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HomeMy WebLinkAbout1992/05/05-Minutes-City Councilcil Met Present nvocation ledge of Allegiance inutes of April 28, 992 approved s. Valvina Escamilla ade a presentation cting City Manager errell re withdrew &C Nos. C-13299 and -13359 and M&C C-13301 nd C-13303 cont. for wo weeks and M&C o. P-5627 cont. for ne week onsent Agenda approvec ominated Mr. John ernandez to the mbulance Authority ppointment to the mbulance Authority be ont. for one week ayor Granger,Mr_`.re ruce McClendon's CITY COUNCIL MEETING MAY 5, 1992 On the 5th day of May, A.D., 1992, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, and David Chappell; Acting City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church; Council Member Bill Meadows absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by Dr. Phillip Miller, South Hills Christian Church. The Pledge of Allegiance was recited. On motion of Council Member Woods, seconded by Council Member McCray, the minutes of the meeting of April 28, 1992, were approved. A presentation was made by Ms. Valvina Escamilla regarding Cinco de Mayo. Acting City Manager Terrell requested that Mayor and Council Communication Nos. C-13299 and C-13359 be withdrawn from the agenda; that Mayor and Council Communication Nos. C-13301 and C-13303 be continued for two weeks; and that Mayor and Council Communication No. P-5627 be continued for one week. On motion of Council Member Puente, seconded by Council Member Woods, the consent agenda, as amended, was approved. Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that Mr. John Hernandez be appointed to the Ambulance Authority to fill the vacancy of Bert Williams. Council Member Matson reguested that consideration of the appointment to the Ambulance Authority be continued for one week in order for Council to receive a briefing regarding appointments to the Ambulance Authority, Council Member Chappell made a motion, seconded by Council Member Silcox, that consideration of the appointment to the Ambulance Authority be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Granger congratulated Mr. Bruce McClendon, Director of the Planning Department, on the publication of his book, Custome_r__Service_in Local Government.. Minutes of City Council U-3 Page 82 Tuesday, May 5, 1992 ouncil Member Puente 3. Claimant: Kathleen C. Flaa e National Day of Council Member Puente advised citizens that, on Thursday, Y , the cities will have a rayer National Day of Prayer and that citizens are encouraged to meet outside of City Hall between 12:20 p.m. and 12:40 p.m. for prayer. ayor Granger re $333.11 Nature of Incident: roop Nos. 497 and 64 Mayor Granger acknowledged the presence of Troop Nos. 497 and 64 in the audience. ayor Granger re V f Christ (Minister Mayor Pro Mayor Granger acknowledged the presence of former Mayor Pro tempore Jim Bradshaw.ormer em ore empom Bradshaw Jim re Date Received: April 24, 1992 m re There was presented Mayor and Council Communication No. OCS-422 from the Office &aims of the City Secretary recommending that the City Council refer notices of claims Estimate of Damages/ regarding alleged damages and/or injuries to the Risk Management Department, as $5,230.00 - $5,500.00 follows: Nature of Incident: Claimant alleges damage sustained as the elen Smallwood 1. Claimant: Helen Smallwood Date Received: April 23, 1992 Date of Incident: Undeclared Location of Incident: 3025 Hanger Estimate of Damages/ Injuries: $67.50 - $175.00 Nature of Incident: Claimant alleges damages to property sustained as the result of sewer back-up. s N. Phillips 2. Claimant: James N. Phillips Date Received: April 23, 1992 Date of Incident: April 9, 1992 Location of Incident: W. Trinity Blvd. Estimate of Damages/ Injuries: $218.73 - $266.53 Nature of Incident: Claimant alleges damages to vehicle sustained as the result of loose gravel left on roadway by maintenance crews. athleen C. Flaa 3. Claimant: Kathleen C. Flaa Date Received: April 23, 1992 Date of Incident: April 16, 1992 Location of Incident: 1616 Ashland Ave. Estimate of Damages/ Injuries: $333.11 Nature of Incident: Claimant alleges damages to property sustained as the result of sewer back-up. ichmond Avenue Church V f Christ (Minister 4. Claimant: Richmond Avenue Church of Christ ufus Anderson) (Minister Rufus Anderson) Date Received: April 24, 1992 Date of Incident: Undeclared Location of Incident: 1220 E. Richmond Ave. Estimate of Damages/ Injuries: $5,230.00 - $5,500.00 Nature of Incident: Claimant alleges damage sustained as the result of City's failure to connect sewer line after replacing old sewer main. teve G. Pappajohn 5. Claimant: Steve G. Pappajohn Date Received: April 28, 1992 Date of Incident: April 6, 1992 Location of Incident: 3900 Ohio Garden Rd. Estimate of Damages/ Injuries: $1,045.00 Nature of Incident: Claimant alleges damages sustained as the result of