15, and 4. Accept any additional funding which may become available from the Texas Department of Health for this program. M&C G-9586 adopted It was the consensus of the City Council that the recommendations be adopted. M&C G-9587 re There was presented Mayor and Council Communication No. G-9587 from the City grant from the 1992 Manager stating that the Fort Worth Nature Center and Refuge is requesting approval to Museum Assessment apply for and accept a grant (if awarded) from the 1992 Museum Assessment Program of Program of Institute the Institute of Museum Services;,that the grant will allow funds for one or more of Museum Services independent professionals to survey the Nature Center, including the interviewing of staff, officials, and volunteers; that MAP funds will cover registration fee, surveyor honorarium, technical assistance materials, and travel and lodging for visiting Minutes of City Council T-3 Page 510 511 Tuesday, March 31, 1992 M&C G-9587 cont. surveyor; that, should the surveyor's expenses exceed the allotted amount, the Friends of the Fort Worth Nature Center support group has agreed to accept responsibility for the difference; that IMS does not require grant matching funds or grantees to submit financial reports; however, each institution must maintain accounting records that identify the source and use of funds; and recommending that the City Manager be authorized to apply for and accept a grant, if awarded, for accreditation of the City of Fort.Worth Nature Center and Refuge by the American Association of Museums. It was the consensus of the City Council that the recommendation be adopted. M&C G-9588 re outside legal There was presented Mayor and Council Communication No. G-9588 from the City Stanley Simon of the Manager stating that the City of Fort -:Worth is currently considering proposed law firm of Winn, amendments to the Retirement Ordinance; that,',because this matter involves various Beaudry & Winn complex federal tax and legal issues, it is the opinion of the City Attorney that outside legal counsel should be retained to consult with and assist the City Attorney concerning these issues; that Mr. Stanley Simon of the law firm of Winn, Beaudry & Winn is well recognized for his knowledge and experience:in the field of employee benefits law and has agreed to consult with and advise the City in this matter for an hourly rate of $180.00; that the Director of Fiscal Services certifies that funds for this expenditure are available in the current operating budget, as appropriated, of the General Fund;+ and recommending that the City Council retain Stanley Simon of the law firm of Winn, Beaudry & Winn, pursuant to Section - 3, Chapter VI of the City Charter, as outside legal counsel to consult with and assist: the City Attorney in reviewing proposed revisions to the Retirement Ordinance,: and adopt a resolution fixing in advance, as far as practical, the compensation to be paid Mr. Simon for his services in an amount not to exceed $5,000.00. Council Member Matson Council Member Matson informed the City Council that the Retirement Board re M&C G-9588 Committee has reached an agreement on approximately 98 percent of the items in regard to revisions to the retirement ordinance and that a report will be brought to City Council soon from the Committee with its recommendations. Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. G-9588, be adopted. When the motion was put to -a vote by the Mayor Pro tempore, it prevailed unanimously. Resolution No. 1815 RESOLUTION NO. 1815 WHEREAS, the City of Fort Worth is currently considering proposed amendments to the Retirement Ordinance; and WHEREAS, this matter involves various complex federal tax and legal issues; and i. WHEREAS, because these matters -are of extraordinary importance, it is necessary to retain outside legal counsel. to consult with and assist the City Attorney in these matters; and WHEREAS, Stanley Simon of the law firm of Winn, Beaudry and Winn possesses knowledge and experience in employee benefits law and has agreed to consult with and assist the City in these matters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That Stanley Simon of the law firm of Winn, Beaudry and Winn be retained as outside legal counsel pursuant to Section 3, Chapter VI of the City Charter, to consult with and assist -the City Attorney concerning the proposed amendments to the Retirement Ordinance. II. That, as far as practicable, the compensation to be paid Stanley Simon for his services is hereby fixed in an amount not to exceed $5,000, Mr. Simon's hourly rate being $180.00. M&C G-9589 re There was presented Mayor and Council Communication No. G-9589 from the City extension of injury- Manager, as follows: leave -of -absence by Firefighter H.J. Cole SUBJECT: REQUEST FOR EXTENSION OF INJURY -LEAVE OF ABSENCE BY H. J. COLE RECOMMENDATION: It is recommended that Firefighter H., J. Cole's request for an extension of injury -leave -of -absence pay benefits be denied by the .City Council. DISCUSSION: Mr.. Cole allegedly sustained an occupational back injury on March 9, 1991. He returned to work but started taking injury leave on March 20, 1991 and has been off work since that time. He is receiving medical treatment. The total time he has been off work due to the alleged injury will reach one full year on March 20, 1992. Mr. Cole is requesting a leave extension beyond the one year. - When Mr. Cole will be -able-to return to work is undetermined at this time. Minutes of City Council T-3 Page 511 512 Tuesday, March 31, 1992 Chapter 143, Texas Local Government Code which pertains to Firefighters' and Police Officers' Civil Service,- states that'a- Police Officer will be entitled to receive an injury leave of'absence with full pay as outlined in the statute for a period of up to one year when the injuries result from an on-the-job accident.-- Thereafter, the statute"provides * for the use of accrued benefits (sick leave, vacation time, etc.) to insure continuation of full salary during an extended period of disability. As of March 20, 1992, Mr. Cole has received one full year of injury leave pay, a portion of which has been comprised of Workers' Compensation benefits. Mr. Cole will continue to receive weekly Workers' Compensation benefit checks ($428 per week) until such time as his eligibility changes, e.g., the claim is resolved, he is released to return to work,'etc. As of the pay period beginning March 21, 1992; he may choose to use his accumulated benefits (vacation,- sick leave,' etc-.) 'in combination' with Workers' Compensation weekly benefits and future- accruals combined with Workers' Compensation benefits will -ensure -the equivalent of a full salary for approximately five (5) months. Chapter 143 also allows an injured Police Officer the option to request from the City Council an extension of injury -leave -of -absence with full pay upon expiration, of the one- year period.--. Mr. Cole requested such an extension in correspondence dated March 5,'1992:' In prior requests in recent years involving firefighters and police officers in similar situations, the City Council denied their requests. FISCAL INFORMATION/CERTIFICATION: . The Director of Fiscal Services certifies that no funding' is required for the denial of this request. M&C G-9589 denied Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. G-9589, be denied. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-9590 re There was presented Mayor and Council Communication No. G-9590 from the City extension of injury- Manager, as follows: leave -of -absence by Police Office A.C. SUBJECT: REQUEST FOR EXTENSION OF INJURY LEAVE OF ABSENCE BY A.C. Mathews MATHEWS 11 RECOMMENDATION• It is recommended that Police Officer A. C. Mathews' request for an extension of injury -leave -of -absence -pay benefits be denied by the City Council. DISCUSSION• Ms. Mathews allegedly sustained an occupational neck and shoulder injury on July 28, 1989. She returned to work after approximately 10 days but since that time has been intermittently off work and has received medical treatment. The total time she has been off work due to the alleged injury will reach one full year on March 28, 1992. Ms. Mathews is requesting a six months leave extension. When Ms. Mathews will be able to return to work is undetermined at this time. Chapter 143, Texas Local Government Code, which pertains to Firefighters' and Police Officers' Civil -Service, states that a Police Officer will be entitled to receive an injury leave of absence with full pay as outlined in the statute for a period of up to one year when the injuries result from an on-the-job accident. Thereafter, the statute provides for the use of accrued benefits (sick leave, vacation time, etc.) in combination with Workers' Compensation benefits (where applicable) to ensure continuation of full salary during an extended period of disability. As of March 28, 1992, Ms. Mathews has received one full year of injury leave pay, a portion of which has been comprised of Workers' Compensation benefits. Ms. Mathews will continue to receive weekly Workers' Compensation benefit checks ($238 per week) until such time as her eligibility changes, e.g., the claim is resolved, through release to return to work, etc. As of the pay period beginning April 4, 1992, she may choose to use her accumulated benefits (vacation, sick leave, etc.) in- combination with Workers' Compensation weekly benefits to ensure continuity of her full salary. The accumulated benefits and future accruals combined with Workers' Compensation benefits will ensure the equivalent 'of a full salary for approximately five (5) months. Chapter 143 also allows an injured Police Officer the option to request from the City Council an extension of the injury leave of absence with full pay upon the expiration of the one-year period. Ms. Mathews requested such an extension in correspondence dated March 7, 1992. In prior requests in recent years involving firefighters and police officers in similar situations, the City Council denied their requests. Minutes of City Council T-3 Page 512 513 Tuesday, March 31, 1992 Council Member Meadows made a motion, seconded by -Council Member McCray, that Mayor and Council Communication No. G-9590 be denied. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-9591 re There was y improvements to Oak- presented Mayor and Council Communication No. G-9591 from the City land Boulevard from Manager stating that the City Council authorized.the establishment of a project and Interstate 30 to East retained an engineering firm on February 28, 1989, by Mayor and Council Communication First Street No. C-11478 to propose plans for the improvement of Oakland Boulevard from I-30 to connect with East First Street/Randol Mill Road; that this street has never been constructed to City standards; that it is not located in a target area; that Community Development Block Grant funds will not be utilized on this project; that the project is in District 4; that the total assessment of .the assessment is $684,474.