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HomeMy WebLinkAbout1992/04/21-Minutes-City Counciluncil Met rs Present nvocation ledge of Allegiance inutes of special eeting of April 9, 992 and regular meet - ng April 14, 1992 991 Fort Worth olunteer of the Year roclamation - exas Arbor Day resence of Government lasses from TO and TA resentation of cGruff's Crime Dog ostume ithdrawn M&C P-5599 &C Nos. C-13301, -13303, C-13299, and -5617 and M&C No. -5617 amended &C Nos. C-13301, -13303, and C-13299 e cont. for two nsent agenda was proved signation of Mr. omas Davila . alary for Interim Cit anager be cont. until fter executive sessia ;ouncil Member Chappel •e abstain from voting m resolution Naming -ort Worth Transporta- tion Authority CITY COUNCIL MEETING APRIL 21, 1992 On -,the 21st,day of April, A.D., 1992,"the City Council of the City of Fort Worth, Texas, mt in regular session, with the following members and officers present, to -wit: Mayor Kap Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck 4ilcox, Morris Matson, Eugene McCray, Bill Meadows, and David Chappell; Interim City Manager Bob Terrell; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; Council Member Jewel Woods absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend B.L. McCormick, Baker Chapel AME Church. The Pledge of Allegiance was recited. On�motion of Council Member McCray, seconded by Mayor Pro tempore Webber, the minutes of the special meeting of April 9, 1992, and the regular meeting of April 14, 1992, were approved. Mrs, Vicki Loving, Fort Worth Municipality Awards Coordinator, presented the 1991 Fort Worth Volunteer of the Year, Mrs. Betty Day. A proclamation for Texas Arbor Day was presented to Ms. Elaine Petrus, Releaf Tarrant County, and Mr. Richard Zavala, Park and Recreation Director. The presence of Mr. Richard Milsap's City Government Classes from TCU and UTA was acknowledged by Mayor Granger. A presentation of McGruff's Crime Dog Costume was presented to the City of Fort Worth by Mr. Wayne Foret, Vice President of Motorola. Council Member Chappell requested that Mayor and Council Communication No. P-5599 be withdrawn from the consent agenda. Interim City Manager Terrell requested that Mayor and Council Communication Nos. C-13301, C-13303, C-13299, and P-5617 be withdrawn from the consent agenda and that Mayor and Council Communication No. P-5610 be amended under Recommendation No. 1, second line, to read "for an amount not to exceed $6,000.00". Interim City Manager Terrell requested that Mayor and Council Communication Nos. C-13301, C-13303, and C-13299 be continued for two weeks and that Mayor and Council Communication No. P-5617 be withdrawn from the agenda. On motion of Council Member Chappell, seconded by Council Member McCray, the consent agenda, as amended, was approved. Council Member Puente made a motion, seconded by Council Member McCray, that the resignation of Mr. Thomas Davila from the Citizens' Cable Board, be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows made a motion, seconded by Council Member Silcox, that the approval of salary for Interim City Manager be continued until after executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell requested permission of the City Council to abstain from voting on the proposed resolution Naming Fort Worth Transportation Authority as Designated Recipient for Federal Transit Administration Section 9 Formula Funds because of a business relationship with Fort Worth Transportation Authority. Council Member Puente made a motion, seconded by Council Member McCray that Council Member Chappell be permitted to abstain from voting on the proposed resolution Naming Fort Worth,Transportation Authority as Designated Recipient for Federal Transit Administration Section 9 Formula Funds. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council U-3 Page 33 34 Tuesday, April 21, 1992 Introduced a Council Member McCray introduced a resolution and made a motion that it be resolution adopted. The motion was seconded by Council Member Puente. 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, and Meadows NOES: None ABSENT: Council Member Woods NOT VOTING: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. 1820 RESOLUTION NO. 1820 A RESOLUTION NAMING THE FORT WORTH TRANSPORTATION AUTHORITY AS THE DESIGNATED RECIPIENT FOR FEDERAL TRANSIT ADMINISTRATION SECTION 9 FORMULA FUNDS. WHEREAS, the City of Fort Worth is at this time the designated recipient for Federal Transit Administration Section 9 Funds; and WHEREAS, the Fort Worth Transportation Authority is an independent transit authority that has the power to provide public transportation services created under Article 1118Y of the Vernon's Texas Civil Statutes; and WHEREAS, the Federal Transit Act requires that that agency which is responsible under state laws for the financing, construction, and operation, directly, be lease, contract, or otherwise of public transportation services, be the recipient to receive and dispense such funds; and WHEREAS, the City of Arlington receives Section 9 funds for its Handitran service; and WHEREAS, the Regional Transportation Council is the Metropolitan Planning Organization for the Dallas/Fort Worth urbanised area; NOW THEREFORE BE IT RESOLVED BY THE FORT WORTH CITY COUNCIL that: 1. A change be made from City of Fort Worth to Fort Worth Transportation Administration as designated recipient for FTA Section 9 funds. 2. The City of Arlington is requested to approve this change. 3. The Regional Transportation Council of North Texas Council of Governments is requested to approve this change. 4. The Governor of the State of Texas is requested to assign the designated recipient status for Tarrant County to the Fort Worth Transportation Authority. M&C OCS-416 re There was presented Mayor and Council Communication No. OCS-416 from the Office Liability Bonds of the City Secretary recommending that the City Council approve liability bond, as follows: PARKWAY CONTRACTORS BOND INSURANCE COMPANY J.L. Burney Construction Company, Inc. Universal Surety of America C OCS-416 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-417 Claims There was presented Mayor and Council Communication No. OCS-417 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: orman Wells 1. Claimant: Norman Wells Date Received: April 7, 1992 Date of Incident: January 31, 1992 Location of Incident: Equestrian Center Estimate of Damages/ Injuries: $11,500.00 Nature of Incident: Claimant alleges injuries sustained as a result of a fall while on City property. ohn D. Alley 2. Claimant: John D. Alley Date Received: April 9, 1992 Date of Incident: March 18, 1992 Attorney: Travis E. Alley Location of Incident: 3200 Belknap Estimate of Damages/ Minutes of City Council U-3 Page 34 35 Tuesday, April 21, 1992 eorge & Patricia A. 4. . Claimant: George & Patricia A. Herzog erzog Date Received: April 13, 1992 Date of Incident: March 3, 1992 Location of Incident: Intersection of Trinity Blvd. & SH 360 Estimate of Damages/ Injuries: $299.15 Nature of Incident: Claimant alleges damages to vehicle sustained as a result of road conditions. ammi Fisher 5. Claimant: Tammi Fisher Date Received: April 15, 1992 Date of Incident: March 20, 1992 Location of Incident: RR Track 1000-1100 Block N. Main Estimate of Damages/ Injuries: $262.36 - $278.37 Nature of Incident: Claimant alleges damages to automobile the result of pieces of asphalt being thrown by wheels of a City bus. ason A. Hinton & 6. Claimant: Jason A. Hinton & Michelle L. Hinton ichelle L. Hinton Date Received: April 13, 1992 Date of Incident: March 6, 1992 Location of Incident: Jacksboro Hwy Estimate of Damages/ Injuries: $715.39 Nature of Incident: Claimant alleges structural damage to property sustained as a result of bombs being detonated by City Fire Department. ary Hall 7. Claimant: Mary Hall Date.Received: April 13, 1992 Date of Incident: Undeclared Location of Incident: 1316 West Bewick Estimate of Damages/ Injuries: $6,800.00 Nature of Incident: Claimant alleges damages to property sustained as the result of clogs in the City's main sewer lines. obby L. Phillips 8. Claimant: Bobby L. Phillips Date Received: April 14, 1992 Date of Incident: January 25, 1992 Attorney: Joe W..Byrd Location of Incident: 400 E. 6th & 600 Grove Street Estimate of Damages/ Injuries: $50,000.00 Nature of Incident: Claimant alleges damages and injuries sustained in a vehicular accident due to improper drainage which created slippery road conditions. &C OCS-417 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-418 re There was presented Mayor and Council Communication No. OCS-418 from the Office orrespondence About of the City Secretary recommending that correspondence from Ms. Uakheme Ohikhuare he youth curfew expressing favorable consideration for the youth curfew that is currently in effect; rdinance correspondence from Colette Oliver expressing opposition to the curfew ordinance; correspondence from R. R. Wade expressing opposition to the curfew ordinance; correspondence from Laura Vecchio expressing support for the curfew ordinance; correspondence..from Shannon Andrews expressing support for the curfew ordinance; and correspondence from Mrs. Lucille S. Demerjian regarding the Westchester House Apartments and expressing concerns, relative to the financial help needed to continue the caring and long term plans for the Westchester House be referred to the City Manager's Office. It was the consensus of the City Council that the recommendation be adopted. &C COS -419 re etting regular There was presented Mayor and Council Communication No. OCS-419 from the Office ening hearing of the City Secretary recommending that a resolution be adopted setting the regular zoning hearing for May 12, 1992. Council Member McCray made a motion, seconded by Council Member Puente. that the recommendation be adopted. Minutes of City Council U-3 Page 35 Injuries: $440.06 - $507.73 CS -417 claims cont. Nature of Incident: Claimant alleges, damages sustained as the ohn D. Alley claim result of a vehicular accident involving a ont. City -owned vehicle. (Police) avid Benton 3. Claimant: David Benton Date Received: April 8, 1992 Date of Incident: March 7, 1992 Location of Incident: 4200 Old Benbrook Rd. #16 Estimate of Damages/ Injuries: $309.50 Nature of Incident: Claimant alleges damages to personal vehicle sustained as the result of an act of retaliation by arrested suspect. eorge & Patricia A. 4. . Claimant: George & Patricia A. Herzog erzog Date Received: April 13, 1992 Date of Incident: March 3, 1992 Location of Incident: Intersection of Trinity Blvd. & SH 360 Estimate of Damages/ Injuries: $299.15 Nature of Incident: Claimant alleges damages to vehicle sustained as a result of road conditions. ammi Fisher 5. Claimant: Tammi Fisher Date Received: April 15, 1992 Date of Incident: March 20, 1992 Location of Incident: RR Track 1000-1100 Block N. Main Estimate of Damages/ Injuries: $262.36 - $278.37 Nature of Incident: Claimant alleges damages to automobile the result of pieces of asphalt being thrown by wheels of a City bus. ason A. Hinton & 6. Claimant: Jason A. Hinton & Michelle L. Hinton ichelle L. Hinton Date Received: April 13, 1992 Date of Incident: March 6, 1992 Location of Incident: Jacksboro Hwy Estimate of Damages/ Injuries: $715.39 Nature of Incident: Claimant alleges structural damage to property sustained as a result of bombs being detonated by City Fire Department. ary Hall 7. Claimant: Mary Hall Date.Received: April 13, 1992 Date of Incident: Undeclared Location of Incident: 1316 West Bewick Estimate of Damages/ Injuries: $6,800.00 Nature of Incident: Claimant alleges damages to property sustained as the result of clogs in the City's main sewer lines. obby L. Phillips 8. Claimant: Bobby L. Phillips Date Received: April 14, 1992 Date of Incident: January 25, 1992 Attorney: Joe W..Byrd Location of Incident: 400 E. 6th & 600 Grove Street Estimate of Damages/ Injuries: $50,000.00 Nature of Incident: Claimant alleges damages and injuries sustained in a vehicular accident due to improper drainage which created slippery road conditions. &C OCS-417 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-418 re There was presented Mayor and Council Communication No. OCS-418 from the Office orrespondence About of the City Secretary recommending that correspondence from Ms. Uakheme Ohikhuare he youth curfew expressing favorable consideration for the youth curfew that is currently in effect; rdinance correspondence from Colette Oliver expressing opposition to the curfew ordinance; correspondence from R. R. Wade expressing opposition to the curfew ordinance; correspondence from Laura Vecchio expressing support for the curfew ordinance; correspondence..from Shannon Andrews expressing support for the curfew ordinance; and correspondence from Mrs. Lucille S. Demerjian regarding the Westchester House Apartments and expressing concerns, relative to the financial help needed to continue the caring and long term plans for the Westchester House be referred to the City Manager's Office. It was the consensus of the City Council that the recommendation be adopted. &C COS -419 re etting regular There was presented Mayor and Council Communication No. OCS-419 from the Office ening hearing of the City Secretary recommending that a resolution be adopted setting the regular zoning hearing for May 12, 1992. Council Member McCray made a motion, seconded by Council Member Puente. that the recommendation be adopted. Minutes of City Council U-3 Page 35 36 Tuesday, April 21, 1992 Introduced a Council Member McCray introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Puente. 