HomeMy WebLinkAbout1992/04/28-Minutes-City CouncilCouncil Met
Members Present
Invocation
Pledge of Allegiance
Minutes of April 21,
1992 approved
Proclamation - Retired
Senior Citizens
Volunteer Program of
United Way
Proclamation - Texas
Girls' Choir Day
Proclamation -
National Youth Service
Day
Rotary Foundation
Group Study Exchange
Program
Withdrew M&C Nos.
G-9631 and P-5627
Withdrew M&C Nos.
P-5627 and C-13338 and
an amendment to M&C
C-13338
M&C P-5627 be cont.
for one week
Consent agenda
approved
Nominated Ms. Grace
Martinez Daum on the
Board of Adjustment
Council Member Silcox
re graduating class
of 24 reserve police
officers
M&C OCS-420
Liability Bonds
M&C OCS-420 adopted
M&C OCS-421 Claims
CITY COUNCIL MEETING
APRIL 28, 1992
On the 28th day of April, A.D., 1992, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos
Puente, Chuck Silcox, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell;
Interim City Manager Bob Terrell; City Attorney Wade Adkins; Acting City Secretary
Gloria Pearson; Council Member Morris Matson absent; with more than a quorum present,
at which time the following business was transacted:
The invocation was given by Rabbi Ralph Mecklenburger, Beth -E1 Temple.
The Pledge of Allegiance was recited.
On motion of Council Member Puente, seconded by Mayor Pro tempore Webber, the
minutes of the meeting of April 21, 1992, were approved.
A proclamation for Retired Senior Citizens Volunteer Day was presented to
Ms. Billie King, Assistant Director, Retired Senior Volunteer Program of United'Way.
A proclamation for Texas Girls' Choir Day was presented to Ms. Shirley Carter,
Founder and Executive Director.
A proclamation for National Youth Service Day was presented.
Mr. Joe Orr introduced Rotary Foundation Group Study Exchange Program
Participants from Rotary District 1810 of Koln-Bonn-Trier, Germany guest of Rotary
District 5790 - North Central Texas.
Council Member Chappell requested that Mayor and Council Communication Nos.
G-9631 and P-5627 be withdrawn from the consent agenda.
Interim City Manager Terrell requested that Mayor and Council Communication
No. P-5627 and C-13338 be withdrawn from the consent agenda and advised Council of an
amendment to be made to Line No. 5, under Recommendation, on Mayor and Council
Communication No. C-13338, changing the amount to read "$485,209.20".
Interim City Manager Terrell requested that Mayor and Council Communication
No. P-5627 be continued for one week.
On motion of Council Member Chappell seconded by Council Member Woods, the
consent agenda, as amended, was approved.
Mayor Pro tempore Webber nominated Ms. Grace Martinez Daum for membership on the
Board of Adjustment and made a motion, seconded by Council Member Meadows, that Ms.
Grace Martinez Daum be appointed to Place 8 on the Board of Adjustment. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Council Member Silcox called to the attention of the City Council the graduating
class on last Thursday of 24 reserve police officers who have completed over 200 hours
of classroom training and will be going out on the streets of the City of Fort Worth to
assist the Police and called to the attention of the City Council the graduation
ceremony of the 84th Police Academy Class to be held at 2:00 p.m. on Friday, May 1,
1992 at the Police Training Academy.
There was presented Mayor and Council Communication No. OCS-420 from the Office
of the City Secretary recommending that the City Council authorize the acceptance of
liability bonds, as follows:
PARKWAY CONTRACTORS BOND INSURANCE COMPANY
Jack H. Bryant, Inc. Western Surety Company
Thos. S. Byrne, Inc. Colonial American Casualty and
Surety Company
It was the consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. OCS-421 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:
Minutes of City Council U-3 Page 61
62
Tuesday, April 28, 1992
Fiske Hanley 1. Claimant: Fiske Hanley
Date Received: April 15, 1992
Date of Incident: March 24, 1992
Location of Incident: 4733 Washburn Ave.
Estimate of Damages/
Injuries: $34.75
Nature of Incident: Claimant alleges damages sustained as the
result of Water Department discontinuing
service by mistake.
James Sincleair 2. Claimant: James Sincleair
Date Received: April 15, 1992
Date of Incident: July 13, 1991
Location of Incident: Airtrans Maintenance Building
Estimate of Damages/
Injuries: $100,000.00
Nature of Incident: Claimant alleges injuries sustained as a
result of electrocution caused by defective
wiring.
Alvin F. Booker
3. Claimant: Alvin F. Booker
Date Received: April 20, 1992
Date of Incident: April 8, 1992
Location of Incident: Trinity Blvd.
Estimate of Damages/
Injuries: $110.34 - $169.83
Nature of Incident: Claimant alleges damages to vehicle sustained
as the result of driving over loose gravel in
roadway left by repair truck.
Bridgett Y. Jones 4. Claimant: Bridgette Y. Jones
Date Received: April 21, 1992
Date of Incident: April 12, 1992
Attorney: Kugle, Byrne & Alworth
Location of Incident: 5928 Fletcher, Driveway
Estimate of -Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages sustained as a result
of a Police action.
Pegasus Flight Center
Inc.;ACME School of
5. Claimant:
Pegasus Flight Center, Inc.; ACME School
Longhorn Pilot Shop
of Aeronautics, Inc.; Longhorn Pilot
Inc.;Pegasus Main-
Shop, Inc.; Pegasus Maintenance Company
tenance Company
Date Received:
April 21, 1992
Date of Incident:
March 17, 1992
Attorney:
Newman & Henry, P.C.
Location of Incident:
Main terminal building at Fort Worth -Meacham
Airport
Estimate of Damages/
Injuries:
$55,154.00
Nature of Incident:
Claimants allege damages and injuries
sustained as a result of a fire in the main
terminal.
Linda Michelle Miller
6. Claimant:
Linda Michelle Miller
Date Received:
April 21, 1992
Date of Incident:
April 14, 1992
Attorney:
Kugle, Byrne & Alworth
Location of Incident:
Undeclared
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges damages and injuries
sustained as the result of an accident.
Mary J. Stone 7. Claimant: Mary J. Stone
Date Received: April 21, 1992
Date of Incident: September 9, 1991
Location of Incident: 3663 Encanto
Estimate of Damages/
Injuries: $75.00
Nature of Incident: Claimant alleges damage to property sustained
as the result of a hydraulic oil spill on lawn
from a City -owned vehicle.
Anna L. Rubell 8. Claimant: Anna L. Rubell
Date Received: April 21, 1991
Date of Incident: April 2, 1992
Location of Incident: 900 Blk. S. Hughes
Estimate of Damages/
Injuries: $119.02 - $263.95
Nature of Incident: Claimant alleges damages to automobile
sustained as the result of road conditions.
Robert Darren Duvall 9. Claimant: Robert Darren Duvall & Julia Duvall
& Julia Duvall Date Received: April 21, 1992
Date of Incident: April 13, 1992
Location of Incident: 200 W. Belknap
Estimate of Damages/
Minutes of City Council U-3 Page 62
63
Tuesday, April 28, 1992
Robert Darren Duvall
Injuries:
$140.00
and Julia Duvall clai
Nature of Incident:
Claimants allege damages to property sustained
cont.
paving of South Jones
as the result of the previous owner of his
Street from Biddison Street
to Bolt Street and that notice of
automobile incurring traffic violations that
from Biddison Street
given in accordance with
resulted in his automobile being "booted".
Roy Grounds, Jr.
10. Claimant:
Roy Grounds, Jr.
anyone present desiring to be heard.
Date Received:
April 22, 1992
Date of Incident:
March 18, 1992
Location of Incident:
3209 Comanche Street
Estimate of Damages/
Injuries:
$21.01 - $22.00
Nature of Incident:
Claimant alleges damages to automobile
sustained as a result of being struck by a
City -owned vehicle.
Florence E. Harlow
11. Claimant:
Florence E. Harlow
Date Received:
April 22, 1992
Date of Incident:
July 1991 thru February 1992
Location of Incident:
1408 Hendricks St.
Estimate of Damages/
Injuries:
$440.00
Nature of Incident:
Claimant alleges damages to property sustained
as the result of sewer back-up.
Michael Laurence
12. Claimant:
Michael Laurence Carkin
Carkin
Date Received:
April 22, 1992
Date of Incident:
March 24, 1992
Location of Incident:
Hwy 820 N Bound
Estimate of Damages/
Injuries:
$293.02 - $308.49
Nature of Incident:
Claimant alleges damages to vehicle sustained
as the result of striking a metal object in
the roadway.
Kathleen C. Flaa
13. Claimant:
Kathleen C. Flaa
Date Received:
April 22, 1992
Date of Incident:
March 11, 1992
Location of Incident:
1616 Ashland Ave.
Estimate of Damages/
Injuries:
$299.86
Nature of Incident:
Claimant alleges damages to property sustained
as the result of sewer back-up.
M&C OCS-421 adopted
It was the consensus of the City
Council that the recommendation be adopted.
Beneft Hearing
It appearing to the
City Council that the City Council
on March 24, 1992, set
BH -0091
today as the date for the
benefit hearing for the assessment
paving of South Jones
South Jones Street
Street from Biddison Street
to Bolt Street and that notice of
the hearing has been
from Biddison Street
given in accordance with
Article 1105b, Vernon's Annotated
Civil Statutes, Mayor
to Bolt Street
Granger asked if there was
anyone present desiring to be heard.
Mrs. Martha Lunday re Mrs. Martha Lunday, representing the Department of Transportation and Public
BH=0091 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 -0091, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SOUTH JONES STREET
FROM BIDDISON STREET TO BOLT STREET (PROJECT NO. 67-040276)
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 South Jones Street from Biddison Street to Bolt Street.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of
South Jones Street from Biddison Street to Bolt Street. The street is in
the Worth Heights Target Area and has never previously been constructed to
City standards. Community Development Block Grant (CDBG) Funds will provide
a portion of the construction cost. One- and two-family residences are not
assessed.
South Jones Street will be constructed with standard concrete pavement
including standard driveways and sidewalks as shown on the plans.
Minutes of City Council U-3 Page 63
Tuesday, April 28, 1992
BH -0091 cont. On March 24, 1992 (M&C G-9574), the City Council established April 28,
1992, as the date of the benefit hearing. Notice was given in accord with
Article 1105b, Vernon's Annotated Civil Statutes.
An independent appraiser has provided a report that documents the
enhancement to property values which results from the improvements. Based
on standard City policy, the City Engineer's estimate, and the advice of
the independent appraiser, the division of estimated construction cost is:
Property owners' share of cost
$
31,040.00
( 7%)
City's share of cost
$
421,060.00
( 93%)
Total cost
$
452,100.00
(100%)
There are no unusual situations on this project that require special City
Council consideration.
The project is in DISTRICT 9.
Council Member
Chappell re BH -0091 Council Member Chappell requested that he and Council Member Puente be permitted
abstain from voting to abstain from voting on Mayor and Council Communication No. BH -0091 involving an
assessment against 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. BH -0091. 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 South Jones Street from Biddison Street to Bolt Street, Council
Member Meadows made a motion, seconded by Council Member Silcox, that the
recommendations, as contained in Mayor and Council Communication No. BH -0091, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Silcox, The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Silcox, McCray, Woods, and Meadows
NOES: None
ABSENT: Council Member Matson
NOT VOTING: Council Members Puente and Chappell
The ordinance, as adopted, is as follows:
Ordinance No. 11080 ORDINANCE NO. 11080
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING A PORTION OF SOUTH JONES
STREET FROM BIDDISON STREET TO BOLT STREET, AND PORTIONS OF
SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF
FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF
ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF
THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN
THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE
DATE.