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Oakland Boulevard from Interstate 30 to East First Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Oakland Boulevard 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 May 5, 1992, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with, the provisions of Article 1105b of Vernon's Annotated Civil.Statutes: G-9591 adopted On motion -of Council Member Matson, seconded by Council Member Woods, the recommendations were adopted. &C P-5540 re There was f s urchase agreement presented Mayor and Council Communication No. P-5540 from the City ith Alexander Battery Manager stating that the City Council :on March- 5, 1991, -:approved Mayor and Council outh Communication No. P-4775 for a purchase agreement with Alexander Battery -South to furnish alkaline batteries for the City of Fort Worth; that the vendor has agreed to hold prices firm for an additional year; that the estimated, expenditure for this agreement is approximately $7,000.00; that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in this agreement are available in the current budget of the appropriate funds; and recommending that the City Council exercise its option to renew the purchase agreement with Alexander Battery -South to provide alkaline batteries for the City of Fort Worth on its low bid of unit prices, with, -term of agreement to begin March 6, 1992, and end March 5, 1993. It was the consensus of.the City Council that the recommendations be adopted. &C P-5541 re urchase agreement There was i . presented Mayor and Council Communication. No. P-5541 from the City ith Eastside Landfill Manager stating that the City Council authorized a -one-year purchase agreement with one ivision and Westside annual renewal option with ,various vendors to provide landfill service; that the total andfil Division of expenditure on this service for the FY 91-92 budget was $5,000.00; that service aste Management rendered has been satisfactory, therefore, staff has requested that the first option to renew be exercised; that Eastside Landfill Division of Waste Management and Westside Landfill Division of Waste Management both 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 anticipated expenditure are available in the current budget, as appropriated, of the specific funds; and recommending that the City Council exercise its last option for renewal ,of the purchase agreement to provide landfill service by Eastside Landfill Division of Waste Management and Westside Landfill Division of Waste Management at $2.75 per cubic yard and $0:10 per cubic yeard for. -Texas Department of Health Fee. It was the consensus of the City Council that the recommendation be:adopted. &C P-5542 re urchase agreement There, was presented Mayor and Council Communication No: P-5542 from the City ith Kimbrough Fire Manager submitting a tabulation of bids received for. a purchase agreement for fire xtinguisher Service extinguisher -service for- all City departments; stating that the Director of Fiscal Services certifies that funds required. for -the., anticipated; expenditures of each department eligible to participate in this agreement are available in the current budget of the appropriate funds; and recommending•rthat-the.City Council authorize a purchase agreement for fire extinguisher service with Kimbrough Fire Extinguisher Service on overall low bid, with, term of agreement to•fbegin March 18, 1992, and end March 17, 1993, with options to renew for two additional years., It was the consensus of the City Council that the recommendations be adopted: &C P-5543 re There was presented Mayor and Council Communication No. P-5543 from the City urchase from Under- Manager submitting a tabulation of.bids received for the purchase of a trailer mounted round, Inc. high pressure cleaner for the City Services Department;,stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the capital budget -of the Special Trust Fund;,.and .recommending that the City Council authorize the. purchase from Underground,.!Inc.,•on its low bid-. meeting specifications for an amount not to exceed $37,484.00 net, f:o.b. Fort Worth.;iIt was the consensus of the City Council that the recommendation be adopted. &C P-5544 re ,,, Council urchase with There was presented Mayor andncil Communication.,No. P-5544 from the City reco Flexible Manager stating that the City Council on May 5; 199li- by Mayor and Council Communication. -No -P-4941, authorized a. one-year. purchase agreement with two annual renewal options with Sreco Flexible, to provide.,.Sreco manufacturer's genuine replacement parts; that the estimated expenditures for this service are $5,500.00; that the service being rendered is satisfactory and staff requests that the first option to Minutes of City Council T-3 Page 513 514 Tuesday, March 31, 1992 Minutes of City Council T-3 Page 514 renew be exercised; that Sreco Flexible has 7agreed to maintain unit prices as &C P-5544 cont. 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 agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its option to renew the purchase agreement with Sreco Flexible to provide 'manufacturer's'genuine replacement parts for the City Services Department at manufacturer's suggested list price less zero percent discount, with term of agreement to begin June 24, 1992, and end June 23, 1993, with the option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. &C P-5545 re There was presented Mayor and Council Communication No. P-5545 from the City urchase from Goldth- Manager submitting a tabulation of bids received for the purchase of one scissor lift iaites of Texas utility vehicle for the City Services Department; stating that the Director of Fiscal Services certifies that funds -for- this expenditure are available, in the current operating budget, as appropriated,` of the General Fund; and recommending that the City Council authorize the purchase from Goldthwaites of Texas on its low bid of $10,499.95, and authorize the City Manager to arrange for third party financing. It was the consensus of the City Council that the recommendations be adopted. &C P-5546 re ,urchase with Stovall There was presented Mayor and Council Communication No. P-5546 from the City ,lectric Manager stating that the City. Council authorized the purchase of a new automated fuel dispensing system on January 7, 1992, by Mayor and Council Communication No. P-5412; that the installation and implementation will take several months, therefore, it is requested that the City Council authorize the extension of the maintenance agreement with Stovall Electric until September 15, 1992, or until the new system is installed and operational, whichever occurs first; that the City Services Department anticipates spending approximately $50,500.00 on the extended agreement; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Equipment Services Operating Fund; and recommending that the City Council extend the purchase agreement with Stovall Electric for remote site fuel system maintenance to September 15, 1992, or until the new fuel system is operational, whichever occurs first. It was the consensus of the City Council that the recommendation be adopted. I&C P-5547 re ,urchase from Parr There was presented Mayor and Council Communication No.' P-5547 from the City olf Car Company, Inc. Manager submitting a tabulation of bids received for the purchase of two electric four wheel personnel tourall carriers for the City 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 General Fund; and recommending that the City Council authorize the purchase from Parr Golf Car Company, Inc., on its low bid of $7,030.00' net, f.o.b.' Fort Worth, and authorize the City Manager to arrange for third party financing. It was the consensus of the City Council that the recommendations be adopted. &C P-5548 re urchase from Fidelity There was presented Mayor and Council Communication No. P-5548 from the City ecurity Life Insuran- Manager submitting a quotation received for the purchase of accident insurance for the e Company Employment and Training Department; stating that the Director of Fiscal Services certifies that funds required for this' purchase are available in the current capital budget, as appropriated, of the Grants Fund;:'and recommending that the City Council authorize the purchase of accident insurance from Fidelity Security Life Insurance Company through the Rey Piskuran Insurance Agency for the Employment and Training Department, and that the policy begin April 1, 1992, and end April 1, 1993, with $25,000.00 accidental death and dismemberment/accident medical insurance, and $250.00 deductible per accident/person. It was the consensus of the City Council that the recommendations be adopted. &C P-5549 re urchase agreement with There was presented Mayor and Council Communication No. P-5549 from the City exmaster Express Manager submitting a tabulation of bids received for a purchase agreement to provide courier service for the Health Department; 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 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 purchase agreement be authorized with Texmaster Express on its low bid of $572.00 per month, for a total amount not to exceed $6,864.00, with term of agreement to begin April 7, 1992, and end April 6, 1993, with the option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. &C P-5550 re urchase from G.T. There was presented Mayor and Council Communication No. P-5550 from the City istributors Manager submitting a tabulation of bids received for the purchase of Smith & Wesson revolvers for the Police Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase be made from G.T. Distributors on its low 'bid of $40,122.00. It was the consensus of the City Council that the recommendation be adopted. &C P-5551 re urchase with Bowles There was presented Mayor and Council Communication No. P-5551 from the City nd Eden Equipment Manager submitting a tabulation of bids received for a purchase agreement to provide ompany inlet lids and rings for the Transportation/Public Works Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase agreement be authorized with Bowles and Eden Equipment Company on its low overall bid of unit prices , with term of agreement to begin March 31, 1992, and end March 30, 1993. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council T-3 Page 514 515 Tuesday, March 31, 1992 &C P-5552 re There was e with Air presented Mayor and Council Communication No. P-5552 from the City uhchaswith onditiManager submitting a tabulation of bids received for the purchase of air conditioning equipment 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, as appropriated, of the General Fund; and recommending that the City Council authorize the purchase of air conditioning equipment from Air Conditioning Supply for an amount of $6,304.00, Central Heating and Air Conditioning for an amount of $1,801.12, and Carrier Bock Company for $901.00 for a total amount not to exceed $9,006.12, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-5553 re There was urchase of Three Ton presented Mayor and Council Communication No. P-5553 from the City urchase System Manager submitting a tabulation of bids received for the purchase of the installation of a Three Ton Monorail System at the Alta Mesa Pump Station 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 Cowboy Construction Company on its low bid of $6,450.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5554 re There was presented Mayor and Council Communication No. P-5554 from the City purchase from South- Manager submitting a tabulation of bids received for the purchase of three-inch western Underground hydraulic valve operator twisters 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 Southwestern Underground on its low bid, meeting City specifications, of $10,785.00, less two percent, 30 days discount for an adjusted bid of $10,569.30 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5555 re purchase agreement There was presented Mayor and Council Communication No. P-5555 from the City 'authorized Waste Management Manager stating that the City Council Mayor and Council Communication of Fort Worth No. P-4753 on February 19, 1991, which approved first purchase agreement period; that Section 3 of Mayor and Council Communication No. P-4753 allowed for escalation of price due to increases in operating costs; that, to avoid an increase in costs, Village Creek will maintain the casters of the 16 CY containers; that during the past year caster damage has increased due to heavy weight of the waste involved; that the Director of M&C L-10879 re acquisition of Fiscal Services certifies that the funds required for this expenditure during the 1991- per- manent and temporary 92 fiscal year are available in the Water and Sewer Operating Fund, as appropriated, construction easement 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 for transportation and disposal of waste for Water Department with Waste Management of Fort Worth for an estimated total of $114,000.00, with term of City Manager Ivory re agreement to begin February 19, 1992, and end February 18, 1993. It was the consensus M&C L-10879 of the City Council that the recommendations be adopted. M&C L-10876 re There was presented Mayor and Council Communication No. L-10876 from the City acquisition of per- Manager recommending that the City Council authorize the acquisition of a permanent manent sanitary sewer easement sanitary sewer easement described as a triangular shaped portion of Block B, Mistletoe Heights Addition (2116 Beckham Place), required for reconstruction of Sanitary Sewer Mains 13, 20, 44, from Fort Worth Colon and Rectal Clinic, Inc., by Dr. Manuel G. Lagon, for a consideration of $315.00, and authorize the acceptance and recording of the appropriate deed. It was the consensus of ' the City Council that the recommendations be adopted. M&C L-10877 re There was acquisition of tem- presented Mayor and Council Communication No. L-10877 from the City porary construction Manager recommending that the City Council authorize the acquisition of a temporary easement construction easement described as Lots 33 and 34, Block 20, Fairmount Addition (1928 Hurley Avenue) from Paul A.' and et ux Janiece R.'Solomon, for reconstruction of Sanitary Sewer Mains 12, 20, and 44, for a total consideration of $1.00, and authorize the acceptance of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10878 re acquisition of tem- There was presented Mayor and Council Communication No. L-10878 from the City Manager recommending that the City Council authorize the acquisition of a temporary porary easement easement described as a portion of Lot R-1, Block 31, Diamond Hill Addition (2654 Moore Avenue) from Tracy Sparks and Ed Stevens, required from Irion Street drainage easements for a total consideration of $72.36, and authorize the acceptance and recording of the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. M&C L-10879 re acquisition of There was presented Mayor and Council" Communication No. L-10879 from the City per- manent and temporary Manager recommending that the City Council authorize the acquisition of a permanent and construction easement a temporary construction easement out of Lots 121, and 122, Block 13 Frisco Addition (2101 Murphy Street) from Mrs. Esther Williams, required for reconstruction of Sanitary Sewer Mains 13, 20, and 44 for a consideration of $500.00, 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-10879 Council Communication No. L-10879 stating that, under Discussion, the second line should read "construction easements out of Lots 121 and 122, Block 13, Frisco Addition". M&C L-10879 approved, On motion of Council Member Meadows, seconded by Council Member McCray, Mayor and as amended Council Communication No. -L-10879, as amended, was approved.' M&C L-10880 re There was presented Mayor and Council Communication No. L-10880 from the City acquisition of Manager recommending that the City Council authorize the acquisition of a temporary temporary construction easement Minutes of City Council T-3 Page 515 516 Tuesday, March 31, 1992 __ _ __..... ......... construction easement described as a portion of Lot 2, Block 8, Home Acres Addition (5104 Eastland Street) from Bobby Simmons etux Connie Faye Simmons; find that $1.00 is just compensation for property acquired for reconstruction of Eastland Street; and authorize the acceptance of, the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. M&C L-10881 re There was presented Mayor andCouncilCommunication No. L-10881 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 portion of. Lot -3A, Block 8, Home Acres Addition easement (5108 Eastland Street) from Frank and Angela..Perez;. find that $1.00 is just compensation for property acquired for reconstruction of Eastland Street; and authorize the acceptance of the appropriate easement.. It was the .consensus of the City Council that the recommendations be adopted. M&C L-10882 re acquisition of per- manent and temporary easements M&C L-10883 re sale of surplus properties M&C L-10883 adopted M&C L-10884 re acquisition of tem- porary construction easement There was presented Mayor. and Council. Communication No. L-10882 from the City Manager recommending that the City Council authorize the acquisition of permanent and temporary easements described ,as a portion of.Lot.: 20, Parks Subdivision of Block 4, Field Welch Addition (1008 Travis Avenue) from Frank Ramirez et ux Blanca Ramirez, for a total consideration of $241.00, and authorize the acceptance and recording of the appropriate easements. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council. Communication No. L-10883 from the City Manager, as follows: . SUBJECT: SALE OF SURPLUS PROPERTY RECOMMENDATION: It is recommended that the City Council approve the sale of surplus properties described in the Discussion section, and authorize the City Manager to execute the appropriate deeds. conveying those properties to the highest bidder. DISCUSSION: In accord with the policy regarding the sale of City -owned surplus property, a.bid opening was. held.on March. 5, 1992 for the following properties: Minimum Amount Property Bid Bidder Bid 1. 1036 Benton St., L14D, Milner & Cook, $750 L. Wright $6,002.00 50X197, Zoned B-2.Family, Frame J. Santana $1,770.00 House and Garage J. Hester $1,655.00 C. Love $1,337.00 L. Vaai $ 900.00 A. Weatherred $ 760.01 2. 1242 E. Baltimore, L12,.B49,. Highland Park, 50X120, Zoned B-2 Family, Frame House $650 3. 2233 Miller, L6, B1, Eastover, $550 40X138, Zoned B-2 Family, White Frame 4. 6044 Rickenbacker, L14, B4, Carver Hts., 64X113, Zoned A-1 Family J. Hester $ 855.00 N. Nagib $ 750.00 D. Pietz $ 750.00 R. Smith $ 550.00 $395 L. Vaai $ 395.00 5. 2717 Avenue G, L17, B32, $350 J. Castillo $ 600.00 Poly Hts., 125X50, Zoned B-2 Family 6. 3104 Roosevelt, L22, B21, $350.. M. Garza $ 405.00 Worth Hills, 50X140, Zoned B-2 Family 7. 1421 N. Jones, L16, B56, Googins Sub N. Ft. Worth, 50X96, Zoned B-2 Family 8. 3220 Marquita, L19, B23, Alta Mere, 60X180, Zoned A-1 Family $350 Sociedad $2,000.00 Mutualista de San Jose $450 G. McMurray $1,777.00 A. Weatherred $ 460.01 K. Williams $ 483.00 F. Farias $ 552.50 S. Metcalf $1,510.00 J. Anthony $ 901.00 W. Marcom $1,027.00 A. Stewart $ 800.00 W.• Barlow $ 451.59 It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10883, be adopted. There was presented Mayor and Council Communication No. L-10884 from the City Manager recommending that the City Council authorize the acquisition of a temporary Minutes of City Council T-3 Page 516 517 Tuesday, March 31, 1992 M&C L-10884 cont. construction easement described as being Lots 35 and 36, Block 20, Fairmount Addition (1924 Hurley Avenue) from Shirley Sitz, for a consideration of $500.00, 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 Nos. G-9589 and Council Member Matson made a motion, seconded by Council Member Silcox, that G-9590 be reconsidered Mayor and Council Communication Nos. G-9589 and G-9590 be' reconsidered at this time. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-9589 re There was presented Mayor and Council Communication No. G-9589 from the City extension of injury- Manager, as follows: leave -of -absence SUBJECT: REQUEST FOR EXTENSION OF INJURY LEAVE OF ABSENCE BY H. J. COLE to Firefighter H.J. Cole RECOMMENDATION: It is recommended that Firefighter H. J. Cole's request for an extension of injury -leave -of -absence pay benefits be denied by the City Council. DISCUSSION: Mr. Cole allegedly sustained an occupational back injury on March 9, 1991. He returned to work but started taking injury leave on March 20, 1991 and has been off work since that time. He is receiving medical treatment. The total time he has been off work due to the alleged injury will reach one full year on March 20, 1992. Mr. Cole is requesting a leave extension :beyond the one year. When Mr. Cole will be able -to return to work is undetermined at this time. Chapter 143, Texas Local Government Code which pertains to Firefighters' and Police Officers' Civil Service, states that a Police Officer will be entitled to receive an injury leave of absence with full pay as outlined in the statute for a period of up to one year when the injuries result from an on-the-job accident. Thereafter, the statute- provides for the use of accrued benefits (sick leave, vacation time, etc.) to insure continuation of full salary during an extended period of disability. As of March 20, 1992, Mr. Cole has received one full year of injury leave pay, a portion of which has been comprised of Workers' Compensation benefits. Mr. Cole will continue to7 receive "weekly" Workers' Compensation benefit checks ($428 per week) until such time as his eligibility changes, e.g., the -•'claim is resolved, he is released to return to work, etc. As of the pay period beginning March 21, 1992, he may choose to use his accumulated benefits (vacation, sick ' leave, etc.) in- combination with Workers' Compensation weekly benefits and future accruals combined with Workers' Compensation benefits will ensure the equivalent of a full salary for approximately five (5) months. Chapter -143 also allows an, injured Police Officer the option to request from the City Council'an extension of injury -leave -of -absence with full pay upon expiration of the one year period. :.