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HomeMy WebLinkAbout1992/04/14-Minutes-City CouncilCITY COUNCIL MEETING TUESDAY, APRIL 14, 1992 Council met On the 14th day of April, A.D., 1992, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members Present Mayor Ray Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray; Jewel Woods, Bill Meadows, and David Chappell; Interim City Manager Bob Terrell; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by The Reverend Mark Young, Arlington Heights Christian Church. Pledge of Allegiance The Pledge of Allegiance was recited. Minutes of April 7, 1992 approved On motion of Council Member McCray, seconded by Council Member Woods, the minutes of the meeting of April 7, 1992, were approved. Proclamation - proclamation for Fort Worth Building Safety Week Fort Worth Building A p y was presented to Mr. Dick Safety Week Lewis, Building Official. Proclamation - Clerica) A proclamation for Clerical Recognition Day was presented to Ms. Iris E. Walker, Recognition Day C.I.N. Executive Director. Proclamation - Fair Housing Month Withdrew M&C Nos. L-10896, C-13317, C-13318, C-13319 and C-13320 Withdrew M&C Nos. P-5577 and C-13313 Withdrew M&C No. G-9608 Withdrew M&C No. OCS-415 Cont. for two weeks M&C Nos. C-13317, C-13318, C-13319 and C-13320 Consent agenda appro Nominated Ralph H. Duggins, Albert Perea, Joe Cameron, Paul C. Isham, Marion T. "Jap" Jones, and Kenneth L. Barr, and Karen Hutchinson Gordon, Pamela Dunlop, and Terri _> Ellis. to the Charter Amendment Re- view Committee M&C OCS-414 Liability Bonds M&C OCS-414 adopted M&C OCS-415 Claims Janie F. Bailey Albert Davis,_Sr. A proclamation for Fair Housing Month was presented to Dr. Baird. Mayor Pro tempore Webber requested that Mayor and Council Communication Nos. L-10896, C-13317, C-13318, C-13319, and C-13320 be withdrawn from the consent agenda. Council Member Chappell requested that Mayor and Council Communication Nos. P-5577 and C-13313 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. G-9608 be withdrawn from the consent agenda. Interim City Manager Terrell requested that Mayor and Council Communication No. OCS-415 be withdrawn from the consent agenda. Interim City Manager Terrell requested that Mayor and Council Communication Nos. C-13317, C-13318, C-13319, and C-13320 be continued for two weeks. On motion of Council Member Chappell, seconded by Council Member Meadows, the consent agenda, as amended, was approved. Mayor Granger nominated Messrs. Ralph H. Duggins, Albert Perez, Joe Cameron, Paul C— Isham, Marion T. "Jap" Jones, and Kenneth L. Barr, and Mesdames Karen Hutchinson Gordon, Pamela Dunlop, and Terri Ellis be appointed to the Charter Amendment Review Committee and Council Member Chappell made a motion, seconded by Council Member Matson, that Messrs. Ralph H. Duggins, Albert Perez, Joe Cameron, Paul C. Isham, Marion T. "Jap" Jones, and Kenneth L. Barr, and Mesdames Karen Hutchinson Gordon, Pamela Dunlop, and Terri Ellis be appointed to the Charter Amendment Review Committee. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. OCS-414 from the Office of the City Secretary recommending that the City Council approve liability bonds, as follows: PARKWAY CONTRACTORS BOND James Moore Construction INSURANCE COMPANY Western Surety Company Earnest D. Long dba Old Republic Surety Earnest D. Long Construction Company It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-415 from the Office of the City Secretary recommending that the City Council referred notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Janie F. Bailey April 3, 1992 February 7, 1992 2509 Park Ridge $181.02 - $238.00 Claimant alleges damages to vehicle sustained as the result of a low hanging tree limb protruding six feet into the roadway. Albert Davis, Sr. April 6, 1992 May 31, 1991 2460 E. Rosedale $3,000.00 - $3,500.00 Minutes of City Council U-3 Page 1 Albert Davis, Sr. claim cont. Paul Deane Letbetter Gina Michelle Rogers Traci Annette Frankli Marcella Monique Williams Lang Van Bui Silas Lamar O'Bryant Mr. Albert Davis, Sr. re his alleged arrest and sale of his auto- mobile Mayor Granger re Mr. Davis to Risk Manage- ment OCS-415 adopted Benefit Hearing BH -0089 West Maddox Avenue from College Avenue to Lipscomb St. Tuesday, April 14, 1992 Nature of Incident: 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 5. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 6. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 7. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 8. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant alleges damages sustained as the result of vehicle being towed and sold at auction. Paul Deane Letbetter April 6, 1992 March 24, 1992 820 & John T. White Undeclared Claimant alleges damages to vehicle sustained as the result of striking a ramp falling from a City -owned truck. Gina Michelle Rogers April 6, 1992 March 11, 1992 Trinity Rd. $50.00 Claimant alleges damages to vehicle sustained as the result of road conditions. Traci Annette Franklin April 8, 1992 February 20, 1992 Mr. Tom Hall 600 W. Rosedale Undeclared Claimant alleges injuries sustained as a result of a vehicular accident involving Police. Marcella Monique Williams April 8, 1992 February 20, 1992 Kugle, Byrne & Alworth Undeclared Undeclared Claimant alleges sustained as a result Fort Worth Police. Lang Van Bui April 8, 1992 March 27, 1992 Vaughan de Kirby 2250 Hemphill damages and injuries of an accident involving Undeclared Claimant alleges damages and injuries sustained as a result of a vehicular accident involving a City -owned vehicle. Silas Lamar O'Bryant April 8, 1992 March 28, 1992 I-20 between Oak Grove Rd. & Campus Dr. $275.20 - $393.01 Claimant alleges damages to vehicle as a result of an object falling from a City -owned vehicle. Mr. Albert Davis, 2454 East Rosedale, appeared before the City Council regarding his alleged arrest and the subsequent sale of his automobile while he was incarcerated. Mayor Granger referred Mr. Davis to Ms. Susan Bulla, Director of Risk Management Department. On motion of Council Member Chappell, seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. OCS-415, was adopted. It appearing to the City Council that the City Council on March 17, 1992, set today as the date for the benefit hearing for the assessment paving of West Maddox Avenue from College Avenue to Lipscomb Street and that notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on March 19, 20, and 23, 1992. Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re BH -0089 Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the Minutes of City Council U-3 Page 2 L Tuesday, April 14, 1992 03 Mrs. Martha Lunday's independent appraisal report has been submitted to the City Council; that Mr. Robert statement cont. Martin is available for questioning; and: called attention of the City Council to Mayor BH -0089 11 and Council Communication No. BH -0089, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT .PAVING OF WEST MADDOX AVENUE FROM COLLEGE AVENUE TO LIPSCOMB STREET (PROJECT NO. 67-040250) 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 West Maddox°'Avenue from College Avenue to Lipscomb Street. DISCUSSION• The 1986 Capital Improvement Program included funds for the.improvement of West Maddox, Avenue from College Avenue to Hemphill Street; however, the curbs and gutters from Lipscomb Street to Hemphill Street are in excellent condition, and this portion of the project can be maintained within City Standards with an HMAC overlay. The HMAC overlay will be scheduled after the reconstruction from College Avenue to Lipscomb Street is complete. The ,street isi in •the -Mid-Southside Target Area and has previously been constructed to City standards. Community Development Block Grant (CDBG) funds will provide a portion of the construction cost. One- and two-family residences are,not assessed. West Maddox Avenue will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On March 17, 1992 (M&C G-9565), the City Council established April 14, 1992, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City. Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 9,440.00 ( 12%) City's share of cost $ 68,110.00 ( 88%) Total cost $ 77,550.00 (100%) t . . . .I f . . A, ." I Thete''are no unusual situations on this project that require special City Council consideration. The project is in DISTRICT 9. Council Member Chappel Council Member Chappell -requested and Puente re BH -0089 that hes and Council Member Puente be permitted abstain from voting to abstain from voting on Mayor and Council -Communication No. BH -0089. Council -Member Matson made a motion, seconded, by Council Member Meadows, that Council Members Chappell and Puente be permitted to abstain from voting on Mayor and Council Communication No. BH -0089. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no one • else present desiring to be -heard in connection with the assessment paving of West Maddox Avenue from College Avenue to Lipscomb Street, Council Member Silcox made a motion, seconded by Council Member Meadows, that the recommendations, as contained in BH -0089," be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members JSilcox,,Matson,'McCray; Woods; -and Meadows NOES: None ABSENT: None NOT VOTING: Council Members Puente and Chappell ntroduced an Council Member Silcox introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance; prevailed by the following vote: Minutes of City Council U-3 Page 3 m Ordinance No. 11066 Tuesday, April 14, 1992 AYES: Mayor Granger; Mayor Pro -tempore Webber; Council Members Silcox, Matson, McCray, Woods,' and Meadows NOES: None ABSENT: None NOT VOTING: Council Members Puente and Chappell The ordinance, as adopted, is as follows: ORDINANCE NO. 11066 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF HEST MADDOX AVENUE .FROM COLLEGE AVENUE- TO LIPSCOMB STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH,_ TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-9603 re CDBG Year XVIII11 There was presented Mayor and Council Communication No. G-9603, dated April 7, 1992, from the City Manager, as follows: SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XVIII - FINAL STATEMENT OF OBJECTIVES, GRANTEE CERTIFICATIONS, PROJECTED USE OF FUNDS, AND DISPLACEMENT PLAN RECOMMENDATION• It is recommended that the City Council: 1. Approve the attached Final Statement of Objectives, Grantee Certifications, Projected Use of Community Development Block Grant (CDBG) Year XVIII Funds and Displacement Plan, and 2. Authorize the City Manager to submit and accept the CDBG Year XVIII Grant Application to the, Q.S. Department of Housing and Urban Development (HUD) for the program year June 1, 1992 through May 31, 1993, in the amount of $5,611,000, and 3. Authorize the Accounting Division of the Finance Department, subject to HUD approval and the City Manager's acceptance of the grant, to establish the CDBG Year XVIII project accounts in the City of Fort Worth's financial accounting system, and 4. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the rate of 18.73 percent, which represents the most recently approved rate for this department and apply the new approved indirect cost rates when available), and 5. Accept any additional entitlement funds which may become available. DISCUSSION• The CDBG program develops viable communities by providing decent housing, a suitable living , environment and expanding economic opportunities, principally for persons of low and moderate income. The primary objectives of the program are to: 1. Achieve self-sustaining revitalization of neighborhoods. 2. Conserve existing structurally -sound housing stock. 3. Increase the quantity and improve the quality of both owner and rental housing available to low and moderate -income people. 4. Affirmatively promote equal housing opportunity. 5. Improve those community facilities that contribute to the self-sustaining revitalization of neighborhoods. 6. Promote the affordability of housing for low and moderate -income residents. 7. Encourage private sector investment in low and moderate -income neighborhoods. 8. Create a more positive image of low and moderate -income neighborhoods. 0 Minutes of City Council U-3 Page 4 G-9603 cont. G-9603 adopted M&C G-9608 re accepted petiiton requesting establish- ment of Public Improv ment District No. 4 05 Tuesday, April 14, 1992 9. Encourage resident involvement in, and commitment to, their neighborhoods. 10. Achieve economic self-sufficiency of low. and moderate -income households as a central means of creating -viable neighborhoods. 11. Serve the largest practicable number of low and moderate -income residents consistent with the achievement of other program goals. 12. Encourage networking and creative partnerships among all sectors of the community. The total amount available for CDBG Year XVIII (June 1, 1992 through May 31, 1993) is $5,861,000, which consists of the following: 1) $5,611,000 Entitlement (basic grant from HUD); 2) $200,000 in program income projected to be generated in Year XVIII from the repayment of housing loans; and 3) $50,000 in reallocation of residual funds from past years. Attached is a copy of the CDBG Year XVIII budget. The primary emphasis of the proposed budget for Year XVIII is in the area of housing (50.7%). Based on the population characteristics (extent of poverty, population, community need) of the City of Fort Worth, the U.S. Department of Housing and Urban Development (HUD) provides an annual entitlement for local Community. Development Block Grant activities. No matching funds are required. The assistance program number from the catalogue of Federal Domestic Assistance (d) is 14-218. COMMUNITY DEVELOPMENT COUNCIL APPROVAL: On January 13, 1992, the Community Development Council held a public hearing and approved the following recommendation by a unanimous vote: "It is recommended that the Community Development Council approve the Community Development Block Grant (CDBG) Year XVIII Budget.". FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal) Services certifies ,that upon approval of this application by.the.. U.S.