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, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The resolution, as adopted, is as follows: Resolution No. 1821 11 RESOLUTION NO. 1821 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON MAY 12, 1992, AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 30118 AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, May 12, 1992, the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-91-104 Lots 1, 23 & 24, Block 36, Rosen Heights Addition Recommended from "E" Commercial to "PD/SII" Planned Development/Specific Use Tire store for all uses in the "E" Commercial with outside installation (2400 Azle Avenue) Z -92-003C Lot 13, Block 54, North Fort Worth Addition From "J" Light Industrial to "B" Two -Family District (1324 No. Jones Street) Z-92-022 Lot 4A, Block 1, Haines Place Addition Recommended from "E" Commercial to "F -R" Restricted Commercial (5128 E. Lancaster Avenue) Z-92-023 BEING a tract of land out of the Josiah Walker Survey, Abstract No. 1600, and being a part of the same tract of land as recorded in Volume 1973, Page 162, Deed Records, Tarrant County, Texas,.and being described as follows: BEGINNING at an iron pin located at 591.25 feet South 88'32'E of the Southwest corner of said tract as recorded in Volume 1973, page 162, Deed Records, Tarrant County, Texas; THENCE N37'46'00"W, 30.00 feet to an iron pin for corner; THENCE N52'14'00"E 70.02 feet to an iron pin for corner in the southwesterly R.O.W. line of U.S. Highway 287; THENCE S37'46'00"E along said R.O.W., 30 feet to an iron pin for corner; THENCE S52 -14'00"W, 70.02 feet to the point of beginning and containing 2100.48 square feet of land, more or less. Recommended from "I" Light Industrial/Sign Subdistrict (9101 U.S. Highway 287) Industrial to "I" Light Z-92-024 Lot 23, Block 47, Rosen Heights First Filing Addition Recommended from "C" Multi -Family to Multi-Family/Historic Cultural Subdistrict (2620 Rosen Avenue) Minutes of City Council U-3 Page 36 "C/HC" 37 Tuesday, April 21, 1992* Z-92-025 Lots 20 and 21, and part of 22, Block 6, Park Hill Addition solution No. 1821 to the City of Fort Worth, Tarrant County, Texas, according nt. to plat recorded in Volume 388, Page 58, Deed Records of Tarrant County, Texas, and the part of Lot 22 being described as follows: BEGINNING at a point for the Southwest corner of Lot 22, same being the Northwesterly corner of Lot 21; THENCE North, 24.50 feet along the West line of Lot 22 to a 1/2" rebar rod found for corner; THENCE East, 107.75 feet to a 5/8" rebar found for corner in the common line between Lots 21 and 22; THENCE South 77 degrees 12 minutes West, 110.50 feet along common line to Point of Beginning. Recommended from "A" One -Family Residential to "A/HC" One-Family/Historic Cultural Subdistrict (2404 Medford Court East) Z-92-026 South one-half of Lot 7 and all of Lot 8, Block 9, Ryan Place Addition Recommended from "A" One -Family to "A/HC" One-Family/Historic Cultural Subdistrict (2512 So. Adams Street) Z-92-027 BEING a part of Tract "A", Block 19, Wedgewood Addition, Fort Worth, Tarrant County, Texas and being described by metes and bounds as follows: BEGINNING at a steel rod for corner on the Northerly R.O.W. line of Trail Lake Drive 125.0 feet easterly from the east R.O.W. line of Woodway Lane and said point also being the SE/c of Cosden Service Station Tract; THENCE northeasterly with a curve to the left, radius 285.66 feet, along the northwesterly R.O.W. of Trail Lake Drive a distance of 463.9 feet to the P.T. of said curve; THENCE N7'17'W 245.55 feet to the P.C. of a curve to the right; THENCE northeasterly with said curve to the right, radius 776.14 feet, a distance of 190.98 feet to a steel rod for a corner, same being the SE/c of a Humble Service Station Tract; THENCE N78'29'W with the South line of said Humble tract 125.0 feet to a steel rod for corner, same being the SW/c of the Humble tract; THENCE N5'18'E 125.0 feet to a steel rod for a corner, same being also the NW/c of said Humble Tract; said point,also being on the Southerly R.O.W. line of the southwest Loop Hwy. #217; THENCE with a Southerly R.O.W. line of said Hwy. #217, with a curve to the right, radius 3987.11 feet, a distance of 177.85 feet to a steel rod for corner; THENCE S3'53"W 257.6 feet to a steel rod for corner, same also being the SE/c of the City of Fort Worth Water Department Tract; THENCE N78'00'W with the South line of said Water Department tract 35.8 feet to a steel rod for corner; THENCE S6'36'E 606.4 feet to a steel rod for corner; THENCE 30'34'E 125.0 feet to the place of beginning. SAVE AND EXCEPT that portion of the above-described Tract "A" heretofore conveyed to the City of Fort Worth described by metes and bounds as follows: BEGINNING at a point in the easterly line of said Block 19, said point being the southeast corner of a tract of land conveyed to Humble Oil and Refining Company by deed recorded in Volume 3138, Page 237, Deed Records, Tarrant County, Texas, said point being on a curve, the center of which bears S83'13'36"E, a radius distance of 776.14 feet; Minutes of City Council U-3 Page 37 Q esolution No. 1821 ont. Tuesday, April 21, 1992 THENCE; Southerly with said easterly line of said Block feet to a point of tangency; curve to the left and the 19, an arc distance of 190.14 THENCE S7'17'E continuing with the easterly line of said Block 19, 245.53 feet to the beginning of a curve to the right, the center of which bears South 82'43'W a radius distance of 285.66 feet; THENCE Southwesterly with said curve to the right, and the easterly line of said Block 19, an arc distance of 463.98 feet to a point; THENCE North no degrees 21'W, 6.03 feet to a point on a curve, the center of which bears N14'02'27"W a radius distance of 390.0 feet, said point being westerly a radial distance of 10.0 feet from the proposed westerly face of curb on Trail Lake Drive. THENCE Northwesterly along said curve to the left 10.0 feet westerly of and concentric to said proposed face of curb, an arc distance of 88.01 feet to a point of compound curve, the center of which bears N26'58'14"W, a radius distance of 312.5 feet; THENCE Northwesterly along said curve to the left 10.0 feet westerly of and concentric to said proposed face of curb, an arc distance of 357.59 feet to a point of tangency; THENCE N6'46'14"W along a line 10.0 feet westerly of and parallel to said proposed westerly face of curb 256.93 feet to the beginning of a curve to the right, the center of which bears N83'13'46"E, a radius distance of 509.00 feet; THENCE Northerly with said curve to the right 10.0 feet westerly of and concentric to said proposed westerly face of curb, an arc distance of 149.65 feet to a point in the southerly line of said Humble Oil tract; THENCE S72'35'30"E with the southerly lien of said Humble Oil tract 5.83 feet to the place of beginning and containing 10,883.19 square feet of land more or less. Recommended from "PD/SU" Planned Development/Specific Use permitting all "E" uses plus a bingo parlor, consignment store, and used furniture upholstery, resale and refinishing to "PD/SU" Planned Development/Specific Use permitting all "E" uses plus a bingo parlor, consignment store, and used furniture upholstery, resale and refinishing and auto sales. Waiver of site plan recommended. (5010-5048 Trail Lake Drive) Z -92-030A Lots 1 and 2, Block 24, Alta Mere Addition Recommended from "A" One -Family to "I" Light Industrial (3201 Marquita Drive) Z-92-032 Lot 12, Block D, William James Addition Recommended from "B" Two -Family to "E -R" Restricted Commercial (421 Hawkins Street) Z-92-033 BEING a tract of land out of the Mary Horn Survey Abstract No. 691 and the William Hicks Survey, Abstract No. 694, in the City of Fort Worth, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at an iron pin in the East line of Wichita Street, said point being the Northwesterly corner of Block 4, Glen Park Addition, Second Filing, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-U, page 57, Plat Records, Tarrant County, Texas; THENCE N00'02'E along the East line of Wichita Street, 107.0 feet to an iron pin for corner; THENCE S89.30'E, 251.13 feet to an iron pin for corner in the West line of 011ie Street; THENCE S00'03'W along the West line of 011ie Street 107.0 feet to an iron pin at the Northeast corner of said Block 4, Glen Park Addition; Minutes of City Council U-3 Page 38 39 Tuesday, April 21, 1992 THENCE S89'30'W, 251.10 feet to the Point of Beginning and Resolution No. 1821 containing 0.62 acres of land. cont. Recommended from "A" One -Family to "E -R" Restricted Commercial (5011 Wichita Street) Z-92-034 Situated in the City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 2-B, Block 1, Santa Fe Southwest Industrial Park, as shown on plat thereof recorded in Volume 388-161, page 89, of the Tarrant County Plat Records, and being more fully described as follows: BEGINNING at an iron rod found in place in the northeasterly line of South Hulen Street (120 foot wide right-of-way) for the most westerly southwest corner of said Lot 2-B and the west corner of Lot 1-R-1, in said Block 1, as shown on plat in Volume 388-165, Page 39, of said Plat Records; THENCE with said northeasterly line of South Hulen Street and with a southwesterly line of said Lot 2-B, the following courses and distances: North 44'57'40"W, 40.15 feet to an iron rod found in place for an angle point in said northeasterly and southwesterly lines; North 40'37'10"W, 45.34 feet to an iron rod found in place for the beginning of a curve whose center bears North 49'23117"E, 1136.80 feet; and with said curve, a distance of 146.32 feet to a 5/8" iron rod set for corner; THENCE N58'57'40"E and parallel with and 31 feet southeasterly from a northwesterly line of said Lot 2-B, 442.17 feet to a 5/8" iron rod set for corner; THENCE S35'56'45"E, 193.22 feet to a 5/8" iron rod set in a southeasterly line of said Lot 2-B and a northwesterly line of Lot 1-R-1, in said Block 1, as shown on plat in Volume 388-165, Page 39, of said Plat Records. THENCE S54'03'15"W with said southeasterly line of Lot 2-B and northwesterly line of Lot 1-R-1, 428.07 feet to the Place of Beginning and containing 92,935 square feet (2.1335 acres). Recommended from "C" Multi -Family to "E" Commercial (6049B S. Hulen Street) Z-92-035 BEING a tract of land situated in the Nancy Ann Robert Survey, Abstract No. 1275 and the Phillip A. Green Survey, Abstract No. 566, Tarrant County, Texas, and being a portion of Tract 1 and Tract 3 as described by deed to Hillwood/Park Glen Ltd., and recorded in Vol, 9357, Page 344, Deed Records, Tarrant,County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of Tract 1 said county records; THENCE N89'36'00"W, 969.30 feet to the Point of Beginning; THENCE N89'36'00"W, 300.70 feet; THENCE N00'24'00"E, 1971.56 feet; THENCE N79'36'22"E, 2465.20 feet; THENCE S12'30'00"W, 748.79 feet to the beginning of a curve to the left; THENCE -223.75 feet along the arc of said curve having a central angle of 06'24'36" and whose radius is 2000.00 feet, the long chord of which bears S09'17'41"W, 223.64 feet; THENCE N90'00'00"W, 970.31 feet; THENCE S00'00'06"W, 860.00 feet; THENCE N90'00'00"W,,606.29 feet to the beginning of a curve to the right; THENCE 297.38 feet along the arc of said curve having a central angle of 06'48'55", and whose radius is 2500 feet, the long chord of which bears N87'35'22"W 297.20 feet; Minutes of City Council U-3 Page 39 Tuesday, April 21, 1992 THENCE S06'48'55"W, 487.67 feet to the beginning of a curve solution No. 1821 to the left; nt. THENCE 140.00 feet along the arc of said curve having a central angle of 06'42'13" and whose radius is 1200.00 feet, the long chord of which bears S03'27'24"W, 140.32 feet to the Point of Beginning and containing 67.78 acres of land, more or less. Recommended from "A -R" Residential to "A" One -Family Residential BEING a tract of land situated in the Phillip A. Green Survey, Abstract No. 566, Tarrant County, Texas, and being a portion of Tract 1 and Tract 3 as described by deed to Hillwood/Park Glen Ltd., and recorded in Volume, 9357, Page 344, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point in the south right-of-way line of Wall Price Road (County Road 4094) where it intersects with an east property line of said Tract 3; THENCE S00"01'21"W, along said east line, 1812.36 feet to the Point of Beginning; THENCE S00'01'21"W, 573.27 feet, continuing along said east line; THENCE N65 -25'55"W, 703.43 feet, leaving said east line; THENCE N00'01'21"E, 163.99 feet; THENCE N79'39'19"E, 650.48 feet to the Point of Beginning and containing 5.41 acres of land, more or less. Recommended from '"C-R" Multi -Family to "A" One -Family Residential. BEING a tract of land situated in the Phillip A. Green Survey, Abstract No. 566, Tarrant County, Texas, and being a portion of that certain tract of land as described by deed to Freedom Financial Corporation and recorded in Volume 7710, Page 1091, County Records, Tarrant County, Texas, said 19.02 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point 2201.1 feet southerly of the northwesterly corner of the Phillip A. Green Survey, Abstract No. 566, Tarrant County, Texas; THENCE East, 970.31 feet to the beginning of a curve to the left whose radius is 2000.00 and whose long chord bears S01 -32'18"E, 530.99 feet; THENCE along said curve an arc length of 532.56 feet; THENCE S09'10'00"E, 260.00 feet; THENCE S80'50'00"W, 335.00 feet to the beginning of a curve to the right whose radius is 1500.00 feet; THENCE along said curve an arc length of 239.98 feet; THENCE West, 456.33 feet; THENCE N00'00'06"E, 860.00 feet to the Point of Beginning and containing 19.02 acres of land, more or less. Recommended from "E" Commercial to "A" One -Family (7900 Block of Park Vista Boulevard) That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. Minutes of City Council U-3 Page 40 41 Tuesday, April 21, 1992 Benefit Hearing It appearing to the City Council that the City Council on March 24, 1992, set BH -0090 today as the date for the benefit hearing in connection with the assessment paving of Wheaton Drive from Wheaton Drive from Walton Avenue to Wedgmont Circle North and that notice of the Walton Avenue to hearing has been given by publication in the Fort Worth Commercial Recorder, the Wedgmont Circle North official newspaper of the City of Fort Worth, Texas, on March 26, 27, and 30, 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 -0090 Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0090, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WHEATON DRIVE FROM WALTON AVENUE TO WEDGMONT CIRCLE NORTH (PROJECT NO. 67-040275) 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 Wheaton Drive from Walton Avenue to Wedgmont Circle North. DISCUSSION: Wheaton Drive from Walton Avenue ,to Wedgmont Circle North was added to the 1986 Capital Improvement Program using District 6 Undesignated Funds. The street is not located in a target area. and has previously been constructed to City standards. Community Development Block Grant (CDBG) funds will not provide a portion of the construction cost. One- and two-family residences are not assessed. Wheaton Drive will be constructed as a standard concrete street with standard driveways and sidewalks. On March 24, 1992 (M&C G-9575), the City Council established April 21, 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 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 $ 18,503.10 ( 11%) City's share of cost $149,530.90 ( 89%) Total cost $168,034.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in DISTRICT 6. Council Member Meadow re BH -0090 abstain Council Member Meadows requested permission of the City Council to abstain from from voting voting on Mayor and Council Communication . No. BH -0090 involving Alta Mesa National Bank. Council Member Chappell made a motion, seconded by Council Member Silcox, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. BH -0090. 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 Wheaton Drive from Walton . Avenue .to Wedgemont Circle North, Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that the recommendations, as contained in Mayor and Council Communication No. BH -0090, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council,Member_ Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council U-3 Page 41 42 Tuesday, April 21, 1992 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Chappell NOES: None ABSENT: Council Member Woods NOT VOTING: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. 