the efforts to free a City -owned vehicle that stuck on claimant's property. imberly Howard 6. Claimant: Kimberly Howard Date Received: April 28, 1992 Date of Incident: April 20, 1992 Attorney: Claunch, Claunch & Claunch (Mr. Jim Claunch) Location of Incident: Lancaster and Main Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as a result of a vehicular accident involving a City bus and City -owned vehicle. (Police) . Donald N. Mathesor 7. Claimant: Mrs. Donald N. Matheson Date Received: April 28, 1992 Date of Incident: First week in March Location of Incident: 2336 Medford Ct. West Estimate of Damages/ Injuries: $55.00 - $107.00 Nature of Incident: Claimant alleges damages to property (sprinkler head) sustained as the result of bulky waste pick up. ndy D. Beddow 8. Claimant: Cindy D. Beddow Date Received: April 28, 1992 Date of Incident: April 10, 1992 Location of Incident: Jones St. Estimate of Damages/ Minutes of City Council U-3 Page 83 Tuesday, May 5, 1992 Cindy D. Beddow Injuries: $1,828.14 - $1,850.47 claim cont. Nature of Incident: Claimant alleges damages to automobile sustained as a result of a vehicular accident involving a City -owned truck. Paul Francis Wilkin- 9. Claimant: Paul Francis Wilkinson son Date Received: April 27, 1992 Date of Incident: April 7, 1992 Location of Incident: Trinity Blvd. 100 ft. West of Norwood Dr. South Estimate of Damages/ Injuries: $216.04 - $270.98 Nature of Incident: Claimant alleges damages to vehicle sustained as the result of loose gravel on roadway. James Cleveland Swift 10. Claimant: James Cleveland Swift Date Received: April 28, 1992 Date of Incident: April 9, 1992 Location of Incident: Trinity Blvd. near Thames & Segun Estimate of Damages/ Injuries: $175.00 - $175.52 Nature of Incident: Claimant alleges damages to vehicle sustained as the result of loose gravel on the roadway. Cheryl Lynn Ware 11. Claimant: Cheryl Lynn Ware Date Received: April 28, 1992 Date of Incident: April 9, 1992 Location of Incident: 2700 - 2900 Elk. Crenshaw Estimate of Damages/ Injuries: $270.00 - $547.37 Nature of Incident: Claimant alleges damages to property sustained as the result of water flooding home after City crews made repairs to pipes. Brian Wesley Maywald 12, Claimant: Brian Wesley Maywald Date Received: April 28, 1992 Date of Incident: February 22, 1992 Location of Incident: Intersection of East 1st & N. De Costa Estimate of Damages/ Injuries: $116.00 plus additional repairs Nature of Incident: Claimant alleges damages to vehicle sustained as the result of driving over a hole in the roadway two feet deep and submerged beneath water. Flonzell & Janice Burrell 13. Claimant: Flonzell & Janice Burrell Date Received: April 28, 1992 Date of Incident: April 13, 1992 Location of Incident: Intersection of Jenson & Wilson Estimate of Damages/ Injuries: $220.46 - $252.34 Nature of Incident: Claimant alleges damages to hood of automobile sustained as the result of being struck by a golf ball while driving past a Municipal Golf Course. William Earl Moore 14. Claimant: William Earl Moore Date Received: April 28, 1992 Date of Incident: February Location of Incident: 1125 East Ramsey Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to sewer line sustained while installing a storm drain. Linda Michelle Miller 15. Claimant: Linda Michelle Miller Date Received: April 28, 1992 Date of Incident: April 14, 1992 Attorney: Kugle, Byrne & Alworth Location of Incident: I-35 Northside & Yucca exit Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries sustained as the result of a vehicular accident involving a City -owned car. Eugene E. Perlow 16. Claimant: Eugene E. Perlow Date Received: April 28, 1992 Date of Incident: April 9, 1992 Location of Incident: Trinity Blvd. Estimate of Damages/ Injuries: $1,271.54 - $1,284.33 Nature of Incident: Claimant alleges damages to vehicle sustained as the result of an excess of gravel left on the roadway by repair crew. Minutes of City Council U-3 Page 84 am• Tuesday, May 5, 1992 Guaranty National 17. Claimant: Guaranty National Companies Companies Date Received: April 29, 1992 Date of Incident: March 2, 1992 Location of Incident: E. Seminary Drive Estimate of Damages/ Injuries: $2,808.75 Nature of Incident: Claimant seeks subrogation rights on behalf of clients, Clarence Collins and Pamela Collins. Pamela Joy Collins 18. Claimant: Pamela Joy Collins Date Received: April 29, 1992 Date of Incident: March 2, 1992 Location of Incident: E. Seminary Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as the result of the claimant losing control of vehicle after hitting a large pothole. Donn M. Caldwell 19. Claimant: Donn M. Caldwell Date Received: April 29, 1992 Date of Incident: April 8, 1992 Location of Incident: Trinity Blvd. between Loop 820 & Precinct Line Rd. Estimate of Damages/ Injuries: $157.79 - $162.15 Nature of Incident: Claimant alleges damages to vehicle