- Department of, -Housing and Urban Development, sufficient.funds for CDBG Year XVIII activities will be available in the Grants Fund.. On motion of :Mayor Pro tempore Webber,,sseconded by Council Member McCray, the recommendations, ­ as contained yin Mayor and Council Communication No. G-9603, were adopted. There was presented Mayor and Council Communication No. G-9608 from the City Manager stating that the City Manager's Office received a petition on February 20, 1992, from the Hillwood Development Corporation requesting establishment of Fort Worth Public -Improvement District No. 4 under Chapter 372, Subchapter A, Section 372.005 of the Local Government Code; that;cif this district is established, special assessments levied against property within the district would fund improvements and/or services that confer special benefits upon the property; that, if the review by the City Manager and the City Attorney determine that the petition does meet -the requirements of state law and City policy, future City Council -action will be required,to actually establish the district; and recommending that the City Council accept the petition requesting establishment of Public -Improvement District No. -.4 and direct the City Manager and City Attorney too -review the petition to determine whether At includes the necessary signatures and meets the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code as-well•.as,.the provisions- of the City's Public Improvement District Policy Statement adopted by the City Council on September 10, 1991. Mr. Kirk Bednar re Mr. Kirk Bednar, representing the City Manager's Office, appeared before the City M&C G-9608 Council and advised Council that several public hearings will be held regarding the establishment -of public improvement districts and.that; the property owners within the surrounding areas will be notified of the public.hearings. Council Member Silcox made a motion, seconded by Council Member Woods, that the recommendations,. as contained in..,Mayor and Council Communication No. G-9608, be adopted.0 When the motion was put to -a vote by the Mayor, it prevailed unanimously. M&C G-9609 re There was presented Mayor and Council Communication No. G-9609 from the City approved bond fund Manager stating that, at the request of the City of Fort Worth, the Trinity River transfer - Cade Branch Authority initiated a feasibility study in February -of: 1992, for the Cade Branch Interceptor Extension Interceptor Extension Project to serve parts of far north Fort Worth and adjacent Project unsevered areas; that this study hasp preliminarily.defined a project cost of $1.922 million prorated, with Fort Worth at $792,340.00, Keller at $697,340.00, and Lake Turner M.U.D. No. 1 at $432,120.00; that the TRA is proposing to furnish each party with a contract to fund the costs of design, land acquisition, and construction of the Cade Branch Interceptor during May and June 1992; that, prior to this action, TRA has Minutes of City Council U-3 Page 5 W • Tuesday, April 14, 1992 M&C G-9609 cont. requested the three parties fund (on a preliminary basis) the cost to conduct preliminary design engineering estimated at $79;000.00; that the prorata share for Fort Worth is $66,770.09 based upon the accelerated schedule of facilities which will only carry Fort Worth flows as opposed to flows from all three parties; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the Sewer Capital Improvement Fund; and recommending that the City Council authorize a bond fund transfer in the amount of $66,77I.00'from Sewer' Capital Improvement Fund, Unspecified to Sewer Capital Improvement Fund, Denton Creek, Cade Branch Interceptor Extension, and authorize the payment of $66,770.09 to the TRA for the preliminary design engineering for the Denton Creek Cade Branch Interceptor Extension Project. It was the consensus of the City Council that the recommendations be adopted. M&C G-9610 re There was presented `MayorIand ''Council Communication No. G-9610 from the City lawsuite filed by Manager stating that Mr. Timothy L. Hampton filed a lawsuit against the City of Fort Mr. Timothy L. Hampton Worth as a result of a motorcycle collision with a City utility truck which occurred on December 15, 1987; that the case was tried to a jury beginning Monday, March 9, 1992; that the jury returned a verdict'that the'City was partially at fault for the accident M&C G-9611 re and that damages should be paid in the amount of $144,131.24; that the Risk Management accepted gift from Department and Department of Law recommend payment of the Court's judgment without Anne Burnett Tandy and further litigation or appeal; and' recommending that the City Council adopt a Charles D. Tandy supplemental appropriations ordinance increasing appropriations in the Insurance Fund Foundation by $144,131.24 and reducing the Undesignated;", Unreserved Fund Balance in the Insurance Fund by a- like amount, and' authorize the City Manager to approve expenditure of $140,641.73 plus court costs of $3,489.51 for payment of the total judgment of $144,131.24 rendered in Cause No: 96-115534-88, Timothy L"Hampton Vs. the City of Fort Worth. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Introduced an AYES: Mayor Granger; Mayor` Pro `tempore Webber; Council Members Ordinance Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell it the adoption of said ordinance, prevailed by the following vote: NOES: None ABSENT: None The ordinance, as adopted, is as follows: - Ordinance No. 11067 ORDINANCE NO. 11067 AN ORDINANCE APPROPRIATING $144,131.24 TO THE INSURANCE FUND AND DECREASING THE"'UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT'•FOR THE PURPOSE OF PAYING THE FINAL JUDGMENT RENDERED IN CAUSE NO. 96-115534-881 TIMOTHY L. HAMPTON VS. THE CITY OF FORT WORTH; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES `IN ' CONFLICT "'HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. ABSENT: None The ordinance, as adopted; is as follows: Minutes of City Council U-3 Page 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take'effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9611 re There was presented Mayor and Council Communication No. G-9611 from the City accepted gift from Manager stating that on March 26," 1992,'a'Town Hall Meeting sponsored by The Vision Anne Burnett Tandy and Coalition: Committee of 450,000 'was held at the Tarrant County Convention Center; that Charles D. Tandy the meeting was held to provide Fort Worth residents an opportunity to voice their Foundation opinions and state their concerns about issues facing the City of Fort Worth; that the Anne Burnett Tandy and Charles D. Tandy- Foundation' donated'$8,000.00 to pay for expenses associated with conducting' the Town' Hall Meeting; and recommending that the City Manager be authorized to accept a gift of $8,000.00 from the Anne Burnett Tandy and Charles D. Tandy Foundation and adopt a. supplemental appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $8,000.00 from increased revenues. On motion of Council Member Chappell, seconded by Council Member Meadows, the recommendations'were`adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted; is as follows: Minutes of City Council U-3 Page 6 '07 Tuesday, April 14, 1992 ORDINANCE NO. 11068 Introduced an Ordinance No. 11068 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $8,000.00 FOR THE PURPOSE OF ACCEPTING A DONATION FROM THE ANNE BURNETT TANDY AND CHARLES D. TANDY FOUNDATION TO PAY FOR EXPENSES ASSOCIATED WITH CONDUCTING THE TOWN HALL MEETING; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: * * a SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C No. G-9612 re There was presented Mayor and Council Communication No. G-9612 from the City settlement of W.K.C., Manager, as follows: Inc. SUBJECT: SETTLEMENT OF W.K.C., INC., PLAINTIFF V. ZONING BOARD OF ADJUSTMENT, ET AL, DEFENDANTS RECOMMENDATION• It is recommended that the City Council: 1. Approve the- settlement oU :Cause No.^141-140307-92•,filed by W.K.C., Inc., against the Zoning Board of Adjustment and the City of Fort Worth, and 2. Authorize the City Manager to sign the compromise settlement agreement. DISCUSSION• On or about February 13, 1991, the City Council adopted Ordinance No. 10788 (the "Ordinance") which utilizes distance regulations to prevent the adverse secondary effects associated with adult cabarets. These regulations prohibit the location of an adult cabaret within 1,000 feet of a school, church, public park, another adult cabaret or sexually oriented business or residentially zoned property. W.R.C., Inc. operates a restaurant, bar and adult cabaret at 7101 Calmont. The -establishment is within 1,000 feet of residentially zoned property which is being used as a commercially operated golf course, maintenance facility and other commercial and/or industrial uses. A.K.C., Inc., has filed suit in the 141st District Court contending that application of the Ordinance to its operations at 7101 Calmont is unconstitutional as applied, arbitrary,`capricious and unreasonable. The main reason for this contention is that there are no residential uses within 11000 -feet and -the uses that are present are not the type sought to be protected under the Ordinance. Thus, the. -purpose of the Ordinance is not being accomplished. •:Bona ifide disputes exist between the parties concerning constitutionality of the Ordinance as applied to W.R.C., Inc.'s operations.: In order to compromise disputed claims and doubtful rights and to avoid the expense and disruption of litigation, it is proposed that W.K.C., Inc., the Zoning,Board.• of Adjustment and the City of Fort Worth compromise and settle all claims and causes of action which W.K.C.,•Inc., may have arising out of application of the Ordinance to W.K.C., Inc.'s operation of an adult cabaret at 7101 Calmont. The terms of the proposed settlement are as follows: 1. The Ordinance will not be enforced against W.R.C. Inc.'s operations at 7101 Calmont as long as W.K.C., Inc.: a. operates the establishment 'in substantially the same manner as it has been operated in the first year of operations; b. maintains a valid liquor license from the State of Texas; c. maintains a valid certificate of ­occupancy issued by the - City of Fort Worth for a restaurant, bar and adult cabaret; d. does not use or allow the premises at 7101 Calmont to be used so as to constitute a nuisance; - e.- obtains approval from the Fort Worth City Council for any change in the majority ownership of the corporation, which approval shall not be unreasonably withheld; Minutes of City Council U-3 Page 7 411 Tuesday, April 14, 1992 M&C G-9612 cont.II f. does not operate a business which is prohibited by state law; and g. maintains a suitable dress code for its patrons. 2. If W.R.C.,.Inc.,.materially violates any of the above conditions, its certificate of, occupancy may be revoked and the City may enforce the Ordinance against operations at 7101 Calmont unless W.R.C., Inc., is' able .to .obtain an injunction against such enforcement .based. on proof. thatno material violation has occurred. 3. W.R.C., Inc., will dismiss the suit with prejudice and will pay all court costs. 4. The settlement shall not constitute an admission of liability or of the unconstitutionality of Ordinance No. 10788. FISCAL INFORMATION/CERTIFICATION:+ The proposed settlement does not involve -the expenditure of any City funds. Council Member Silcox made a motion, seconded by Council Member Meadows, that the recommendations, as contained_ in Mayor and Council Communication No. G-9612, be adopted. M&C No. G-9613 re There waspresented May y refund of tax over- or and Council Communication No. G-9613 from the City payments Manager stating that the Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three .years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; and that the Revenue Collection Division of Fiscal Services has verified erroneous payments or overpayments were made and recommends refund, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0042-08-59 Candleridge Add Hodapp, Richard $ 523.58 1991 Taxes Lot 5, Block 46 Taxes Paid Twice 0245-11-90 Rivercrest Add Leonard, Mary & 6,941.55 1991 Taxes Lot 1, Block 54 .,Jenkins Garrett Taxes Paid Twice 0336-21-24 Wedgwood Add .. Hightower, Herbert 506.59 1991 Taxes Lot 22-R, Block 295 _. Taxes Paid Twice 0520-51-90 Huntington Add Sunbelt Savings FSB 546.95 1991 Taxes Lot 25, Block 8 Erroneous Payment 0603-85-73 Overton Woods Add Alta Mesa Nat. Bank 1,668.78 1991 Taxes Lot 26, Block 7 Taxes Paid -Twice . 0623-34-73 Bell Industrial Dist.. Independent Life 6 2,621.01 1991 Taxes Lot 1R1, Block 4 Accident Insurance Taxes Paid Twice 0632-38-04 Meadow West III Add Principal Mutual.Life 1,509.67 1991 Taxes Lot 3, Block 17 Taxes Paid Twice 0580-18-50 Bellaire Park North Nationshare Mortgage 1,579.78 1991 Taxes Block 7, Lot 12 Corp.. Taxes Paid Twice TOTAL $15,897.91 cil Members ows and Woods re Council Member Meadows and Council Member Woods requested permission of the City G-9613 abstain Council to abstain from voting on Mayor and Council Communication No. G-9613, involving i voting a tax refund to Alta Mesa National Bank. Council Member McCray made a motion, seconded by Council Member Matson, that Council Members Meadows and Woods be permitted to abstain from voting on Mayor and Council Communication No. G-9613. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Matson made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-9613 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: Minutes of City Council U-3 Page 8 R Tuesday, April 14, 1992 1 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Chappell NOES: None ABSENT: None NOT VOTING: Council Members Meadows and Woods,,-.,- M&C oods. .,M&C G-9614 re There was presented Mayor and Council Communication No. G-9614 from the City improvements to Chest Manager stating that the 1986 Capital Improvement Program included funds for the nut Avenue from N.W. improvement of Chestnut Avenue from N.W. 21st Street to N.W. 22nd Street; that the 20th Street to N.W. project was subsequently expanded in the 1990 CIP to extend from N.W. 20th to H.W. 25th 25th Street Street; that the street is located in the Near North Target Area and has previously been constructed to City standards; that Community Development Block Grant funds will provide a portion of the construction cost; that the project is located in District 2; that the total cost of the estimate for the assessment is $ 495,000.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Chestnut Avenue from N.W. 20th Street to N.W. 25th Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Chestnut Avenue 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 19, 1992; -as the,date of.benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with- the provisions of Article 1105b of Vernon's Annotated Civil Statutes. Council Member Meadows and Woods re Council Member Meadows and ,Council Member.Woods requested permission of the City M&C G-9614 abstain Council to abstain from voting on Mayor and Council Communication No. G-9614 involving from voting Southwestern Bell Telephone Company. Council Member McCray made a, motion,.:.seconded by, Council Member Matson, that Council Members Meadows and Woods be permitted .to abstain from voting on Mayor and Council Communication No. G-9614. When the motion was put to a vote by the Mayor, it prevailed unanimously. •!.. Council Member Chappell made a motion, seconded by Council Member Matson, that Mayor and Council Communication No. G-9614 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Chappell NOES: None ABSENT: N o n e ie NOT VOTING: Council Members Meadows and Woods M&C G-9615 re ' demolition of 37 There was presented Mayor and Council Communication No. G-9615 from the City locations Manager, as follows: .-? SUBJECT: DEMOLITION OF -SUBSTANDARD STRUCTURES AT 37 LOCATIONS BY MULTIPLE VENDORS FOR CITY SERVICES DEPARTMENT It -is recommended that.the City Council.authorize the City Manager to: 1. Confirm that each structure .listed herein.,- is substandard and a nuisance, and 2. Authorize contracts for demolition of structures for the City Services Department on the .low bid per unit,basis as:follows: A.• Howard Darby dba Dyn-o-mite Demolition $7,517 Units 4, 11, 12,-16,-31, 35 i A f B. Calvin Sims dba $18,050 Calvin Sims Excavating and Wrecking Units 1, 2, 6, 7, 15, 17, 20, 25, 27, 28, 29, 30 C.-- Briggs and.Son Wrecking Company, E. D.,Briggs $4,522 Units 13, 18, 19, 33. D. Action Excavating Corporation, Inc. $17,805 Units 3, 5, 8, 9, 10, 14, 21, 22, 23, 24, 26, 32, 34, 36, 37 Total amount not to exceed $47,894 f.o.b.-Fort Worth, Texas, and Minutes of City Council U-3 Page 9 10 Tuesday, April 14, 1992 M&C No. G-9615 Cont.