11074 ORDINANCE NO. 11074 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION 'OF WHEATON DRIVE FROM WALTON AVENUE TO WEDGMONT CIRCLE NORTH, 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-9617 re There was presented Mayor and Council Communication No. G-9617 from the City work authorization Manager recommending that a work authorization be authorized in accordance with AR3-3 for the sanitary sewer replacement of L-556 by City forces located in the alley east of Ryan Place, from Elizabeth Boulevard to Robert Street, for a total estimated project cost of $49,288.13, with funds available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund PE45. It was the consensus of the City Council that the recommendation be adopted. M&C G-9618 re There was presented Mayor and Council Communication No. G-9618 from the City Fort Worth Improve- Manager, as follows: ment District No. 4 SUBJECT: RESOLUTION REGARDING THE' PROPOSED' FORT WORTH IMPROVEMENT DISTRICT NO. 4 RECOMMENDATION: It is recommended that the City Council adopt the'attached resolution. The resolution takes the following actions regarding the proposed Fort Worth Improvement District No. 4: 1. Finds that the petition for establishment of the district contains sufficient signatures and meets other requirements of Chapter 372, Subchapter A, section 372.005 of the Local Government Code (The Public Improvement District Assessment Act), and 2. Directs the City Manager to prepare the following documents and information and to file the same with the City Secretary as required by Chapter 372, Subchapter A: (a) A statement of the general nature of the proposed improvements/services; (b) Preliminary estimates of the costs of the improvements/services; (c) A map showing the boundaries of the proposed assessment district, property to be assessed and ownership of property; (d) The proposed method of assessment; (e) The proposed apportionment of costs between the public improvement district and the municipality as a whole; and (f) A statement of the probable maximum benefits to be conferred on each tract. DISCUSSION: On April .14, 1992, the City Council accepted a petition requesting establishment of the Fort Worth Improvement District No. 4. The City Manager and City Attorney have reviewed the petition and find that it contains sufficient signatures and meets other requirements of Chapter 372, Subchapter A, section 372.005 of the Local Government Code. If the Council desires to institute proceedings to create the proposed district, it should take the actions recommended above. Under Chapter 372, Subchapter A, creation of the district would not actually be considered by the Council until after fifteen days notice is given to property owners and a public hearing is held. This hearing would be scheduled by Council at a future date. M&C G-9618 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9618, be adopted. Introduced a Resolution Council Member Chappell introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council U-3 Page 42 "r] Tuesday, April 21, 1992 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The resolution, as adopted, is as follows: Resolution No. 1822 11 RESOLUTION NO. 1822 WHEREAS, on April 14, 1992, the City Council of the City of Fort Worth accepted a Petition for Establishment of the Fort Worth Improvement District No. 4; and WHEREAS, the City Council directed the City Manager and City Attorney to determine whether the Petition includes the necessary signatures and meets other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the "Public Improvement District Assessment Act"); and WHEREAS, the City Manager and City Attorney reported that the Petition included the signatures of the owners of 100 percent of the area of all taxable real property that is liable for assessment under the proposal and the signatures of the owners of taxable real property representing 100 percent of the appraised value of the taxable real property liable for assessment under the proposal within the area of the proposed public improvement district, as determined by the current roll of the Tarrant Appraisal District; and WHEREAS, the City Manager and City Attorney reported that the Petition contains sufficient signatures and meets other applicable requirements of Chapter 372, Subchapter A of the Local Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council hereby finds and determines that the aforesaid Petition for Establishment of the Fort Worth Improvement District No. 4 includes sufficient signatures and meets other requirements of Section 372.005 of the Local Government Code. 2. The City Manager is hereby directed to prepare the following documents and information concerning the Proposed district and to file the same with the City Secretary: (a) A statement of the general nature of the proposed improvements/services; (b) Preliminary estimates of costs of the improvements/services; (c) A map showing boundaries of the proposed district, and a listing of property to be assessed and ownership of said property; (d) The proposed method of assessments; (e) The proposed apportionment of .costs between the improvement district and the city as a whole; and (f) A statement of the probable maximum benefits to be conferred on each tract. M&C G-9619 re work authorization There was presented Mayor and Council Communication No. G-9619 from the City in alley east of Ryan Manager recommending that a work authorization be authorized in accordance with AR3-3 Place for the water main replacement in an alley east of Ryan Place, from Elizabeth Boulevard to Robert Street, for a total estimated project cost of $46,249.42, with funds available in the current operating.budget, as appropriated, of the Water and Sewer Operating Fund PE45. It was the consensus of the City Council that the recommendation be adopted. M&C G-9620 re There was presented Mayor and Council Communication No. G-9620 from the City improvements to Fitz- Manager stating that the 1986 Capital Improvement Program included funds for the Stalcup Avenue from improvement of Fitzhugh Avenue from Stalcup Road to Cass Street; that the street is in Stroad t0 Cass the Stop Six Target Area and has previously been constructed to City standards; that Strreeteet the project is located in Council District 5; that the total estimate of the assessment is $ 445,500.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Fitzhugh Avenue from Stalcup Road to Cass Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Fitzhugh 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 Minutes of City Council U-3 Page 43 M&C G-9620 cont. Tuesday, April 21, 1992 4. Establish May 26, 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 Chappel Council Member and Council Member Chappell requested permission of the City Council that he and Puente re M&C G-9620 Council Member Puente be permitted to abstain from voting on Mayor and Council abstain from voting Communication No. G-9620 involving assessment paving of Fort Worth Independent School District. Council Member Meadows made a motion, seconded by Council Member McCray, that Council Members Chappell and Puente be permitted to abstain from voting on Mayor and Council Communication No. G-9620. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member McCray made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. G-9620, be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, and Meadows NOES: None ABSENT: Council Member Woods NOT VOTING: Council Members Chappell and Puente M&C G-9621 re There was presented Mayor and Council Communication No. G-9621 from the City demolition of sub- Manager submitting a tabulation of bids received for demolition of substandard standard structures structures at two locations (814-16 St. Louis Avenue and Rear and 818-22 St. Louis at two locations Avenue and Rear) for the City Services Department; stating that the Director of Fiscal Services certifies that funds required for these contracts are available in the current operating budget, as appropriated, of the General Fund and the Fiscal Services Department is responsible for collection of funds due the City under this agreement; and recommending that the City Manager be authorized to confirm each structure to be substandard and a nuisance; authorize contracts for demolition of structures for the City Services Department on low bid per unit basis with Briggs and Son Wrecking Company for a total amount not to exceed $7,380.00 f.o.b. Fort Worth, Texas; and authorize a lien to be filed against each property to cover the cost of demolition and administration. On motion of Council Member Chappell, seconded by Council Member McCray, the recommendations were adopted. M&C G-9622 re There was presented Mayor and Council Communication No. G-9622 from the City National Federation Manager stating that the National Federation of Municipal Analysts is an association of of Municipal Anaylsts approximately 700 municipal bond analysts chartered to promote professional development and to provide a vehicle for communication among analysts across the country; that, as part of its mission to improve disclosure in the municipal marketplace, the NFMA has announced its Certificate of Recognition Program; that the NFMA awards a Certificate of Recognition to those issuers who provide continuing audited annual financial information and other pertinent credit information relevant to their securities outstanding in the government securities markets; that, in order to be issued a certificate, a government's governing body must adopt a model language resolution; that Fort Worth's attainment of a certificate should be a positive action as far as the City's recognition in the municipal marketplace and serve to encourage other governments in making disclosure the common practice rather than the exception; and recommending that the City Council adopt a resolution declaring its commitment to continuing disclosure of financial and pertinent credit information relevant to the City's outstanding securities. On motion of Council Member Matson, seconded by Council Member Meadows, the recommendation was adopted. Introduced a Council Member Matson introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member 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, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The resolution, as adopted, is as follows: Resolution No. 1823 RESOLUTION NO. 1823 WHEREAS, the City of Fort Worth (the "Issue") has outstanding securities in the state and local government securities market or is planning an issue in the near future; and WHEREAS, the Issuer appreciates the support of the investment community for the financing efforts of the Issuer; and Minutes of City Council U-3 Page 44 KAR Tuesday, April 21, 1992 WHEREAS, the maintenance of ratings, if any, for the Issuer's rated lution No. 182311 securities depends in part upon the continued availability of information to the rating agencies; and WHEREAS, the Issuer has been informed that the liquidity of its securities in the secondary market may be affected by the availability of information and maintenance of ratings; and WHEREAS, the Issuer desires to maintain excellent relations with its investors and to improve the liquidity of the Issuer's securities in the secondary market; and WHEREAS, the Issuer desires to receive a Certificate of Recognition from the National Federation of Municipal Analysts, and the adoption of this Resolution is a condition to the award of such a Certificate, although the Issuer also recognizes that a Certificate of Recognition does not imply in any manner a positive or negative judgment as to the accuracy or sufficiency of the disclosure documents of the Issuer and that the Issuer is solely responsible for the accuracy and sufficiency of its disclosure documents; NOW, THEREFORE, the Issuer hereby makes the following commitments to its investors: 1. The Issuer (or the Issuer's agent) will provide annual audited financial statements and other pertinent credit information relevant to the Issuers outstanding securities (which may be contained in official statements), including the Issuer;s Comprehensive Annual Financial Report, if one is prepared, upon request, and will provide copies to one or more major information providers in the state and local government securities market. 2. If an issue is rated, appropriate periodic credit information necessary for maintaining the rating(s) on the securities will be provided by the Issuer to the rating agency(ies) rating the securities. 3. A statement will be made by the Issuer in the Introduction to its official statements evidencing the commitments made herein. RECOMMENDATION• It is recommended that the City Council adopt the attached ordinance amending the Fair Housing. Division of the Human Relations Chapter of the City Code to provide rights, procedures and remedies to victims of housing discrimination which are substantially equivalent to those provided under federal and state fair housing laws. DISCUSSION• In April 1988, the federal government passed the Fair Housing Amendments Act which expanded protected categories to include familial status and disability, expanded the administrative procedures for processing housing complaints, and enlarged the remedies available to charging parties. A part of the Fair Housing Amendments Act required agencies like the Fort Minutes of City Council U-3 Page 45 This Resolution shall take effect from and after its date of, adoption. &C G-9623 re revail623 wage rates There was presented Mayor and Council Communication No. G-9623 from the City Manager stating that the current prevailing wage rates for building construction trades were adopted by the City Council March 26, 1991; that state law and the City Charter require the City Council to determine and to pay a general prevailing wage rate for construction of public works projects; maintenance work is excluded; that the laws require the City to ascertain the prevailing wage rate for each craft or type of worker or mechanic needed to execute public works projects and mandates contractors and subcontractors to pay at least these wages; that the prevailing rates being recommended are based on the City's current salary schedule for comparable City jobs plus the cash equivalent for fringe benefits; that the cost of the group health insurance is $1.05 per hour and the other benefits are estimated to be 18.86 percent of the base rate; and recommending that the City Council adopt the..revised prevailing wage rates for prospective use on City -funded building projects effective April 1, 1992; provided the rates shall not be in effect for public works projects that are being advertised, nor for projects that have been advertised and bids received, nor for projects that have been awarded prior to the date of adoption. On motion of Council Member Chappell, seconded by Council Member McCray, the recommendation was adopted. (The 1992 Building and Construction Trades -Standard Wage Rates