M&C G-9627 re
There was presented Mayor and Council Communication No. G-9627 from the City
sell beer at Gateway
Manager stating that The Knights of Columbus is a non-profit organization which
Park
sponsors numerous events throughout the year and awards the proceeds to various
charitable organizations; that the scheduled tournament is expected to bring
approximately 60 softball teams to Fort Worth for the weekend; that The Knights of
Columbus has requested the right to sell beer for this event and have obtained the
required licensing and insurance coverage for the sale of beer at the park, and off-
duty City of Fort Worth Police officers will be on duty throughout the tournament to
provide security; that the rental revenue in the amount of $420.00 for field use and
light charges, plus ten percent of gross sales due the City of Fort Worth will be
collected by the Park and Recreation Department and deposited to the General Fund; and
recommending that the City Council authorize the Knights of Columbus to sell beer at
Gateway Park during the 2nd Annual Hispanic Softball Tournament to be held on May 9-10,
1992. It was the consensus of the City Council that the recommendation be adopted.
M&C G-9628 re
There was presented Mayor and Council Communication No..G-9628 from the City
donation from Friends
Manager stating that on February 18, 1992, Mayor and Council approved Mayor and Council
of Fort Worth Public
Communication No. G-9516 to hire one full-time development officer to secure private
Library
funding for the library; that Friends of the Fort Worth Public Library agreed to
equally match the City's funding for the position; that the funds donated by the
Friends -of the Fort Worth Public Library will divide the $17,500.00 into four equal
increments beginning in March 1991 and continue funding of the same amount in fiscal
Minutes of City Council U-3 Page 64
Tuesday, April 28, 1992 1
G-9628 cont. year 1992-93, subsequent to an approval in FY 92-93 of the City's matching -the
donation; and recommending that the City Council authorize the City Manager to accept a
donation of $17,500.00 from the Friends of Fort Worth Public Library; adopt an
appropriations ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $17,500.00 from increased revenues; and approve the use of
$17,500.00 by the Fort Worth Public Library to fund half of the library development
officer position. It was the consensus of the City Council that the recommendations be
adopted.
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Woods. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Matson
The ordinance, as adopted, is as follows:
inance No. 11081 ORDINANCE NO. 11081
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SPECIAL TRUST FUND OF THE CITY OF FORT
WORTH FOR FISCAL YEAR 1991-92 IN THE AMOUNT OF $17,500.00 FOR
THE PURPOSE OF ACCEPTING A DONATION FROM THE FRIENDS OF FORT
WORTH PUBLIC LIBRARY TO FUND HALF OF THE LIBRARY DEVELOPMENT
OFFICER POSITION; 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.
ntroduced an
rdinance Council Member Chappell introduced an ordinance "and made a motion that it be
adopted. The motion was seconded by Council Member Woods. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Matson
The ordinance, as adopted, is as follows:
Minutes of City Council U-3 Page 65
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.
&C G-9629 re
There was presented Mayor and Council Communication No. G-9629 from the City
ettlement with Paula
Manager stating that litigation for personal injuries for Paula and Joe Payne arose as
nd Joe Payne
a result of the Plaintiff's falling off a retaining wall in the Water Gardens Park on
March 9, 1985; that a settlement was finally negotiated on March 16, 1992; that the
Council was briefed on this litigation in detail in a previous executive session; that
the Director of Fiscal Services certifies that funds for this settlement are available
in the current operating budget, as appropriated, of the Insurance Fund; and
recommending that the City Council authorize the expenditure of $60,000.00 plus court
costs in the amount of $3,118.22 for payment of the total amount of $63,118.22 as
settlement of Cause No. 141-102625-87, Paula and Joe Payne vs. the City of Fort Worth.
It was the consensus of the City Council that the recommendation be adopted.
&C G-9630 re
ayment from Ken Moore
There was presented Mayor and Council Communication No. G-9630 from the City
nterprises
Manager stating that the Will Rogers Memorial Center entered into a five-year City
Secretary Contract No. 14255 with Ken Moore Enterprises, on April 1, 1985, with five
one-year renewal options, to provide food and beverage concession services at the
complex; that the contract has been extended to April 15, 1992; that Section 3.01 of
this contract provided for an annual payment during the term of the contract to be
placed in a separate fund to be used for improving concession operations, purchases of
improvements or equipment and for advertising, marketing and promotion of usage of
facilities at the Center; and recommending that the City Manager be authorized to
accept a contractual payment, from Ken Moore Enterprises, in the amount of $12,500.00
for improving concession operations, purchases of improvements or equipment and for the
advertising, marketing and promotion of the facilities at Will Rogers Memorial Center
and adopt a supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Special Trust Fund, in the amount of $12,500.00 from increased
revenues. It was the consensus of the City Council that the recommendation be adopted.
ntroduced an
rdinance Council Member Chappell introduced an ordinance "and made a motion that it be
adopted. The motion was seconded by Council Member Woods. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Matson
The ordinance, as adopted, is as follows:
Minutes of City Council U-3 Page 65
11082
M&C G-9631 re
HOP Program for
Liberation Community,
Inc.
Tuesday, April 28, 1992
ORDINANCE NO. 11082
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SPECIAL TRUST'FUND OF THE CITY OF FORT
WORTH FOR FISCAL YEAR 1991-92 IN THE AMOUNT OF $12,500.00 FOR
THE PURPOSE OF IMPROVING CONCESSION OPERATIONS, PURCHASES OF
IMPROVEMENTS OR EQUIPMENT AND FOR 'THE ADVERTISING, MARKETING
AND PROMOTION OF USAGE OF FACILITIES AT WILL ROGERS MEMORIAL
CENTER; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date -of its passage, and it: is so ordained...
There was presented Mayor and Council Communication No. G-9631 from the City
Manager, as follows:
SUBJECT: REQUEST FOR $75400 • TO PROVIDE FIRST LIEN MORTGAGE
FINANCING UNDER THE HOUSING OPPORTUNITY PROGRAM (HOP) FOR
THE LIBERATION COMMUNITY;'INC." NEHEMIAH HOUSING PROGRAM
RECOMMENDATION:
It is recommended that -the Fort Worth City -,Council:
1. Approve a $75,000 fund transfer from -Grant Fund GR76, Prior Year Home
Improvement Loan Staff residual, to Grant Fund GR76, Nehemiah Mortgage
Financing, and
2. Authorize the City Manager to expend $75,000 in CDBG funds to fund
mortgages for low-income home buyers who are purchasing a home through
the Liberation Community, Inc., Nehemiah -Housing Program.
DISCUSSION:
Liberation Community, Inc. has received a, grant of $600,000 from the U.S.
Department of Housing and Urban Development (HUD) under the Nehemiah
Housing Program which will be used to assist -•40 low -income -home buyers to
purchase houses from Liberation Community, Inc. in the Polytechnic Heights
neighborhood in Fort Worth.. Liberation Community, Inc. now owns 40 houses
in the Polytechnic Heights neighborhood which were donated to them.
Liberation Community, Inc- . will find a buyer for each of these houses, make
all the necessary repairs to bring the houses up to City code standards,
and then sell the house to the qualified low-income buyer. The sales price
of the house will be determined by an appraisal of the property. For each
property sold under this program the :Nehemiah Housing Program will provide
a $15,000 zero -interest, second -lien loan which will not be due until the
property is sold. No monthly payments will be made on this portion of the
mortgage. Liberation Community, Inc. has made arrangements for Bank One of
Fort Worth to provide the first -lien, mortgage financing at a market
interest rate but still affordable to families who have low and moderate
incomes.
One requirement= HUD has placed on the Nehemiah. -Program is that the low-
income home buyers must make a cash down payment equal to 10% of the total
purchase price in order to participate in the program.-- In Polytechnic
Heights these home buyers would have to provide $2,500 to $4,000 in cash
before they could buy -a house under ,this program._ That kind of cash down
payment essentially means very few low-income families would have enough
money saved to buy one of these houses and the program would have a
difficult time meeting its goals.
This 10% down payment requirement. can be waived but only if the local unit
of municipal government holds the first lien mortgage on the houses sold
under the Nehemiah Housing Program.. There is no requirement as to the
amount of time the municipal government must hold the -first -lien mortgage.
Therefore, City staff- is recommending that the -Department of Housing and
Human Services -fund the first -lien mortgage through our existing Housing
Opportunity Program (HOP) and then sell the loan at cost to Bank One of
Fort Worth within two weeks after the -loan has closed. When Bank One buys
the loan from the City of Fort Worth, the Housing Opportunity Program loan
fund will be repaid into the -Housing Opportunity Program loan account and
the money will be recycled to fund another- homepurchase.-Prior to the
loan closing, Bank One will assist in• underwriting the borrower and will
sign a commitment letter promising the City of Fort Worth that they will
buy the loan when it closes.
Minutes of City Council U-3 Page 66
67
Tuesday, April 28, 1992
G-9631 cont. It is anticipated that no more than three or four loans..will be closed in
any one month so there will be plenty of time for the money to recycle back
and fund additional loans. It is anticipated that when all 40 houses are
rehabilitated and sold, this $75,000 in CDBG funds will be available to
fund other CDBG activities.
This project is located in COUNCIL DISTRICT 5.
REVIEW BY COMMUNITY DEVELOPMENT COUNCIL:
This item was reviewed by the Community Development Council (CDC) on
Monday, March 9 and was passed •unanimously. CDC members commented that
structuring the program to reduce the down payment requirements will allow
many more low-income home buyers to participate in the program. Other
comments were that when all 40 houses have been purchased and the loans are
funded and sold to Bank One, the $75,000 will come back to the City of Fort
Worth to be used for another program.
FISCAL INFORMATION/CERTIFICATION:
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.
Council Member ChappeV Council Member Chappell advised City Council that he has a loan with Bank One and
re M&C G-9631 ` makes installment payments to the bank.
City Attorney Adkins City Attorney Adkins advised Council that Council Member Chappell is disqualified
M&C G-9631 and Council -
Member Chappell from voting on Mayor and Council Communication No. G-9631.
Mayor Pro tempore r Mayor Pro tempore Webber -advised City Council that - she is disqualified from
Webber re M&C G-9631 voting on Mayor and Council Communication No. G-9631.
Council Member Meadows made a motion, seconded by Council Member McCray, that
Mayor and Council Communication No. G-9631 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, McCray, Woods,
Meadows
NOES: None
Introduced an
Ordinance Council-Member—Chappell introduced -an--ordinance.-and made a motion that it be
adopted. The motion was seconded by Council Member Woods.- The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:.
AYES: Mayor Granger; Mayor Pro tempore Webber; Council -Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell.
.NOES: None
ABSENT: Council-°Member,Matson
The ordinance, as adopted, is as follows:
Ordinance No. 11083 - ORDINANCE NO. 11083
AN ORDINANCE AMENDING SECTION 2-117 OF THE CODE OF THE CITY OF
FORT WORTH TO INCREASE THE SERVICE -CHARGE FROM FIFTEEN DOLLARS
TO TWENTY-FIVE DOLLARS --PER CHECK FOR -CHECKS WHICH ARE RETURNED
AS NONNEGOTIABLE/NONCASHABLETO ANY DEPARTMENT, DIVISION OR
ENTITY OF- THE CITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING FOR AN EFFECTIVE DATE,
•BE"IT ORDAINED BY THE CITY COUNCIL=OF THE,CITY OF FORT WORTH, TEXAS:
Minutes of City Council U-3 Page 67
ABSENT: Council Member Matson
NOT VOTING: Mayor Pro tempore Webber and`.Council Member Chappell
C G-9632 re
ending section
There was presented Mayor and Council Communication No. G-9632 from the City
117 of The Code of
Manager stating that the State Legislature amended Article 9022,:Vernon's Texas Civil
e City of Fort Worth
Statutes, -to allow a holder of a check -returned to the holder, following its dishonor
by a payor, to charge the check's drawer or endorser a reasonable processing fee, not
to exceed $25.00; that this ordinance will amend the City Code to increase the charge
on "bad checks" from $15.00 to $25.00 per check and allow the City to be more fully
compensated for the added staff time required to handle and record such checks; that
this will increase City revenue by approximately $57,000.00, -based on an estimate of 22
returned checks per day; that, the Director of Fiscal Services certifies that the
additional revenue generated by •this ordinance will be credited to the appropriate
operating funds; and recommending that the City Council adopt an ordinance amending
Section 2 -117 -of the City Code toincreasethe service charge from $15.00 to, $25.00 per
check for checkswhichare returned as nonnegotiable/noncashable to any department,
division or entity of the City. It was the consensus of -the City Council that the
recommendation be adopted..