�I 3. Authorise a lien to be filed against each property to cover the cost of demolition and administration. BID DESCRIPTION: 1. 2518 Refugio Avenue and Rear 2. 3605 North Commerce Street and Rear 3. 2414 Northwest 26th Street and Rear 4. 6163 Meandering Road 5. 4821 Roanoke Street` 6. 5809 Bonnell Avenue and Rear 7. 5600 Donnelly Avenue 8. 5529 Libbey Avenue and Rear 9. 5309 Fernander Drive 10. 664 Crawford Street 11. 666 Crawford Street and Rear 12. 2525 South Jennings'Avenue 13. 2529 South Jennings Avenue 14. 2736 South Grove Street 15. 2904 South Grove Street 16. 901 West Dickson Street (Rear) 17. 1025 East Jefferson Avenue 18. 1016 East Rosedale Street 19. 1160 Mansfield Avenue 20. 1525 East Leuda Street 21. 1531 East Leuda Street and Rear 22. 1110 East Cannon Avenue and Rear 23. 1120 East Hattie Street 24. 1305 East Tucker Street 25. 1315 East Tucker Street 26. 1322 East Tucker StreetandRear 27. 1105 East Bessie Street and Rear 28. 1133 East Stella Street ` 29. 200 Williams Street and Rears 30. 1312 Ash Crescent Street and Rear 31. 1318 Ash Crescent Street and Rear 32. 2900 Fitzhugh Avenue 33. 2113 Langston Street 34. 4759 Chapman Street 35. 4440 Nolan Street 36. 3228 Stanley Avenue 37. 2712 Ennis Avenue BID TABULATION• Bidder 1. Howard Darby dba Dyn-o-mite Demolition Dallas, TX 2. Calvin Sims dba Calvin Sims Excavating and`Wrecking Fort Worthy' TX 3. Briggs and Son Wrecking Company E. D. Briggs Fort Worth, TX 4. Action Excavating Corporation, Inc. Saginaw," TX " All terms are net and bid tabulation is attached. Amount Bid $59,416 $52,010 $61,900 $58,456 Bid invitations were mailed to twenty prospective bidders. One no -bid was received and fifteen vendors did not respond. This bid was advertised in the Fort Worth Commercial Recorder on February 27 and March 5, 1992. COMMENTS ON SPECIFICATIONS: Specifications required vendor to demolish structures and to remove all debris, trash, unsightly and objectionable matter from the demolition premises to a state licensed or properly permitted landfill site. The bid specifications also provided that each location would be awarded based upon the low bid for that particular location. DISCUSSION• The Minimum Building Standards Code (Chapter 7, Article IV, Fort Worth City Code) provides civil proceedings. for the repair or demolition of substandard structures in the City of Fort Worth. The Code Enforcement Division has been unable to obtain code compliance for the structures listed. The Building Standards Commission has heard each case and has tried to work with the property owners toward rehabilitation or voluntary removal but the owners continue 'to delay abatement of the substandard condition. The Commission has ordered that each of the structures be demolished in accordance with Section'7-122 of the Code of the City of Fort Minutes of City Council U-3 Page 10 '11 Tuesday, April 14, 1992 M&C No. G-9615 Worth. Final approval by the City Council is now required in order to cont. demolish the structures and remove debris from the lots. Property owners and lienholders have been notified that the Housing Official will recommend that the City Council award demolition contracts during the regular meeting on April 14, 1992. FISCAL INFORMATION/CERTIFICATION: • The Director of Fiscal Services certifies that the funds required for these contracts are available in the current operating budget, as appropriated, of the General Fund., The Revenue Collections Section of the Fiscal Services Department is responsible for the collection of funds due the City under this agreement. Ms. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Division, appeared before the M&C G-9615 City Council and advised Council that property located at 4821 Roanoke Street is rehabitable, but that the garage on the property needs to be demolished and advised Council that the situation has existed since February; 1989 -,and stated that this location has been cited four or five times. Mr. Albert Ruiz re Mr. Albert Ruiz, 4821 Roanoke Street, appeared before the City Council and M&C G-9615 advised Council that,he has contacted a contractor who is willing to remodel the house, but that he has not been able to get back in contact with Mr. Metcalf and requested an extension from the City Council. Ms. Wanda Graham re Ms. Wanda Gresham, 4817 Roanoke Street, appeared before the City Council and M&C G-9615 requested -that the City Council approve. -the demolition -of the property locate at 4821 Roanoke Street and .suggested that, if,the City-Council;decides to grant Mr. Ruiz an extension, a time frame be placed on him in which he is to have the house remodeled. Ms. Anna Couk re Ms, Anna Couk, 4816 Roanoke, appeared before the City Council and expressed M&C G-9615 favorable consideration- for the -demolition of property at 4821 Roanoke and advised Council that'_°*it poses a fire hazard, that it is -a safety risk for the children, and that the house has been condemned since 1989. Ms. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Division, appeared before the M&C G-9615 City Council. and advised the City- Council-that,Item�16,:•property at 901 West Dickson Street '-(rear) and Item .36, 3228, Stanley Avenue, --will be -withdrawn from Mayor and Council Communication No. G -9615. ,k M&C G-9615 adopted, as amended , with the Council Member Silcox made a motion, seconded by Council Member Chappell, that withdrawal of Items the recommendations, as containedt in Mayor and Council Communication No. G-9615, be 16 and 36' adopted, as amended, with the withdrawal of Items 16 and 36. When the motion was put to a vote by the Mayor, it prevailed unanimously:-, M&C G-9616 re use of RAILTRAN funds There was presented Mayor and Council Communication No. G-9616 from the City Manager stating that the Intermodal Surface Transportation Efficiency Act of 1991, authorized $19.1 million to the cities of Fort Worth and Dallas for the D/FW RAILTRAN System; that $13.4 million was authorized under the Federal Highway Administration (FHWA), and $5.7 million under the Federal Transit Administration (FTA), formerly the Urban Mass Transit Administration; that eight percent of the FHWA authorization will be allocated in Fiscal Year 1992 funding of $1,038,924.00; that the FTA has authorized a Multi-year Grant to the Cities with FY 1992 funding of $2,480,000.00 therefore, a total of $3,519,500.00 will be available in Fiscal Year 1992; that a 20 percent local match is required in the amount of $880,000.00; that the initial grant will be used for preliminary engineering over the entire corridor to include any capacity improvements needed- in -the downtown Dallas to South Irving segment as the service is provided westward; that, 4n order to simplify the-. certification-- process and to use their available staff, =the: Fort. Worth Transportation Authority is recommended as the grantee/applicant for the funds; that the Director of Fiscal Services certifies that this expenditure will be- made from the City of Dallas Railtran account; and recommending that the City Council authorize the use of $880,000.00 in RAILTRAN funds for local match and designate the Fort Worth Transportation Authority as the grantee/applicant for Fiscal Year 1992�funds: Council MemberCouncil Member -Chappell requested permission -of- the City Council to abstain from Chappell re M&C voting on Mayor and. Council Communication No. G-9616, involving the Fort Worth G-9616 abstain from Transportation Authority. voting Council Member Meadows Council Member Meadows! - made a`, motion; seconded- by Council Member Silcox, that re M&C G-9616 abstain Council Member, Chappell be permitted to abstain from voting on Mayor and Council from voting Communication No. G-9616. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows madea motion, seconded by -Council Member Silcox, that the recommendations, as contained in, Mayor, and- Council Communication No. G-9616, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: . +:1. AYES: Mayor Granger;f Mayor Pro tempore Webber;- Council Members Puente, Silcox, Matson, McCray. Woods, and Meadows NOES: None ABSENT: None•u= NOT VOTING: Council Member Chappell Minutes of City Council U-3 Page 11 12 Tuesday, April 14, 1992 M&C P-5574 re agreement with There was presented Mayor and Council Communication No. P-5574 from the City Gohmann asphalt Manager submitting a tabulation of bids—received for a purchase agreement for all City ,ith Reynolds Asphalt departments to provide hot mix/cold lay asphalt; stating that the Director of Fiscal Construction, Austin Services certifies that funds required for this expenditure are available in the aving Company, current operating budget, as appropriated, of the General Fund; and recommending that ohmann Asphalt Com- the City Council authorize the purchase agreement with Gohmann asphalt on its low bid any, J.L. Bertram, of the unit price of $20.00 per ton to any service center, with term of agreement paisTexas, Fort Worth period to begin April 3, 1992, and end April 2, 1993. It was the consensus of the City ivision, and Vulcan Council that the recommendations be adopted. M&C P-5575 re There was presented Mayor and Council Communication No. P-5575 from the City agreement with O'Neal Manager submitting a tabulation of bids received for a purchase agreement to provide Metals Company structural steel, aluminum, and iron for all City Departments; stating that the &C P-5579 re urchase from Rainbow Director of Fiscal Services certifies that funds required for this anticipated dvertising expenditure during the 1991-92 fiscal year are available in the current operating budgets, as appropriated, and the funds required for the 1992 -93 -fiscal year will be included in the proposed budget; and recommending that the City Council authorize the purchase agreement with O'Neal Metals Company on its low overall bid of unit prices, with term of agreement to begin May 21, 1992, and end May 20, 1993, with the option to renew annually for two years. It was the consensus of the City Council that the recommendations be adopted. &C P-5576 re There was presented Mayor and Council, Communication No. P-5576 from the Cit greement with PDQ Manager submitting a tabulation of bids received for a purchase agreement for temporary emporaries light industrial labor for all City departments; stating that the Director of Fiscal Services certifies that the funds required to participate in this purchase of temporary labor are available in the current operating budgets, as appropriated, of the eligible City departments; and recommending that the purchase agreement be authorized with PDQ Temporaries at an hourly rate of $6.19, with term of'agreement to begin April 8, 1992, and end April 7, 1993, with one renewal period. -It was the consensus of the City Council that the recommendations be adopted. M&C P-5577 re There was presented Mayor and Council Communication No. P-5577 from the City agreement with Koch Manager submitting a tabulation of bids received for a purchase agreement for Asphalt Company emulsified asphalt for all City departments;'stating• that the Director of Fiscal Services certifies that funds required for this anticipated expenditure are available in the current operating budgets, as appropriated, of the General and Water and Sewer Operating Fund; and recommending that the City Council authorize a purchase agreement with Koch Asphalt Company on; the low bid of $0.527 per gallon net, f.o.b. Fort Worth, effective April 10, 1992, through April 9, 1993. Council Member Chappel Council Member Chappell advised City Council that he has a conflict of interest re M&C P-5577 in voting on Mayor and Council Communication No.'P-5577 involving Koch Asphalt Company. Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P-5577 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None "' NOT VOTING: Council Member Chappell &C P-5578 re There was presented Mayor and Council Communication No. P-5578 from the City urchase agreement Manager submitting a tabulation of bids received for a non-exclusive purchase agreement ,ith Reynolds Asphalt for all City departments for hot mix/hot lay asphaltic concrete; stating that the Construction, Austin Director of Fiscal Services certifies that funds required for this anticipated aving Company, expenditure are available in the current operating budgets, as appropriated, of the ohmann Asphalt Com- General Fund and Water and Sewer Operating. Funds; and recommending that the City any, J.L. Bertram, Council authorize a purchase agreement based on unit prices subject to availability, paisTexas, Fort Worth distance from job site to plant site (crew time), and material unit price with Reynolds ivision, and Vulcan Asphalt & Construction, Austin Paving Company, Gohmann Asphalt Company, J.L. Bertram, aterials Company Apac-Texas, Fort Worth Division, and Vulcan Materials Company, with terms of agreement to be effective April 11, 1992, through April 10, 1993. It was the consensus of the City Council that the recommendations be adopted. &C P-5579 re urchase from Rainbow There was presented Mayor and Council Communication No. P-5579 from the City dvertising Manager submitting a tabulation of bids received for the purchase of lapel pins for the City Secretary's Office; 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 lapel pins from Rainbow Advertising for an amount of $9,200.