and Highway Construction Prevailing Wage Rates for 1992 are incorporated into the City Council preceding file for the meeting of April 21, 1992.) &C G-9624 re air Housing Human There was presented Mayor and Council Communication No. G-9624 from the City elations Commission Manager, as follows: SUBJECT: SUBSTANTIAL EQUIVALENCY AMENDMENT FOR THE HUMAN RELATIONS COMMISSION RECOMMENDATION• It is recommended that the City Council adopt the attached ordinance amending the Fair Housing. Division of the Human Relations Chapter of the City Code to provide rights, procedures and remedies to victims of housing discrimination which are substantially equivalent to those provided under federal and state fair housing laws. DISCUSSION• In April 1988, the federal government passed the Fair Housing Amendments Act which expanded protected categories to include familial status and disability, expanded the administrative procedures for processing housing complaints, and enlarged the remedies available to charging parties. A part of the Fair Housing Amendments Act required agencies like the Fort Minutes of City Council U-3 Page 45 W Tuesday, April 21, 1992 Worth Human Relations Commission (the Commission), which had previously M&C G-9624 cont. been certified as substantially equivalent, to be recertified in order to continue their contractual arrangement with the U.S. Department of Housing and Urban Development (HUD). In order for the Commission to maintain its equivalency status, HUD procedures required that: the local ordinance contain familial status and disability as protected categories, have administrative procedures for complaints to select from, and have the ability to impose penalties up to $50,000 per occurrence for violations. Although the City passed an amendment to the Fair Housing Ordinance in December 1990 and subsequently added optional administrative procedures, the penalties could not be imposed until there was a change in state law. In the summer of 1991, there were changes in state law which permitted local municipalities to utilize state law enforcement procedures and remedies, and enforce the local fair housing laws in the state courts, either independently, or through contractual arrangements with the Texas Commission on Human Rights. The proposed ordinance, which will be submitted to HUD upon approval by the City Council, addresses the required areas outlined in the 1988 Fair Housing Amendments Act and should insure that the Fort Worth Human Relations Commission will be recertified as a substantially equivalent agency. This will have the effect of retaining HRC's eligibility for HUD funding (current FY $56,000) for its Fair Housing work, and prevent the possibility of the City of Fort Worth from being disqualified as a HUD Community Development Block Grant recipient (current FY ca. $5.1 million). FISCAL INFORMATION/CERTIFICATION: No immediate impact on the General Fund is anticipated. Long-term impact is contingent on many factors such as number of complaints, HUD funding criteria, choice of remedies, etc. and is therefore impossible to predict. As indicated above, not passing the amendment will almost certainly result in the loss of HUD grant funding for the Commission and jeopardize the City's CDBG Funding. M&C G-9624 adopted On motion of Mayor Pro tempore Webber, seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. G-9624, was adopted. Introduced an Mayor Pro tempore Webber 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, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The ordinance, as adopted, is as follows: Ordinance No. 11075 ORDINANCE NO. 11075 AN ORDINANCE REVISING AND AMENDING ARTICLE III, DIVISION 4, "FAIR HOUSING", OF CHAPTER 17, "HUMAN RELATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED,t PROVIDING RIGHTS, PROCEDURES AND REMEDIES, INCLUDING JUDICIAL PROCEEDINGS IN STATE COURT THAT ARE SUBSTANTIALLY EQUIVALENT TO THOSE AVAILABLE UNDER FEDERAL AND STATE FAIR HOUSING LAWS, DELETING THE TERM "HANDICAP" IN FAVOR OF THE TERM "DISABILITY", PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN TARRANT COUNTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 4. 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 Code shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. 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. M&C G-9625 re There was presented Mayor and Council Communication No. G-9625 from the City Employment of Outside Manager, as follows: Legal Counsel vs. City of Dallas Minutes of City Council U-3 Page 46 Tuesday, April 21, 1992 M&C G-9625 cont. SUBJECT: EMPLOYMENT OF OUTSIDE LEGAL COUNSEL IN CASE OF CITY OF FORT WORTH VS. CITY OF DALLAS RECOMMENDATION: It is recommended that the City Council: 1. Retain David Reltner and the law firm of Haynes and Boone as outside counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the City in the case of City of Fort Worth v. City of Dallas, and 2. Adopt the attached resolution fixing in advance, as far as practicable, the sum to be paid Haynes and Boone for their services in an amount not to exceed $30,000, and 3. Adopt the attached supplemental appropriations ordinance increasing the General Fund appropriation by $30,000 and decreasing the General Fund unreserved, undesignated fund balance by the same amount. DISCUSSION• On April 9, .1992, the City of Fort Worth sued the City of Dallas in the 348th District Court of Tarrant County in Cause No. 348-1414-30-92. The suit seeks a declaratory judgment that certain proposals by the City of Dallas to change the Wright Amendment violate the 1968 contract and agreement between Fort Worth and Dallas and the 1968 DFW Airport Concurrent Bond Ordinance. Because this matter is of extraordinary importance, it is the opinion of the City Attorney that outside legal counsel, with knowledge and expertise in matters involving complex civil litigation, be retained to assist the City Attorney in representing the City in this case and to advise the City on related matters. David Reltner and the firm of Haynes and Boone are well recognized for their knowledge and expertise in such matters. The firm has agreed to assist the City - Attorney in this matter and to consult with the City. The firm's governmental rate is $150 per hour. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that, upon approval of Recommendation 3, sufficient funds for this expenditure will be available in the current operating budget of the General Fund. M&C G-9625 re Mayor Pro tempore Mayor Pro tempore Webber requested permission :of the City Council to abstain from Webber abstain from voting on Mayor and Council Communication No. G-9625. voting Council Member Meadows made a. motion, seconded by Council Member McCray, that Mayor Pro tempore Webber be permitted to abstain from voting on Mayor and Council Communication No. G-9625. When the motion was put to a vote by the Mayor, it prevailed unanimously. , Council Member Chappell made a motion, seconded by Council Member McCray, that the -recommendations, as contained in Mayor and Council Communication No. G-9625, 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, Meadows, and Chappell NOES: None ABSENT: Council Member Woods NOT VOTING: Mayor Pro tempore Webber Introduced a Council Member Chappell introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Council. Members Puente, Silcox, Matson, McCray, Meadows, and Chappell NOES: . None ABSENT: Council Member Woods NOT VOTING: Mayor Pro tempore Webber The resolution, as adopted, is as follows: Resolution No. 1824 RESOLUTION NO. 1824 WHEREAS, on April 9, 1992, the City of Fort Worth filed Cause No. 348-1414-30-92 in the 348th District Court of Tarrant County, Texas, against the City of Dallas; and Minutes of City Council U-3 Page 47 Tuesday, April 21, 1992 Resolution No. WHEREAS, because the lawsuit is of extraordinary importance and 1824 cont. involves complex - civillitigation, it -is necessary to retain outside counsel to assist the City Attorney in representing the City in the suit; and WHEREAS, David Keltner, and the --firm of Haynes and Boone possess knowledge and expertise in the field of complex civil litigation and have agreed to assist the City Attorney -in this matter; .NOW,�THEREFORE, BE IT RESOLVED 'BY THE CITY COUNCIL OF -THE CITY OF FORT WORTH, TEXAS: ` That David Keltner and the firm of Haynes and Boone be retained as outside counsel pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the. City in Cause No. 348-1414-30- 92 and to consult with-the•City in this matter. II. That, as far as practicable, the compensation to be paid Mr. Keltner and the firm is hereby fixed in �an amount not toexceed$30,000.00, Mr. Keltner's hourly governmental rate being $150.00 per hour. Introduced an Council Member, Chappell introduced an ordinance -and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Meadows, and Chappell NOES: None t ABSENT: Council Member Woods NOT VOTING: Mayor Pro tempore Webber The ordinance, as adopted, is as follows: Ordinance No. 11076 ORDINANCE NO.t 11076 AN ORDINANCE APPROPRIATING $30,000.00 TO THE GENERAL FUND AND DECREASING THE UNRESERVED,— UNDESIGNATED FUND BALANCE BY THE SAMEAMOUNT FOR`THE PURPOSE OF RETAINING OUTSIDE LEGAL COUNSEL IN THE CASE OF CITY OF FORT WORTH VS. CITY OF DALLAS; 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 THEICITY 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-9626 re There was presented Mayor and Council Communication No. G-9626 from the City I.R. No. 7598 Manager stating that City staff in I.R. No. 7598 provided information to the City garbage and recycling Council on various options for providing residential garbage' and recycling collection collection services services using different combinations of providers; that City Council requested that Option C and Option D, as outlined in I.R. 7598;, be placed on the City Council Agenda for the meeting of April 21, 1992, for consideration and formal action; that the two options are described, as follows: Garbage and Recycling ServicesCitv Wide Option C Garbage Collection Waste Management, Inc. Service Areas -1, 2, and 4 City of Fort Worth Service Area 3 Recycling Collection Commercial Metal Company Service Areas 1, 2, 3, 4 t Minutes of City Council U-3 Page 48 M&C G-9626 cont. Council Member Chappell re M&C G-9626 Tuesday, April 21, 1992 Option D Garbage and Recycling Collection Waste Management, Inc. Recycling Collection Waste Management, Inc. Garbage Collection City of Fort Worth Service Areas 1, 2, and 4 Service Area 3 Service Area 3 M, It was recommended that the City Council select Option C or- Option D for providing garbage and recycling collection services as described and instruct staff to prepare and submit for City Council approval the contracts to implement the option selected. Council Member McCray made a motion, seconded by Council Member Meadows, that Option D be approved. Council Member Chappell suggested a friendly amendment be included by adding that following statement to the contract: "its condition on the best efforts to accept City of Fort Worth employees and that it would require the performance bond at least equivalent of the cost of the replacement of the equipment." Minutes of City Council U-3 Page 49 The amended was accepted by Council Members McCray and Meadows. Assistant City Manager Assistant City Manager Ramon Guajardo appeared before the City Council and Ramon Guajardo re advised Council that, when the residential garbage and recycling services was put out M&C G-9626 for bid, it included several combinations on how the bid could come in and stated that Mr. W.H. Caldwell, President of Caldwell Auto Sales, appeared before the City in order to have both of the services provided by one contractor, Waste Management was M&C G-9626 the lowest bidder in each of the service areas; and advised Council that, under Option C the estimated cost was $12,800,000.00, and under Option D,. the estimated cost is contract :to Waste Management, Inc., and advised Council 'of the' commitments that were $13,000,000.00, based on the bid for both options and estimated number of households. Council Member Matson Council Member Matson made a substitute motion, seconded by Council Member re M&C G-9626 Silcox, that Option C be approved. Mr. Robert Starr re Mr. Robert Starr appeared before the City Council and requested that the City M&C G-9626 Council give favorable consideration to the selection of providers of residential garbage and recycling collection services being awarded,to Waste Management, Inc. Mr. Robert McCallister . . Mr., Robert McCallister, representing TIES, Inc., .which is a combination of re M&C G-9626 Churches on the Southside, andan economic development corporation,. appeared before the City Council and encouraged.. the .City Council to vote for Option D, awarding the Mr. Earl Burrell, President of Resource Marketing, appeared before the City contract to Waste Management, Inc.. Mr. Guy Bass re Mr. Guy Bass, affiliated .with Caldwell Auto Sales, appeared before the City M&C G-9626 Council and.expressed.favorable consideration for 'awarding the residential garbage and Management, Inc., and advised Council that Waste --Management has committed to helping recycling collection services contract to Waste Management, Inc. - Mr. Norm Lyons re Mr. dorm Lyons, appeared before .the City Council and advised City Council that M&C G-9626 the City of Fort Worth can save money by continuing to contract with Waste Management; awarding of this contract will be a positive factor in the City of Fort Worth. that more minority employees will be hired; and stated that the jobs being provided Reverend R.L. Living- would also help the economic -development situation in this sector of the City. Minutes of City Council U-3 Page 49 Mr. Win Colbert re Mr. Win Colbert, 5600 jRockhill-iRoadj .appeared before the City Council and M&C G-9626 expressed his support for Option D, awarding the contract to Waste Management, Inc. Mr. W.H. Caldwell re Mr. W.H. Caldwell, President of Caldwell Auto Sales, appeared before the City M&C G-9626 Council and -requested that City'Council give-;' favorable consideration to awarding the r contract :to Waste Management, Inc., and advised Council 'of the' commitments that were r made, encouraging minority community participation which will benefit the entire City. Mr. David Flores re Mr. David Flores, Chairman -Elect for the Hispanic Chamber of Commerce, appeared M&C G-9626 before the City Council and advised Council that the Chamber is in support of Waste Management's bid~and would like to see participation by members of its organization. Mr. Earl Burrell re Mr. Earl Burrell, President of Resource Marketing, appeared before the City M&C G-9626 Council and expressed favorable --consideration for the awarding of the bid to Haste Management, Inc., and advised Council that Waste --Management has committed to helping his company, with technicalm assistance as. well as financial assistance and that the awarding of this contract will be a positive factor in the City of Fort Worth. Reverend R.L. Living- Reverend R.L. Livingston, 2316 Wyatt Court, appeared before the City Council and ston re M&C G-9626 expressed -favorable consideration:for= the+rawardingl.of ithe bid to Waste Management, Inc., support for this joint -venture by the City -of -Fort Worth and Waste Management. Mr. Roy Brooks re Mr. Roy Brooks, President oU the Minority Leaders and Citizens Council, appeared M&C G-9626 before the City Council in support of Option D and stated that the best interest of the City would be served by creating strong corporate citizens in the minority community. Mr. Mickey Flood re Mr. Mickey .Flood, Vice President! of -.