Introduced an
Ordinance Council-Member—Chappell introduced -an--ordinance.-and made a motion that it be
adopted. The motion was seconded by Council Member Woods.- The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:.
AYES: Mayor Granger; Mayor Pro tempore Webber; Council -Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell.
.NOES: None
ABSENT: Council-°Member,Matson
The ordinance, as adopted, is as follows:
Ordinance No. 11083 - ORDINANCE NO. 11083
AN ORDINANCE AMENDING SECTION 2-117 OF THE CODE OF THE CITY OF
FORT WORTH TO INCREASE THE SERVICE -CHARGE FROM FIFTEEN DOLLARS
TO TWENTY-FIVE DOLLARS --PER CHECK FOR -CHECKS WHICH ARE RETURNED
AS NONNEGOTIABLE/NONCASHABLETO ANY DEPARTMENT, DIVISION OR
ENTITY OF- THE CITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING FOR AN EFFECTIVE DATE,
•BE"IT ORDAINED BY THE CITY COUNCIL=OF THE,CITY OF FORT WORTH, TEXAS:
Minutes of City Council U-3 Page 67
Tuesday, April 28, 1992
SECTION 1.
Ordinance No. 11083
cont. Section 2-117 of the Code of the City of Fort Worth is amended to
read as follows:
"Sec. 2-117. Returned Check Charge.
In addition to any other authorized penalty or interest,
there is hereby established a service charge of twenty-five
dollars ($25.00) 'per check for any checks returned as
nonnegotiable/noncashable to any department, division or entity
of the city.
M&C G-9633 re There was
improvements to presented Mayor and Council Communication No. G-9633 from the City
Hughes Street from Manager stating that the 1986 Capital Improvement Program included funds for the
Bertha Avenue to improvement of Hughes Street from Bertha Avenue to Ramey Avenue; that the street is in
Ramey Avenue the Stop Six Target Area and has previously been constructed to City standards; that
the Community Development Block Grant funds will provide a portion of the construction
cost; that the project is located in Council District No. 5; that the total estimate of
the assessment is $250,800.00; and recommending that the City Council:
1. Declare the necessity for and .order the improvements to Hughes Street
from Bertha Avenue to Ramey Avenue, and
2. Authorize the assessment of a portion of the cost of the improvements
to Hughes Street against the owners of the abutting property, and
3. Approve the estimate of costs and amounts.to be assessed as stated in
the Engineer's Estimate, and
4. Establish June 2, 1992, as the dateof 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
Chappell M&C G-9633 Council Member Chappell disclosed his firm's credit card interest with NCNB Bank.
Council Member Silcox Council Member Silcox disclosed that he has a contract with NCNB Bank.
re M&C G-9633
Mayor Pro tempore Mayor Pro tempore Webber advised Council that she is disqualified from voting on
Webber re M&C G-9633 Mayor and Council Communication No. G-9633. q
Council Member McCray made a motion, seconded by Council Member Puente, that the
recommendations, as contained in Mayor and Council Communication No. G-9633, 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, McCray, Woods,
Meadows, and Chappell
NOES: None
ABSENT: Council Member Matson
NOT VOTING: Mayor Pro tempore Webber
M&C G-9634 be
Council Member Chappell made a motion, seconded by Council Member Meadows, that
continued until after
'consideration of Mayor and Council Communication No. G-9634 be continued until after
executive session
executive session. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
M&C G-9635 re
environmental re-
p There was resented Ma or and Council Communication No.
y G-9635 from the City
mediation projects
Manager stating that use of $950,000.00 from the Capital Projects Reserve Fund is
requested as partial funding for the projected costs of $3.9 million in environmental
remediation projects, including engineering and analytical testing services; that the
Environmental Management Office has identified projects relating to environmental
issues which have been delayed in previous years due to budget constraints; that,
whereas staff is aware of current budget issues, the potential liability which the City
faces is far greater than the cost to address these issues; that the Environmental
Management Office has carefully reviewed and evaluated all alternatives and believe it
is in the best interest of the City to proceed with corrective action; that a portion
of this expenditure is anticipated to be offset by the Underground Storage Tank
Remediation Fund; that staff will bring specific contracts for these projects back for
council approval; that the Director of Fiscal Services certifies that funds required
for environmental remediation projects are available for transfer in the Capital
Projects Reserve Fund; and recommending that the City Manager be authorized to approve
the transfer of $950,000.00 from the Capital Projects Reserve Fund, unspecified
projects, to the Specially Funded Capital Projects Fund to provide funds for
environmental remediation projects.
M&C G-9636 re There was resented Mayor and Council. Communication No. G-9636 from the City
approved funding Manager stating that at the yApril 14, 1992, Pre -Council session, Mr. Roger Burke of
for Film Commission � g
of North Texas the Film Commission of North Texas made a presentation regarding the Commission's work
and requested City of Fort Worth participation in the funding of the Commission; and
recommending that the City Council adopt a supplemental appropriation ordinance
increasing the General Fund appropriation by $30,000.00 and decreasing the Unreserved,
Undesignated General Fund Balance by the same amount and authorize the -City Manager to
Minutes of City Council U-3 Page 68
M69
9
Tuesday, April 28, 1992
M&C G-9636 cont. approve funding of $30,000.00 for the Film Commission of North Texas. On motion of
Council Member Chappell seconded by Mayor Pro tempore Webber, 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 Mayor Pro tempore Webber. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Matson
The ordinance, as adopted, is as follows:
Ordinance No. 11084 II ORDINANCE NO. 11084
AN'ORDINANCE APPROPRIATING $30,000.00 TO -THE'GENERAL FUND AND
DECREASING THE•UNRESTRICTED,. UNDESIGNATED FUND BALANCE BY THE
SAME AMOUNT FOR THE PURPOSE OF FUNDING THE FILM COMMISSION OF
NORTH TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF 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; n
Introduced a Council Member. Chappell introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded -by Council Member Meadows. The motion, carrying with
it the adoption of said resolution,;prevailed by?the following vote:
AYES: Mayor Granger;1 Mayor Pro tempore -.Webber; Council Members
Puente, Silcox,-McCray, Woods, Meadows, and Chappell
NOES: None A
ABSENT: Council Member Matson
The resolution, as adopted, is as follows:
Resolution No. 1826 •RESOLUTION NO. 1826
WHEREAS, Raul Ortega and others have filed suite�No. 141-134909-91 in the
141st Judicial District Court of Tarrant County, Texas, against the City of
Forte - Worth' - and .; Gary i 'Santerre, individually .31 and as Director of
Transportation and Public Works of the City; and
WHEREAS, because this matter is -of"- extraordinary'< -importance, and the
Director of Transportation and Public-IWorks has',defenses which are
different from those available to the City of Fort Worth, and it is
Minutes of City Council U-3 Page 69
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-9637 re
There was presented Mayor and Council Communication No. G-9637 from the City
outside legal counsel
Manager stating that Raul Ortega and others filed suit concerning the deaths of three
suit styled by
persons who drowned in storm water runoff create by heavy thunderstorms; that the
Raul Ortega
lawsuit was filed against the City and Gary Santerre as defendants; that Chapter 2,
Article'IXyof-the Fort Worth [City Code establishes a'Personal Liability Indemnity Plan
to protect City employees against liability for damages to third parties which the
employees may incur while Actinglwithin�the course and scope of -their employment; that,
with certain exceptions, Section 2-296 of the Code provides, that when City employees
are sued for such damages the City will provide them with legal representation, either
through the City Attorney or outside counsel; that, because Mr. Santerre, the Director
of Transport$tio i and- Public-,Worksl"' has`lbeen' sued individually in the Ortega case and
may have defenses which ' are'diff erent from those available to the City, Mr. Santerre
has requeste& outside counsel; 7,that7the CityI"Attornef recommends that the City retain
Mr. Ken, Gudgen; attorney at�law,, to represent' -"Mr. Santerre -in this suit; that Mr.
Gudgen is well''recognised for his knowledgei.-and experience in the field of civil
litigation and has agreed to consult with and represent Mr. Santerre in this matter at
an hourly rate' of $185:00; that the Director of Fiscal Services certifies that funds
required for this expenditure are available in, the current operating budget, as
appropriated'; of the Insurance' Fund; and 'recommending that "the City Council retain Mr.
Ken Gudgen pursuant to Section 3,j Chapter VI of:the iClty Charter as outside legal
counsel to represent the Director of Transportation and Public Works in a suit styled
Raul Ortega, et al. v. The City of Fort Worth and Gary Santerre, Cause No. 141-134909-
91 and adopt -a resolution fixing in advance,�,as'far as practicable, the compensation to
be paid Mr. Gudgen for this services in an amount not to exceed $10,000.00. On motion
of Council Member Chappell, seconded by Council Member Meadows, the recommendations
were adopted. t,
Introduced a Council Member. Chappell introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded -by Council Member Meadows. The motion, carrying with
it the adoption of said resolution,;prevailed by?the following vote:
AYES: Mayor Granger;1 Mayor Pro tempore -.Webber; Council Members
Puente, Silcox,-McCray, Woods, Meadows, and Chappell
NOES: None A
ABSENT: Council Member Matson
The resolution, as adopted, is as follows:
Resolution No. 1826 •RESOLUTION NO. 1826
WHEREAS, Raul Ortega and others have filed suite�No. 141-134909-91 in the
141st Judicial District Court of Tarrant County, Texas, against the City of
Forte - Worth' - and .; Gary i 'Santerre, individually .31 and as Director of
Transportation and Public Works of the City; and
WHEREAS, because this matter is -of"- extraordinary'< -importance, and the
Director of Transportation and Public-IWorks has',defenses which are
different from those available to the City of Fort Worth, and it is
Minutes of City Council U-3 Page 69
70
Tuesday, April 28, 1992
Resolution No. 1826 necessary to retain outside counsel to represent the Director of
cont. Transportation and Public Works; and.
WHEREAS, Ken Gudgen possesses knowledge and expertise in civil litigation
and has agreed to represent the Director of Transportation and Public Works
in this suit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
That Ken Gudgen be retained as outside counsel pursuant to Section 3,
Chapter VI of the City Charter, to represent Gary Santerre, individually
and as Director of Transportation and Public Works, in Cause No. 141-
134909-91 and to advise Mr. Santerre in matters relating thereto.
II.
That, as far as practicable, the compensation to be paid Mr. Gudgen for his
services is hereby fixed in an amount not to exceed $10,000.00, Mr.
Gudgen's standard hourly rate being $185.00 per hour.
M&C P-5624 re There was presented Mayor and Council Communication No. P-5624 from the City
agreement with Allen Manager submitting a quotation received for a purchase agreement to provide engine
Testproducts Division analyzer maintenance and extended warranty for 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 a sole source purchase agreement to provide engine analyzer
maintenance and extended warranty with Allen Testproducts Division for unit cost of
parts at dealer's cost less zero percent, $70.00 per hour hourly rate, and $70.00 per
hour overtime rate, $110.00 per call for service calls, with term of agreement to begin
April 21, 1992, and end April 20, 1993, with the option to renew annually for two
years, terms net, f.o.b.-Kalamazoo, Michigan. It was the consensus of the City Council
that the recommendations be adopted.