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-5580 re There was presented Mayor and Council Communication No. P-5580 from the City purchase from Southwes Manager submitting a tabulation of bids received for the purchase of labor and parts to International overhaul a Cummins engine for the City Services Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the Equipment Services Operating Fund; and recommending that the purchase be made from Southwest International for an amount not to exceed $9,681.31 net, f.o.b. Fort Worth. It was the consensus of the City Council.that the recommendation be adopted. M&C P-5581 re There was presented Mayor and Council Communication No. P-5581 from the City purchase from STM Manager submitting a quotation received for a purchase agreement for the purchase of Equipment Minutes of City Council U-3 Page 12 Tuesday, April 14, 1992 M&C P-5581 cont. genuine O.E.M. Elgin Sweeper Parts for the City Services Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the Equipment Services Operating Fund; and recommending that the purchase agreement be authorized with STM Equipment, sole source, on unit prices based on the "Elgin Parts Price List", with term of agreement to begin May 1, 1992, and end April 30, 1993, with the City's option to renew for two additional one year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5582 re There was presented Mayor and Council Communication No. P-5582 from the City agreement with Manager stating that a purchase agreement was authorized on April 30, 1991, by Mayor Central Dental Labors and Council Communication No. P-4919 with a renewal option for two additional years to tory, Inc. Central Dental Laboratory, Inc., to supply full dentures and relines for the Health Department; that the vendor has performed this service at a satisfactory level and the Health Department has requested the first renewal option be exercised; that the vendor has agreed to the extension for an additional year; that the estimated expenditure for this agreement is $21,000.00; that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council exercise the option to renew the purchase agreement with Central Dental Laboratory, Inc., to supply full dentures and relines for the Health Department on its low bid of unit prices net, at $130.00 per unit for full dentures and $25.00 per unit for relines, with term of M&C P-5585 re agreement to begin April 1, 1992, and end March 31, 1993, with option to renew for one renewal from National year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5583 re There was presented Mayor and Council Communication No. P-5583 from the City agreement with Data Manager stating that the Information Systems and Services Department continues to Application Corpora- require a 24 hour/seven day maintenance agreement for approximately 153 modems; that tion Data Application Corporation has pp p performed satisfactorily and continues pricing as approved by the City Council on August 6, 1991, by Mayor and Council Communication No. P-5114; that the estimated expenditure for this agreement is $35,900.00; that the Director of Fiscal Services certifies that funds required for this expenditure during the 1991-1992 fiscal year are available in the current operating budget, as appropriated, of the General Fund, and the funds required for the 1992-1993 fiscal year will be included in the proposed budget; and recommending that the City Council authorize the first option to renew with Data Application Corporation, with term of agreement to begin June 1, 1992, and end May 31, 1993, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be M&C P-5585 re adopted. M&C P-5584 re There was presented Mayor and Council Communication No. P-5584 from the City purchase from Calcomp Manager submitting a tabulation of bids received for an Electrostatic Color Plotter for Inc. the Information Systems and Services Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget of the General Fund; that no funds were budgeted for this purpose; however, funds are available due to a previous supplemental appropriation as a result of a partnership agreement with Southwestern Bell Telephone Company for an exchange of data, with SWBT paying the City as part of the exchange; and recommending that the City Council authorize the purchase from Calcomp Inc., on its low bid meeting specifications of $34,385.00 F.O.B. Anaheim, California, with a 36 month maintenance agreement, for $150.00 per month for an amount not to exceed $5,400.00 after the warranty expires. It was the consensus of the City Council that the recommendations be adopted. M&C P-5585 re There was presented Mayor and Council Communication No. P-5585 from the City renewal from National Manager stating that the City Council approved the Annual Computer Output Microfiche Business Systems, Inc Service Agreement on April 9, 1991, by Mayor and Council Communication No. P-4877 with National Business Systems for the Information Systems and Services Department; that the service has been satisfactory and the prices are remaining as originally quoted, therefore, it is requested that the first option of two be exercised; that the estimated expenditure for Fiscal Year 1992-1993 is $25,000.00; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the General Fund; and recommending that the City Council exercise its option to renew the Annual Computer Output Microfiche Service for the Information Systems and Services Department from National Business Systems, Inc., with term of agreement to begin May 1, 1992, and end April 30, 1993, with a remaining one year option to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-5586 re There was presented Mayor and Council Communication No. P-5586 from the City purchase from Intec, Manager submitting a tabulation of bids received for the purchase of continuous forms Inc. for the Information Systems and Services 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 Intec, Inc., Duplex Products, and Mastercraft Business Forms based on low bid per item, plus ten percent allowance for overage, not to exceed $10,043.55, f.o.b. Fort Worth, inside delivery. It was the consensus of the City Council that the recommendations be adopted. M&C P-5587 re purchase agreements There was presented Mayor and Council Communication No. P-5587 from the City with Mann Farm & Manager submitting a tabulation of bids received for purchase agreements for the Ranch and Harpool purchase of bulk fertilizer for the Park and Recreation Department; stating that the Fertilizer Company Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Golf Course Fund; and recommending that the purchase agreements be authorized with Mann Farm & Ranch and Harpool Fertilizer Company for a total amount not to exceed $20,937.00 net, F.O.B., Fort Worth, with term of agreements to begin April 14, 1992, and end April 13, 1993. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council U-3 Page 13 14 Tuesday, April 14, 1992 M&C P-5588 re There was presented Mayor and Council Communication No. P-5588 from the City purchase from G.S. Manager submitting a tabulation of bids received for the purchase of golf course Service aerification for the Park and Recreation Department; stating that the Director of Fiscal Services certifies that funds necessary for this expenditure are available in the current operating budget, as appropriated, of the Golf Fund; and recommending that the purchase be made from G.S. Service on its low bid not to exceed $5,721.25 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5589 re There was presented Mayor and Council Communication No. P-5589 from the City purchase from BWI- Manager submitting a tabulation of bids received for the purchase of 18 tons of bagged Dallas/Fort Worth fertilizer for the Golf Course Division; 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 Golf Course Fund; and recommending that the City Council authorize the purchase with BWI-Dallas/Fort Worth on its bid, meeting City specifications, of $625.20 per ton for a total amount not to exceed $11,253.60 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5590 re purchase purchase from SWI- There was presented Mayor and Council Communication No. P-5590 from the City Dallas/Fort Worth and Manager submitting a tabulation of bids received for the purchase of agricultural Wilbur -Ellis Company Pesticides for the Golf Courses; stating that the Director of Fiscal Services certifies united Medical that funds required for this expenditure are available in the current operating budget, Supply as appropriated, of the Golf Fund; and recommending that the purchase be made from BWI- appropriated, of the General Fund; that no funds were budgeted for Dallas/Fort Worth and Wilbur -Ellis Company for a total amount not to exceed $9,409.95 funds budgeted for Other Contractual Services for the Special net, F.O.B. Fort Worth. It was the consensus of the City Council that the the Police Department will be used for this expenditure; and recommendation be adopted. recommending that the M&C P-5591 re purchase from General There was presented Mayor and Council Communication No. P-5591 from the City Medical Corporation, Manager submitting a tabulation of bids received for the purchase of medical and safety Dynasty Medical Pro- supplies for the Police Department; stating that the Director of Fiscal Services ducts, united Medical certifies that funds required for this expenditure are available in the current Supply Company, and operating budget, as appropriated, of the General Fund; that no funds were budgeted for Medical and Surgical this purpose; however, funds budgeted for Other Contractual Services for the Special Safety Supply Services Division of the Police Department will be used for this expenditure; and recommending that the purchase of medical and safety supplies be made from General Medical Corporation, Dynasty Medical Products, United Medical Supply Company, and Medical and Surgical Safety Supply for a total amount not to exceed $8,421.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5592 re There was purchase from Busy presented Mayor and Council Communication No. P-5592 from the City Body, Inc. Manager submitting a tabulation of bids received for the purchase of exercise equipment for the Police Department; stating that the Director of Fiscal Services certifies that the money for the anticipated expenditure is available in the current capital budget, as appropriated, of the Public Safety Improvements Fund; and recommending that the purchase be made from Busy Body, Inc., on its total overall bid, meeting City specifications, of $6,139.90 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5593 re There was presented Mayor and Council Communication No. P-5593 from the City purchase with Manager submitting a tabulation of bids received for a purchase agreement to furnish Hutchinson Salt Com- bulk salt for the Transportation and Public Works Department; stating that the Director pany of Fiscal Services certifies that funds required for this expenditure are available in the current budget, as appropriated, of the General Fund; and recommending that the purchase agreement be authorized with Hutchinson Salt Company on its low bid of $42.75 per ton, f.o.b. Fort Worth, with term of agreement to begin April 14, 1992, and end April 13, 1993. It was the consensus of the City Council that the recommendations be adopted. &C P-5594 re There was urchase with Slack presented Mayor and Council Communication No. P-5594 from the City uckner Systems Manager submitting a tabulation of bids received for the purchase of cooling tower repair 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 from Slack Buckner Systems on its low bid meeting specifications of $22,657.00, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5595 re There was presented Mayor and Council Communication No. P-5595 from the City purchase with Hastik Manager stating that the Water Department will use this agreement to obtain parts and And Associates, Inc. service for Genuine B.I.F. parts; that Hastik and Associates, Inc., were to be the sole representative for this area, but their contract with Leed and Northrup was dissolved on January 1, 1992; that the new representative for this area, Centrol, Inc., has agreed to honor the existing agreement at the same unit cost; that the vendor based his prices on estimated quantities, however, no guarantee has been made that a specific quantity of goods or services will be purchased; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council cancel the purchase agreement (M&C P-5237, October 1, 1991) for Genuine B.I.F. parts for the Water Department with Hastik And Associates, Inc., and authorize a purchase agreement for Genuine B.I.F. parts with Centrol, Inc., for the Water Department on a sole source bid of list price plus 15 percent net, F.O.B. North Wales, Pa., with term of agreement to begin April 14, 1992, and end April 13, 1993, with the option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council U-3 Page 14 15 Tuesday, April 14, 1992 MAC P-5596 re There was presented Mayor and Council Communication No. P-5596 from the City purchase with Davis Manager stating that the City Council authorized a one-year purchase agreement, with Company option to renew annually for two years on April '16;' 1991, by Mayor and Council Communication No. P-4886 with the Davis Company to provide electric maintenance of metering stations for the Water Department; that service has been satisfactory and staff recommends exercising the first year renewal option; that Village Creek Wastewater Treatment Division estimates spending approximately $10,000.00 during the one-year period; 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 City Council exercise its first option to renew a purchase agreement for electric maintenance of metering stations with the Davis Company for the Water Department at a labor rate of $27.00 per hour, parts provided at discount of ten percent from dealer's list price, with term of agreement to begin April 17, 1992, and end April 17, 1993, with one additional one-year renewal option. It was the consensus of the City Council that the recommendations be adopted. MAC P-5597 re There was presented Mayor and Council Communication No. P-5597 from the City purchase with Leopold Manager submitting a quotation received for a purchase agreement for parts, labor, and Company, Inc. training for Leopold Equipment for the Water Department; stating that the Director of acquisition of tem- fiscal Services certifies that the funds required for this expenditure are available in porary construction the current operating budget, as appropriated, of the Water and Sewer Operating fund; easement and recommending that the sole source purchase agreement be authorized with Leopold Company, Inc., on unit.prices,� with term of agreement to begin February 25, 1992, and end February 24, 1993. It was the consensus' of the City Council that the recommendations be adopted. MAC P-5598 re There was presented Mayor -and Council Communication No. L-10896 from the City purchase from Audubon There was presented Mayor and Council Communication No. P-5598 from the City Indemnity Company Manager submitting a quotation received for the purchase of liquor liability insurance for the Risk Management 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 Insurance Fund; and.recommending that the purchase of liquor liability insurance be authorized from Audubon Indemnity Company through the Key Piskuran Insurance Agency for the Risk Management Department for an amount not to exceed $6,000.00. On motion of Council Member Chappell, seconded by Council Member Meadows, the recommendation was adopted. MAC L-10894 re There was presented Mayor and Council Communication No. L-10894 from the City payment to West Texas Manager stating that the City entered into an agreement with West Texas Industries on Industries Corpora- May 1, 1989, for access across its property to an otherwise land -locked piece of City - tion owned property which is being used by the Department of Transportation/Public Works to place fill material; that -the Transportation and Public Works is in need of this area and an agreement has been reached to renew the access agreement for a year until April 30, 1993; that the Director of Fiscal Services certifies that funds required for this acquisition are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City. Council authorize a payment of $2,500.00 to West Texas Industries Corporation for a one year right -of -access across its property from Old Mill Creek Road to the City -owned property, Lot 1, Block 1, Shady Oaks Manor Village. It was the consensus of the City Council that the recommendation be adopted. MAC L-10895 re There was presented Mayor and Council Communication No. L-10895 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 4, Block 4, Home Acres Addition easement (4924 Eastland Street); -.find that $1.00 is just compensation from William James Clemons 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. MAC L-10896 re There was presented Mayor -and Council Communication No. L-10896 from the City release to NationsBan Manager stating that, in 1985, as part of the platting process for Lots 2-R, 3-R, and of Texas, N.A. 4-R, Block D of Country Day Park Addition, the City was given a first right of refusal on the unsold portion of Lot 4-R; that the right was contained in the warranty deed from a lender to the developer, of the property; that the developer subsequently went bankrupt and the lender became insolvent and was closed by Federal banking authorities; that NationsBank of Texas, N.A.; the successor in interest to the lender, would like to sell the remainder of Lot 4-R; that the first right of refusal gives the City the right to refuse to purchase the.remainder: of Lot.4-R; that NationsBank has offered the City the right to exercise this option; that.the Director of Fiscal Services certifies that the expenditure of City funds is not required for the granting of this release; and recommending that the City Council authorize the City Manager to release to NationsBank of Texas, N.A., the City's first right of refusal to purchase the unsold portion of Lot 4-R, Block D, Country Day Park Addition. Mayor Pro tempore Mayor Pro tempore Webber advised City -Council that she is disqualified from Webber re MAC L-10896 disqualified voting on Mayor and Council Communication No. L-10896 involving NationsBank of Texas, from voting N.A. Council Member I Council Member Chappell disclosed his firm's credit card interest with Chappell re MAC NationsBank of Texas, N.A. L-10896 Council Member Silcox Council Member Silcox'disclosed that he has a contract with NationsBank of Texas, re MAC L-10896 N.A. Council Member Matson re MAC L-10896 Council Member Matson disclosed NationsBank of Texas, N.A. owes him money. Minutes of City Council U-3 Page 15 10 Tuesday, April 14, 1992 Council Member.,McCray made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-10896 be •adopted.. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell 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 An -the City: of -Fort Worth's financial accounting system upon receipt, of the letter of •obligational authority from Texas Departmentiof 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 Sumner 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. D. Execute a contract in the amount -of $76,985 with Fort Worth 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 Minutes of City Council U-3 Page 16 NOES: None ABSENT: N, NOT VOTING: Mayor Pro tempore Webber M&C L-10897 re There was presented Mayor -and Council .Communication No.:L-10897 from the City leasing of area on Manager stating that Marina Park is located on -Lake Worth adjacent to Lake Worth Marina Lake Worth which Mr. Al Souders owns and operates; that the area within Marina Park is a high - crime area; that Mr. Souders will be responsible for the maintenance, management, and the improvements to the park;.that the area has presented serious problems for the Park Police and City Police for many years; that gang -related problems have been frequent in recent years; and, overcrowding has presented ;parking problems; that Mr. Souders' proposal would relieve the City of a financial burden and -create a much larger facility with adequate parking; and recommending that the City Council 'approve the leasing of the area on Lake Worth known as Marina Park for $1.00 per -year to Al Souders to operate and maintain Marina Park, with the lease will be for one year beginning April 15, 1992, and ending April 14, 1993. It was the consensus of the City Council that the recommendation be adopted. NQC C-13298 re There was presented Mayor and Council Communication No. C-13298, dated March 31, grant application with 1992, from the City Manager- recommending that the City Council authorize the City Texas Department of Manager to: Commerce 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 An -the City: of -Fort Worth's financial accounting system upon receipt, of the letter of •obligational authority from Texas Departmentiof 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 Sumner 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. D. Execute a contract in the amount -of $76,985 with Fort Worth 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 Minutes of City Council U-3 Page 16 17 Tuesday, April 14, 1992 H. Execute a contract in the amount of $44,900 with Tarrant County C C-13298 cont.11 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. R. 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. It is 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 Puente Council Member Puente requested permission of the City Council that he and and Council Member Council Member Chappell be permitted to abstain from voting on Mayor and Council Chappell re M&C Communication No. C-13298 involving Fort Worth Independent School District. C-13298 abstain from voting Council Member McCray made a motion, seconded by Council Member Matson, that Mayor and Council Communication No. C-13298 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. , Reconsider M&C C-13298 Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. C-13298 be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13298 re grant application with There was presented Mayor and Council Communication No. C-13298, dated March 31, 1992, Texas Department of 11from the City Manager recommending that the City Council authorize the City Manager to: Commerce L. 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. 1. 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. D. Execute a contract in the amount of $76,985 with Fort Worth Independent School District to provide Summer Youth Work Minutes of City Council U-3 Page 17 W M&C C-13298 cont. Tuesday, April 14, 1992 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. It is 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 Matson made a motion, seconded by Council Member Silcox, that Council Members Puente and Chappell be permitted to abstain f,. -:m voting on Mayor and Council Communication No. C-13298. When the -motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Matson made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. C-13298 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None Zi.:�:.A_ NOT VOTING: Council Members Puente and Chappell M&C C-13306 re There was presented Mayor and Council Communication No. C-13306 from the City contract with Camp Manager, as follows: Dresser and McKee, Inc. SUBJECT: EMPLOYMENT OF CAMP DRESSER AND MCKEE, INC. TO PERFORM COST ALLOCATION OF WASTEWATER PLANT FACILITIES It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with Camp Dresser and McKee, Inc.,'in an amount not to exceed $35,000 for assistance in preparing for the rate hearing before the Texas Water Commission regarding the City of Arlington's challenge to Fort Worth's wastewater rates, and Minutes of City Council U-3 Page 18 19 Tuesday, April 14, 1992 2. Adopt the attached supplemental'appropriation ordinance increasing the M&C C-13306 cont. Water and Wastewater appropriation by $35,000 and decreasing the Unreserved, Undesignated Water and Wastewater Fund balance by the same amount. DISCUSSION• The City of Arlington has filed three rate petitions with the Texas Water Commission against the City of Fort Worth's wastewater charges. The first case was heard by the Texas Water Commission in November, 1990. In February, 1992, the Commission established a discovery and hearing schedule for the other two rate petitions which requires Fort Worth to file a cost of service study for wastewater services by June 15, 1992. To prepare for the rate case hearing, extensive research, meetings and coordination between legal, engineering and accounting consultants and staff must be accomplished. The firm of Camp Dresser and Mckee would fulfill the role of an expert witness in the engineering field. Their background in previous case work before the Texas Water Commission makes them uniquely qualified to perform this work. Additionally, they are capable of meeting the strict time schedule established by the Commission. Principal elements of the workplan would include: +� Review of existing documentation and work papers used to prepare the rates, the Arlington wastewater service contract and petitions filed by the City of Arlington as related to the rate case. * Finalize revenue requirement report and prepare testimony for submission to the Texas Water Commission. +� Participate in meetings with City staff, legal counsel and accounting consultant. +� Assist in the discovery process and participate in the discovery process, +� Additional tasks as required by the Director of the Water Department concerning the Arlington rate case. Camp Dresser and McKee, Inc., will assign an individual with particular expertise in this field to conduct all sresearch and provide expert testimony; therefore, services of a DBE will not be utilized. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the supplemental appropriation ordinance funds required for this expenditure will be available in the Water and Sewer Operating Fund. M&C C-13306 adopted On motion of Council Member Meadows; seconded Eby, Council Member Silcox, the recommendations, as contained in Mayor and Council Communication No. C-13306, was adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray,;Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11069 II ORDINANCE NO. 11069 AN ORDINANCE APPROPRIATING $35,000.00 TO THE WATER AND WASTEWATER OPERATING FUND AND 'DECREASING THE UNRESTRICTED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING FEES TO CAMP DRESSER AND MCKEE, INC. FOR THE PURPOSE OF PERFORMING COST ALLOCATION OF WASTEWATER PLANT FACILITIES AND ASSISTANCE IN PREPARING APPROPRIATE RESPONSE TO CITY OF ARLINGTON'S CHALLENGE TO FORT WORTH'S WASTEWATER RATES; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C C-13307 re There was presented Mayor and Council Communication No. C-13307 from the City contract with Manager, as follows: Financial Concepts and Applications, Inc. Minutes of City Council U-3 Page 19 20 cont. Tuesday, April 14, 1992 SUBJECT: EMPLOYMENT OF FINANCIAL CONCEPTS AND APPLICATIONS, INC. TO CONDUCT COST OF SERVICE RATE STUDIES RECOMMENDATION• It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with Financial Concepts and Applications, Inc., in an amount not to exceed $80,000 for the purpose of preparing cost of service studies and providing expert testimony for the Arlington rate cases, and 2. Adopt the attached supplemental appropriation ordinance increasing the Water and Wastewater appropriation by $80,000 and decreasing the Unreserved, Undesignated Water and Wastewater Fund balance by the same amount. DISCUSSION• The City of Arlington has filed three rate petitions with the Texas Water Commission against the City of Fort Worth's wastewater charges. The first case was heard by the Texas Water Commission in November, 1990. " -In February, 1992, the Commission established a discovery and hearing schedule for the other two rate petitions which requires Fort Worth to file a cost of service study for the other two rate cases by June 15, 1992. It is proposed that Financial Concepts and Applications, Inc., be employed to conduct this study and prepare testimony for the upcoming hearing. The firm has had significant background in rate development, experience with Fort Worth's wholesale contracts and in providing expert testimony before the Commission. Additionally they are capable of meeting the strict time deadlines established by the Commission. Principal elements of the workplan would include: • Review and analyze test year data. • Develop overall wastewater revenue requirements. • Allocate revenue requirements among customer classes and services. • Design rates to recover revenue requirements. • Prepare testimony for submission to the Texas Water Commission. • Participate in meetings with City staff, legal counsel and engineering consultant. • Assist in the discovery process. • Additional tasks as required by the Director of the Water Department concerning the Arlington rate case. Financial Concepts and Applications, Inc., will assign an individual with particular expertise in this field to conduct all research and provide expert testimony; therefore, services of a DBE will not be utilized. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the supplemental appropriation ordinance funds required for this expenditure will be available in the Water and Sewer Operating Fund. X C-13307 adopted On motion of Council Member Meadows, seconded by Council Member Chappell, the recommendations, as contained in Mayor and Council Communication No. C-13307, was adopted. ntroduced an Council Member Meadows introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council U-3 Page 20 inance No. 11070 Tuesday, April 14, 1992 ORDINANCE NO. 11070 AN ORDINANCE APPROPRIATING $80,000.00 TO THE WATER AND WASTEWATER OPERATING FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING FEES TO FINANCIAL CONCEPTS AND APPLICATIONS, INC. FOR THE PURPOSE OF PREPARING COST OF SERVICE STUDIES AND PROVIDING EXPERT TESTIMONY FOR THE ARLINGTON RATE CASES; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. 21 &C C-13312 re There was presented Mayor and Council Communication No. C-13312 from the City pproved bond fund Manager stating that the City Council authorised execution of an engineering agreement ransfer with Rady with Rady and Associates, Inc., on July 31, 1990, by Mayor and Council Communication nd Associates, Inc. No. C-12451 for preparations of plans and specifications for the Village Creek Collector Parallel Sewer, Contract III; that, during the design stage, it was discovered that additional design would be required to obtain a permit from the Texas Department of Highways and Public Transportation; that the additional work includes realignment of 500 linear feet of the 54 -inch sewer main and revising grading plans to maintain access for highway maintenance personnel; revising one sanitary sewer easement due to a change in sewer alignment; adding 500 linear feet of 24 -inch storm drain and channel; and setting control stakes during construction; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the State Revolving Fund -Sewer; and recommending that the City Council authorise a bond - fund transfer in the amount of $15,000.00 from State Revolving Loan Fund, Unspecified to State Revolving Loan Fund, Village Creek Collector Parallel Sewer, Contract III, and authorise the City Manager to execute Amendment No. .1�to_..the engineering agreement with Rady.. and Associates, Inc., City Secretary Contract .No...18023, for engineering services related to the Village Creek Collector Parallel Sewer, Contract III increasing the fixed fee amount by $15,000.00 from $50,000.00 to $65,000.00. It was the consensus of,- the City Council that the recommendations be adopted. ouncil Member Chappell Council Member Chappell advised City Council that he has a conflict of interest e M&C C-13313 conflict in voting on Mayor and Council Communication No. C-13313. f interest Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-13313 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None. NOT -VOTING: Council Member Chappell &C C-13313 re There was presented Mayor and Council Communication No. C-13313 from the City greement with Albert Manager stating that -.the sewer rehabilitation . includes design of plans and . halff Associates, specifications for.the rehabilitation of-Sanitary.Sewer L-1194, L-1201, and L-2208 in nc. Berkeley Addition; ..L-485 in Mistletoe. Heights Addition; and LC -2592 in Washington Terrace; that the project is located in Districts 7 and 9; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as, appropriated, of the, Water .and Sewer Operating Fund; and recommending that the City Manager be authorised to, execute an agreement with