-Mr.- Cole requested such an extension in correspondence dated March 5, 1992. In prior requests in recent years' involving firefighters and police officers in similar situations, the City Council denied their requests. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that no funding is required for the denial,oU this request. M&C G-9489 adopted On motion' of Council Member Matson, seconded by Council Member Silcox, the recommendation, as contained in Mayor and Council 'Communication No. G-9589, was adopted. There was presented Mayor and Council Communication No. G-9590 from the City M&C G-9590 re Manager, as follows: extension of injury - leave -of -absence SUBJECT:' REQUEST FOR EXTENSION OF INJURY LEAVE OF ABSENCE BY A.C. to Police Officer MATHEWS A.C. Mathews RECOMMENDATION: It is recommended that Police Officer A. C. Mathews' request for an extension of injury -leave -of -absence -pay benefits be denied by the City Council. DISCUSSION: Ms. Mathews allegedly sustained an occupational neck and shoulder injury on July 28, 1989. She returned to work after approximately 10 days but since that -time has been intermittently off work and has received medical treatment. The total time she has been off work due to the alleged injury will reach one full year on March 28, 1992. Ms:,Mathews is requesting a six months leave extension. When Ms. Mathews will be! able to return to work is undetermined at this time. Minutes of City Council T-3 Page 517 MW RM-lue Tuesday, March 31, 1992 M&C G-9590 cont. Chapter 143, Texas Local Government Code, which pertains to Firefighters' and Police Officers' Civil Service, states that a Police Officer will be entitled to receive an injury leave of absence with full pay as outlined in the statute for a period of up to one year when the injuries result from an on-the-job accident. Thereafter, the statute provides for the use of accrued benefits (sick leave, vacation time, etc.) in combination with Workers' Compensation benefits (where applicable) to ensure continuation of full salary during an extended period of disability. As of March 28, 1992, Ms. Mathews has received one full year of injury leave pay, a portion of which has been comprised of Workers' Compensation benefits. M&C G-9590 adopted M&C C-13276 re contract with North Texas Research Institute of Univer- sity of North Texas was denied M&C C-13288 re paving liens against Haltom City properti Ms. Mathews will continue to receive weekly Workers' Compensation benefit checks ($238 per week) until such time as her eligibility changes, e.g., the claim is resolved, through release to return to work, etc. As of the pay period beginning April 4, 1992, she may choose to use her accumulated benefits (vacation, sick leave, etc.) in combination with Workers' Compensation weekly benefits to ensure continuity of her full salary. The accumulated benefits and future accruals combined with Workers' Compensation benefits will ensure the equivalent of a full salary for approximately five (5) months. Chapter 143 also allows an injured Police Officer the option to request from the City Council an extension of the injury leave of absence with full pay upon the expiration of the one-year period. Ms. Mathews requested such an extension in correspondence dated March 7, 1992. In prior requests in recent years involving firefighters and police officers in similar situations, the City Council denied their requests. On motion of Council Member Matson, seconded by Council Member Silcox, the recommendation, as contained in Mayor and Council Communication No. G-9590, was adopted. There was presented Mayor and Council 1992, from the City Manager, as follows: SUBJECT: CONTRACT FOR CITIZEN SURVEY RECOMMENDATION: Communication No. C-13276, dated March 17, It is recommended that the City Council authorize the City Manager to execute a contract with the North Texas Research Institute of the University of North Texas, for a telephone survey of Fort Worth citizens and focus group discussions to determine satisfaction with City services, for an amount not to exceed $29,400. DISCUSSION: At the December 1991 City Council workshop (I.R. 7568) Council agreed to pursue a multi -faceted assessment of citizens' satisfaction with City services. Five elements were identified in the strategy to accomplish an assessment such as this: 1. A telephone survey 2. Focus groups 3. District meetings 4. Town hall meetings 5. Newspaper balloting It was explained to the Council that all aspects of this strategy could be managed by City staff and citizen volunteers except the telephone survey and the focus group discussions which require special expertise to obtain valid information. Council agreed that a request for proposal (RFP) be developed and distributed to local universities and other for-profit companies that possess the capability to perform this task. It has been determined that the proposal which meets all the criteria outlined in the RFP was submitted by the University of North Texas. Based on the University's proposal, staff believes this entity has the expertise to perform a comprehensive telephone survey that will provide an objective analysis of the findings to complement the other components of this assessment. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget as a result of savings in General Fund departments. Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-13276 be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. C-13288 from the City Manager stating that the City Council closed the benefit hearing and levied the assessments for the paving of Western Center Boulevard from North Beach to the Watauga City Limits on May 8, 1990, by Mayor and Council Communication No. BH -0014; that the project has been completed and was accepted by the City Council on December 19, 1991, by Mayor and Council Communication No. FP -1896; that Haltom City funded one-half of the Minutes of City Council T-3 Page 518 519 Tuesday, March 31, 1992 M&C C-13288 cont. project cost inasmuch as Western Center is a border' street; that an interlocal agreement with Haltom City covering the construction of the project provides that the assessments against property in Haltom City are to be 'assigned to Haltom City for collection; that the liens against these properties, however, are still in the name of the City of Fort Worth; and recommending that the City -Council authorize the City Manager to execute the assignment to the City of Haltom City of paving liens against Haltom City properties abutting Western Center Boulevard from North Beach to the Watauga City Limits. It was the consensus of the City Council that the recommendation be adopted. M&C C-13289 re There was presented Mayor and Council Communication No. C-13289 from the City amendment with Ann Manager stating that the City Council approved a contract with Ann K. Hunt and Hunt and Associates Associates on November 19, 1991, by Mayor and Council Communication No. C-13140 for electrical inspection services in connection with' airport construction at Meacham Airport; that the City has been advised by the Federal Aviation Administration of its intention to offer a grant for the construction of ramp lights, motorized gates, and PAPI Installation at Alliance Airport; that the City Council awarded the construction contract for the Alliance Airport work, subject to a grant offer by the FAA; that staff intends to use City of Fort Worth personnel to perform inspections; that the inspection of the airfield lighting elements of the project is a highly specialized field for which we currently have no qualified personnel; that staff proposes to amend the existing contract with Ann Hunt and Associates, to supplement the City's staff inspectors; that the total cost for 115 hours of inspection is estimated at $6,000.00; that the Director of Fiscal Services certifies that upon acceptance of the FAA grant, funds required for this contract will be available in the 'current capital budget, as appropriated, of the Grants Fund; and recommending that the City Manager be authorized to amend City Secretary Contract No. 18846 with Ann Hunt" and Associates, 4528 Cole Avenue, Dallas, Texas 75205, in the amount of $6,000.00 raising the total contract amount to $10,750.00 to provide electrical and'� engineering services at Alliance Airport. It was the consensus 'of the City Council that the recommendation be adopted. M&C C-13290 re There was presented Mayor and Council Communication No. C-13290 from the City grant with Texas Manager, as follows: Department of Housing and Community Affairs SUBJECT: GRANT CONTRACT WITH TEXAS DEPARTMENT OF HOUSING AND COMMUNITY for Homeless Programs AFFAIRS FOR HOMELESS PROGRAMS FUNDS - FISCAL YEAR 1992, Funds EMERGENCY COMMUNITY SERVICES PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Submit the 1992 Emergency Community Services for'the Homeless Program Performance Statement to the Texas Department of Housing and Community Affairs, and 2. Execute a grant contract with the Texas Department of Housing and Community Affairs for Fiscal Year- 1992 funding in the amount of $33,564 for the period of April 1, 1992 to March 31, 1993, and 3. Accept any additional funds from the' Texas Department of Housing and Community Affairs'as they may become available; and - 4. 