M&C P-5625 re
There was presented Mayor and Council.,.Communication No. P-5625 from the City
agreement with Pepsi
Manager stating that the Housing -and Human Services,Department will use the purchase
Cola Company
agreements to provide drinks and snacks at a reasonable fee at the seven multi-purpose
centers; that, in order to gain ,the highest percentage of. revenues for the City, the
bid was split to the vendor providing the highest percentage per item; that the Multi -
Purpose Centers of the Housing and Human Services Department are responsible for
collection of funds due the City under this agreement; and recommending that the City
Council authorize the renewal of a purchase agreement..with Pepsi Cola Company to
provide drink vending machines and services for the Housing and Human Services
Department, paying the City. of. Fort Worth 33 .percent of -..gross drink sales; and
authorize the renewal of a purchase agreement with Pro Vending Company to provide snack
machines and services for the Housing and Human Services Department, paying the City of
Fort Worth 21 percent of gross snack. sales, with terms of.agreementsto begin May 1,
1992, and end April 30, 1993, with one remaining renewal option. It was the consensus
of the City Council that the recommendations be adopted.
M&C P-5626 re
There was presented Mayor and Council Communication No. P-5626 from the City
agreement with multi-
Manager submitting a tabulation of bids received for a purchase agreement for
ple vendors
storytelling services for the North Texas -Library System with multiple vendors; that
the Director of Fiscal ,Services certifies that funds,required for this expenditure are
available in the current operating budget, as appropriated, of the Grants Fund; and
recommending that City Council authorize a purchase agreement for storytelling services
with multiple vendors based on availability for times, dates, and locations listed as
follows:
Vendor Name Program Dates Amount
Shelly Kneupper June 2,12,23 $788.54
July.16,20..
Jan Alexander June 17,17(2:00) 518.00
July 22
Elizabeth Ellis May 23 978.15
June 23,24,25
July 15,17
Tom McDermott June 1,2,6,9,10,11,12 3,000.00
June 13,17,18,22,24,30
.July 17,21,22,23
Aug. 6,6 (2:00)
Finley Stewart May 29 3,053.87
June 3,9,10,11,22,24
July 15,20,24,29
Aug. 4,5
M&C P-5626 adopted
M&C P-5627 cont. for
one week
Total amount not to exceed
$8,338.56 net
It was the consensus of the City Council that the recommendations be adopted.
It was the consensus of the City Council that consideration of Mayor and Council
Communication No. P-5627, Purchase Agreements to Provide ;Grounds Maintenance Service
for the Water Department, be continued for one week.
Minutes of City Council U-3 Page 70
71
Tuesday, April 28, 1992
M&C L-10901 re There was presented Mayor and Council Communication No. L-10901 from the City
acquisition of per- Manager recommending that the City Council authorize the acquisition of permanent and
manent and temporary temporary easements described as a portion of Lots 6 and 7, Block 5, Enderly Park
easements Addition (1828 8th Avenue) for a total consideration of $2,640.00 from Sarah Ann
Turner; authorize a fund transfer in the -amount of $2,640.00 from the Water and Sewer
Operating Fund Sewer Capital Project to the Sewer Capital Improvement Fund,
Rehabilitation of Sanitary Sewer M-13, M-20 and M-44; and authorize the acceptance and
recording of the appropriate easements. It was the consensus of the City Council that
the recommendations be adopted.
M&C L-10902 re There was' presented Mayor and Council Communication No. L-10902 from the City
acquisition of right- Manager recommending that 'the City Council approve the acquisition of right -of -wap
of -way described'asla portion of Lot 6A, Block 34, Englewood Heights; 2nd Filing (3100 Bright
Street); find that $362.00 is -just compensation for property acquired from Betty
DeGrate for Forbes Street Reconstruction; and authorize the acceptance and recording of
the appropriate deed. It was the consensus of- the -City Council that the
recommendations be adopted.
M&C L-10903 re There was presented Mayor and Council Communication No. L-10903 from the City
acquisition of right- Manager recommending that the City Council -authorize the acquisition of right-of-way
of -way described as a portion of Lot -A, T.E. Miller Subdivision of the North One-half of Lot
1, Block 34, Englewood Heights, (3101 Campbell Avenue); find that $378.00 is just
compensation for property acquired from Tommy Mays and wife, Sylvia Mays, for Forbes
Street reconstruction; and authorize the acceptance and recording of the appropriate
deed. It was the consensus of the City Council that the recommendations be adopted.
M&C L-10904 re
There was presented Mayor and Council- Communication No. L-10904 from the City
acquisition of per-
Manager>-recommending.that the City .-Council authorize the -acquisition of permanent and
manent and temporary
temporary easement described as 'a portion of Lot 4, Block C-2,'Armstrong's Subdivision
easements
of Enderly-Park-(1620-Enderly,Place), fora total consideration of $3,668.00; authorize
a fund transfer in the -,amount-of $3,668.00 from the- Water and Sewer Operating Fund
Sewer Capital Project to Sewer Capital Improvement'Fund,•Sanitary Sewer Rehabilitation
M-13, 20, and 44; and authorize the acceptance and recording of the appropriate
easements. It was the consensus of the City Council that the recommendations be
adopted.. -.
There was presented Mayor and Council Communication No. L-10905 from the City
M&C L-10905 re
Manager recommending that the City Council authorize the acquisition of permanent and
acquisition of ease-
temporary easements described as a portion of Lot,1,-Block D2,.Armstrong Subdivision of
ments
Enderly -Park (1624- Enderly Place),=•for $1,500.00 rand three trees for $1,675.00 for a
total consideration of $3,175.00 from B. Rex Aman et ux Agnes'Aman; authorize a fund
transfer in the amount of $3,175.00 from the Water and Sewer Operating Fund Sewer
Capital Project to Sewer Capital Improvement :,Fund,,Sanitary Sewer Rehabilitation M-13,
20, and 44; and authorize the acceptance and recording of the appropriate easements.
It was the consensus of the City Council that the recommendations be adopted.
M&C L-10906 reThere
was presented Mayor` and Council -Communication No.�L-10906 from the City
acquisition of tem-
Manager recommending that =the -City Council authorize the acquisition of a temporary
porary construction
construction easement described as a portion of Loti:8,`Block•'1; Whitehall Addition
easement
(4504 Eastland Street); find that $1.00 is just compensation for property acquired from
Arthur L. Chance et ux Vanessa G. Chance,- required for reconstruction of Eastland
Street; and authorize the acceptance of the appropriate easement: It was the consensus
of the City Council that the recommendations be adopted.-
There was presented Mayor and -Council + Communication No. -*L-10907 from the City
M&C L-10907 re
Manager -recommending that the City Council- authorize the -,acquisition of a temporary
acquisition of tem-
construction easement -described:, as -,a° portion. of- Lot :27,1 Block 2, Whitehall #2
porary construction
Subdivision (4620 Eastland Street); find that $1.00 is -just compensation for property
easement
acquired from Catherine Jones -for -,reconstruction of Eastland Street; and authorize the
acceptance of the appropriate easement. = It was the consensus -of -the City Council that
the recommendations beiadopted.
M&C L-10908 re
-There was -presented Mayor and Council Communication No. L-10908 from the City
acquisition of tem-
Manager- recommending -that the City Council approve the -acquisition of a temporary
porary construction
construction easement described as a portion of Lot 28, Block 2, Whitehall #2
easement
Subdivision 14624 Eastland Street); find that $1.00 •,is just compensation for property
acquired from Gladys Jo =Lilly f or -reconstruction of :Eastland Street; and authorize the
acceptance of the -appropriate easement. It was!the ;consensus of the City Council that
the recommendations be adopted. '
M&C L-10909 re
There was presented Mayor and Council Communication No. L-10909 from the City
acquisition of right-
Manager 'recommending that the -City Council approve -the acquisition of right-of-way
of -way
`described as a portion of Lot -'R-13, Block 31, Diamond Hill Addition (2526 Moore
'
Avenue);,find „that $140.00 is -,just compensation for property, acquired from Howard E.
Carr, Jr., required for Moore Street reconstruction south of, Irion Street; and
authorize the acceptance and recording oU the appropriate 'deed. It was the consensus
of the City Council that the recommendations be adopted. - +
M&C L-10910 re
There was',presented Mayor and -Council Communication No.'L-10910 from the City
leasing of Lots 2B,
'Manager" stating that %' the' City Council authorized the acquisition of property from
2C, and 2D, Block 23
Henderson Properties II on February 25, 1992, by Mayor and Council Communication No. L -
Jennings South
10855 which is necessary for the-construction''of-an exit ramp;'that the construction
Addition
project which will -require the use oU this property is not -scheduled in the immediate
future, therefore, as part of the acquisition: negotiation,=thestaff agreed (pending
Council concurrence) with allowing Henderson Properties II to occupy the property for a
period one year -,from closing date rent•3free','with a pre=determined rate of $1,000.00
per month on a month to month lease thereafter;' and >recommending that the City Council
authorize leasing of •Lots 2B, 2C, and 2D, Block 23, Jennings South Addition, with the
Minutes of City Council U-3 Page 71
72
Tuesday, April 28, 1992
M&C L-10910 cont. following provisions: allow Henderson Properties II, a Texas General Partnership, one
year free rent from date of closing;.a $1,000.00 per month rent beyond this one year
time period with a 30 -day termination notice clause;- and that Henderson Properties II
provide the City with an Actual Cash Value Basis and Liability Insurance for
$500,000.00 per occurrence. It was the consensus of the City Council that the
recommendations be adopted.
M&C L-10911 re
There was presented Mayor and Council Communication No. L-10911 from the City
acquisition of
Manager recommending that the City Council authorize the acquisition of a permanent
permanent easement
easement described as a portion of Lot 4, Block D-2, Armstrong's Sub-Enderly Park (1700
described as a portion of Lot 8, Block 2, Elmwood Addition (1629 E. Terrell
Park Place Drive) for a total consideration of $1,700.00,to W. M. Johnston and 'James
manent and temporary
Walter Johnston for M-13,• 20, and 44;, authorize a fund transfer in the amount of
Jackson,
$1,700.00 from the Water and Sewer Operating Fund Sewer Capital Project to Sewer
required for Terrell Avenue reconstruction; and authorize the acceptance and
Capital Improvement Fund, Sanitary Sewer Rehabilitation M-13, 20, and 44; and authorize
a total consideration of $3,250.00 to James W. Meek et
the acceptance and recording of the appropriate. easement. It was the consensus of the
that the
City Council that the recommendations be adopted. - F,
M&C L-10912 re
There was presented Mayor and Council Communication No. L-10912 from the City
acquisition of right-
Manager recommending that the City Council authorize the acquisition of right-of-way
of -way
described as a portion of Lot 7, Block B-2, Elmwood Addition (1625 E. Terrell Avenue);
Manager recommending that the City Council approve the acquisition of a
find that $180,00 is just compensation for property acquired from Avra Marie Jackson
acceptance and
for Terrell Avenue reconstruction; and authorize the acceptance and recording of the
the east
appropriate deed. It was the consensus of the City Council that the recommendations be
property line of Lot 28, Block 3, Ridgeview Addition (6500 W. Vickery Blvd.) from W.
adopted.