-Waste Management of Worth America and M&C G-9626 President of Waste Management of -Texas,iappeared before rtheXity Council and described the commitments made;.with regard to the DBE program, -'establishment of the opportunity for true- development and growth by minority-owned.:businesses; the pilot program; and with regard to the hiring of displaced employees of the City of Fort Worth contingent Minutes of City Council U-3 Page 49 50 Tuesday, April 21, 1992 Mr. Mickey FloodII upon a physical and drug testing; and requested that the City Council give favorable statement cont. consideration to Option D for Residential Garbage and Recycling Collection Services. Mr. Calvin Booker re Mr. Calvin Booker, Special Project Manager from the Regional Office of Waste M&C G-9626 Management, appeared before the City Council and advised City Council that they are proud of their programs and pilot programs, and requested that City Council give favorable consideration to Waste Management, Inc., for the award of contract to provide garbage and recycling collection services for the City of Fort Worth. Mr. Wes Constable Mr. Wes Constable, representing Commercial Metals Company, appeared before the re M&C G-9626 City Council and advised Council that, in his opinion, CMC was the low bidder and, after listening to deliberation on today, has lead him to believe that new criteria was established after bids were received on this contract; and advised Council that'the 50 percent DBE is only for the recycling portion of Waste Management, Inc., contract and does not include the garbage portion of the contract. Mr. Joe Cameron re Mr. Joe Cameron, President of the Taxpayers' Association, 4605 Applewood Road, M&C G-9626 appeared before the City Council and expressed opposition to the selection of Option D for residential garbage and recycling collection -services; stating that the racial factor should not be included in the selection process for the award of the contract; and requested that City Council reject the bid and rebid the project. Interim City Manager Interim City Manager Terrell advised Council that by approving Mayor and Council Terrell re M&C Communication No. G-9626, the City Council is only approving the selection of a G-9626 provider and that in approximately two to three weeks, staff will come back with the contract which would spell out all of the terms and clauses brought forth on today. Assistant City Manage Ramon Guajardo re Assistant City Manager Ramon Guajardo appeared before the City Council and M&C G-9626 advised City Council that a provision can be placed in the contract stating that if any table of the identifiable recycled material cannot be marketed, then the successful Mr. Brent Dickey re contractor has no choice but to landfill, but must seek City Council approval first; escrow agreement and advised City Council that a statement also will be placed in the contract that states... regardless whether or not there is a market for the recyclable, the contractor must be picked up at curbside by that company; and advised City Council that Council Member Matson corrective steps can be taken should the company landfill without the permission of re Mr. Dickey City Council. Council Member Matson meeting on today with an attachment showing that $150,000.00 was deposited into an re M&C G-9626 Council Member Matson requested that a physical out clause be included in the q p y contract. Council Member Silcox withdrew his second At this time, Council Member Silcox withdrew his second from the substitute from the substitute motion to adopt Option C. Assistant City Mana- the Library and to the proposed location of the cable studio in the Central Library. ger Ramon Guajardo re Assistant City Manager Ramon Guajardo appeared before the City Council and M&C G-9626 advised Council that, in staff's opinion, CMC is capable of providing the proposed Capital Assistance garbage and recycling collection services. When the motion, that Option D be approved for providing garbage and recycling collection services and that staff, be instructed to prepare and submit for City Council approval contracts to implement Option D, was put to a vote by the Mayor, it prevailed by the following vote: RECOMMENDATION• It is recommended that the City Council authorize the City Manager to execute a one year contract with Capital Assistance Group (CAG) to furnish collection services to the Municipal Court at a rate of 25% of the covered funds collected, with options to renew for two consecutive one (1) year terms. Minutes of City Council U-3 Page 50 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Meadows, and Chappell NOES: Council Member Matson ABSENT: Council Member Woods Mayor Pro tempore Webber excused her- p Mayor Pro tempore Webber excused herself from the Council table at this time. self from the Council table Mr.,.Brent Dickey, 3320 McLean, appeared before the City Council and advised Mr. Brent Dickey re Council that an escrow agreement with Tarrant Aggregates was entered into which, in his escrow agreement opinion, is highly irregular; that funds were accepted by company check with no proof that funds were available; and questioned City policy as it relates to divulging information to citizens. Council Member Matson re Mr. Dickey Council Member Matson advised Mr. Dicke that he received a letter before Council y meeting on today with an attachment showing that $150,000.00 was deposited into an escrow account for checks to be drawn on if the work is not completed in a satisfactory manner and provided Mr. Dickey with a copy. Mr. Pat Taylor re Fort Worth Public Mr. Pat Taylor, 1407 North Commerce, appeared before the City Council and Library, Cable expressed opposition to the decision made by Council to go forth with the expansion of Studio the Library and to the proposed location of the cable studio in the Central Library. M&C P-5567 re contract with There was presented Mayor and Council Communication No. P-5567, dated April 7, Capital Assistance 1992, from the Cit Manager, as follows: y g Group SUBJECT: CONTRACT WITH CAPITAL ASSISTANCE GROUP TO FURNISH COLLECTION SERVICES FOR THE MUNICIPAL COURT RECOMMENDATION• It is recommended that the City Council authorize the City Manager to execute a one year contract with Capital Assistance Group (CAG) to furnish collection services to the Municipal Court at a rate of 25% of the covered funds collected, with options to renew for two consecutive one (1) year terms. Minutes of City Council U-3 Page 50 M&C P-5567 cont. M&C P-5599 re agreement with South- western Bell Mobile Systems/Progressive Concepts Council Member Chappel re M&C P-5599 abstain from voting Council Member Meadows re M&C P-5599 conflict of interest affidavit Mayor Pro tempore Webber assumed her chair M&C P-5600 re agreement with Con- troller Services, Inc. 51 Tuesday, April 21, 1992 DISCUSSION•. . In January 1992 a Request for Proposal (RFP) was advertised and also mailed to six prospective vendors. Proposals were receiveU from four vendors. The purpose of the RFP was to procure collection services on delinquent citations and outstanding warrants for -the Municipal Court. The evaluation team consisted of seven city staff members from various backgrounds and expertise.., The -proposals were evaluated ,by Ahe team and the two highest ranking proposers were interviewed. CAG was. selected because of their nearby location and the ability and willingness to tailor their services to the City's specific needs. CAG has similar• -contracts with six other municipalities in the Fort Korth area. This should enhance the ..contractor's ability to locate and process claims.. The proposed 25% fee is applied to funds collected less court costs, state fees and other costs. This, service for Municipal Court has not been previously contracted. -Therefore, the department is unable to estimate•the amount of revenues to the City or how the vendor's charge of -25% of actual covered funds will impact collected revenues. M&C C-13263 was withdrawn from the 3-3-92 City Council agenda in order to address issues of Disadvantaged Business Enterprise (DBE) participation. CAG has submitted a proposal that 35% of its contract will go to qualified DBE firms (see attached letter). The Municipal- Courts Advisory Committee reviewed CAG's proposal, including the DBE component,• and at its meeting of .3-24-92 voted to recommend approval of the contract by the City Council. FISCAL INFORMATION/CERTIFICATION:- The Director of Fiscal Services certifies that no additional funding is required for this collection services contract. Council Member, Chappell made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor? and Council'Communication No. P-5567, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council- Communication No. P-5599 from the City Manager. stating: that Southwesterni Bell Mobil Systems through Progressive Concepts, their licensed. provider of cellular service, has offered a rate schedule to the City that would result in considerable saving for cellular telephone service; that the City of Fort Worth has over 200 active mobile phones which qualify for $95.00 flat monthly rate; that price may not increase,• but is subject to, decrease; that this would allow departments to more accurately budget for their cellular service and in most cases would result -in. considerable -savings; thatananalysis of this proposal shows that the City would .save an estimated $40,000.00 a year based on the current usage; that the Director of Fiscal Services certifies- that no additional funding is required for entering into this agreement; and recommending that the City Manager be authorized to enter -into a five-year .agreement with Southwestern Bell Mobile Systems/Progressive Concepts for cellular telephone service rates -of $95.00 per month flat rate or corporate rate of $37.00 per month with usage fee of $0.30 per minute peak time with off peak and nights free. Council Member Chappell requested permission of.the City Council to abstain from voting on Mayor and CouncillCommunication No. P-5599 involving Progressive Concepts. Council -Member McCray made a motion, seconded • by Council Member Puente, that Council: Member Chappell= be ,permitted to abstain from voting on Mayor and Council Communication No. P-5599.•.When the motion was put•to a vote by the Mayor, it prevailed unanimously. Council Member Meadows advised City Council that he is disqualified from voting on Mayor and, Council Communication No. P-5599 and filed a conflict of interest affidavit. Mayor.Pro-tempore Webber assumed her chair at the Council table at this time. 71 Council Member Matson. made a. motion, seconded 'by Council Member McCray, that Mayor.and •Council Communication No.. P-5599 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, and McCray, NOES: None ABSENT: Council Member woods NOT VOTING: Council Members Chappell and Meadows There was presented Mayor and Council Communication No. -P-5600 from the City Manager stating that -the City- Council authorized a�one-year purchase agreement with two annual renewal options on May 14, 1991, by Mayor and Council Communication No. P-4971 with Controller Services, Inc.,. to provide parts and -repair of irrigation systems; that estimated;.:expenditures -for this service. are -,$11,000.00;_ that service rendered is satisfactory: and staff requests that; the first•. option -to renew be exercised; that Controller Services, Inc., has agreed to maintain unit prices as originally bid; that no guarantee has been made that a. specific quantity- of goods or services will be purchased; that the Director of Fiscal Services certifies that funds required to participate do this purchase agreement are. -available in Ahe current operating budgets, as appropriated, of the eligible City departments; and recommending that the City Minutes of City Council U-3 Page 51 52 Tuesday, April 21, 1992 M&C P-5600 contted Council exercise its first of two options to renew the purchase agreement for all City departments with Controller Services, Inc., to provide parts and repair of irrigation systems, with term of agreement to begin May 13, 1992, and end May 12, 1993, with the option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5601 re There was presented Mayor and Counci l ­Communication No. P-5601 from the City agreemetn with Burly Manager stating that Mayor and Council Communication No. P-4955 was approved by City Corporation Council on May 7, 1991, to provide a purchase agreement with Burly Corporation for the disposal of scrap tires; that the.vendor has notified the "City that prices will remain firm for another year based on Bid No. 91-2096R;' that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in this agreement are available- in the operating budget, as appropriated, of the appropriate funds; and recommending that the City Council authorize the renewal of the purchase agreement with Burly Corporation to provide disposal of scrap tires for all City departments, with term of agreement to begin May 7, 1992, and end May 6, 1993, with no more options to' renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-5602 re There was presented Mayor and Council Communication No. P-5602 from the City agreement from Payless Manager submitting a tabulation of bids received for a purchase -agreement for bagged Cashways #29 cement and sand mix for all City departments; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the 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 purchase agreement be authorized with Payless Cashways No. 29 for all City departments, on its low bid of unit prices, with term of agreement to begin May 13, 1992, and end May 12, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5603 re agreement from There was presented Mayor and Council Communication No. P-5603 from the City Clayton Industries Manager submitting a quotation received for a purchase agreement to provide maintenance of speedometer test equipment for the City Services Department; stating that the Director of Fiscal Services certifies- that funds required for this agreement are available in the Equipment Services Operating Fund; and "recommending that the City Council authorize the purchase agreement with Clayton. Industries on quotation of unit prices of $780.00 for four quarterly maintenance calls and parts at dealer's cost less zero percent, with term of agreement to begin April 21, 1992, and end April 20, 1993, with the option to renew annually for two years. It was