4. Authorize the Accounting Division of the Finance Department, subject to funding approval and the City Manager's acceptance of the grant, to establish the grant project' account'in the- City of Fort Worth's financial accounting system upon receipt of an executed contract. DISCUSSION: The Emergency Community Service for the Homeless Program is authorized through the Stewart B. McKinney Homeless Assistance Act . For Fiscal Year 1992, the City of Fort Worth will receive an allocation of $33,564. The funds will be administered by"the Department of Housing and Human Services and used as follows: 1. Homeless Prevention: $8,391 Funds will be used for mortgage, rental and utility payments for families facing foreclosure; eviction or termination -of utilities, and 2. Direct Services for Homeless Clients $25,173 A) Gas Vouchers, Bus Tokens and Bus Passes B) First Month's Rent and Security Deposit C) Food Vouchers Clients will be referred from area shelters and service providers to Neighborhood Resource Development Program- (NRDP)-"staff at the City's multi-purpose centers. Staff at the centers will screen the clients to certify their eligibility. Based on a client's needs, one or more of the above services may be provided. This project is located in COUNCIL DISTRICTS 2, 3, 4, 5, 6, 7, 8, and 9. Indirect costs do not apply to this grant because no personal costs are involved. Minutes of City Council T-3 Page 519 520 Tuesday, March 31, 1992 FISCAL INFORMATION/CERTIFICATION: M&C C-13290 cont.11 No matching funds are required to receive this allocation. M&C C-13290 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13290, be adopted. M&C C-3291 re contracts with Tarrant There was presented Mayor and Council Communication No. C-13291 from the City County CommistionerS' Manager stating that the City Council has approved contracts authorizing City Court participation in a cooperative arrangement with the Tarrant County Commissioners' Court for a number of years for delivery of various public health services; that terms for the contractual period October 1, 1991,. through September, 30, 1992, have now been finalized; that the three health service areas are City Health Director to serve as Chief Administrative Officer of the -County Health Department, dental care for county residents, and building maintenance, utilities, and telephone costs; that the Director of Fiscal Services certifies that Cash Management Division of Fiscal Services will be responsible for collection and deposit of, all..fees due the City under these health service contracts; and recommending that the City Manager be authorized to execute the health services contracts with Tarrant County Commissioners' Court in the areas described. It was the consensus of.the:, City Council that the recommendation be adopted. M&C C-13292 re Community Facilities There was presented Mayor and Council Communication No. C-13292 from the City Agreement with Hill- Manager submitting a proposed contract for.the installation of community facilities to wood Construction serve Park Glen Addition, Phase II, Section 4; describing proposed project costs and Company fiscal information/certification; and recommending that the City Manager be authorized to execute a fund transferrin the amount of $30,099.00 from Sewer, Capitol Projects, Fund Unspecified to Sewer, Capitol Projects Fund, Park Glen Addition, Phase II, Section 4; authorize a Community Facilities Agreement with the developer, Hillwood Construction Company, for installation of community facilities for Park Glen Addition, Phase II, Section 4; and authorize reimbursement to Hillwood Construction Company for the City's share of the cost of sewer, street, and storm drain improvements upon satisfactory completion of same. It was the consensus of the City Council that the recommendations be adopted. M&C C-13293 re leasing agreement to There was presented Mayor and Council Communication No. C-13293 from the City Mayfest, Inc. Manager stating that Mayfest has been a popular and successful annual event in Trinity Park since 1973; that Mayfest, Inc., is a Texas non-profit corporation organized for the sole purpose of presenting Mayfest; that Mayfest '92 is planned for April 30 through May 3, 1992; that the lease dates would be April 17 through May 8, 1991; that the provisions of the Mayfest '92 lease would be similar to those of previous years including indemnification for the City of Fort Worth, public liability insurance, site preservation and maintenance, and coordination with City staff; that Mayfest proceeds are used for river beautification projects, community improvement programs, and for Park and Recreation Department programs and improvements; that Mayfest, Inc., will pay the Park and Recreation Department 20 percent of the net operating profits from the Mayfest '92 celebration, to be spent for Park and Recreation Department purposes; that, for the purpose of this contract, "net operating profits" will be defined as the excess of revenues over operating expenses, less interest income on funds held in reserve to pay future festival expenses in the event that festival expenses exceed revenues in any one year; that it is expected that Mayfest, Inc., will pay the City approximately $50,000.00 from the 1992 festival; that the Director of Fiscal Services certifies that the Administrative Division of the Park and Recreation Department will be responsible for collection and deposit of all fees due the City under this lease agreement; and recommending that the City Manager be authorized to execute an agreement leasing a portion of Trinity Park to Mayfest, Inc., from April 17 through May 8, 1992, for the purpose of the annual Mayfest festival for a fee equal to 20 percent of the net operating profits of the Mayfest '92 festival. It was the consensus of the City Council that the recommendation be adopted. C C-13294 re There was presented Mayor and Council Communication No. C-13294 from the City ntract with Manager submitting a tabulation of bids received for reconstruction of South Main chitectural Utili- Street from Biddisan Street to,.Bewick Street; stating that the Director of Fiscal es, Inc. Services certifies that funds required for this project are available in the current Capital Budget, as appropriated, of the Grants Fund and the Street Improvements Bond Fund; and recommending that the City Council: 1. Approve a $9,413.41 fund transfer from the Streets Assessments Project to the South Main Street Project in the Grants Fund, and 2. Approve a bond fund. transfer .of $59,342.65 from the Inner City Streets, Unspecified Projects to the South Main Street from Biddison Street to Bewick Street Project in the Street Improvements Fund, and 3. Authorize the City Manager to execute a contract with Architectural Utilities, Inc., for reconstruction of South Main Street, from Biddison Street to Bewick Street, in the amount of $62,756.06, and thirty (30) working days. M&C C-13294 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-13295 re There was presented Mayor and Council Communication No. C-13295 from the City approved Change Order Manager, as follows: No. 3 with Electrical and Special Systems, SUBJECT: PROPOSED CHANGE ORDER NO. 3 TO THE ELECTRICAL SYSTEMS Inc. IMPROVEMENTS, PHASE IVB, VCWWTP, ELECTRICAL AND SPECIAL SYSTEMS, INC. Minutes of City Council T-3 Page 520 M&C C-13295 cont. M&C C-13295 adopted M&C C-13296 re contract with McAuliffe, Kelly and Raffaelli 521 Tuesday, March 31, 1992 RECOMMENDATION• It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount` of $62,904 from State Revolving Fund, Unspecified to State Revolving Fund, Electrical Systems Improvements, and 2. Authorize Change Order No. 3 in the amount of $62,904 to City Secretary Contract No. 17918 with Electrical and Special Systems, Inc., for the Electrical Systems Improvements, Phase IVB, revising the total contract cost to $6,316,575 and adding 19 calendar days for a total contract time of 649 calendar days. DISCUSSION: On May 22, 1990 (M&C C-12330), the City Council authorized the award of a contract to Electrical and Special Systems, Inc., for the Electrical Systems Improvements, Phase IVB at the Village Creek Wastewater Treatment Plant. During construction, it was determined necessary. to change or add certain items to the contract. The contractor, Electrical and Special Systems, Inc., will perform this additional work for. $62,904 and nineteen (19) additional calendar days. The proposed changes are listed below. 1. Rephase service switchgear "EDS" with existing service switchgear "DS" 2. Reinforce pivot hinges at "GDS" building 3. Change RTU digital signal Total Change Order $17,244.00 $ 1,015.00 $44,645.00 $62,904.00 The net effect of the proposed change order is as follows: Original Contract Cost Extras To Date Proposed Change Order No. 3 Revised Contract Cost $6,180,000.00 $ 73,671.00 $ 62,904.00 $6,316,575.00 The construction manager, Yandell and Hiller, Inc., and the staff engineers of the Water Department have reviewed the proposed charges and time extension 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 State Revolving Fund. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13295, be adopted. There was presented Mayor and Council Communication No. C-13296 from the City Manager, as follows: SUBJECT: D/FW RAILTRAN SYSTEM: CONTRACT WITH McAULIFFE, KELLY AND RAFFAELLI:FOR.INTERGOVERNMENTAL RELATIONS REPRESENTATION RECOMMENDATION: It is recommended that the City Council: 1. Approve a $280,000 fund transfer from Railtran Operation project to Railtran Final Year 1992 project in the Special Trust Fund, and 2. Adopt the attached resolution in conformity with Chapter VI, Section 5 of the City Charter, and 3. Authorize the City Manager to execute a two-year contract with the law firm of McAuliffe, Kelly and Raffaelli (MKR) to provide legal services in intergovernmental relations for the RAILTRAN System at a fee of $10,000 monthly or $120,000 annually (plus reasonable and necessary expenses not to exceed $40,000 over the term of the contract) DISCUSSION• In February 1989, the city councils of Fort Worth and Dallas authorized their respective city managers to enter into a contract with McAuliffe, Kelly, Raffaelli and Siemens (MKR) to provide legal services in the intergovernmental relation ;field for the RAILTRAN System. This contract was subsequently renewed and extended through January 31, 1992 (see M&C G- 9380, adopted November 12, 1991). The RAILTRAN Policy Committee recommended on February 20, 1992, that the city councils of Fort Worth and Dallas authorize their city managers to enter into• -a new contract with the law firm which has been renamed McAuliffe, Kelly, and Raffaelli. Minutes of City Council T-3 Page 521 522 Tuesday, March 31, 1992 Through the involvement of MKR, RAILTRAN has been able to obtain approval M&C C-13296 cont. for local discretionary use of 100 percent of the revenue generated by the RAILTRAN project instead of the previously allowed 20 percent. Most recently, RAILTRAN obtained authorization in the Intermodal Surface Transportation Efficiency Act of 1991 under the Federal Transit Administration (FTA) in the amount of $5.7 million and under the Federal Highway Administration for $13.4 million through the efforts of MKR. In connection with this contract, the law firm will provide: 1. Representation of RAILTRAN in its relations with FTA and other federal agencies at both the Regional and Washington office levels, and . 