M&C L-10913 re
There was presented Mayor and Council Communication No. L-10913 from
the City
acquisition of right-
Manager recommending that the City Council approve the acquisition of right-of-way
of -way
described as a portion of Lot 8, Block 2, Elmwood Addition (1629 E. Terrell
Avenue);
manent and temporary
find that $180.00 is just compensation for property acquired from Avra Marie
Jackson,
Enderly Park
required for Terrell Avenue reconstruction; and authorize the acceptance and
recording
a total consideration of $3,250.00 to James W. Meek et
of the appropriate deed. It was the consensus of the City Council
that the
and 44; authorize a fund transfer in
recommendations be adopted.
M&C L-10914 re
acquisition of
There was presented Mayor and Council .Communication No. L-10914 from
the City
per-
manent utility ease-
Manager recommending that the City Council approve the acquisition of a
permanent
acceptance and
utility easement described as a 15 foot by 182 foot parcel adjacent to
the east
ment
property line of Lot 28, Block 3, Ridgeview Addition (6500 W. Vickery Blvd.) from W.
Bernard Whitney and J. Garrett Whitney for a total consideration of $1.00,
for fire
hydrant installation and operation and authorize the acceptance and recording of the
There was presented Mayor
appropriate deed. It was the consensus of the City Council that the recommendations be
from the City
adopted.
Manager recommending that the
M&C L-10915 re There was presented Mayor and Council Communication No. L-10915 from the City
interest in certain Manager recommending that the City Council declare the necessity of taking an interest
land in a portion of Lots 4, 5, and 6, Block 10 of Oak Crest Addition to construct essential
public improvements and authorize the City Attorney to institute condemnation
proceedings to acquire the interest in the land from Jerry Coyel for Village Creek
Collector Parallel III. It was the consensus of the City Council that the
recommendations be adopted.
M&C L-10916 re There was presented Mayor and Council Communication No. L-10916 from the City
approved sale to Manager stating that the City of Fort Worth received the south half of Lot 1, Block 13,
Doris Jean Harris Lawn Terrace Addition in a Sheriff's Sale on January 2, 1990; that the property is a
rectangular area containing approximately 2,400 square feet; that, due to its shape and
size, this property is exempt from the requirements of Article 5421c-12 requiring
notice and disposition of the property through competitive bidding; that, as such, the
property may be sold to the abutting owners for an amount not less than fair market
value; that Real Property Management of the City of Fort Worth has obtained an
appraisal of the fair market value of the property which indicates that its fair market
value is $100.00; and recommending that the City Council approve the sale of the south
half of Lot 1, Block 13, Lawn Terrace Addition AKA 1402 Arizona to Doris Jeanne Harris,
the only abutting owner, for $100.00 total consideration, and that the City Manager be
authorized to execute the appropriate deed conveying the property. It was the
consensus of the City Council that the recommendation be adopted.
M&C L-10917 re There was presented Mayor and Council Communication No. L-10917 from the City
pipeline license Manager stating ,that a pipeline license agreement between the City and Missouri Pacific
agreement Railroad Company will grant the City authorization to maintain and operate a sanitary
sewer pipeline crossing for a one-time payment of $600.00; that the Director of Fiscal
Services certifies that funds required for this acquisition are available in the
current capital budget, as appropriated,, of the -Sewer Capital Improvement Fund; and
recommending that the City Manager be authorized to execute a pipeline license
agreement with Missouri Pacific Railroad Company for a total consideration of $600.00.
It was the consensus of the City Council that the recommendation be adopted.
M&C L-10918 re
acquisition of
There was presented Mayor
and Council Communication No. L-10918
from the City
per-
Manager recommending that the
City Council approve the. acquisition of
permanent and
manent and temporary
temporary easements described as
a portion of Lots 7, 8, and 9, Block 5,
Enderly Park
easements
Addition (1838 8th Avenue) for
a total consideration of $3,250.00 to James W. Meek et
ux Robin R. Meek for M-13, 20,
and 44; authorize a fund transfer in
the amount of
$3,250.00 from the Water and
Sewer Operating Fund Sewer Capital Project
Improvement
Fund, Sanitary Sewer Rehabilitation
M-13, 20, and 44;. and authorize the
acceptance and
recording of the appropriate easements.
It was the consensus of the City
Council that
the recommendations be adopted.
M&C L-10919 re
There was presented Mayor
and Council Communication No. L-10919
from the City
acquisition of right-
of -way
Manager recommending that the
City Council approve the acquisition of
right-of-way
described as a portion of Lot
1-C, Block 2, Noe Addition (3001 Donalee
Street); find
Minutes of City Council U-3 Page 72
73
Tuesday, April 28, 1992
&C L-10919 cont. that $189.00 is just compensation for property acquired for Forbes Street
reconstruction from Robert E. Garrett and wife Marilyn K. Hornsby Garrett; and
authorize the acceptance and recording of the appropriate deed. It was the consensus
of the City Council that the recommendations be adopted.
&C L-10920 re There was presented Mayor and Council Communication No. L-10920 from the City
Manager recommending that the City Council approve the acquisition of temporary
cquisition of construction easement described as a portion of Lot 26, Block 2, Whitehall #2
emporary construction Subdivision (4616 Eastland Street); find that $1.00 is just compensation for property
asement acquired from Peter Edward Grays, required for reconstruction of Eastland Street; and
authorize the acceptance of the appropriate easement. It was the consensus of the City
Council that the recommendations be adopted.
M&C L-10921 re There was presented Mayor and Council Communication No. L-10921 from the City
acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way
of -way described as a portion of Lot 5, Block 2, Elmwood Addition (1617 E. Terrell Avenue);
find that $180.00 is just compensation for property acquired from Percy H. Henderson,
for Terrell Avenue reconstruction; and authorize the acceptance and recording of the
appropriate deed. It was the consensus of the City Council that the recommendations be
adopted.
&C L-10922 re
There was presented Mayor and Council Communication No. L-10922 from the City
cquisition of right-
Manager recommending that the City Council approve the acquisition of right-of-way
f -way
described as a portion of Lot 6, Block B-2, Elmwood Addition (1621 E. Terrell Avenue);
find that $180.00 is just compensation for property acquired from Lottie J. Freeman,
for Terrell Avenue reconstruction; and authorize the acceptance and recording of the
appropriate deed. It was the consensus of the City Council that the recommendations be
adopted.
K L-10923 re
There was presented Mayor and Council Communication No. L-10923 from the City
cquisition of aerial
Manager recommending that the City Council approve the acquisition of an aerial
asement
easement over the south 5 feet of Lot 22, Block 25, Sabine Place Addition (4029
Runnels); find that $1.00 is just compensation for property acquired from Augustina
Molina for the installation of mid -block streetlighting; and authorize the acceptance
and recording of the appropriate deed. It was the consensus of the City Council that
the recommendations be adopted.
&C C-13317 re There was presented Mayor and Council Communication No. C-13317, dated April 14,
xtension with 1992, from the City Manager stating that City Secretary Contract No. 18082 granted a
ontinental Limousine, license to use the streets, alleys and thoroughfares of the City of Fort Worth to
nc. Continental Limousine, Inc., in its business of providing public limousine/sightseeing
service within the City of Fort Worth for a one-year period; that provisions for an
additional year are made subject to application for such by Continental Limousine,
Inc., payment of an annual fee of $500.00, and approval by the City Council; that
Continental Limousine has requested operating authority for the second year via a
letter dated February 29, 1992; that the annual fee has been received and the
Department of Law has prepared an Extension of City Secretary Contract No. 18082 for
Council approval; that Council action does not require the expenditure of City funds;
and recommending that the City Manager be authorized to execute an extension of City
Secretary Contract No. 18082 granting Continental Limousine, Inc., the privilege and
license to operate within the City of Fort Worth for an additional period of one year.
Council Member Chappell) Council Member Chappell requested permission of the City Council to abstain from
re M&C C-13317, C-1331$ voting on Mayor and Council Communication Nos. C-13317, C-13318, C-13319, and C-13320
C-13319, and C-13320 because of a professional relationship with The T.
abstain from voting
Council Member Meadows made a motion, seconded by Mayor Pro tempore Webber, that
„ Council Member Chappell be permitted to abstain from voting on Mayor and Council
Communication Nos. C-13317, C-13318, C-13319, and C-13320. When the motion was put to
a vote by the Mayor, it prevailed unanimously.
Council Member Meadows made a motion, seconded by Council Member Silcox, that the
recommendation be adopted. When the motion was put to a vote by the Mayor, it
prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, and Meadows
NOES: None
ABSENT: Council Member Matson
NOT VOTING: Council Member Chappell
&C C-13318 re
enied Contract with There was presented Mayor and Council Communication No. C-13318, dated April 14,
BS Transportation, 1992, stating that TBS Transportation, Inc., has requested authority to operate a
nc. shared -ride service between Fort Worth and DFW Airport in a letter dated February 17,
j 1992; that the proposed contract is for one year and may be renewed for an additional
year upon submission and approval of the company's application; that a street rental
fee of $1,000.00 per year has been negotiated; that the contract provides that TBS
Transportation, Inc., shall assume all responsibility and liability for damages and
injuries arising out of its operations; that the City staff has reviewed this request
and recommends that the City Council authorize the City Manager to execute the contract
with TBS Transportation, Inc., granting to TBS a license to provide prearranged and
scheduled "shared -ride" van service between Fort Worth and Dallas/Fort Worth
International Airport for a period of one year, with an option for a one-year renewal.
Minutes of City Council U-3 Page 73
74
Tuesday, April 28, 1992
r. Jim Richards re ... Mr. Jim Richards, President of Yellow Checker Cab, 2200 South Riverside Drive,
&C C-13318 appeared before the City Council and spoke in favor of granting privilege to
Continental Limousine, Inc., to operate a limousine sightseeing service in Fort Worth
and to granting privilege to Shan A. English and Randy E. English d.b.a. "AFTER FIVE
LIMOUSINE", to operate a limousine service in Fort Worth and expressed opposition to
the granting of a license to TBS Transportation, Inc., and to Discount Shuttle and
Tours, Inc., to provide prearranged shared -ride van service between Fort Worth and D/FW
Airport and requested that the City Council deny the granting of license to TBS
Transportation, Inc., and Discount Shuttle and Tours, Inc.
Ron Powell re Mr. Ron Powell, Driver for Yellow Cab, 3700 Ramona Drive, appeared before the
C C-13318 City Council and advised Council that TBS Transportation, Inc., is providing rides from
the City of Fort Worth to patrons and convention members without a license to operate
in the City of Fort Worth and expressed opposition to the granting of a license to TBS
Transportation, Inc., and expressed opposition to a license being granted to Discount
Shuttle and Tours, Inc.
. Stan Feller re Mr. Stan Feller, President of TBS Transportation, Inc., Post Office Box 610284,
C C-13318 D/FW Airport, Texas, appeared before the City Council and provided Council Members with
a definition of shared -ride and explained to City Council that, in his opinion, if the
City of Fort Worth doesn't have enough transportation provided to conventioneers, then
the City will not be considered for a convention and advised Council that D/FW allows
TBS to bring people into the City of Fort Worth, but prohibits their return to pick the
people up to take them back to the airport and requested that the City Council grant a
license to TBS Transportation, Inc.
. Brian Wier re Mr. Brian Wier, Senior Vice President of Super Shuttle International, 729 East
C C-13318 Dallas Road, Grapevine, Texas, appeared before the City Council and expressed
opposition to the granting of a license to TBS Transportation, Inc., and requested that
Council deny their request until Dallas Fort Worth Airport resolves it's problem with
van operators.
James Magee re Mr. James Magee, Manager of American Cab Company, 2222 West Vickery, appeared
C C-13318 before the City Council and expressed opposition to the granting of a license to TBS
Transportation, Inc., and advised Council that they should not grant a license to
companies to operate in the City of Fort Worth that are currently operating illegally.