the consensus of the City Council that the recommendations be adopted. M&C P-5604 re purchase from Trail- There was presented May and Council Communication' No.. P-5604 from the City master Tanks, Inc. Manager submitting a quotation received for the purchase of fuel truck modification for M&C P-5607 re agreement with Burly the City Services Department; stating that the Director of Fiscal Services certifies Corporation that funds required for this.purchase are available, as appropriated, in the Equipment Services Operating Fund; and recommending that the purchase be made from Trailmaster Tanks, Inc., for an amount not to exceed $10,187.00 net f.o.b. vendor plant site. It was the consensus of the City Council that the recommendation be adopted. M&C P-5605 re There was presented Mayor and Council Communication No. P-5605 from the City agreement with Manager submitting a tabulation of bids received for a purchase agreement to furnish Robertson Fleet - FW brake parts for the City Services Department; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending. that the purchase agreement be authorized with Robertson Fleet - FW on low bid meeting specifications of discounted prices, with term of agreement to begin April 24, 1992, and end April 23, 1993, with options to renew for two additional one-year periods. . It was the consensus of the City Council that the recommendations be adopted. M&C P-5606 re agreement with There was presented Mayor and Council Communication No. P-5606 from the City Safelite Auto Glass Manager stating that the City Council approved a purchase agreement with Safelite Auto Glass on April 16, 1991, by Mayor and Council Communication No. P-4895 to furnish automotive replacement glass _and installation for the City Services Department; that the vendor has agreed to hold prices firm .for an additional year; that the estimated expenditure for this agreement is approximately $30,000.00; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its option to renew the purchase agreement with Safelite Auto Glass to supply replacement glass and installation for the City Services Department, with term of agreement to begin May 5, 1992, and end May 4, 1993, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5607 re agreement with Burly There was presented Mayor and Council Communication No. P-5607 from the City Corporation Manager stating that Mayor and Council -Communication No.' P-5027 was approved by City Council on June 11, 1991, authorizing a purchase agreement with Burly Corporation for trash and debris removal; that the vendor has agreed to maintain the quoted price and the City Services Department has requested that the option to renew be exercised by Council; that the Code Enforcement Division anticipates spending approximately $5,000.00 on this agreement ' 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 General Fund; and recommending that the City Council exercise its option to -renew a purchase'agreement for trash and debris removal with Burly Corporation on its bid of the unit prices, with term of agreement to begin June 11, 1992, and end June 10, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5608 re purchase from Casco There was presented Mayor and Council. Communication No. P-5608 from the City Industries, Inc. Manager submitting a tabulation of bids received for the purchase of 1000 PBI hoods for Minutes of City Council U-3 Page 52 53 Tuesday, April 21, 1992 M&C P-5608 cont. M&C the Fire Department; stating that the Director of Fiscal Services certifies that funds agreement to Rich -Mix required for -this expenditure,,are available in the General Fund;:and recommending that Products, Inc. the purchase be made from Casco Industries, Inc:.; -ion its low bid for an amount not to exceed $9,000.00 net, f.o.b.-Fort Worth, and authorize purchase of 1000 pairs of gloves for the Fire Department from G. Evans Company on its line item low bid meeting City specifications for amount not to exceed $22,560.00 net,,-f.o.b. Fort Worth. It was the consensus of the City Council that the recommendations be adopted. M&C P-5609 re ! ,,• ,� ;,. , - purchase from LDSS- There was presented Mayor and Council Communication No. P-5609 from the City Logical Data Systems Manager submitting a -tabulation of bids received, -for a one-year purchase agreement to and Services and Soft- provide computer hardware and support with a one-year warranty for computer hardware ware Spectrum and to provide computer software for Information Systems and, Services Department; stating that the Director of Fiscal Services certifies that funds required for the anticipated expenditures are available in the current budgets, as appropriated, of the various departments eligible to participate in this agreement; and recommending that the City Council authorize a one-year purchase agreement, beginning May 1, 1992, and ending April .30, 1993, to provide computer. hardware and support with a one year warranty for computer hardware from LDSS-Logical Data+:Systems and Services for the Information Systems and Services Department based on overall low bid of unit prices; M &C re P -56 authorize, the purchase of a one-year extended warranty for computer hardware from agreementment w with LDSS-Logical Data, Systems and Services; and authorize a one-year purchase agreement to Industrial Interna - provide computer software from Software Spectrum for the Information Systems and tional, Inc. Services Department based on low bid of unit prices. It was the consensus of the City Council that the recommendations be adopted. r M&C P-5610 re i agreement with Candle There was presented Mayor and Council Communication =No. P-5610 from the City Corp. Manager stating that specifications require that maintenance for,the Omegamon Products must be furnished by the Candle -•Corporation, the sole provider -:of this software; that. Omegamon/MVS and; Omegamon/CICS are software products � that the -.Information Systems and Services Department, Data Processing Division,,has used for:' --six and three years respectively, to monitor -the internals of. -.the- operating -.system, disk storage subsystems, -and -the teleprocessing network to- resolve problems and for capacity planning; that the proposed upgrades to the two software monitoring products provide additional.,,capabilities for monitoring -current system °crises, allowing the data processing stall to resolve these problems before they cause a degradation of system service to the user or -a system outage; that additional ability to analyze trends from historical data are provided; that the Director of Fiscal Services certifies that funds required for the recommendation 1, expenditure are available in the current operating budget, as appropriated, of the General Fund; the :funds required for recommendation 2 will be included in the proposed budget for FY 1992-93; and,.the funds required for recommendation j3 will be included in the proposed, budgets for FY 1992-93 through FY 1996-97; and recommending that the City jCouncil authorize the upgrade of the Peripheral Licensing Agreement for Omegamon II/MVS with Candle :.Corporation, sole source, for an amount not to•:exceed $6,000.00 with payment consisting ofjutilization of one existing credit of $4,700.00;.the upgrade =of,the,Perpetual Licensing Agreement for Omegamon/CICS with Candle Corporation, sole source, for a amount not to exceed $6,000.00; authorize a 60 month Maintenance Agreement for the Omegamon MVS and CICS Software with Candle Corporation, sole source, for a total amount not to exceed $10,800.00 per year; with term .of agreement to begin October -1, 1992,. and end September -30, 1997. It was the consensus of the City Council that the recommendations be adopted, as amended. M&C P-5611 re agreement with Wallace There was presented Mayor and Council Communication No. P-5611 from the City Computer Service Manager stating that the City Council authorized -a purchase agreement with a two-year renewal option with! Wallace Computer Service to provide icards to Patrons wishing to borrow books and other Library materials by Mayor and Council.Communication No. P-4256; that the vendor has notified the City that prices would remain firm for another year ($81.38 per thousand cards); that the Director of Fiscal Services certifies that funds required for this anticipated expenditure :are: available- in -the current operating budget, as appropriated, of the General Fund; and recommending :that the City Council exercise the last option to renew the purchase -agreement with Wallace Computer Service for the Fort Worth Public Library with term of agreement -to begin May 8, 1992, and end May 7, 1993.,, It•was the consensus of the ;City Council, -that the recommendation be adopted.- dopted. M&C P-5612 re 11 `' ` ' ' ' ` ' ' ., .: agreement to Rich -Mix There was presented Mayor and Council Communication No. P-5612 from the City Products, Inc. Manager stating that the City .Council authorized -.a purchase agreement with an option renewal for .two additional one-year periods to Rich -Mix Products, Inc., on June 11, 1991, by Mayor and Council Communication No.:P-5016 to furnish athletic field marking material for the. Park and Recreation- Department;, that -the vendor has supplied this material, throughout the -year at a satisfactory. -;level rand the Park and Recreation Department has requested thea first option renewal,of this agreement be exercised; that the vendor has been contacted and has agreed to the extensions,for one additional year; that the Director of Fiscal Services certifies that funds required for this anticipated expenditure- during the 1991 -92 --fiscal year •are available in .the current operating budget, as appropriated, of :the General Fund, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending the City Council exercise its first option renewal of the purchase agreement -to ,Rich -Mix Products, Inc., to furnish the Park and Recreation Department athletic field marking material (chalk dust) on its low bid of $2,24 peri 50 pound bag; -for.. a total amount not to exceed $3,360.00 net,- f.o.b.,i Fort Worth, with .term of agreement to , begin June 1, 1992, and end May 34 1993: : It was the consensus of the CityLCouncil that the recommendations be adopted. r , . t Y:►- ..� r M &C re P -56 agreementment w with There was presented Mayor and Council -:Communicat.ion-.,No. P-5613 from the City Industrial Interna - Manager submitting a,tabulation: of; bids received,,:for a.one-year purchase agreement to tional, Inc. provide p.v.c. water pipe class 200 for the Water Department; stating that the Director of Fiscal Services certifies that! funds . required foci this purchase agreement are available in the Water and -Sewer Operating. Fund; and recommending that a one-year Minutes of City Council U-3 Page 53 54 Tuesday, April 21, 1992 M&C P-5613 cont. purchase be authorized with Industrial.International, Inc., on its low bid of unit prices less three and one half percent 30 days, f.o.b. Fort Worth, Texas, with term of agreement to begin April 21, 1992, and end April 20, 1993. -It was the consensus of the City Council that the recommendations be adopted. M&C P-5614 re I purchase from Texas There was presented Mayor and Council Communication No. P-5614 from the City Water Products Manager submitting a tabulation of bids received for the purchase of Clow fire hydrant parts for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the Water and Sewer Operating Fund; and recommending that the purchase be'made from Texas Water Products on its low bid of $6,057.90, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5615 re There was presented Mayor and Council Communication No. P-5615 from the City purchase with Dallas Gasket and Packing Manager submitting a tabulation of bids received for a purchase agreement to provide pump and valve packing for the Water Department; stating 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 purchase agreement 'be authorized with Dallas Gasket And Packing on its low bid of unit prices meeting City specifications, with term of agreement to begin April 21, 1992, and end April 20,, 1993, with the option to renew annually for two years. It was the consensus of the City Council that the recommendations be adopted. M&C P-5616 re There was presented Mayor and Council Communication No. P-5616 from the City agreement with West- Manager submitting a tabulation of bids received for a purchase agreement provide vaso -US Envelope envelopes for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, 'of the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Westvaco -IIS Envelope to provide envelopes for the Water Department' on its low bid of $39,333.75, with term of agreement to begin April 7, 1992, and end April 6, 1993, with two options to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-5617 was with- drawn It was the consensus of the City Council that consideration of Mayor and Council Communication No. P-5617, Purchase of- Various Sizes Cor -Ten T Bolts from Dallas Fastener, Inc., for the Water Department, be withdrawn from the agenda. M&C P-5618 re There was presented Mayor -and, Council Communication No. P-5618 from the City purchase from Commercial Body Corp- Manager submitting a tabulation of bids received for the purchase of 11 hydraulic oration paving breakers for the Water Department; stating that -the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase be made from Commercial Body Corporation on its bid, meeting City specifications,. of $1,885.00 each for a total amount not to exceed $20,735.