2. Representation of RAILTRAN's interests before Congress and assistance to ensure funding through the appropriations process, and 3. Assistance to the RAILTRAN Policy Committee in obtaining the support of the local jurisdictions and will continue work with the Policy Committee to devise matching fund proposals to be presented to jurisdictions other than Dallas/Fort Worth. In return for the above -referenced services, McAuliffe, Kelly and Raffaelli will be paid a retainer fee of $10,000 per- month, plus reasonable and necessary expenses capped at $40,000 over the life of the contract. This contract will run two years, covering services provided between February 1, 1992, and January 31, 1994, and may be canceled by either party upon 30 days written notice. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that sufficient funds are available in the operating budget of the Special Trust Fund. Council Member Chappell Council Member Chappell advised City Council that the Deputy City Attorney has re M&C C-13296 determined that he does not have a conflict of interest by voting on Mayor and Council Communication Nos. C-13296 and C-13297 involving DFW Railtran System. Council Member Matson made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. C-13296, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed Introduced an unanimously. Resolution Council Member Matson introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The resolution, as adopted, is as follows: Resolution No. 1816 RESOLUTION NO. 1816 WHEREAS, the cities of Dallas and Fort Worth, acting collectively as "RAILTRAN" have a need for certain professional services to be provided in connection with intergovernmental relations; and WHEREAS, RAILTRAN has heretofore utilized the services of the law firm of McAuliffe, Kelly, and Raffaelli to provide such professional services; and WHEREAS, the RAILTRAN System Policy Committee has recommended that such representation be,continued by authorizing the City Managers of both cities to execute a two-year contract with this firm; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. That the City Manager is hereby authorized to sign a professional services contract with the law firm of McAuliffe, Kelly, and Raffaelli as special legal counsel in the intergovernmental relations field for the Cities of Dallas and Fort Worth, acting collectively as RAILTRAN, in an amount not to exceed $280,000 following approval as to form by the City Attorney. Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved. &C C-13297 re ontract with law There was presented Mayor and Council Communication No. C-13297 from the City irm of Pepper, Manager, as follows: amilton & Scheetz Minutes of City Council T-3 Page 522 523 Tuesday, March 31, 1992 C-13297 cont. SUBJECT: DFW RAILTRAN SYSTEM: SUPPLEMENT TO PROFESSIONAL SERVICES CONTRACT WITH PEPPER, HAMILTON & SCHEETZ AND WALKER & SATTERTHWAITE, LAW FIRMS, AND WITH MERCER MANAGEMENT CONSULTING, RAIL CONSULTANT RECOMMENDATION• It is recommended that the City Council authorize the City Manager to: 1. Approve a $302,500 fund transfer, $55,935 from Railtran FY91 Center and $246,565 from Railtran Center, to Railtran FY92 Center in the Special Trust Fund, and 2. Execute a supplement to the professional services contract with the law firm of Pepper, Hamilton & Scheetz, in conjunction with the consulting firm of Mercer Management Consulting, as special legal counsel and rail consultant, respectively, for the Cities of Dallas and Fort Worth to assist in the negotiation of RAILTRAN-related contracts in an amount not to exceed $302,500. The authorized amount includes a subcontract with the law firm of Walker & Satterthwaite in an amount not to exceed $27,500, and 3. Adopt the attached resolution in conformity with Chapter VI, Section 5, of the City Charter. DISCUSSION• ' In 1983 and 1984, the Cities of Dallas and Fort Worth, with the assistance of federal and state grants, purchased railroad property known as the Rock Island Line, which connects the two cities, and executed an operating rights agreement with the MKT Railroad (which later assigned its rights to the Union Pacific Railroad). The Cities, acting collectively as RAILTRAN, have collected approximately $1.6 million annually from the Union Pacific Railroad (or its predecessor, MKT) under this operating rights agreement. The law firm of Pepper, Hamilton & Scheetzprovided professional assistance to the Cities in the purchase of the railroad property and in negotiating the operating rights agreement. The Cities, in conjunction with their respective transit agencies, are now ready to authorize passenger service on this property, which has become known as the Railtran Corridor. In order to insure that passenger service has a reasonable opportunity to succeed, agreements must be concluded with the Union Pacific Railroad, and other railroads utilizing the Railtran Corridor for freight service, which will result in removing obstacles to passenger service. The negotiations for these agreements require knowledge of the railroad industry and specialized knowledge of such areas as Interstate Commerce Commission (ICC) rulings, Federal Transit Administration (FTA) requirements, and' Federal Railroad Administration requirements. On October 1, 1991, the Fort Worth City Council adopted M&C C-13079 authorizing the initial professional services contract with Pepper, Hamilton & Scheetz and Temple, Barker and Sloane, Inc. (Mercer Management Consulting's predecessor). These consultants have developed and implemented a negotiating strategy designed to (1) satisfy the concerns of other' users of the Railtran Corridor, especially the two major freight railroads (the Union Pacific and Burlington Northern); (2) maintain as much revenue as possible for the Cities to utilize on the Railtran Corridor; and (3) satisfactorily resolve other impediments in order for passenger service to proceed, while at the same time' preserving other benefits of the Railtran Corridor, such as economic development potential. This negotiating strategy has been approved by the DFW Railtran Policy Committee. In order to continue with and successfully conclude these complex negotiations, it is necessary to approve this supplemental agreement. This supplemental agreement includes a subcontract with the Dallas law firm of Walker & Satterthwaite for additional legal services connected with the negotiations in an amount not to exceed $27,500. The total amount authorized for the supplemental agreement, including the subcontracts, is an amount not to exceed $302,500. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this supplemental contract agreement are available in the capital budget of the Special Trust Fund. M&C C-13297 cont. On motion of Council Member Matson, seconded by Council Member McCray, the recommendations, as contained in Mayor and Council Communication No. C-13297, 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 McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council T-3 Page 523 524 Resolution No. 1817 Tuesday, March 31, 1992 AYES: Mayor Pro tempore Webber; ;Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The resolution, as adopted, is as follows: RESOLUTION NO. 1817 WHEREAS, the Cities of Dallas and Fort Worth, acting collectively as "Railtran", in conjunction with their respective transit agencies, DART and THE;T, :are negotiating with the Union Pacific Railroad,,::concerning• modifications to an operating rights agreement the Union Pacific.has with the Cities for the Railtran Corridor; and WHEREAS, certain modifications or agreements are necessary in order to provide the best opportunity for passenger service on the Railtran corridor; and WHEREAS, agreement with other users of the Railtran corridor may also be necessary; and WHEREAS, specialized knowledge of the railroad industry and applicable laws is needed to protect the Cities' interest; and WHEREAS, in order to conclude these complex negotiations it is necessary to authorize a supplemental agreement to the agreement with outside legal counsel and rail consultant; NOW THEREFORE, ,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That, the City Manager is hereby authorized to sign a supplement to the professional services contract with the law firm of Pepper, Hamilton & Scheetz,in conjunction with the consulting firm of Mercer Management Consulting (formerly Temple, Barker & Sloane, Inc.), as special legal counsel and rail consultant, respectively, for the Cities of Dallas and Fort Worth in the negotiation of Railtran-related contracts for an amount not to exceed $302,500 following approval as to form by the City Attorney. The authorized amount includes a subcontract with the law firm of Walker & Satterthwaite for additional legal services in an amount not to exceed $27,500. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved. M&C C-13298 re There was presented Mayor and Council Communication No. C-13298 from the City contract with Texas Manager recommending that the City Council authorize the City Manager to: Department of Commerce cont. for two weeks 1. Submit a grant application, accept the grant, if offered, and negotiate a contract in the . amount of, $2,557,089 with Texas Department of, Commerce for implementation of the Job Training Partnership Act, Title IIB Summer Youth . Employment and Training Program Plan for 1992 for the contract period beginning October 1, 1991, and ending September 30, 1992, and 2. Authorize the Fiscal Services Department to establish the specified project accounts in the City of Fort Worth's financial accounting system upon receipt of the letter of obligational authority from Texas Department of Commerce, and 3. Apply indirect cost 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), and, 4. Contingent upon approval of the contract with Texas Department of Commerce, execute contracts with service providers as listed below for implementation of the 1992 Title IIB Summer Youth Employment and Training Plan: A. Execute a contract in the amount of $5,486 with Goodwill Industries to provide pre -enrollment assessment for the contract period April 25, 1992, to August 26, 1992. B. Execute a contract in the amount of $71,269 with Fort Worth Independent School District for implementation of the Discovery Program for the contract period beginning March 16, 1992, and ending August 26, 1992. C. Execute a contract in the amount of $20,185 with the Birdville Independent School District to implement the Teams for TAAS (Texas Assessment of Academic Skills) Program for the contract period May 31, 1991, to August 26, 1991. Minutes of City Council T-3 Page 524 525 Tuesday, March 31, 1992 D. Execute a contract in the amount of $76,985 with Fort Worth M&C C-13298 cont. Independent School District to provide Summer Youth Work Experience for the contract period March 16, 1992, to August 26, 1992. E. Execute a contract in the amount of $42,245 with Fort Worth State School to provide Work Experience for Handicapped Youth for the contract period beginning May 