Council Member McCray made a motion, seconded by Council Member Silcox, that
Mayor and Council Communication No. C-13318 be denied. When the motion was put to a
vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, and Meadows
NOES: None
ABSENT: Council Member Matson
NOT VOTING: Council Member Chappell
&C C-13319 re There was presented Mayor and Council Communication No. C-13319, dated April 14,
enied contract with 1992, from the City Manager stating that Discount Shuttle & Tours, Inc., has requested
iscount Shuttle & authority to operate shared -ride service between Fort Worth and D/FW in a letter dated
ours, Inc. March 10, 1992; that the proposed contract is for one year and may be renewed for an
additional year upon submission and approval of the company's application; that a
street rental fee of $1,000.00 per year has been negotiated; that the contract provides
that Discount Shuttle will assume all responsibility and liability for damages and
injuries arising out of its operations; that the City staff has reviewed this request
and recommends that the City Council authorize the City Manager to execute the contract
with Discount Shuttle & Tours, Inc., granting to Discount Shuttle a license to provide
prearranged and scheduled "shared -ride" van service between Fort Worth and Dallas/Fort
Worth International Airport for a period of one year, with an option for a one-year
renewal.
r. Jim Richards re Mr. Jim Richards, President of Yellow Checker Cab, 2200 South Riverside Drive,
&C C-13319 appeared before the City Council and advised Council that taxis do have shared -ride
capability and that the cab companies provide other personalized services while
transporting riders to the airport.
r. Ron Powell re Mr. Ron Powell, Driver for Yellow Cab, appeared before the City Council and
&C C-13319 advised Council that Super Shuttles costs basically be same amount that taxi cabs
charge and reminded City Council to keep in mind that taxi cab companies did not set
the rates, that the rates were set by City Council.
Council Member McCray made a motion, seconded by Council Member Silcox, that
Mayor and Council Communication No. C-13319 be denied. When the motion was put to a
vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, and Meadows
NOES: None
ABSENT: Council Member Matson
NOT VOTING: Council Member Chappell
Minutes of City Council U-3 Page 74
75
Tuesday, April 28, 1992
M&C C-13320 re There was presented Mayor and Council Communication No. C-13320, dated April 14,
contract with Shan A. 1992, from the City Manager stating that Shan and, Randy English have made application
English and Randy E. in a letter dated February 17, 1992, for a franchise to operate a chauffeured limousine
English, d/b/a/
"After Five Limousine" service in Fort Worth; that the proposed contract is for one year and may be renewed
for an additional year upon submission and approval;,of the company's application; that
a street rental fee of $750.00 per year has been negotiated; that the contract provides
that AFTER FIVE LIMOUSINE will assume all responsibility and liability for damages and
injuries arising out of its operations; that the City staff has reviewed this request
and recommends that the City Council authorize the City Manager to execute the contract
with Shan and Randy English, d/b/a AFTER FIVE LIMOUSINE, to operate a chauffeured
limousine service in Fort Worth for a period of one year, beginning upon the execution
of the contract, with an option for a one-year renewal. Council Member Meadows made a
motion, seconded by Council Member McCray that the recommendation be adopted. When the
motion was put to a vote by the Mayor, it prevailed by the,following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, and Meadows
NOES: None
ABSENT:,. Council Member Matson
NOT VOTING: Council Member Chappell
M&C C-13334 re ,There was presented Mayor and Council Communication No. C-13334 from the City
contract with Ron Manager submitting a proposed contract for the installation of community facilities to
Norman serve Quail Ridge Estates, Phase II -A; submitting the proposed project cost and fiscal
information/certification; and recommending that the City Manager be authorized to
execute a community facilities agreement with the developer, Ron Norman, Individual and
Owner, for the installation of community facilities for Quail Ridge Estates, Phase II-
A, and that Ron Norman be reimbursed for the City's.share of the cost of street
improvements upon satisfactory.completion of same. It,was the consensus of the City
Council that the recommendations be adopted.
M&C C-13335 re
There was presented Mayor and Council Communication No. C-13335 from the City
agreement with RJN
Manager stating that the M-146 drainage area is part of the West Fork of the Trinity
McCullough Associates,
River Basin and includes the Monticello Addition; that this is one of the areas having
Inc.
inflow/infiltration problems during wet weather that result in manhole overflows and
transfer; contract
flooded homes, specifically in the Hamilton Avenue area; that, in response to an
DUNAWAY ASSOCIATES,
administrative order from the U.S. Environmental Protection Agency to correct these
INC., FOR THE CONSTRUCTION OF BASSWOOD
problems within a fixed time frame, it is necessary to,,perform flow monitoring, sewer
Inc.
system evaluation survey, and to design sewer relief and rehabilitation; that the
Director of Fiscal Services certifies that funds required for this agreement are
RECOMMENDATION:
available in the current operating budget, as appropriated, of the Sewer Capital
Improvement Fund; and recommending that the City,Council authorize a fund transfer in
the amount of $135,574.00 from Water and Sewer Operating Fund, Sewer Project to Sewer
1. Approve a $13,665.00 bond fund transfer in the
Capital Improvement Fund, M-146 I/I Evaluation, and authorize the City Manager' to
execute an engineeringagreement with RJN McCullough Associates, Inc. for the M-146
Basswood Boulevard
Drainage Area Inflow/Infiltration Evaluation and Reduction for a total fee not to
Project, and
exceed $130,574.00. It was- the consensus of the,City Council that the recommendations
be adopted.
M&C C-13336 re There was presented Mayor and Council. Communication No. C-13336 from the City
contract with Manager submitting a tabulation of bids received for the Williamson -Dickie Distribution
Conatser Construction, Center Addition Sanitary Sewer; stating that the Director of Fiscal Services certifies
Inc. that funds required for this contract are available in the current capital budget, as
appropriated, of the Sewer Capital Improvements Fund; and recommending that the City
Council authorize a bond fund transfer in the amount.of $53,435.00 from Sewer Capital
Improvement Fund, Unspecified to Sewer Capital.Improvement Fund, Williamson -Dickie
Sanitary Sewer, and authorize the City Manager to execute a construction contract with
Conatser Construction, Inc., for the Williamson -Dickie Distribution Center Addition
Sanitary Sewer on its low bid of $272,610.50. It.was the consensus of the City Council
that the recommendations be adopted.
Minutes of City Council U-3 Page 75
There was presented Mayor and Council Communication No. C-13337 from the City
M&C C-13337 re
Manager, as follows:
approved bond fund
transfer; contract
SUBJECT: AWARD OF ENGINEERING DESIGN CONTRACT .TO
DUNAWAY ASSOCIATES,
with Dunaway Associate
INC., FOR THE CONSTRUCTION OF BASSWOOD
BOULEVARD EAST OF
Inc.
INTERSTATE HIGHWAY 35W
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a $13,665.00 bond fund transfer in the
New Development Fund
from the 1187. South Addition Project to. the
Basswood Boulevard
Project, and
2. Approve a $18,681.08 bond fund transfer -An the
New Development Fund
from the Broadmoor Addition Project to the,Basswood Boulevard Project,
and
3. Approve a $40,304.00 ,bond fund transfer in the
New Development Fund
from the Riverbend Estates Project to the Basswood Boulevard Project,
and
Minutes of City Council U-3 Page 75
76
Tuesday, April 28, 1992
M&C C-13337 cont. 4. Authorize the City Manager to execute an engineering design services
contract for extension of',Basswood Boulevard from the proposed
interchange at Interstate Highway 35W eastward' to the edge of the
existing pavement of Basswood Boulevard located approximately 300'
east of Old Denton'Road,- with the -'local firm of Dunaway Associates,
Inc., 1501 Merrimac Circle, Suite 100; Fort Worth, Texas 76107, on an
hourly rate basis, for a total fee not to exceed $72,650.00.
DISCUSSION:
On December 18, 1987 (M&C C-10702), City Council approved the "Basswood
Boulevard Alignment Study", City Secretary Contract No. 16166, with the
firm of Dunaway "AssociatesInc." The contract called for Dunaway
Associates, Inc. to propose alternate alignments for Basswood Boulevard
from the terminus of the existing improved roadway near Old Denton Road,
westward to P.M. 156.'The study was completed and accepted by the City and
the desired alignment selected.
Due to proposed development within Burlington Northern Addition adjacent
to the proposed road, City Staff had previously recommended that the City
Council authorize the City Manager to execute •a design contract with
Dunaway Associates, Inc. in the amount of $258,175.00 for the design of
Basswood Boulevard from the existing freeway bridge at IH 35W, westward to
Pacesetter Drive; and Pacesetter Drive from the proposed Basswood Boulevard
southward to the existing Pacesetter Drive. However, the request was
withdrawn by Staff due to Burlington Northern postponing development on its
property.
The Surface Transportation Bill recently signed by President Bush includes
funds for the construction of the Basswood Boulevard/IH 35W Interchange.
Due to the anticipated BN -project, on November 13, 1991, Mayor Granger
requested that the Texas Department of 'Transportation (TXDOT) include the
Basswood Interchange in its 2 -year project development schedule listing.
TXDOT's requirements allow for design but not construction of interchanges
until a connecting street is either in place or under construction. The
staff is recommending -that Basswood Boulevard be constructed from the
existing interchange with IH 35W eastward approximately 2,800 L.F. to the
edge of the existing Basswood' Boulevard located 300' east of Old Denton
Road. Staff would recommend that Council consider amending this design
contract to include'the extension of'Basswood Boulevard west of IH 35W at
such time as Burlington Northern proceeds with development of its property.
Staff recommends that the' design contract for this project be awarded to
Dunaway Associates, Inc.' due to the fact'' that the firm satisfactorily
completed the 'alignment study and is already very familiar with the
project. Dunaway Associates, Inc. has agreed to provide the necessary
engineering services for a fee based on time' and hourly rates of employees
actually engaged in the work; for atotal fee' not'to exceed $72,650.00.
Dunaway Associates, Inc. has agreed to comply with -the City's DBE policy.
Staff considers this fee to be fair and reasonable for the work involved.
This project is located in DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds for this project are
available in the current capital' budget, as appropriated, of the New
Development Fund.
M&C C-13337 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-13337, be adopted.
M&C C-13338 re
contract with Eagle There was presented Mayor and Council Communication No. C-13338 from the City
Construction and Manager submitting a tabulation of bids received for the removal, disposal, and site
Environmental Ser- clean-up of 31 underground storage tanks and installation of three above ground vaults;
vices, Inc. stating that the Director of Fiscal Services certifies that funds are available in the
current Capital Budget of the Specially Funded Capital Projects Fund; and recommending
that the City Manager be authorized to execute a contract with Eagle Construction and
Environmental Services, Inc., for' the "'removal, disposal, and site clean-up of 31
underground storage tanks and installation of three above ground vaults on its lowest
responsive bid of $485,209.00.
Mr. Mark W. Sullivan Mr. Mark W. Sullivan, representing Sunbelt Industrial Services, 1300 Summit,
re M&C C-13338 Suite 504, appeared before the City Council and advised Council that he believes some
incorrect information has been given in `regard to Sunbelt Industrial Service complying
with the DBE Policy and requested that the City Council send Mayor and Council
Communication No. C-13338 back to staff for a week in order to review the information
provided to City Council and staff on today and advised Council that Ms. Marla Morris
prepared her own bid documentation and. there was a misinterpretation of what was read
in the specifications.
Mr. Rick Hay re Mr. Rick Hay, Environmental Management Director; appeared before the City Council
M&C C-13338 and advised Council that this is the second time for Sunbelt Industrial Services to bid
on a project.