Albert H. Halff Associates, Inc., for Sanitary Sewer Rehabilitation, Contract XXV for a total fee not to exceed $105,100.00, and authorise a fund transfer in the amount of $109,441.00, which includes $4,341.00 for plan review by the Water Department from Water and Sewer Operating Fund, -Sewer -Project to Sewer Capital Improvement Fund, Sewer Rehabilitation, Contract XXV. &C C-13314 re There was presented Mayor and Council Communication No. C-13314 from the City oint resolution be- Manager,.as follows: ween Fort Worth and _ R rlington SUBJECT: JOINT RESOLUTION AND AGREEMENT FOR FORT WORTH/ARLINGTON BOUNDARY ADJUSTMENT - PROPOSED GREEN OAKS BOULEVARD/VILLAGE CREEK AREA (FORT WORTH TO DISANNEX 65.6 ACRES) RECOMMENDATION:. It is recommended that the City Council: 1. Approve the attached Joint Resolution and Agreement adjusting the common corporate boundary and extraterritorial jurisdiction between Fort Worth and Arlington, and 2. Direct the staff .to prepare- a disannexation ordinance in order to accomplish the proposed boundary adjustment, DISCUSSION• In late 1991 , the cities of Fort Worth and Arlington signed an interlocal agreement, reference M&C C-13067, for the construction of Green Oaks Minutes of City Council U-3 Page 21 22 Tuesday, April 14, 1992 Boulevard from Randol Mill Road to approximately Fielder Road. As a M&C C-13314 cont. condition to this agreement, Fort Worth is required to disannex a portion of the Village Creek floodway adjacent to Green Oaks Boulevard. This area will be used for realignment and environmental mitigation of Village Creek by the City of Arlington. All maintenance responsibilities of this area will transfer to the City of Arlington. The total area being considered for disannexation is 65.6 acres, none of which is developable. The Departments of Water and Transportation/Public Works, acting on behalf of the City of Fort Worth, are jointly requesting disannexation of this area in order to comply with the provisions of the interlocal agreement. The Development Review Committee recommended approval of this proposed disannexation on January 23, 1992. The City Plan Commission recommended approval of the request on January 29, 1992. LOCATION• The site parallels the west side of Village Creek (current boundary line with Arlington), north of Meadowbrook Blvd. The site is located in COUNCIL DISTRICT No. 4. M&C C-13314 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13314, be adopted. Introduced an Council Member Chappell introduced a resolution and made a motion that it be resolution adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; ' Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Joint Resolution and II JOINT RESOLUTION AND AGREEMENT Agreement No. 1819 I No. 1819 STATE OF TEXAS § KNOW ALL MEN BY,THESE PRESENTS: COUNTY OF TARRANT § WHEREAS, the City of Fort Worth is a home rule city lying and being situated within the confines of the County of Tarrant, State of Texas; and WHEREAS, the City of Arlington is a home rule city lying and being situated within the confines of the County of Tarrant, State of Texas; and WHEREAS, the City of Fort Worth and the City of Arlington desire to adjust their boundary lines to facilitate the development and maintenance of property within their respective jurisdictions: NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF ARLINGTON: SECTION 1. THAT the following boundary realignment between the City of Fort Worth and the City of Arlington, as hereafter described, is in the best interests of the property owners and inhabitants of both cities and that the City of Fort Worth and the City of Arlington will proceed with due diligence in adopting the necessary disannexation and annexation ordinances adjusting their respective corporate boundaries and all other proceedings necessary to effectuate this agreement. SECTION 2. THAT the City of Fort Worth and the City of Arlington do hereby covenant and agree to protect, preserve and defend the hereinafter described boundary realignment. SECTION 3. THAT the City of Fort Worth hereby agrees to discontinue from its corporate boundary and to release all its jurisdictional rights it may have in and to all territories embraced within the area shown on map Exhibit "A", attached hereto and made a part hereof, and described by metes and bounds as follows: BEING a 65.604 acre tract of land out of the M.G. Elkins Survey, Abstract No. 502, the J.L. Hallum Survey, Abstract No. 723, the J. Smith Survey, Abstract No. 1446 and the S. Moore Survey, Abstract No. 1057, Tarrant Minutes of City Council U-3 Page 22 23 Tuesday, April 14, 1992 County, Texas. Said 65.604 acre tract being part of 27.4163 acre tract of Resolution No. 1819 land conveyed by deed to Village on the Creek Joint Venture as recorded in cont. Volume 8069, Page 1418, Deed Records, Tarrant County, Texas and also being part of a 55.114 acre tract and a 35.985 acre tract of land conveyed be deed to Village on the Creek Joint Venture as recorded in Volume 8106, Page 1075, Deed Records, Tarrant County, Texas. Said 65.604 acre tract being more particularly described as follows: BEGINNING at a point for in the south right -of -wap line of Interstate Highway 30 (a variable width R.O.W.), said point also being the northwest corner of the aforementioned 35.985 acre tract, said point also being in the new west city limit line of the City of Arlington and the new east city limit line of the City of Fort Worth. THENCE along said new city limit line as follows: THENCE south 30'13'52" west, leaving said south right-of-way line and along the west line of said 35.985 acre tract, a distance of 794.49 feet to a point for corner, said point being the most westerly southwest corner of said 35.985 acre tract; THENCE south 69'04'04" east, along said south line, a distance of 352.74 feet to a point for corner, said point being the center of Village Creek, said point also being the old west city limit line of the City of Arlington and the old east city limit line of the City of Fort Worth; THENCE along said center of Village Creek and said common old city limit line as follows: THENCE north 48'31' 13" east, a distance of 14.66 feet to a point for corner; THENCE north 86'27'34" east, a distance of 415.31 feet to a point for corner.; THENCE north 52'30'02" east, a distance of 324.00 feet to a point for corner; THENCE north 49'58'26" east, a distance of 230.00 feet to a point for corner; THENCE north 69'58'26" east, a distance of 238.00 feet to a point for corner; THENCE north 43'58'26" east, a distance of 210.00 feet to a point for corner; THENCE north 37'54'48" east, passing at 176.03 feet, the south right-of-way line of said Interstate Highway 30, a total distance of 248.50 feet to a point for corner, said point being the point of curvature of a curve to the left, having a delta of 38'07' 14" a radius of 250.00 feet, a tangent length of 86.38 feet and a chord bearing and distance of north 18'15'11" east, 163.28 feet; THENCE northeasterly, along the arc of said curve to the left, a distance of 166.33 feet to a -point for corner, said point.being the point of reverse curvature of a curve to the right, having a delta of 26'30'57", a radius of 500.00 feet, a tangent length of 117.81 feet- and a chord bearing and distance of north 13'03' 13" east, 229.33 feet; THENCE northeasterly, along the arc of said curve to the right, passing at 226.36 feet, the north right-of-way line of said Interstate Highway 30, a total distance of 231.39 feet to a point for corner; .THENCE North 26' 18' 31" east, a distance of 75.86 feet to a point for corner, said point being the point of curvature of a curve to the left, having a delta of 51'54'47", a radius of 400.00 feet, a tangent length of 194.72 feet and a chord bearing and distance of north 00'21'08" east, 350.15 feet; THENCE northeasterly, along the arc of said curve to the left, a distance of 362.42 feet to a point for corner; THENCE north 28'30'54" west, a distance of .16.84 feet to a point for corner,.said point being, the point of curvature of a curve to the right, having a delta of 44'38'54", a radius of 200.00 feet, a tangent length of 82.12 feet and a chord bearing and distance of north 06'11'27" west, 151.94 feet; .THENCE northwesterly, along the arc of said curve .to the right, a distance of 155.85 feet to a point for corner; :THENCE north 16'07'59" east, a, distance ,of 205.94 feet to a point for corner, said point being the point of curvature of a curve to the left, having a delta of 31'38' 14" a radius of 300.00 feet, a tangent length of 85.02 feet and a chord bearing and distance of north 00'18'39" east, 163.59 feet; Minutes of City Council U-3 Page 23 24 Tuesday, April 14, 1992 THENCE northeasterly, along the arc of said curve to the left, a distance Resolution No. 1819 of 165.69 feet to a point for corner; cont. 11 THENCE north 15'30'41" west, a distance of 133.27 feet to a point for corner, said point being the point of curvature ,of a curve to the right, having a delta of 38' 20' 43" a radius of 109.89 feet, a tangent length of 38.21 feet and a chord bearing and distance of north 01'59' 19" east, 72.18 feet; THENCE northeasterly along the arc of said curve to the right, a distance of 73.54 feet to a point for corner, said point being the point of compound curvature to a curve to the right,, having a'delta of 10.9'05'37", a radius of 75.00 feet, a tangent length of 105.33 feet and a chord bearing and distance of north 75'42'29" east, 122.19 feet; THENCE northeasterly, along the, arc of said curve, to the right, a distance of 142.80 feet to a point for corner; THENCE south 49'44'42" east, a distance of 86.73 feet to a point for _ corner, said point being the point of curvature of a curve to the left, having a delta of 140'39'20", a radius of 50.31 feet, a tangent length of 140.72 feet and a chord bearing and distance of north 59'55'38" east, 94.75 feet; THENCE northeasterly, along the arc of said curve to the left, a distance of 123.50 feet to a point for corner; THENCE north 10'24'02" west, a distance of 70.31 feet to a point for corner, said point being the point of curvature of a curve to the left, having a delta of 62'38'38", a radius of 105.74 feet, a tangent length of 64.35 feet and a chord bearing and distance of north 41'43'21" west, 109.94 feet; THENCE northwesterly, along the are of said curve to the left, a distance of 115.61 feet to a point for corner, said point being the point of reverse curvature of a curve to the right, having a delta of 13'02'20", a radius of 200.00 feet, a tangent length of 22.86 feet and a chord bearing and distance of north 66'31'30" west, 45.42 feet; THENCE northwesterly, along the arc of said curve' to the right, a distance of 45.51 feet to a point. for corner, said point being the point of compound curvature of a curve to the right, having a delta of 27'44'38", a radius of 281.94 feet, a tangent length of 69.63 feet and a chord bearing and distance of north 46'08'01" west, 135.19 feet; THENCE northwesterly, along the arc of said curve. to the right, a distance of 136.52 feet to a point for corner; THENCE north 19'54'37" west, a distance of 94.11 feet to a point for corner, said point being the point of curvature of a curve to the right, having a delta of 80'10'08", a radius of 75.00 feet, a tangent length of 63.12 feet and a chord bearing and distance of north 20'10'27" east, 96.59 feet; THENCE northeasterly, along the arc of said curve to the right, a distance of 104.94 feet to a point for corner, said point being the point of compound curvature of a curve to the right, having a delta of 22'14'33", a radius of 116.53 feet, a tangent length of 22.91 feet and a chord bearing and distance of north 71'22'47" east, 44.95 feet; THENCE northeasterly, along the arc of said curve to the right, a distance of 45.24 feet to a point for corner, said point being the point of reverse curvature of a curve to the left, having a delta of 95'38' 17" a radius of 100.00 feet, a tangent length of 110.36 feet and a chord bearing and distance of north 34'40'56" east, 148.21 feet, THENCE northeasterly, along the arc of said curve to the left, a distance of 166.92 feet to a point for corner, said point being the point of compound curvature of a curve to the left, having a delta of 61'52'51" a radius of 117.84 feet, a tangent length of 70.64 feet and a chord bearing and distance of north 44'04'38" west, 121.17 feet;* THENCE northwesterly, along the arc of said curve to the left, a distance of 127.26 feet to a point for corner, said point being the point of reverse curvature of a curve to the right, having a delta of 52'5926", a radius of 257.65 feet, a tangent length of 128.43 feet and a chord bearing and distance of north 49'24'04" west, 229.88 feet; THENCE northwesterly, along the arc of said curve to the right, a distance of 238.29 feet to a point for corner, said point being the point of compound curvature of a curve to the right, having a delta of 105'55'39", a radius of 100.00 feet, a tangent length of 132.53 feet and a chord bearing and distance of north 30'03'29" east, 159.65 feet; THENCE northeasterly, along the arc of said curve to the right, a distance of 184.88 feet to a point for corner, said point being the point of reverse curvature of a curve to the left, having a delta of 65' 48'26" a radius of Minutes of City Council U-3 Page 24 25 Tuesday, April 14, 1992 262.65 feet, a tangent length of 169.94 feet and a chord bearing and Resolution No. 1819 distance of north 50'07'06", east, 285.36 feet; cont. THENCE northeasterly, along the arc of said curve to the left, a distance of 301.67 feet to a point for corner, said point being the point of compound curvature of a curve to the left, having a delta of 82' 54' 45" a radius of 200.00 feet, a tangent length of 176.67 feet and a chord bearing and distance of north 24'14'30" west, 264.82 feet; THENCE northwesterly, along the arc of said curve to the left, a distance of 289.42 feet to a point for corner, said point being the point of compound curvature of a curve to the left, having a delta of 32' 21 '35" a radius of 441.25 feet, a tangent length of 128.03 feet and a chord bearing and distance of north 81'52'40" west, 245.91 feet; THENCE northwesterly, along the arc of said curve to the left, a distance of 249.21 feet to a point for corner, said point being the point of compound curvature of a curve to the left, having a delta of 17'36'57" a radius of 200.00 feet, a tangent length of 30.99 feet and a chord bearing and distance of south 73'08'04" west, 61.25 feet; THENCE southwesterly, along the arc of said curve to the left, a distance of 61.49 feet to a point for corner, said point being the point of reverse curvature of a curve to the right, having a delta of 23'01 '03" a radius of 166.55 feet, a tangent length of 33.91 feet and a chord bearing and distance of south 75'50'08" west, 66.46 feet; THENCE southwesterly, along the arc of said curve to the right, a distance of 66.91 feet to a point for corner, said point being in the said new city limit line of the City of Arlington and the City of Fort Worth; THENCE along said new city limit line as follows; THENCE south 00'26'53" west, a distance of 1,125.00 feet to a point for corner; THENCE south 89'50'37" west, a distance of 600.27 feet to a point for corner; THENCE south 00'27'35" west, a distance ;of 1,846.25 feet to a point for corner, -said point being in the south right-of-way line of said Interstate Highway 