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5619 re There was presented Mayor and Council Communication No. P-5619 from the City purchase from Bacrac Manager submitting a tabulation of bids received for the purchase of 24 gasoline pipe Supply Company saws for the, -Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase be made from Bacrac Supply Company on its low overall bid of $12,878.40, net f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5620 re There was presented Mayor and Council Communication No. P-5620 from the City purchase from IEL in- Manager submitting a tabulation of bids received for the outright purchase of panel struments, Inc. meters for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer 'Operating Fund; and recommending that the purchase be made from low bidder meeting specifications, EIL Instruments, Inc., for $ 6,620.35 f.o.b. delivered - Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5621 re There was presented Mayor and Council Communication No. P-5621 from the City purchase from Leeds Manager stating that the City Council approved a purchase agreement on February 2, and Northrup Services 1991, by Mayor and Council ' Communication No. P-4770; that the agreement provides for the purchase of replacement parts, repair and engineering service for the Leeds and Northrup control computer system in use at the Village Creek Wastewater Treatment Plant; that Leeds and Northrup Services is the sole source for parts, repair of parts, and engineering services; that the Director of Fiscal Services certifies that funds required for this expenditure are available, as appropriated,"in the Water and Sewer Operating Fund; and recommending that the annual purchase agreement be authorized with Leeds and Northrup Services, sole source vendor, for an amount not to exceed $35,000.00 annually net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5622 re There was presented Mayor and Council Communication No. P-5622 from the City purchase from Ben E. Manager submitting a tabulation of bids received for the purchase of kitchen equipment Keith and furniture for the Golf Fund; 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 purchase be made from low bidder, Ben E. Reith for an amount of $14,355.75. It was the consensus of the City Council that the recommendation be adopted. M&C P-5623 re There was presented Mayor and Council Communication No. P-5623 from the City purchase from Sam's Manager submitting a tabulation of bids received for the purchase of soft body armor Club Minutes of City Council U-3 Page 54 55 Tuesday, April 21, 1992 cont. for the Police Department; stating that the Director of Fiscal Services certifies that upon adoption of the appropriations ordinance, the.fundsrequired for this anticipated expenditure will be available in the current operating: budget of the Special Trust Fund; and recommending that the City Council approve. an appropriations ordinance increasing estimated receipts and appropriation in . the Special Trust Fund by $240,793.00 from Awarded Assets and authorize the purchase of soft body armor from Sam's Club on low bid meeting specifications for a total not to exceed $240,793.00. On motion of Council Member Chappell, seconded by Council Member McCray, 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 McCray. 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, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The ordinance, as adopted, is as follows: Ordinance No. 11077 ORDINANCE NO. 11077 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $240,793.00 FOR THE�PURPOSE OF PURCHASING SOFT. BODX ARMOR FROM SAM'S CLUB; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE _ CUMULATIVE OF PRIOR ORDINANCES�.AND REPEALING ALL PRIOR.. ORDINANCES , IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE.IT ORDAINED BY THE CITY COUNCIL OF THE.CITY OF FORT WORTH, TEXAS: SECTION 5. 2. Lease the above property for -one .year with renewals until the subject property is advertised for sale to ,the general public, and at such time said property is sold, and 3. Approve the mowing and maintenance of the 43 -acre tract in compliance with City specifications by the Hutsons as consideration for the lease of the entire 44 acres of land. DISCUSSION: On September 18, 1990 (M&C L-10213), the City Council authorized the City Manager to enter into lease agreements for each of the seven (7) parcels at Justin Time Airfield.,,The seven lease agreements were based on a month-to- month basis until subject properties are advertised for sale to the general public and at such time all properties be sold. These leases are subject to the normal- 30 -dap cancellation clause.:., At the time each of the above seven (7) parcels were purchased for the purpose .of the construction of Alliance Airport, the City also acquired a 43 -acre tract adjacent to the above parcels. Minutes of City Council U-3 Page 55 This ordinance shall take effect and be in full force and effect from and after theAate of its passage, and it is so ordained. M&C L-10898 re There was presented Mayor and Council Communication No. L-10898 from the City acquisition of per- Manager recommending that the City Council authorize the acquisition of a permanent manent storm drain storm drain easement described as a 10 foot by 13 foot strip out of Lot 7, Block 36, and temporary con- J.M. Moody Addition and a temporary construction easement described as a 10 foot by 27 struction easements foot strip out of .Lot 7, Block 36, J.M. Moody Addition (3263 Hutchinson) from United Gas Pipe Line Company for Hutchinson Avenue for a total consideration of $1.00, and authorize:the acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be adopted. M&C L-10899 re There was presented Mayor and Council Communication No. L-10899 from the City leasing of 44 acres of Manager, as follows: land and improvements d,.r theron SUBJECT: LEASE AGREEMENT FOR 44 ACRES, OF'LAND:•OUT OF THE MARY POLK SURVEY, ABSTRACT NO. 993, AT:.JUSTIN.:.TIME AIRFIELD FOR JACK HUTSON AND BARBARA HUTSON RECOMMENDATION• It is recommended that the City Council: :1.: Authorize the leasing of 44 acres of land and the improvements thereon out of the Mary Polk Survey, Abstract No. 993, at Justin Time Airfield, to Jack Hutson and Barbara Hutson, and 2. Lease the above property for -one .year with renewals until the subject property is advertised for sale to ,the general public, and at such time said property is sold, and 3. Approve the mowing and maintenance of the 43 -acre tract in compliance with City specifications by the Hutsons as consideration for the lease of the entire 44 acres of land. DISCUSSION: On September 18, 1990 (M&C L-10213), the City Council authorized the City Manager to enter into lease agreements for each of the seven (7) parcels at Justin Time Airfield.,,The seven lease agreements were based on a month-to- month basis until subject properties are advertised for sale to the general public and at such time all properties be sold. These leases are subject to the normal- 30 -dap cancellation clause.:., At the time each of the above seven (7) parcels were purchased for the purpose .of the construction of Alliance Airport, the City also acquired a 43 -acre tract adjacent to the above parcels. Minutes of City Council U-3 Page 55 56 Tuesday, April 21, 1992 L-10899 cont. The rental rate of- thel-Hutsons' current lease of, a one -acre parcel is $3,600.00 per year ($300°peri month); while the: City spent $3,870.00 last summer to keep the 43 acre- tract mowed:, Therefore, by leasing the entire 44 acres to the Hutsons in consideration' of the mowing and maintenance, there will result a $270 per year savings to the City.-- Jack Hutson was the low bidder for the 1991 contract. The Hutsons have approached staff on leasing the 43 acre tract along with their one- acre tract and three (3) bedroom house in exchange for the monetary value. , Staff concurs with this.' This property -is located in DISTRICT 2.-: L-10899 adopted II It was the consensus, of the, City Council- that the recommendations, as contained in Mayor and Council Communication No. L-10899, be adopted. M&C L-10900 re There was presented Mayor and Council: Communication No. L-10900 from the City appraisal of property Manager stating that the City Council authorized the sale of City owned property (the Downtown Service Garage) on -June. 25, 1985, by Mayor and Council Communication No. L-8515 to the State for the improvement of I-30; that the Cherry Street exit ramp, was subsequently realigned without the entire- property being, utilized as originally anticipated; that the staff has approached the State to determine the feasibility of reacquiring the property for continued use as a service center; that the D.O.T. has been .receptive to the request; however, are requiring an appraisal to determine fair market value; that the Director, of Fiscal Services -certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Equipment Services Operating Fund; and recommending that the City Council approve the resolution authorizing the appraisal of property•located at I-30 and Cherry Street being occupied by the Downtown Service Center for an amount not to exceed $2,500.00. It was the consensus of the City Council that,the recommendation be adopted. Introduced a Council Member Chappell introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The resolution, as adopted, is as follows: Resolution No. 1825 RESOLUTION NO. 1825 CONCURRING IN THE STATE'S DETERMINATION THAT' A PORTION OF THE STATE'S-RIGHT-OF-WAY'IS N0, LONGER NEEDED AS A ROAD AND THAT THE RIGHT-OF-WAY BE QUITCLAIMED TO THE CITY OF FORT WORTH IN ACCORDANCE WITH STATE REGULATIONS =�- WHEREAS, the State of Texas acquired and holds in its own name right-of-way on Interstate Highway 30 as described in Exhibit A attached hereto and made a part hereof, and WHEREAS, the State of Texas has determined that said right -of -wap is no longer needed for the construction, maintenance and operation of Interstate Highway 30, and WHEREAS, City Staff have studied the public need for said right-of-way and have determined that said right-of-way is no longer needed by the citizens as a road for public ,transportation purposes, and is not suitable for conservation, park, recreation and/or similar purposes. WHEREAS, City Staff have determined that the City of Fort Worth needs said right-of-way for the continued operation of the City's vehicle service center; and WHEREAS, City Staff'recommends that the City Council proceed according to the State's requirements` to have the right -of -way appraised and offered for sale to the City of Fort Worth. . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the State's right-of-way, shown on the attached Exhibit A is no longer needed —by the citizens as a road and is not suitable for conservation, park, public transportation", recreation or similar purposes; 2. That the City of Fort Worth requests the State of Texas offer the right -of -wap for sale to the City of Fort Worth at the established fair market value. EXHIBIT A Minutes of City Council U-3 Page 56 Tuesday, April 21, 1992 Being 17,500 square feet of land, more or -less, out of Block 3, Nance's Resolution No. 1825 Addition to the City of Fort Worth, Tarrant County, Texas, and being a cont. portion of Parcel 170A, Part 1 conveyed to the State of Texas by deed dated July 2, 1985 and recorded in Volume 8277, Page 906 of the Deed Records of Tarrant County, Texas, which 17,500 square feet of land, more or less, are more particularly described as follows: ' BEGINNING at a set right-of-way monument at the intersection of the south line of 13th Street and the north right-of-way line of Interstate 30 as recorded in Volume 8277, Page 906 of the Deed Records of Tarrant County, said point being South 89' 53' 32" West (South 89' 54' West) a distance of 61.44 feet from the northeast corner of Block 3, Nance's Addition, said point also being 342.29 feet northerly of and radially opposite station 233+74.22 on the abandoned centerline alignment -of Interstate 30; THENCE along said north right-of-way line of Interstate 30 the following courses and distances: (1) South 69' 18' 20" East (South 69' 18' East), a distance of 36.93 feet to a set right-of-way monument; (2) South 740 34" 26" East (South 740 34- East), a distance of 37.25 feet to a set right-of-way monument in the East line of Said Block 3; THENCE along the Easterly line of said Block 3, the following courses and distances: II (3) South 25' 23' 14" West (South 25' 23' West), a distance of 58.95 feet to a set P.R. Nail; (4) South 59' 37' 41" West (South 590 38' West), a distance of 28.13 feet to a Y cut in concrete in the Southerly lineof said Block'3; (5) THENCE in a westerly direction along the Southerly line of said Block 3, along the arc of a circular curve to the left 'having a radius of 731.78 feet and through a central angle of 13'03'19' a distance of 166.74 feet to a "Y" cut in concrete in said curve whose center bears South 09' 09' 20" East; (6) THENCE North 000 16' 32" East (North 00' 17' East), along a line lying 10.00'feet easterly of and parallel to the West line of said Block 3, a distance of 97.79 feet to a set P.R. Nail in the' South line of said 13th Street; (7) THENCE North 89' 53' 32" East (North 89' 54' East), along the South line of said 13th Street a distance of 144.83 -feet to the POINT OF BEGINNING. Being 8,834 square feet of land, more 'or less, out of Block 2, Nance's Addition to the City of Fort Worth, Tarrant County, Texas 'and being all of Parcel 170A, Part 2 conveyed to the State .of Texas by deed dated July 2, 1985, and recorded in volume 8277, Page 906 of 'the Deed Records, Tarrant County, Texas, which 8,834 square feet of land, more of less, are more particularly described as follows: BEGINNING at a 60d nail at the southwest corner of said Block 2, Nance's Addition said corner being the intersection of the East line of Cherry Street and the North line of 13th Street;' (1) THENCE North 000 16' 32" East (North 00' 17' East), along the East line of'said Cherry Street, a distance of 240.09 feet to a point under a wall—in the Northerly right-of-way line of ' Interstate Highway 30, said point being 639.82 feet northerly'of' and radially opposite survey station 232+94.92 on the abandoned centerline of Interstate Highway 30; THENCE along said northerly right-of-way line of Interstate Highway 30 the following courses and distances: ' .. (2) South 05' 55' 22" East (South 05' 55" East)' a distance of 38.26 feet to a "Y" cut in concrete; (3) South 13' 42' 42" East (South 13' 43' East)''a*distance of 53.31 feet to a point under a wall; (4) South 24' 24' 53" East (South 24' 25' East) a distance of 87.57 feet to a "Y" cut in concrete; (5) THENCE in a Southeasterly direction continuing along said northerly right -of -wap line of Interstate Highway 30, along the arc of a circular curve to the left having a radius of 214.00 feet and through a central angle of 23' 47' 24" a distance of 88.86 feet to a "Y" cut in concrete in said curve whose center bears North 40' 56' 01" East, said point also being in the South line of said Block 2, said point also being in the North line of said 13th Street, said point also being South 89''53' 32" West(South 89' 54' West) a distance of 125.26 feet from the southeast corner of said Block 2; Minutes of City Council U-3 Page 57 W W Tuesday, April 21, 1992 (6) THENCE South 89' 53' 32". West (South 89' 54' West) along the north Resolution No. 1825 line of said 13th Street, a distance. of 107.24 feet to the POINT OF cont. BEGINNING. Note: Bearings shown in parenthesis relate to, the State's right -of -wap project number 9002-6-15. Grantee's use of and access to the adjacent highway facility, of which the above described tracts were a parto shall be: and forever remain subject to the same regulation .by legally constituted authority as applied to the public's use thereof; and, -that. access.will..be denied to and from the right -of -wap of Interstate Highway 30 as follows: Part 1: Between the beginning of the sixth call and the end of the sixth call of the foregoing metes and bounds description of Part -I; Part 2: Between the beginning of the first call and the end of the first call of the foregoing metes and bounds description of Part 2. M&C C-13299 re cont. for two weeks It was the consensus of the City Council that Mayor and Council Communication No. C-13299, Lease with Airport Properties, Inc., at Fort Worth Spinks Airport, be continued for two weeks. M&C C-13301 re cont. for two weeks It was the consensus of the City Council that Mayor