Mr. Joe Wal raven re Mr. Joe Walraven, President of Eagle Construction and Environmental Services,
M&C C-13338 Inc., appeared before the City Council and advised Council that his company was lowest
Minutes of City Council U-3 Page 76
77
Tuesday, April 28, 1992 I
Mr. Joe Walraven's bidder on the contract for the removal, disposal, and site clean-up of 31 underground
statement cont. storage tanks and -that he would insure compliance with the DBE Policy and requested
M&C C-13338 favorable consideration of the City Council to approve the contract.
Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor
and Council Communication No. C-13338 be adopted. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
M&C C-13339 re
There was presented Mayor
and
Council Communication No.
C-13339 from the City
approved fund trans-
Manager submitting a tabulation
of
bids received for street
paving improvements to
fer; contract with
Avenue G from Wallace Street to
Arch Street and for water and
sewer replacements in
McClendon Construction
Avenue G; stating that the Director
of Fiscal Services certifies
that funds required
Company, Inc.; contras
for this project are available in
the current capital budgets,
as appropriated, of the
with J.D. Vickers,
Water Capital Improvements Fund,
the
Sewer Capital Improvements
Fund, the Grants Fund,
Inc.
and the Street Improvements Fund;
and
recommending that the City
Council:
1. Approve a $49,507.00 fund transfer from the Water and Sewer Operating
Fund, Water Capital Projects to the Water Capital Improvements Fund,
Water Replacement, Avenue G, and
2. Approve a $51,800.00 fund transfer from the Water & Sewer Operating
Fund, Sewer Capital Project to the Sewer Capital Improvement Fund,
Sewer Replacement, Avenue G, and
3. Approve a $15,350.80 fund transfer from the Streets Assessments
Project to the Avenue G Project in the Grants Fund, and
4. Approve a $2,200.00 bond fund transfer for the property owners' share
from the Special Assessments Fund to the- Street Improvements Bond
Fund, and
5. Approve a $90,787.86 bond fund transfer from the Inner City Streets
Unspecified Project to the Avenue G,- Wallace Street to Arch Street
Project in the Street Improvements Bond Fund, and
6. Authorize the City Manager to execute a contract with McClendon
Construction, Company, Inc., in the amount of $102,338.66 with
eighteen (18) working days for street paving improvements to Avenue G
from Wallace Street to Arch Street, and
7. Authorize the City Manager to execute a contract with J.D. Vickers,
Inc., in the amount of $86,218.70 for the water and sewer
replacements in Avenue G with sixty (60) working days for these
improvements.
M&C C-13339 adopted II It was the consensus of the City Council that the recommendations be adopted.
M&C C-13340 re There was presented Mayor and Council Communication No.. C-13340 from the City
two Consents to Manager stating that, Mr. Willbanks leases 4,500 square feet of unimproved land
Assignment of Lease identified as Location 23 South at Fort Worth Meacham Airport (City Secretary Contract
No. 9168); that the term of the lease is for 25 years and began April 1, 1977, and ends
March 31, 2002; that Mr. Stell leases 4,500 square feet of unimproved land identified
as Location 22 South at Fort Worth Meacham Airport (City Secretary Contract No. 9169);
that the term of the lease is for 25 years which began April 1, 1977, and ends March
31, 2002; that, under the terms of both contracts, the leases may not be assigned or
subleased without having received the City's written consent to such assignment; that
Mr. Willbanks and Mr. Stell now seek to assign their rights, title, and interest under
the lease agreements to the First International Benefits Marketing Group, Inc., which
has agreed, in writing, to fulfill all duties and responsibilities as set forth in the
original leases, City Secretary Contract Nos.79168 and 9169; that all other conditions
of both contracts will remain unchanged; that the Administration Section of the
Aviation Department is responsible for the collection of funds due the City under this
agreement; and recommending that the City -Manager be authorized to execute two Consents
to Assignment of Lease, one from J. D. Willbanks and one from E. E. Stell, to the First
International Benefits Marketing Group, Inc., (IBMG) at Fort Worth Meacham Airport. It
was the consensus of the City Council that the recommendation be adopted.
M&C C-13341 re
There was presented Mayor and Council -Communication No. C-13341 from the City
agreement with Fort
Manager stating that the Fort Worth International Balloon Rodeo, Inc., has submitted a
Worth International
proposal to the City of Fort Worth to conduct a hot air balloon festival at Meacham
Balloon Rodeo, Inc.
Airport during the Pioneer Days Weekend September 18,'19,'and 20, 1992; that Fort Worth
International Balloon Rodeo, Inc., has proposed the higher of an airport use fee of
$5,000.00 or five percent of the gross (no sales tax) receipts for a four day period
(the extra day is for clean-up if necessary); that it is anticipated the event will not
require total closure of the airport;- that' -the -term proposed for the agreement
beginning in 1992, is five years with a five year extension; that, to finalize the
terms of the agreement, it will be necessary for the proposal to receive FAA and City
review and approval; that the format and content of the agreement will follow where
feasible, the terms of the Fort Worth Aviation Heritage Association Airshow Agreement,
under City Secretary Contract No. 18511; that the --Administrative Section of the
Aviation Department is responsible for the collection of funds due the City under this
agreement; and recommending that 'the City Council authorize an agreement with Fort
Worth International Balloon Rodeo, Inc., to conduct a balloon festival at Fort Worth
Meacham' Airport. It was the consensus of the City Council that the recommendation be
adopted.
M&C C-13342 re II There was presented Mayor- and Council Communication No. C-13342 from the City
amendment with EnvironI Manager, as follows:
mental Managers, Inc.
Minutes of City Council U-3 Page 77
M
Tuesday, April 28, 1992
M&C C-13342 cont. SUBJECT: AMENDMENT TO CONTRACT WITH ENVIRONMENTAL MANAGERS INC. FOR
U.S.T. PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to
execute an amendment to City Secretary -Contract No. 17498 with
Environmental Managers Inc., a Fort Worth firm, to continue engineering
services and oversight of the City's .underground storage tank (U.S.T.)
remediation program, increasing the total Phase II project cost by $106,050
from $656,000 to $762,050 and the total contract not to exceed amount from
$831,000 to $937,050.
DISCUSSION:
On September 19, 1989, the City Council approved M&C C-11879 which
authorized the City Manager to execute an engineering contract with
Environmental Managers Inc., for the development of the City's underground
storage tank program. The project was divided into two parts. Phase I,
the development of a compliance plan, was completed in 1990. Phase II,
engineering oversight on remediation projects identified in Phase I, is
anticipated to be complete in 1995.
The Environmental Management Department is ready to initiate the
remediation of 31 U.S.T.'s as called for in the compliance plan. This
remediation program will require additional engineering services in the
form of plan/specification preparation, field inspection, sampling,
construction administration and closure reporting. The estimated cost of
this engineering work is $106,050.
This contract amendment only provides the funds necessary for the
engineering work associated with the remediation of these 31 U.S.T.'s. The
City Council should note that further site remediation and U.S.T. upgrading
will be required to maintain compliance with Texas Water Commission
regulations. The engineering costs associated with future remediation
efforts will require additional amendments to this contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds required for this
contract amendment are available in the current capital budget, as
appropriated, of the Specially Funded Capital Projects Fund.
M&C C-13342 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-13342, be adopted.
M&C C-13343 re There was presented Mayor and Council Communication No. C-13343 from the City
Manager, as follows:
contract with Down-
town Fort Worth, Inc. SUBJECT: CONTRACT WITH DOWNTOWN FORT WORTH, INC., FOR DEVELOPMENT OF A
STRATEGIC ACTION PLAN AND ADOPTION OF SUPPLEMENTAL
APPROPRIATION ORDINANCE s. .
RECOMMENDATION:
1. Adopt the attached supplemental appropriations ordinance appropriating
$66,667.00 to, the General Fund and reducing the unreserved,
undesignated, General Fund balance by the same amount, and
2. Authorize the City Manager to enter
Worth, Inc., in an amount not to
services for the development of a
downtown area of Fort Worth.
DISCUSSION:
into contract with Downtown Fort
exceed $66,667.00 for consulting
Strategic Action Plan for the
Downtown Fort Worth, Inc., has submitted a proposal that seeks to implement
the ideas stemming from the recent meetings between City officials and
downtown business and professional leaders. - This group discussed the
necessity of updating the City's 1982 Central Business District (CBD) Plan,
concerning development of the downtown area. The majority of projects
recommended in the CBD plan have -been built, are under construction, or are
being designed currently.
Downtown Fort Worth, Inc., using its own staff and outside consultants,
proposes to evaluate and recommend strategies for continued development and
revitalization of the downtown area. Among the items to be studied will be
changes in communication and transportation technologies, international
market forces, revenue bases, investment opportunities and political power
bases that have affected the way the downtown area functions. The plan
will address the need for a balance in the consideration of economic,
social and political issues.
The plan will also address the new challenges and opportunities for the
downtown area, ranging from the development of a strong public policy about
public and private investment in downtown to developing strategies for
continued upgrade of infrastructure and downtown services. It will also
deal with new projects that will significantly impact the future of
Minutes of City Council U-3 Page 78
.79
Tuesday, April 28, 1992
M&C C-13343 cont. downtown. The realignment of the I-30 corridor to the south of the T & P
railroad tracks, the realignment of the Southwest Freeway west and north of
the core area of downtown and the proposed Intermodal Transportation Center
which could include RAILTRAN, AMTRAK and High Speed Rail linkage will
shape the future of the downtown area.
Downtown Fort Worth, Inc., will involve interested groups and individuals
in its plan development process.
PROPOSED SCHEDULE AND BUDGET:
The plan will be developed during a 15 -month period. A total of $200,000
is budgeted for all costs, one-third of which is provided by this contract.
The private sector share is projected at approximately one-third of this
amount, with the Fort Worth Transportation Authority,land federal grants.
PROPOSED EXPENSES:
Prime Contractor Fees and Expenses:
Professional Services
Reimbursable Expenses (up to)
Subtotal
Other Outside Consulting Services:
Process Facilitator (up to)
Special Consulting Services (up to)
Subtotal
DFWI Direct Expenses:
Operational Costs
;(Rent, Postage, Meeting Expenses,.— _
Printing, Travel Expenses, Misc.)
Temporary -Staff
Subtotal
TOTAL
REVENUES:
Private Sector:
DFWI Contribution
Public Sector:
City Contribution
Transportation Authority..:
TOTAL
$102,000
10,000
$112,000
$ 7,500
35,000
$ 42,500
$ 25,000
20,500
45,500
$200,000
$ 66,667
$ 66,667
66,666
$200,000
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that after approval of
recommendation number one the funds required for this expenditure will be
available in the General Fund.
M&C C-13343 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-13343, be adopted.
Introduced an Council Member Chappell introduced an ordinance :and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Woods. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members
Puente, Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Matson
The ordinance, as adopted, is as follows:
Ordinance No. 11085 ORDINANCE NO. 11085
AN ORDINANCE APPROPRIATING $66,667.00 TO THE GENERAL FUND AND
DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE
SAME AMOUNT FOR THE PURPOSE OF FUNDING A CONTRACT WITH DOWNTOWN
FORT WORTH, INC. TO DEVELOP A STRATEGIC ACTION PLAN FOR
DOWNTOWN FORT WORTH; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF ;PRIOR ORDINANCES AND
REPEALING ALL PRIOR ORDINANCES, -IN CONFLICT HEREWITH; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
Minutes of City Council U-3 Page 79
W
Tuesday, April 28, 1992
M&C C-13344 re
There was presented Mayor and Council Communication No. C-13344 from the City
License Agreement to
Manager stating that the City Council approved Mayor and Council Communication
Friends of Old Fire
No. G-9536 on February 25, 1992, for Award of Grants For Round Two of the CODE: BLUE
Station No. 10
COMMUNITY GRANT PROGRAM; that the Friends of Old Fire Station No. 10 were awarded
$9,265.00 to make necessary repairs to the Station to bring it in compliance with City
Code and to use the station as radio base station for the Citizen on Patrol programs
for four surrounding neighborhoods; that additionally, the Station will be used for the
Fort Worth Police Department store. front, Fort Worth Police Department bicycle patrol
station, and monthly neighborhood association meetings for the Ryan Place Improvement
Association, South Hemphill Heights Association, Fairmount Association, and the
Jennings, May, and St. Louis Neighborhood Association; that Fiscal Services Department
is responsible for collection of funds due to the City under this agreement; and
recommending that the City Manager be authorized to execute a License Agreement for Old
Fire Station No. 10, located at 2804 Lipscomb,. for $1.00 per year for five years to
Friends of Old Fire Station No. 10 to operate a base station for the Citizens on Patrol
programs for four neighborhoods, with the lease agreement to be for five years with a
renewable option for one additional five year period, with the lease to begin upon
execution of the lease agreement. On motion of Council Member Chappell, seconded by
Mayor Pro tempore Webber, the recommendation was adopted.