30, and the north line of said 35.985 acre tract; THENCE north 84'41'23" west, along said north line, said south right-of-way line and said common city limit line, a 'distance 564.34 feet to the POINT OF BEGINNING and CONTAINING 2,857,723.74 square feet or 65.604 acres of land, more or less. SECTION 4. THAT the City of Arlington hereby agrees to annex the property disannexed by the City of Fort Worth, as described herein and shown on map Exhibit "A", and the City of Arlington agrees to assume the rights and obligations appurtenant to said property. SECTION 5. THAT these terms and conditions set .forth shall become effective and binding on Fort Worth and Arlington 1by the adoption of this Joint Resolution and Agreement in regular open City Council meetings of the City of Fort Worth and the City of Arlington, and that this Joint Resolution and Agreement, upon adoption of both cities, shall be executed in several originals and shall be spread in full on the minutes of each city. A copy of this Joint Resolution and Agreement shall be executed by the Mayor and attested by the City Secretary of each city. C C-13315 re There was presented Mayor and Council Communication No. C-13315 from the City ntract with Ballard Manager submitting a tabulation of bids received for street improvements to McConnell nsulting and Con- Drive from Crowley Road to South Service Road of I.W. 20 and for water and sewer acting, Inc. replacements in McConnell Drive; stating that the Director of Fiscal Services certifies that funds required for this project are available in the current capital budgets, as appropriated, of the Water Capital Improvement Fund,°the Sewer Capital Improvements Fund, and the -Street Improvements Fund; and recommending that the City Council: 1. Approve a $72,572.00 fund transfer from the Water and Sewer Operating Fund, Water Capital Projects to the Water Capital Improvements Fund, Water Replacement, McConnell Drive, and 2. --Approve a $48,795 fund transfer from :the Water and Sewer Operating Fund, Sewer Capital Project to -the Sewer Capital Improvement Fund, Sewer Replacement, McConnell Drive, and 3. Approve a $118,384.88 bond fund transfer from the Inner City Streets Unspecified Project to the McConnell Drive, Crowley Road to South Service Road of I.H. 20 Project in the Street Improvements Bond Fund, and Minutes of City Council U-3 Page 25 a•] Tuesday, April 14, 1992 4. Authorize the City Manager to execute a contract with Ballard M&C C-13315 cont. Consulting and Contracting, Inc., in the amount of $112,384.88 with twenty-seven (27) working days for street paving improvements to McConnell Drive from Crowley Road to South Service Road of I.H. 20, and 5. Authorize the City Manager to execute a contract with J.C. Evans Construction in -the amount of $103,456 for water and sewer replacements in McConnell Drive. M&C C-13315 adopted II It was the consensus of the City Council that the recommendations be adopted. M&C C-13316 re There was presented Mayor and Council Communication No. C-13316 from the City contract with Walt Manager submitting a tabulation of bids received for reconstruction of Wonder Drive Williams Construction, from Welch Avenue to Wormar Drive; stating that the Director of Fiscal Services Inc. certifies that funds required for this project are available in the current Capital Budget, as appropriated, of the Street Improvements Fund; and recommending that the City Council approve bond fund transfers of $114,787.46 from the Inner City Streets, Unspecified Projects to Wonder Drive, from Welch Avenue to Wormar Drive Projects in the Street Improvement Bond Funds, and authorize the City Manager to execute a contract with Walt Williams Construction, Inc., for Reconstruction of Wonder Drive, from Welch Avenue to Wormar Drive, in the amount of $108,787.46, and 18 working days. It was the consensus of the City Council that the recommendations be adopted. M&C C-13317 re cont. for two weeks It was the consensus of the City Council that Mayor and Council Communication No. C-13317, Extension of City Secretary Contract No. 18082 Granting Privilege to Continental Limousine, Inc., to Operate a Limousine Sightseeing Service in Fort Worth, be continued for two weeks. M&C C-13318 re cont. for two weeks It was the consensus of the City Council that Mayor and Council Communication No. C-13318, Contract Granting License to TBS Transportation, Inc., to Provide Prearranged M&C C-13322 re Shared -Ride Van Service Between Fort Worth and D/FW Airport, be continued for two contract with Univer- weeks. M&C C-13319 re cont. for two weeks It was the consensus of the City Council that Mayor and Council Communication No. C-13319, Contract Granting License to Discount Shuttle & Tours, Inc., to Provide Prearranged Shared -Ride Van Service Between Fort Worth and D/FW Airport, be continued for two weeks. M&C C-13320 re It was the consensus of the City Council that Mayor and Council Communication No. cont. for two weeks C-13320, Contract Granting Privilege to Shan A. English and Randy E. English, D/B/A "AFTER FIVE LIMOUSINE", to Operate a Limousine Service in Fort Worth, be continued for two weeks. M&C C-13321 re There was presented Mayor and Council Communication No. C-13321 from the City contract with Texas Manager stating that the Texas State Library and Archives Commission proposes to grant Library and Archives $882,170.00 to the North Texas Library System to provide a variety of library services Commission to 62 public libraries in a 20 -county area; that the Fort Worth Public Library is the "Major Resource Center" for the system; therefore, the City is designated as the recipient of the grant funds; that this grant will continue a program of training, counselling, library materials, and film and videocassette services for the 19th year to NTLS member libraries; that eight full-time equivalents are included in the grant: three librarians, one terminal operator, one film inspection clerk, one secretary, one account clerk, and one administrative assistant; and recommending that the City Manager be authorized to apply for and, if offered, accept a grant in the amount of $882,170.00 to fund the North Texas Library System for FY 1993 (September 1, 1992 - August 31, 1993); execute a grant contract with the Texas Library and Archives Commission, the grantor agency, on behalf of the North Texas Library System; and apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 of 35.56 percent which represents the most recent approved rate for this department. It was the consensus of the City Council that the recommendations be adopted. M&C C-13322 re There was presented Mayor and Council, Communication No. C-13322 from the City contract with Univer- Manager, as follows: sity of North Texas SUBJECT: CONTRACT WITH THE UNIVERSITY OF NORTH TEXAS TO CONDUCT SPECIALIZED BIOTOXICITY TESTING IN ACCORDANCE WITH A U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT RECOMMENDATION• It is recommended that City Council authorise the City Manager to enter into a 12 -month contract with the University of North Texas to conduct specialized biotoxicity testing, in accordance with a U.S. Environmental Protection Agency Grant, not to exceed $33,250. DISCUSSION• On September 3, 1991 (M&C C-13044), City Council authorized the City Manager to execute the USEPA 104(b)(3) Grant entitled "Biotoxicity Testing: Screening Methods for Monitoring Wet and Dry Weather Discharges from Municipal Storm Drainage Systems". The funding provides a total of $136,480 for a contract period of September 1991 through September 1993. The purpose of the Grant is to evaluate cost and environmentally effective methods which cities can use to monitor pollutants in their storm drain systems. Minutes of City Council U-3 Page 26 27 Tuesday, April 14, 1992 M&C C-13322 cont. The current IISEPA Storm Water Regulations require cities to monitor their storm drain systems for pollutant discharges, at a potential cost of $25.00 to $113.00 per sample, depending on which testing procedures are used. Fort Worth has been a national leader in the use of cost effective techniques and is using these grant funds to prepare a "how to" guide for IISEPA, which, in turn, can be used to assist Fort Worth, other cities and outside agencies in implementing cost effective monitoring programs. A portion of the grant funds must be used to conduct USEPA's currently approved biotoxicity testing methods (acute toxicity tests) which cost approximately $475.00 per test. Comparisons to locally used/cost effective methods will be prepared and included in the "how to" guide. Fort Worth staff propose that a contract with the nationally recognized biotoxicity testing program at the University of North Texas Institute of Applied Sciences would provide the best scientific practices available to conduct the required EPA approved testing. The University of North Texas would conduct acute toxicity, chronic toxicity and some highly specialized toxicity identification evaluation fractionations. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds for this expenditure are available in the current operating budget, as appropriated, of the Grants Fund. C-13322 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13322, be adopted. M&C C-13323 re There was presented Mayor .and Council ,Communication No. C-13323 from the City agreement with Manager stating that the Water Department is requesting that Graham Associates, Inc., Garham Associates, design plans and specifications for the Water and Sewer Replacement in North Main Inc. Street; that the work includes replacing approximately 2500 linear feet of 12 -inch water line in North Main Street, loop 350 linear.feet of 8 -inch water line in 20th Street, from Ellis to North Main and replace L-708 in North Main Street; that the project is located in District 2; that the Director of :Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Water and Sewer Capital Improvement Funds; and recommending that the City Council: 1.; Authorize a fund transfer in the amount of $16,229* from Water and Sewer Operating Fund, Water -'Project :to Water Capital Improvement Fund, Water Replacement, North Main Street, and 2. Authorize a fund transfer in the -.amount of :$3,000* from Water and Sewer Operating Fund, Sewer Project to Sewer Capital Improvement Fund, Sewer Replacement, North Main Street, and 3. Authorize the City Manager to execute an engineering agreement with Graham Associates, Inc. for Water and Sanitary Sewer Replacement in North Main Street for a total fee not to exceed $17,729. *Includes $1,250 and $250 respectively for Plan Review by the Water Department. M&C C-13323 adopted II It was the consensus of the City Council that the recommendations be adopted. M&C C-134 re There was presented Mayor and Council Communication No. C-13324 from the City contractract with Ernst Manager stating that the uniform wholesale wastewater contracts presently in effect and Young between Fort Worth and its wholesale customers require annual rate revisions with an extensive cost of service .study to- be performed.. by a consultant every three years; that, by contract, the wholesale customers provide Fort Worth, with the names of five qualified firms and Fort Worth selects one firm; that through. an evaluation process which included the involvement of representatives from the wholesale customers, it was recommended that Ernst and Young be retained to perform the cost of service study for the FY •1992-93 wholesale wastewater rates; that principal elements of the proposed study will include review and analyze test year data, establish revenue requirement, allocate costs of service to customer classes, designi wastewater rates, provision of recommendations for changes in methodology, conduct periodic status meetings with Wholesale Wastewater Advisory Committee and Fort Worth staff, calculate revenue requirement for non-uniform contract customers, and update rate model and user manual; that the Director of Fiscal Services certifies that funds required for this contract are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Manager be authorized to execute a contract with Ernst and Young in an amount not to exceed $78,500.00 for the purpose of preparing a cost of service study for wholesale wastewater rates. It was the consensus of the City Council that the recommendation be adopted.:.. M&C C-13325 re There was presented Mayor and Council Communication No. C-13325 from the City contract with Re- Manager, as follows: source Management, Inc SUBJECT: CONTRACT FOR STRATEGIC PLANNING CONSULTING SERVICES FOR THE PUBLIC HEALTH DEPARTMENT 1. Authorize the City Manager to execute a contract between the City of Fort Worth Public Health Department and Resource Management, Inc. for strategic planning consulting services;- and Minutes of City Council U-3 Page 27 C 7 W Tuesday, April 14, 1992 2. Authorize the expenditure of an amount not to exceed $5,900 pursuant M&C C-13325 cont.11 to this contract in FY 91-92 using funds available from the Health Department General Fund. DISCUSSION• Beginning January 1992, the Fort Worth/Tarrant County Health Department initiated a planning process involving departmental personnel and representatives from other health care providers in the community to develop a five year strategic plan. The overall aim of this project is to develop five year strategies to identify and address key community public health issues. Phase One of the planning process, which included creation of a mission statement, strategic issues, and unifying goals, was coordinated in-house by the department's Health Planner. A representative from the Resource Management, Inc. consulting firm will facilitate Phase Two of the process. Phase Two will address refinement of developed unifying goals and formulation of strategies and objectives for their achievement. The term of the contract is from April 6, 1992 through May 15, 1992. The contractor will be reimbursed at a maximum rate of $105 per hour. FISCAL INFORMATION/CERTIFICATION:. The Director of Fiscal Services certifies Ahat funds required for this contract are available in the current operating budget of the General Fund. No funds were budgeted for this purpose; however, savings resulting from physician services will not be used for this expenditure. M&C C-13325 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13325, be adopted. M&C C-13326 re There was presented Mayor and Council Communication No. C-13326 from the City agreement with Freese Manager stating that the City Council authorized the execution of an engineering and Nichols, Inc. agreement with Freese and Nichols, Inc., on May 13, 1986, :by Mayor and Council Communication No. C-9651 to design the 24 MGD Expansion, Phase II at the Village Creek Wastewater Treatment Plant; that the expansion was divided into three phases; that Freese and Nichols, Inc., proposes to provide construction management services during the construction phase of the project by providing an on-site construction management team to administer the contract, including the provision of a full time registered professional engineer on the job site and providing bid assistance, project management, review of contractor submittals; preparation of change orders, record drawings and 0&M manual; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the State Revolving Loan Fund; and recommending that the City Manager be authorized to execute an engineering agreement with Freese and Nichols, Inc., for the construction management of the 24 MGD Expansion, Phase II -C for a total fee not to exceed $900,000.00, and that a bond fund transfer in the amount of $900,000.00 be authorized from State Revolving Loan Fund, Unspecified, to State Revolving Loan Fund, 24 MGD Expansion, Phase II -C, Construction Management. Council Member Meadows re M&C C-13326 and Council Member Meadows requested permission of the City Council to abstain from C-13327 abstain from voting on Mayor and Council Communication Nos. C-13326 and C-13327 involving Freese and voting Nichols, Inc. Council Member Matson made a motion, seconded by Council Member McCray, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication Nos. C-13326 and C-13327. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Matson made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. C-13326 be adopted. When the motion was put to a vote by the :Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows M&C C-13327 re There was presented Mayor and Council Communication No. C-13327 from the City Cdfitract with Freese Manager, as follows: and Nichols, Inc. SUBJECT: ACCEPTANCE OF FEDERAL AVIATION GRANT AND AWARD OF CONTRACT FOR CARSWELL AIR FORCE BASE MASTER PLAN TO FREEZE & NICHOLS, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Accept and execute a Federal Aviation Administration (FAA) Grant in the amount of $385,235.00 for planning efforts associated with the closure of Carswell Air Force Base, and 2. Transfer Office of Economic Adjustment (OEA) Carswell Reuse Effort Grant funds of $42,804.00 to the Carswell Air Force Master Plan FAA Grant, and Minutes of City Council U-3 Page 28 29 Tuesday, April 14, 1992 M&C C-13327 cont. 3. Execute a contract with Freese and Nichols, Inc. in the amount of $428,039.00 to perform an Airport Master Plan Study for the reuse plan for Carswell Air Force Base. DISCUSSION: To aid the community in its planning efforts regarding the conversion of the Carswell Air Force Base from its current military use to a future alternative reuse, the FAA is offering a planning grant for the development of an Airport Master Plan. Freese and Nichols, Inc. was selected to perform the Airport Master Plan Study. PROJECT DESCRIPTION: The Sponsor, the City of Fort Worth, submitted an application for Grant funds from the FAA on March 3, 1992, (authorization to do so in M&C G-9439 dated December 19, 1991). The FAA Grant offer is for $385,235.00. The Office of Economic Adjustment (OEA) will supply the City's 10% local matching funds in the amount of $42,804.00. The application for the OEA Grant was approved by M&C G-9394 on November 19, 1991. The total funding for the award of contract to Freese and Nichols, Inc. will be $428,039.00. The grant will cover a nine month period. There was no action required by the Aviation Advisory Board because Carswell does not fall underneath their purview. There will be no direct City costs. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon acceptance of the FAA grant, funds required for this contract will be available in the Grant Fund. Council Member Chappell made a motion, seconded by Council Member Matson, that Mayor and Council Communication No. C-13327 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows M&C FP -2948 re There was presented Mayor and Council Communication No. FP -2948 from the City final payment to:,:; Manager recommending that the City Council accept as complete the contract with Conatser., -.Construction, Conatser Construction, Inc., for the water and sewer replacements in N.W. 32nd Street and authorize final payment in the amount of $12,770.19 to Conatser Construction, Inc., bringing the final project cost to $98,373.70 under City Secretary Contract No. 18875, with funds available in the current capital budgets, as appropriated, and the Retainage Accounts of the Water and Sewer Capital Improvements Funds. It was the consensus of Mr. Pat Taylor re the City Council that the recommendations be adopted. M&C FP -2949 re . '.. ' - final payment to Red There was presented Mayor and Council Communication No. FP -2949 from the City River Construction Manager recommending that the City Council authorize Change Order No. 3, for a Company reduction• in the amount of $6,643.60 to City Secretary Contract No. 18007 with Red the Library River Construction Company, Inc., for the Eagle Mountain Raw Water Pump Station, revising the total contract cost to $3,769,376.40 and adding eight calendar days for a total contract time of 548 calendar days; accept as complete the contract with Red River Construction Company, Inc., for the Eagle Mountain Raw Water Pump Station; and authorize final payment in the amount of°$195,095.12 to Red River Construction Company, Inc., bringing the final project cost, including $13,020.00 in change orders, to $3,769,376.40 under City Secretary Contract No. 18007, with funds available in the current capital budget, .as appropriated, and the Retainage Account of the Commercial Paper Water Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2950 re There was presented Mayor and Council Communication No. FP -2950 from the City final payment to Manager recommending that the City Council accept as complete the contract with Steed, Steed, Inc. Inc., for Water Main Replacement, Chenault Avenue, and authorize final payment in the amount of $18,973.89 to Steed, Inc., bringing the final project cost to $72,510.35 under City Secretary Contract No. .18903, with funds available in the current capital budget, as. appropriated,.and. the Retainage -Account of the Water Capital Improvement Fund. It was the consensus of the City Council that the recommendations be adopted. Mr. Pat Taylor re he owes the Council Mr. Pat Taylor, 1407 North Commerce, appeared before the City Council and advised an apology, advised the City Council that he owes them an apology, which he will put in writing; advised them of how to arrest Council that he could show the staff how to arrest the water problem at the library and the water problem at could provide the City with a, design for the.expansion of the library by 90,000 square the Library feet and advised Council that they are not effectively handling the Cable Communications Trust Fund, Citizens' Cable Board, and the library expansion; and suggested that Ms. Dorothy Sanders be appointed to the Citizens' Cable Board to provide representation for the Eastside citizens. Minutes of City Council U-3 Page 29 WE Tuesday, April 14, 1992 Z-92-016 cont. until Council Member Chappell made a motion, seconded by Council Member Meadows, that May 12, 1992 the application of William Investment Company, Inc., for a change in zoning of property located at 1201 Grainger Street and 1200-1208 South Jennings Avenue from "D" Multi - Family to "F -R" Restricted Commercial, Zoning Docket No. Z-92-016, be continued until May 12, 1992. When the motion was put to 'a vote by the Mayor, it prevailed unanimously. Mr. Troy Fuller re Mr. Troy Fuller, member of the Board of Managers for John Peter Smith Hospital, Z-92-019 432 Baker, Hurst, Texas, appeared before the City Council and inquired whether or not Zoning Docket No. Z-92-019 could be approved subject to the closure of the contract. City Attorney Adkins City Attorney Adkins advised Council that they cannot rezone property subject to re Z-92-019 another action; that they can either rezone the property or continue the zoning case. Z-92-019 cont. for Council Member Woods made a motion, seconded by Council Member McCray, that the one week application of Tarrant County Hospital District for a change in zoning of property located at 3301 Stalcup Road from "B" Two -Family to "E -R" Restricted Commercial, Zoning Docket No. Z-92-019, be continued for one, week.- When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Joe Bilardi re Mr. Joe Bilardi, Director 'of Development Department, appeared before the City Z-92-021 Council and explained the text amendment and advised Council that the text amendment is being presented to the Council in two separate ordinances, the first ordinance defines "Hospice" and the second ordinance defines "Uses Permitted" by right in the "CF" Community Facilities District and to delete certain uses from requiring a special exception "Hospitals and Medical Users". There being no one else present desiring to be heard in connection with Approved Cases recommended changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore Webber made a motion, seconded by Council Member Silcox, that the hearing be closed and that the recommended changes in zoning be approved, as follows: Z-92-017 JAGEE CORPORATION by James W. Schell Z-92-017 2540 Jacksboro Highway g y (NW corner of Jacksboro Highway and Menefee Avenue) Z-92-018 Z-92-020 Z-92-021 Introduced an Ordinance From "G" Commercial to "I" Light Industrial Z-92-018 THOMAS PROPERTIES by H. Dennis Hopkins 7001 E. Lancaster Avenue From "E" Commercial to "I" Light Industrial Z-92-020 J. W. PEPPERS & SON, INC. by H. Dennis Hopkins 1500 Ederville Road From "E -R" Restricted Commercial to "PD/SII" Planned Development to permit all uses in the "E -R" Restricted Commercial District and the sales, services, storage, distribution and display of sheet music. Waiver of site plan recommended. Z-92-021 TEXT AMENDMENT AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING SECTION 1 - DEFINITIONS TO PROVIDE FOR THE DEFINITION OF A HOSPICE, BY AMENDING SECTION 2-B, "C -F" COMMUNITY FACILITIES, SECTION 6, "C" MULTI -FAMILY AND SECTION 9, "E -R" RESTRICTED COMMERCIAL TO INCLUDE HOSPICE AND BY AMENDING SECTION 2-B, "C -F" COMMUNITY FACILITIES TO DELETE CERTAIN USES FROM REQUIRING A SPECIAL EXCEPTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro tempore Webber introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council U-3 Page 30 Ordinance No. 11071 Tuesday, April 14, 1992 ORDINANCE NO. 11071 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF. YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. al That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Introduced an Ordinance Mayor Pro: tempore Webber introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 11072 ORDINANCE NO. 11072 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING THE DEFINITION "HOSPICE"; BY ADDING "HOSPICE" AS A PERMITTED USE IN "CF" COMMUNITY FACILITIES DISTRICT, "C" MULTI -FAMILY DISTRICT AND "E -R" RESTRICTED COMMERCIAL DISTRICT; BY AMENDING SECTION 19, "OFF- STREET PARKING AND LOADING REQUIREMENTS", SUBSECTION B.2, TO INCLUDE HOSPICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PRO- VIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 10. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Introduced an Mayor Pro tempore Webber introduced an ordinance and made a motion that it be Ordinance 11 adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None Minutes of City Council U-3 Page 31 32 Tuesday, April 14, 1992 The ordinance, as adopted, is as follows: Ordinance No. 11073 A ORDINANCE NO. 11073 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING SECTION 2-B, "CF" COMMUNITY FACILITIES DISTRICT, BY REMOVING ITEMS A, B, AND C FROM 2. SPECIAL EXCEPTION USES AND PLACING THEM IN SECTION 1, PRINCIPAL USES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. This ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. The Reverend Terry The Reverend Terry Boggs, Pastor of St. Mathews Lutheran Church, 5105 Winesanker, Boggs re Community appeared before the City Council representing Allied Community of Tarrant and requested Patrol Officers that the City Council give favorable consideration to the Community Patrol Officers Program Program and advised Council that the Community Patrol Officers Program is an active response to crime and that it will enhance the community; and advised Council that Allied Community of Tarrant is willing to negotiate with the Police Department and assist where ever needed. Mr. Paul Powell re adding sexual orients Mr. Paul Powell, 3630 Wayside, appeared before the City Council and expressed tion to civil rights opposition to adding sexual orientation to civil rights ordinance; expressed o opposition ordinance omosexua to homosexuals being g granted a minority status; and requested that the City Council openly endorse this action with a recorded vote on today. City Attorney Adkins re equivalent housing City Attorney Adkins inquired whether or not the substantial) equivalent housing y q issue issue that was addressed should be placed on next week's City Council agenda and d advised the Council that the City of Fort Worth will loose funds if not acted upon quickly. Ms. Jean Gros re Zoning Subdistrict Ms. Jean Gros, Chairman of the Fair Park Neighborhood Association, 1901 Alston, Cl Classification appeared before the City Council regarding the H -C Zoning Subdistrict Classification and advised Council that the 45 day period was not up when the petition was submitted by Ms. Mitchell; and inquired what the next procedure was with regard to the removal of the H -C Zoning Subdistrict. City Attorney Adkins re Ms. Gros City Attorney Adkins advised Ms. Gros of the actions that were taken at the last City Council meetingand advised Ms. Gros that the petitions are still being verified by the Planning Department and that there has not been a determination with regard to whether or not the petitions were turned in after the 45 days. Granger re Mayor os Mayor Granger referred Ms. Gros to Mr. Joe Bilardi in order to find out exactly what the next process was. Ms. Mary Mitchell re HC Zoning Subdistrict Ms. Mary Mitchell, 2204 Hurley, appeared before the Cit Council as a member of Classification the Fairmount Association and inquired whether or not any thought had been given to the H -C Zoning Classification putting the aluminum and vinyl siding contractors out of business and expressed to the City Council that she still would like to be removed from the H -C Zoning Subdistrict Classification. Mr. Chip Diano re Mr. Chip Diano, 6007 Westridge, #102, appeared before the City Council and advised Council to advised Council that a Mental Health Vigil would be held on May 5 and 6, 1992, and attend a Mental requested the City Council to attend the vigil with them. Helath Vigil Ms. Mary Zuber re Ms. Mary Zuber, Allied Community of Tarrant, 4601 Barwick Drive, appeared before Community Patrol the City Council and requested clarification with regard to the status of the Community Officer Program Patrol Officer Program. Mayor Granger re Ms. Mayor Granger advised Ms. Zuber that the Neighborhood Officer's Program will Zuber remain in the budget. Met in closed or executive session It was the consensus of the City Council that the City Council meet in closed or executive session to seek the advice of its attorneys concerning the following pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: Minutes of City Council U-3 Page 32 33 Tuesday, April 14, 1992 EST - executive session a) City of Fort Worth v. City of Dallas, Cause No. 348-1414-30-92; cont. b) Wastewater issues with the City of Arlington; c) W.K.C., Inc. v. Board of Adjustment of the City of Fort Worth and City of Fort Worth, Cause No. 141-140307-92 as authorized by Section 2(e), Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened in regular session with all members present. regular session Adjourned There being no further business, the meeting was adjourned. ACTING CITY SECRETARY MAYOR Minutes of City Council U-3 Page 33