1, 1992, to August 26, 1992. F. Execute a contract in the amount of $54,805 with Willow Park Educational Services to implement CONNECT, the Model Year -Round Program for 14 and 15 year old youth, for the contract period May 1, 1992, to August 26, 1992. G. Execute a contract in the amount of $62,950 with Willow Park Educational Services to implement Project Bridge, the Model Year -Round Program for 16 and 21 year old youth, for the contract period May 1, 1992, to August 26, 1992. H. Execute a contract in the amount of $44,900 with Tarrant County Junior College to provide College/Career Preparation for the contract period May 1, 1992, to August 26, 1992. I. Execute a contract in the amount of $80,850 with Texas Christian University to provide the Career Counseling and the World of Work Program for the contract period beginning June 5, 1992, and ending August 26, 1992. J. Execute a contract in the amount'of $24,000 with the University of Arlington to provide the Upward Bound Program for the period beginning June 5, 1992, and ending August 26, 1992. K. Execute a contract in the amount of $31,866 with Fort Worth Independent School District to implement Project Bridge for the contract period beginning May 1, 1992, to August 26, 1992. L. Execute a contract in the amount of $85,307 with Fort Worth Independent School District'to provide' Career Exploration for Handicapped Youth for the contract period beginning May 1, 1992, to August 26, 1992. M. Authorize a buy -in agreement to provide tuition cost on a per participant basis for youth' to participate in basic skills enhancement/homework assistance activities at the Bee and Bell Educational Center. Itis expected "that up to twenty (20) participants will be served at a cost of $10 per hour of participant training. Total amount is not to exceed $20,000. N. Authorize buy -in agreements to' provide tuition cost on a per participant basis for youth to attend Summer School at Fort Worth; Arlington, 'Euless, Haltom City and White Settlement Independent School Districts at 'an average cost of $154 per participant. Total amount is not to exceed $46,200. Council Member Council Member Chappell requested that he and Council Member Puente be permitted Chappell re M&C to abstain from voting on Mayor and Council Communication No. C-13298. Council Members Chappell and Puente M&C C-13299 C-13298 abstain from consensus of the City Council that Mayor and Council Communication cont. for one week No. C-13299, Lease' with Airport voting Council Member Meadows made a motion, seconded by Council Member Silcox, that Council Members Chappell and Puente be permitted to abstain from voting on Mayor and and Council Communication No. C-13300 from the City Council Communication No. C-13298. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Texas Research In- SUBJECT: CONTRACT FOR CITIZEN SURVEY stitute of University Council Member McCray made a motion, seconded by Council Member Silcox, that consideration of Mayor, and Council Communication' No'. C=13298 be continued for two weeks. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, Woods, and Meadows NOES: None Minutes of City Council T-3 Page 525 ABSENT: Mayor Granger NOT VOTING: Council Members Chappell and Puente M&C C-13299 It was the consensus of the City Council that Mayor and Council Communication cont. for one week No. C-13299, Lease' with Airport Properties, Inc.; at"Fort Worth Spinks Airport, be Lease with Airport continued for one week. Properties, Inc. There was presented Mayor and Council Communication No. C-13300 from the City M&C C-13300 re Manager, as follows: contract with North Texas Research In- SUBJECT: CONTRACT FOR CITIZEN SURVEY stitute of University of North Texas Minutes of City Council T-3 Page 525 526 Tuesday, March 31, 1992 RECOMMENDATION: M&C C-13300 cont. It is recommended that the City Council authorize the City Manager to execute a contract with the North Texas Research Institute of the University of North Texas for a telephone survey of Fort Worth citizens to determine citizen priorities for an amount not to exceed $23,800. DISCUSSION• At the December, 1991 City Council workshop (I.R. 7568), Council agreed to pursue a multi -faceted assessment of citizens' priorities to include a telephone survey, focus groups, district meetings, town hall meetings, and newspaper balloting. It was explained to the City Council that all aspects of this strategy could be managed by City staff and citizen volunteers except the telephone survey which requires special expertise to obtain valid information. Council agreed that requests for proposal (RFP) be developed and distributed to local universities that possess the capability to perform this task. It has been determined that the proposal which meets all the criteria outlined in the RFP was submitted by the North Texas Research Institute of the University of North Texas. Based on the University of North Texas' proposal, staff believes this entity has the expertise to perform a comprehensive telephone survey that will provide an objective analysis of the findings to complement the other components of this assessment. 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 due to savings realized in General Fund departments. Council Member Chappell made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-13300, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Matson, McCray, Woods, Meadows, and Chappell NOES: Council Member Silcox ABSENT: Mayor Granger M&C FP -2940 re There was presented Mayor and Council Communication No. FP -2940 from the City final payment to Manager stating that the assessment paving of Northwest 30th Street from Long to Walt Williams Con- Kearney has been completed in accordance with contract plans, specifications, and struction Company requirements; and recommending that the City Council accept as complete the assessment paving of Northwest 30th Street from Long to Kearney; approve the final assessment roll; authorize issuance of certificates as evidence of special assessments levied against abutting property owners of Northwest 30th Street from Long to Kearney; and authorize final payment of $8,885.37 to Walt Williams Construction Company. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2941 re There was presented Mayor and Council Communication No. FP -2941 from the City final payment to Manager stating that the parking lot improvements to Forest Park parking lot have been Austin Paving Company completed in accordance with contract plans, specifications, and requirements; and recommending that the City Council accept as complete the parking lot improvements to Forest Park Parking Lot and authorize final payment of $13,155.26 to Austin Paving Company, with funds available in the retainage account of the Specially Funded Capital Projects Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2942 re There was presented Mayor and Council Communication No. FP -2942 from the City final payment to Manager stating that Concrete Valley Gutters 91-1, at Various Locations, has been Walt Williams Con-- completed in accordance with contract plans, specifications, and requirements; and struction Company recommending that the City Council accept as complete Concrete Valley Gutters 91-1, Various Locations and authorize final payment of $5,357.70 to Walt Williams Construction Company, with funds available in the current capital budget, as appropriated, in the Retainage Account of the Street Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2943 re final payment to There was presented Mayor and Council Communication No. FP -2943 from the City APAC-TEXAS, Inc. Manager stating that the paving, marking, and lighting improvements for Taxiway "H" at Alliance Airport have been completed in accordance with plans, specifications, and requirements; and recommending that the City Council accept as complete the paving, marking, and lighting improvements for Taxiway "H" at Alliance Airport and authorize final payment of $167,535.01 to APAC-TEXAS, Inc., with funds available in the retainage accounts and constructions contracts, of the Grants Fund. It was the consensus of the City Council that the recommendations be adopted. Public Hearing - Name Change of Cliff It appearing to the City Council that the City Council set today as the date for Street from Clinton a public hearing for a street name change from Cliff Street and Angle Avenue to Marine Street to N.E. 28th StCreek Parkway, Mayor Pro tempore Webber asked if there was anyone present desiring to and Angle Avenue from be heard. N.E. 28 th St. to its intersection with Marine Creek Parkway Minutes of City Council T-3 Page 526 527 Tuesday, March 31, 1992 Mr. Tom Lake, representing the Development Department, appeared before the City Mr. Tom Lake re Council and advised Council that the request was submitted by Mr. Carlos Puente in M&C G-9592 order to provide a greater continuity in street naming and that there has been no objections raised by reviewing City Departments- and U.S. Postmaster; and called attention of the City Council to Mayor and Council Communication No. G-9592, as follows: SUBJECT: STREET NAME CHANGE: CLIFF STREET AND ANGLE AVENUE TO MARINE CREEK PARKWAY (SNC -91-007) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance changing the name of Cliff Street, from Clinton Street to N.E. 28th Street, and Angle Avenue, from N.E. 28th Street to its intersection with Marine Creek Parkway, to Marine Creek Parkway. DISCUSSION: Mr. Gary L. Santerre, on behalf of Mr. Carlos Puente, has submitted a request proposing that the names of Cliff Street and Angle Avenue, as described above, be changed to Marine Creek Parkway in order to provide a greater continuity in street naming. There have been no objections raised by reviewing City Departments and the U. S. Postmaster. A public hearing has been scheduled for today's City Council meeting and all abutting property owners have been notified. FISCAL INFORMATION/CERTIFICATION: The Transportation and Public Works Department has estimated that there will be 18 locations of signs effected by the proposed street name change at an approximate cost of $612, to be paid by the applicant. The applicant, Mr. Carlos Puente, has requested that the filing fee of $500 be waived. r Mr. McKinley H. Kirk, Mr. McKinley H. Kirk, Jr., 3202 Refugio, appeared before the City Council and Jr. re M&C G-9592 expressed opposition to the street name change of Cliff Street and Angle Avenue to Marine Creek Parkway and advised Council that the historical significance of the street names will be lost. Mrs. Emily Wilson re Mrs. Emily Wilson, 3219 Prospect, appeared before the City Council and expressed M&C G-9592 11 opposition to the street name change of Cliff Street and Angle Avenue to Marine Creek Parkway and requested that City Council leave the street names as is. Mr. Donald W. Dollar Mr. Donald W. Dollar, Terminal Manager of LaFarge Cement Company, 3900 Angle re M&C G-9592 Avenue, appeared before the City Council and advised Council that this request for a street name change to Marine Creek Parkway will be very expensive for his company and requested that the City Council reconsider changing the street name. There being no one else present desiring to be heard regarding the public hearing for street name change for Cliff Street and Angle, Avenue to Marine Creek Parkway, Council Member Puente made a motion, seconded by Council Member Matson, that the public hearing be closed and that the street name change be denied. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-9593 Public Hearing - It appearing to the City Council that on March 24, 1992, the City Council set draft reuse plan for today as the date for a public hearing regarding action of proposed draft Reuse Plan Carswell Air Force for Carswell Air Force Base, Mayor Pro tempore Webber asked if there was anyone present Base desiring to be heard. Mr. James Toal re Mr. James Toal, representing the Carswell Reuse Authority, appeared before the M&C G-9593 City Council and presented a staff report, advising the City Council that the Pentagon owns Carswell Air Force Base and has requested that the City of Fort Worth provide a reuse plan which shows the community consensus of how the facility will be used; advised Council that the access to the base will be quit good once the security is lifted and the gates are open surrounding the facility; and advised Council that the reuse of the facility needs to be validated by an in-depth study; and called attention to Mayor and Council Communication No. G-9593, as follows: SUBJECT: PUBLIC HEARING AND ACTION ON PROPOSED DRAFT REUSE PLAN FOR CARSWELL AIR FORCE BASE - RECOMMENDATION: It is recommended that the City Council: 1. Hold a public hearing concerning the draft reuse plan for Carswell Air Force Base, and 2. Finally adjourn such hearing, and 3. Adopt the proposed draft reuse plan, subject to revision, and 4. Authorize the City Manager to forward the adopted draft reuse plan to the U. S. Department of Defense for its Environmental Impact Study Minutes of City Council T-3 Page 527 528 Tuesday, March 31, 1992 cont.II noting that it is subject to revision following the FAA Airport Master Plan Study. DISCUSSION: RECOMMENDATION: It is recommended that the City Council take- the following actions concerning Public Improvement District No. 3: 1. Hold a public hearing regarding the proposed property assessments for Fiscal Year 1991-92, and 2. Close the public hearing, and 3. Adopt the attached ordinance which levies the proposed assessments. DISCUSSION• On March 12, 1992, the City Council held a .public hearing and adopted M&C G-9558 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 3 during the 1991-92 fiscal year. Improvements/Services: The general nature of the improvements and services to be provided by the District are: 1. Planning Program - Develop a Plan for Tax Increment Financing - Rework Concept Plan, Engineering Plan, Budgets, and Schedule for Infrastructure Improvements 2. Plan Coordination Program 3. Marketing Program - PID #3 Plan Brochure Distribution - Generate Publicity about the District 4. Management Program - Overall Management of the District Budget: Source of Funds 1991-92 SENCA Advance Funding. $ 0.00 FWID #3 Assessments 84,188.59 1990=91 Assess. Collections 11,726.59 TIF* 0.00 TOTAL $ 95,915.18 Use of Funds Formation Services $ 0.00 Minutes of City Council T-3 Page 528 The public hearing date was set following a March 24 Pre -Council Session presentation by Mr. James Toal regarding the draft reuse plan. The adopted draft reuse plan is needed by the Department of Defense for use in its Environmental Impact Study of Carswell Air Force Base. This draft reuse plan is an initial draft reuse plan that is subject to further study upon the completion of the FAA sponsored Airport Master Plan Study of the Carswell Air Force Base and related land use studies. There being no one else present. desiring to be heard in -connection with the public hearing and action on proposed draft Reuse. Plan -for Carswell Air Force Base, Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. G-9593, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that a benefit 'hearing was set for today M&C G-9594 re regarding the adoption of ordinance levying assessment-- .improvements and/or services Public Hearing - in Fort Worth Improvement District No..3 and that notice of the public hearing was made property assessments in accordance with state law, Mayor Pro tempore Webber asked if there was anyone for Fiscal Year present desiring to be heard. 1992-92 Ms. Olivia Rodriguez Ms. Olivia Rodriguez, representing the City Manager's Office;` appeared before the re M&C G-9594 City Council and advised the City Council that the purpose of today's public hearing is to receive comments regarding the proposed property assessment for Fiscal Year 1991-92 for Fort Worth Improvement District No. 3; that notice of the hearing has been given in accordance with state law; advised City Council that Martha Leonard conveyed property listed on role to the State of Texas which reduces the tax role to $84,188.59; and called attention of the City Council to Mayor and Council Communication No. G-9594, as follows: SUBJECT: BENEFIT HEARING AND ADOPTION OF ORDINANCE LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT NO. 3 RECOMMENDATION: It is recommended that the City Council take- the following actions concerning Public Improvement District No. 3: 1. Hold a public hearing regarding the proposed property assessments for Fiscal Year 1991-92, and 2. Close the public hearing, and 3. Adopt the attached ordinance which levies the proposed assessments. DISCUSSION• On March 12, 1992, the City Council held a .public hearing and adopted M&C G-9558 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 3 during the 1991-92 fiscal year. Improvements/Services: The general nature of the improvements and services to be provided by the District are: 1. Planning Program - Develop a Plan for Tax Increment Financing - Rework Concept Plan, Engineering Plan, Budgets, and Schedule for Infrastructure Improvements 2. Plan Coordination Program 3. Marketing Program - PID #3 Plan Brochure Distribution - Generate Publicity about the District 4. Management Program - Overall Management of the District Budget: Source of Funds 1991-92 SENCA Advance Funding. $ 0.00 FWID #3 Assessments 84,188.59 1990=91 Assess. Collections 11,726.59 TIF* 0.00 TOTAL $ 95,915.18 Use of Funds Formation Services $ 0.00 Minutes of City Council T-3 Page 528 Tuesday, March 31, 1992 M&C G-9594 cont. Planning (TIF) 14,166.73 Marketing 5,000.00 Management 12,000.00 SUBTOTAL $ 31,166.73 Reimbursement to SENCA/Fort Worth For valid expenses in Organizing PID #3 $ 65,000.00 TOTAL ,$ 96,166.73 *Showing "TIF" on this forecast is NOT meant to infer or imply City Council endorsement of or intent to establish a reinvestment zone for tax increment financing. It is only a projection of revenue in the event TIF is used. If TIF is not adopted, an alternative funding source will be developed or the service program will be scaled back within available revenues. The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on March 12, 1992, and is on file in the office of the City Secretary. FY 91-92 Assessments: $84,440.14 of the cost of improvements shall be assessed against private property located in the district and the owners of the property. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Ir Considering the benefits to be received from the proposed improvements, it is the opinion of the Real Property Division that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the public hearing was made in accordance with State law. Following the hearing, the assessments shown on the attached proposed assessment roll, if approved and accepted by the City Council, will be levied against properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before May 31, 1992. Accounts will become delinquent if not received by June 1, 1992. The entire amount assessed against a parcel of property shall bear interest from and after the first day of June, 1992, at the rate of 10 percent per annum until paid. There being no one else present desiring to be heard in connection with the hearing on the adoption of ordinance levying assessments - improvements and/or services in Fort Worth Improvement District No. 3, Council Member Puente made a motion, seconded by Council Member Matson, that the recommendations, as contained in Mayor and Council Communication No. G-9594, be adopted, as amended. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Matson introduced an ordinance and made a motion that it be Ordinance adopted. 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 Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The ordinance, as adopted, is as follows: Ordinance No. 11061 ORDINANCE NO. 11061 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 3 DURING FISCAL YEAR 1991- 1992; FIXING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN_EFFECTIVE DATE. Ms. Mary C. Scott re Ms. Mary C. Scott, 1101 Circle Lane, appeared before the City Council and Environmental Depart - ;commended the City Council on having an Environmental Department and stated that she ment favored the idea of a Task Force and is willing to work with Mr. Hay. Mr. Earl Burnam re Mr. Earl Burnam, Conservation Co -Chair for the Audubon Society, 3821 Burkett Environmental Advisory Drive, appeared before the City Council and expressed appreciation for Council's Committee consideration for the establishment of an Environmental Advisory Committee for the City of Fort Worth and requested that City Council send formal direction to City staff for �the establishment of a core committee comprised of people with expertise in all areas of the environmental issues discussed bu the task force. Minutes of City Council T-3 Page 529 `30 Mr. Francisco Her- nandez re drug houses located at 2228 Alsto and 2012 Alston Mayor Pro tempore Webber re Mr. Her- nandez Mr. Chip Diano re exansion regarding The T Adjourned Tuesday, March 31, 1992 Mr. Francisco Hernandez, 2108 Alston Avenue, appeared before the City Council and expressed concern regarding "drug houses" located at 2228 Alston and 2012 Alston. Mayor Pro tempore Webber advised Mr. Hernandez that the matter regarding the "drug houses" on Alston Avenue will be investigated by Interim City Manager Bob Terrell. Mr. Chip Diano, 6007 Westridge Lane, appeared before the City Council and advised Council that the expansion regarding The T is to expand the lines to Forest Hill, Eagle Mountain, Lake Worth, and other surrounding areas. There being no further business, the meeting was adjourned. ACTING CITY SECRETARY Minutes of City Council T-3 Page 530 MAYOR