M&C C-13345 re
grant from FAA;
There was presented Mayor and Council Communication No. C-13345 from the City
contract with Carter
Manager, as follows:
& Burgess, Inc.
SUBJECT: ACCEPTANCE OF A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION
TO CONDUCT A MASTER PLAN UPDATE AT FORT WORTH SPINRS AIRPORT
AND AWARD A CONTRACT TO CARTER AND BURGESS INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Accept a grant from the Federal Aviation Administration in the amount
of $114,765.00 from the Airport Improvement Program for the cost of
contracting the conduct of a Master Plan Update at Spinks Airport, and
2. Authorize the Director of Fiscal Services to set up a Grant Account
for the Master Plan, and transfer to it the City's portion of the 10
percent matching funds, and
3. Accept a gift from the Fort Worth Spinks Airport Task Force in the
amount of $8,000.00, which was raised from local communities and
businesses surrounding Spinks Airport to assist the City in its 10
percent matching funds, and
4. Authorize a transfer of $4,752.00 from Grants Fund, Spinks Airport
Ineligible Cost Project, for City's share of 10% match, and
5. Execute a contract with Carter and Burgess, Inc. in the amount of
$127,517.00 to conduct the Master Plan Update.
DISCUSSION:
The City Council approved the submittal of a Grant Application for the
Spinks Airport Master Plan Update at its February 4, 1992 meeting, M&C G-
9494. It was indicated at. that time that the Spinks Airport Task Force was
attempting to raise funds to assist the City in its 10 percent matching
funds for this project. The Spinks Airport Task Force has since presented
the City Council with $8,000.00 in funds it raised. The total amount of
matching funds required are ,$12,752.00. The City's share of this is
$4,752.00.
Notice to bidders for a selection of consultants was advertised and five
firms responded. Three firms were interviewed on December 5, 1991. These
firms were: Carter and Burgess, Charles Willis and Associates, and
Greiner, Inc. Carter and Burgess was selected as the best firm to provide
services for this project.
FISCAL CERTIFICATION/INFORMATION:
The Director of Fiscal Services certifies that the funds required for this
expenditure are available in the current operating budget Grants Fund.
Council Member Meadows Council Member Meadows re uested
re M&C C-13345 q permission of the City Council to abstain from
abstain from voting voting on Mayor and Council Communication No. C-13345 involving a professional
relationship his firm has with Carter & Burgess, Inc.
Council Member McCray made a motion, seconded by Council Member Chappell, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Communication No. C-13345. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Woods made a motion, seconded by Council Member McCray, that the
recommendations be adopted. When the motion was put to a vote by the Mayor, it
prevailed by the following vote:
Minutes of City Council U-3 Page 80
Tuesday, April 28, 1992
M&C C-13345 Cont. AYES: Mayor Granger; Mayor Pro tempore Webber; Caunci.l Members_
Puente, Silcox, McCray, Woods, and Chappell
NOES: None
ABSENT: Council Member Matson
NOT VOTING: Council Member Meadows
M&C FP -2951 re There was presented Mayor and Council Communication No. FP -2951 from the City
final payment to L.D. Manager stating that the City Council accepted the project and approved final payment
Conatser Contractors in the amount of $55,344.00 under Mayor and Council Communication No. FP -2900 for the
Northside II Transmission Main, Phase II, Section II, Contract 2 under City Secretary
Contract No. 18453; that, subsequent to final payment, the contractor contended payment
for additional work incurred; that the engineering staff has reviewed the additional
cost and find it to be reasonable for the work done; that the sum of $1,755.00 is due
the contract; that the Director of Fiscal Services certifies that funds required for
this supplemental final payment are available in the current capital budget, as
appropriated, of the Commercial Paper Fund - Water; and recommending that the City
Council approve a supplemental final payment in the amount of $1,755.00 jointly to L.D.
Conatser Contractors and its surety, Safeco Insurance Company, for the Northside Ii
Transmission Main, Phase II, Section II, Contract 2 under City Secretary Contract No.
18453. It was the consensus of the City Council that the recommendation be adopted.
M&C FP -2952 re There was presented Mayor and Council Communication No. FP -2952 from the City
final payment to Manager stating that sidewalk improvements to 8th Street from Commerce to Main have
McClendon Construction been completed in accordance with contract plans, specifications, and requirements; and
Company, Inc. recommending that the City Council accept as complete the sidewalk improvements to 8th
Street from Commerce to Main and authorize final payment of $243.95 to McClendon
Construction Company, Inc., with funds available in the retainage account of the
Contract Street Maintenance Fund. It was the consensus of the City Council that the
recommendations be adopted.
Mr. Pat Taylor re Mr. Pat Taylor, 1407 North Commerce, appeared before the City Council and
action of Charlie expressed dismay regarding actions taken at the last City Council by the Liaison
Cripliver Officer assigned to the Mayor, Charlie Cripliver, in his request that Mr. Taylor leave
the premises; and advised Council of his right to peaceably assemble and petition the
City government.
Ms. Mary Lou Richard-
son re "HC" Overlay
Subdistrict zoning
Classification
Mr. Bobby Martin re
"HC" Overlay Sub-
district Zoning
Classification
Ms. Mary Mitchell re
"HC" Zoning
Ms. Mary Lou Richardson, 1925 Fairmount Avenue, appeared before the City Council
and expressed opposition to the "HC" Overlay Subdistrict Zoning Classification.
Mr. Bobby Martin, 1819 South Adams Street, appeared before the City Council and
made inquiries concerning the letter that was sent out by City Attorney Adkins
addressing the "HC" Overlay Subdistrict Zoning Classification.
Ms. Mary Mitchell, 2204 Hurley, appeared before the City Council and made
inquiries concerning the use of wood versus massonary or aluminum windows versus wood
windows and regarding whether of not the statement that non -conforming houses, under
"HC" Zoning should revert to the original zoning classification if the house no longer
has any historical significance could be considered in the request for removal from
"HC" Overlay Subdistrict Zoning Classification.
City Attorney Adkins City Attorney Adkins advised City Council that the issue regarding massonary
re massonary versus versus wood or wood windows versus aluminum windows would need to be brought before the
wood or wood windows Permit Committee and that the second part of Ms. Mitchell's question can be considered
versus aluminum if the house has been remodeled in such a fashion that it is non -conforming in regard
windows to the historical significance of the home.
Ms. Gean Gros re
Ms. Gean Gros, Chairman of Fair
Park Neighborhood Association, 1901 Alston,
"HC" Overlay Zoning
appeared before the City Council
and advised
Council that some of the homeowners
that
Classification
signed the petition did not
get a letter
from the Legal Department and inquired as
to
why they did not receive
a letter, and
requested that she get a copy of all of
the
applications that go to
the Historic
Landmark Commission for removal of the
"HC"
Overlay Zoning Subdistrict
in order to
speak with the people and inform them what
the
next process would be.
City Attorney Adkins
re Ms. Gross
City Attorney Adkins
advised Ms.
Gros that she could receive a copy of
the
applications upon written
request, and,
under law, the Planning Department would
be
responsible for providing
her with the
applications within ten days of the written
request at a charge.
Mr. Pedro Herrera re i
clarification state- Mr. Pedro Herrera, 3324 North Pecan Street, appeared before the City Council
meat of Section 7-117 requesting a clarification statement of Section 7-117, Issuance of Order (to repair or
demolish premises in question) of Ordinance 10104, Minimum Building Standards Code;
requesting the City Council to amend Ordinance 10104 so that its application can be
made uniform without misinterpretation; and requesting that the Code Enforcement
Division be properly trained to work with people and to apply Ordinance 10104 in a
uniform manner.
C
.
Mrhip Diano re
Mr. Chiest Parade and Mr. Chip Diano, Goodwill Ambassador for the City of Fort Worth, 6007 Westridge
Vigil Lane, Apartment No. 102, appeared before the City Council regarding the Mayfest Parade
to be held at 6:00 p.m. on Thursday and regarding the Vigil to be held at Tarrant
County Courthouse on May 5 and 6, 1992, with the ceremony to begin at 11:30 a.m. until
3:30 p.m. on May 5; and advised Council that he has spoken with a representative from
Ms. Webber's office concerning the presentation of the proclamation.
Mayor Granger re
Mr. Bobby Fortune's Mayor Granger extended congratulations to Mr. Bobby Fortune on his 65th birthday.
65th birthday
Minutes of City Council U-3 Page 81
Met in closed or
executive session
Reconvened into
regular session
M&C G-9634 re
lawsuit filed by
the Millers
City Attorney Adkins
Ire M&C G-9634
urned
Tuesday, April 28, 1992
It was the consensus of the City Council that the City Council meet in closed or
executive session to seek the advise of its attorneys concerning the following pending
litigation:
a) City of Fort Worth v. City of Dallas, Cause No. 348-1414-30-92;
b) Paul Miller et al v. City of Fort Worth et al, Cause No. 4-91-802-A
as authorized by Section 2(e), Article 6252-17, V.A.C.S.
The City Council reconvened into regular session, with seven members present and
Mayor Granger and Council Member Matson absent.
There was presented Mayor and Council Communication No. G-9634 from the City
Manager stating that the Millers filed a lawsuit alleging that their civil rights were
violated during a search and arrest by Fort Worth Police Officers in May 1990; that,
while admitting no liability in this matter, the Department of Law negotiated with the
Plaintiffs through their attorney and agreed to the total settlement of $37,500.00;
that the Director of Fiscal Services certifies that funds for this settlement are
available in the current operating budget, as appropriated, of the Insurance Fund; and
recommending that the City Council approve the settlement of lawsuit filed by Paul
Miller, Belinda Wooley, Demita Casel, Maureen Miller, Gwinda Miller, Anita Barrow,
Edward Watters, and Jimmy Russell, and certain of the aforementioned persons on behalf
of minors: Freddie Smith Jr., Kenneth Miller, Jocques Casel, Landis Barrow, and Mandis
Barrow; and authorize the total expenditure of $37,500.00 for the compromise settlement
of this lawsuit to be paid to the individuals listed and their attorney, Michael P.
Heiskell, plus up to $2,000.00 in attorney's fees.
City Attorney Adkins stated that, after the discussion in the executive session,
it was recommended by Council that, under Item 1 of the Recommendations, that the
sentence "save and accept the claim of Belinda Wooley be added, striking Belinda
Wooley's name from the first line of the Recommendation and amending the amount on
Recommendation No. 2 to $34,000.00.
Council Member Meadows made a motion, seconded by Council Member Woods, that the
recommendations be adopted, as amended. When the motion was put to a vote by the Mayor
Pro tempore, it prevailed unanimously.
There being no further business, the meeting was adjourned.
ACTPCHY�SECRETARY
Minutes of City Council U-3 Page 82
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