and Council Communication No. C-13301, Contracts with Centerline Constructors,, Inc., and Larry H. Jackson Construction for Assessment Paving of N. Nichols Street from Long Avenue to N.E. 38th Street and Related Water and Sewer Line Replacements-, be continued for two weeks. M&C C-13303 re cont. for two weeks It was the consensus of the City Council that Mayor and Council Communication No. C-13303, Contracts with Centerline Constructors, Inc., and Conatser Construction, Ins., for Assessment Paving of Hutchinson Avenue from Dewey Street to Diamond Road and Related Water and Sewer Line Replacements, be continued for two weeks. M&C C-13328 re There was presented Mayor and Council Communication No. C-13330 from the City contract with Oscar There was presented Mayor and Council Communication No. C-13328 from the City Renta Contracting, Manager submitting a tabulation of bids received for sludge drying beds levee repair at Inc. Village Creek Wastewater Treatment Plant;.stating.that the Director of Fiscal Services Perkins certifies that funds required for this contract are available in the current capital budget, as appropriated, of the Commercial Paper Sewer Fund; and recommending that the City Manager be authorized to execute a construction contract with Oscar Renda Contracting, Inc., for sludge drying beds levee repair, at -the Village Creek Wastewater Treatment Plant on low bid of $284,870.00.. It was the consensus of the City Council that the recommendation be adopted., ., M&C C-13329 re in the amount of $43,170.00 from Water Sewer Operating Fund, Sewer Project to Sewer agreement with There was presented Mayor and Council Communication No. C-13329 from the City McDonald and Manager stating that the water main replacement in East Terrell Avenue includes design Associates of plans and specifications for thereplacement. of approximately 1,400 linear feet of 8 -inch water line in East Terrell Avenue, from the east side of the railroad to Exeter M&C C-13331 re Street, prior to the Transportation/Public Works street reconstruction project; that amendment to contract the Director of Fiscal Services certifies that funds required for this agreement are with McAuliffe, Kelly available in the current operating budget, as appropriated, of the Water Capital Raffaelli and Siemans Improvement Fund; and recommending that the City Council authorize a fund transfer in the amount of $7,500.00 from Water and Sewer Operating Fund, Water Project to Water .Capital Improvement Fund, Water Replacement, East Terrell Avenue and authorize the City Manager to execute an engineering agreement with McDonald and Associates for the water main replacement in East Terrell Avenue for a total fee not to exceed $7,000.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-13330 re There was presented Mayor and Council Communication No. C-13330 from the City authorized fund trans Manager stating that the water and sewer replacement in Chestnut Avenue includes the fer and agreement design of plans and specifications for replacing approximately 3,200 linear feet of 8 - with Teague Nall & inch water line and replacing sanitary sewer mains M-16 and M -B in the area serving Perkins Chestnut Avenue, in conjunction with a Transportation/Public Works project; 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 Council authorize a fund transfer in the amount of $13,850.00 from Water and Sewer Operating Fund, Water Project to Water Capital Improvement Fund, Water Replacement, Chestnut Avenue; authorize a fund transfer in the amount of $43,170.00 from Water Sewer Operating Fund, Sewer Project to Sewer Capital Improvement Fund, Sewer.Replacement, Chestnut Avenue; and authorize the City Manager to execute an engineering agreement with Teague Nall & Perkins for water and sewer replacement in Chestnut Avenue for a total fee not to exceed $54,020.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-13331 re There was presented Mayor and Council Communication No. C-13331 from the City amendment to contract Manager, as follows: with McAuliffe, Kelly Raffaelli and Siemans SUBJECT: RAILTRAN: AMENDMENT TO CITY SECRETARY CONTRACT NO. 17114 FOR LEGAL SERVICES WITH MCAULIFFE, KELLY, RAFFAELLI AND SIEMENS RECOMMENDATION• It is recommended that execute an amendment to term of said contract to 1991. DISCUSSION• the City Council authorize the City Manager to City Secretary Contract No. 17114 to extend the cover legal services provided through April 30, Minutes of City Council U-3 Page 58 s9 Tuesday, April 21, 1992 M&C C-13331 cont. In 1989, the City Councils of Fort Worth and Dallas, acting upon the recommendation of the Railtran Policy Committee, authorised their City Managers to enter into a contract with the law firm of McAuliffe, Kelly, Raffaelli and Siemans (KKRS) to provide legal services in the intergovernmental relation field for the RAILTRAN System. (See K&C C-11542, adopted 3-28-89.) The contract was for a fixed monthly retainer fee of $10,000 plus reasonable and necessary expenses, not to exceed a total compensation under the agreement of $200,000. The term of the contract commenced on Kay 10, 1989, and the contract was cancelable on thirty days written notice by either party. However, the contract's termination date was not as clearly specified. Other provisions in the contract, however, could be read as terminating the contract at the end of the term of the 101st Congress. Certain legal services were provided by KKRS subsequent to the end of the 101st Congress but before the approval by the City Councils of a new agreement with KKRS (City Secretary Contract No. 18855). These services were performed during the months of January, February, Karch and April of 1991 and totaled $31,959.25. Since these services were charged to Contract No. 17114, it is necessary to amend the contract in order to make clear that it covers services through April 30, 1991. Total expenditures under said contract do not exceed the previously authorized maximum compensation. FISCAL INFORMATION/CERTIFICATION: This Council action does not require the expenditure of City funds. M&C C-13331 adopted It was the consensus of the City Council that the recommendation, as contained in Kayor and Council Communication No. C-13331 be adopted. M&C C-13332 re contract with Texas There was presented Mayor and Council Communication No. C-13332 from the City Manager stating that the City Manager Department of Commerce was authorised by City Council on April 23, 1991, by Kayor and Council Communication No. C-12816 to enter into a contract with Texas Department of Commerce for $815,133.00 in Title III 60 percent funds for implementation of the Job Training Partnership Act Title III Economic Dislocation and Worker Adjustment Assistance Act Program Plan for 1991, for the contract period July 1, 1991, to June 30, 1992; that the City Manager was authorised to execute an amendment to the original contract on November 12, 1991, by Mayor and Council Communication No. C-13126, increasing it by $998,186.00; that the Fort Worth Consortium Private Industry Council approved a funding request on March 5, 1992, to increase the contract amount with Texas Department of Commerce by $201,814.00; that this increase is from state allocated JTPA Title III 60 percent funds; that, additionally, in a letter dated February 10, the Texas Department of Commerce has made available to the Fort Worth Consortium $7,005.00 in deobligated funds, which are also treated as 60 percent funds; that the Director of Fiscal Services certifies that funds required for these expenditures will be available contingent upon the execution of this contract amendment with the Texas Department of Commerce; and recommending that the City Manager be authorized to execute two amendments to the Job Training Partnership Act Title III Economic Dislocation and Worker Adjustment Assistance Act grant contract with Texas Department of Commerce for the contract period July 1, 1991, through June 30, 1991, by increasing the amount of the contract by $201,814.00 to a new total contract amount of $1,015,133.00, and increasing the $2,015,133.00 amount by $7,005.00 to a new total contract amount of $2,022,138.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-13333 re contract with Paul There was presented Mayor and Council Communication No. C-13333 from the City Manager stating that, at its April 14, Ray & Carre Orban 1992, pre -council meeting, the City Council discussed the employment of a search firm to conduct an executive search for the International (Pau 1 city manager position; that the Council directed staff to prepare the necessary Mayor and Council Communication recommending A. Ray and Company, the employment of Paul Ray d Carre Orban International to conduct the search; that the search will take approximately six Inc. ) months at a fee of $30,000.00, plus related expenses, estimated at $7,500.00; and recommending that the City Manager be authorised to execute a contract based on a contract with Paul Ray 5 Carre Orban International (Paul A. Ray and Company, Inc.), 301 Commerce Street, Fort Worth, Texas 76102, to conduct an executive search for a city manager for an amount not to exceed $37,500.00 and adopt a supplemental appropriations ordinance increasing the appropriation in the General Fund by $37,500.00 and decreasing the Unreserved, Undesignated General Fund balance by the same amount. Mr. Joe Cameron re M&C C-13333 Kr. Joe Cameron, 4605 Applewood Road, appeared before the City Council and advised Council that the information provided to the citizens, at this time, does not warrant an executive search for City Manager position; asked the City Council to use it's own resources; and urged Council to reject this contract. Introduced an Ordinance Ordinance No. 11078 Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. C-13333 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, McCray, Meadows, and Chappell NOES: Council Members Katson and Silcox ABSENT: Council Member Woods Council Member Chappell introduced an ordinance and made a motion that it be 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, McCray, Meadows, and Chappell NOES: Council Members Katson and Silcox ABSENT: Council Member Woods The ordinance, as adopted, is as follows: ORDINANCE 10. 11078 AN ORDINANCE APPROPRIATING $37,500 TO THE GENERAL FUND AND DECEASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING A CONTRACT FOR AN EXECUTIVE SEARCH FOR A CITY MANAGER; 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: Minutes of City Council U-3 Page 59 Rrn Tuesday, April 21, 1992 Ordinance No. 11078 cont. 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. Z-92-019 cont. It appearing to the City Council that on April 14, 1992, the City Council continued the hearing in connection with the recommended change in toning from "B" Two -Family to "E -R" Restricted Commercial of property located at 3301 Stalcup Road, Zoning Docket No. Z-91-019, from day to day and time to time and especially to the City Council meeting of April 21, 1992, to give every interested person or citizen opportunity to be heard, Mayor Granger asked if there was anyone present desiring to be heard. Council Member McCray ground breaking Council Member McCray extended an invitation to the City Council and citizens for the ground breaking ceremony to be ceremony for the new held on Friday, April 24, 1992, at 3:00 p.m. for the new health clinic to be located at 3301 Stalcup Road. health clinic There being no one else present desiring to be heard in connection with the application of Tarrant County Hospital District from "B" Two -Family to "E -R" Restricted Commercial, Zoning Docket No. 2-92-019, Council Member McCray made a motion, seconded by Council Member Chappell, that the hearing be closed and the application be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Ordinance Council Member McCray introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Meadows, and Chappell NOES: None ABSENT: Council Member Woods The ordinance, as adopted, is as follows: Ordinance No. 11079 II ORDINANCE NO. 11079 AN ORDINANCE AMENDING TER COMPREHENSIVE ZONING ORDINANCE, ORDINANCE 10. 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 TER 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 NAPS"; 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 AM EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. Minutes of City Council U-3 Page 60 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. Mayor Granger excused herself from the Mayor Granger excused herself from the Council table at this time and Mayor Pro tempore Webber assumed the chair. Council table Ms. Doris Benjamin re Ms. Doris Benjamin, 416 Tourney, appeared before the City Council and extended an invitation to a rally to be held rally at the FW State at 5:30 p.m. on Friday, April 24,1992, at the Fort Worth State School. School Mr. Bobby Martin re Mr. Bobby Martin, 1819 South Adams, appeared before the City Council and advised Council of a petition that he has "HC" Subdistrict Over— in draft form in which he intends to file a class action suit regarding the "HC" Overlay Subdistrict zoning in the Fairmount lay Zoning area. Ms. Gean Gros re "HC" Subdistrict Over— Ms. Gean Gros,_ Chairman of the Fair Park Neighborhood Association, 1901 Alston, appeared before the City Council lay Zoning regarding unanswered questions she has in regard to the removal of the "HC" Overlay Subdistrict Zoning Classification in the Fairmount area from City Attorney Adkins or Mr. Joe Bilardi. City Attorney Adkins re Ms. Gros Cit Attorney Adkins advised Ms. Gros that he will submit in writing to the City Council an answer to all of her Y y questions and will provide her with a copy of the information before the end of this week. Mr. Chip Diano re Help Us Break Down Mr. Chip Diano, 6007 Westridge Lane, Apartment 102, appeared before the City Council and advised Council that they Wal Is Vigil were not receiving their mail or not viewing the mail as it comes in and requested information regarding which Council Member would be attending the "Help Us Break Down Walls Vigil" to be held on Tuesday, May 5, 1992, on the east lawn of Tarrant County Courthouse. Mayor Pro tempore Webber re Mr. Diano Mayor Pro tempore Webber advised Mr. Diano that one of the Council Members will be in attendance to present the proclamation to his group. 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 discuss the salary of the Interim City Manager, as authorised by Section 2(g), Article 6252-17, Y.A.C.S. Reconvened into regular session The City Council reconvened into regular session with Mayor Kay Granger; Council Members Morris Matson and Jewel Woods absent. Minutes of City Council U-3 Page 60 Executive session cont. lAdjourned 61 Tuesday, April 21, 1992 Council Member Silcox made a motion, seconded by Council Member Chappell, that the Interim City Manager's salary be set at $96,279.00. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. here being no further business, the meeting was adjourned. AC N CITY SECRETARY MAYOR Minutes of City Council U-3 Page 61