sustained as the result of an excess of gravel left in the roadway by repair crew. M&C OCS-422 adopted It was the consensus of the City Council that the recommendation be adopted. Benefit Hearing It appearing to the City Council that on March 31, 1992, the City Council set BH -0092 todayas the date for benefit hearing for the assessment g paving of Oakland Boulevard from Interstate 30 to East First Street and that notice was given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on April 8, 9, and 10, 1992, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re Mrs. Martha Lunday, representing the Department of Transportation and Public BH -0092 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 -0092, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF OAKLAND BOULEVARD FROM INTERSTATE 30 TO EAST FIRST STREET (PROJECT NO. 90-136099) 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 Oakland Boulevard from Interstate 30 to East First Street. DISCUSSION: On February 28, 1989 (M&C C-11478), the City Council authorized the establishment of a project and retained an engineering firm to prepare plans for the improvement of Oakland Boulevard from I-30 to connect with East First Street. This street has never been constructed to City standards. It is not located in a target area. There are no one- and two- family residences adjacent to this section of the street. Oakland Boulevard will be constructed with standard concrete pavement. On March 31, 1992 (M&C G-9591), the City Council established May 5, 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 $ 73,160.00 ( 11%) City's share of cost $611,314.00 ( 89%) Total cost $684,474.00 (100%) Minutes of City Council U-3 Page 85 W ITuesday, May 5, 1992 BH -0092 cont.II There are no unusual situations on this project that require special City Council consideration. The project is in DISTRICT 4. There being no one else present desiring to be heard in connection with the assessment paving of Oakland Boulevard from Interstate 30 to East First Street, Council Member Matson made a motion, seconded by Council Member Silcox, that the recommendations, as contained in BH -0092, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Matson introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. 11086 ORDINANCE NO. 11086 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF OAKLAND BOULEVARD FROM INTERSTATE 30 TO EAST FIRST 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-9638 re settlement of lawsuit There was presented Mayor and Council Communication No. G-9638 from the City filed by Mr. William Manager stating that Mr. William Brown, Jr., filed a lawsuit against the City of Fort Brown, Jr. Worth to recover for injuries and property damage received as the result of an automobile accident with a City police vehicle which occurred on June 23, 1988; that, while admitting no liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for $4,900.00 plus court costs; that the Risk Management Department and Department of Law recommend payment in the amount specified to effect settlement in this matter; that the Director of Fiscal Services certifies that funds required for this settlement are available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve settlement of the lawsuit filed by Mr. William Brown, Jr., and authorize payment in the amount of $4,900.00 plus taxable court costs estimated at $217.00 to Mr. William Brown, Jr., and his attorney to effect settlement of Cause No. 153-128732-90. It was the consensus of the City Council that the recommendations be adopted. M&C G-9639 re There was presented Mayor and Council Communication No. G-9639 from the City settlement of lawsuit Manager stating that Mr. Marcel Hardy filed a lawsuit styled Marcel Hardy, Plaintiff, styled Marcel Hardy vs. Sharron A. Neal and the City of Fort Worth, Defendants, Cause No. 67-137199-91 to recover from physical injuries and property damage received as the result of an automobile accident with a City police vehicle which occurred on June 22, 1990; that, while admitting no liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for $7,000.00 plus taxable court costs; that the Director of Fiscal Services certifies that funds for this settlement are available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve settlement of a lawsuit filed by Mr. Marcel Hardy and authorize payment in the amount of $7,000.00 plus taxable court costs estimated at $700.00 to the Plaintiff, Mr. Marcel Hardy, and his attorney to effect settlement in this cause of action. It was the consensus of the City Council that the recommendations be adopted. M&C G-9640 re There was presented Mayor and Council Communication No. G-9640 from the City work authorization Manager recommending that a work authorization be authorized in accordance with AR3-3 for Sanitary Sewer for sanitary sewer replacement of L-528 by City forces for replacement of 542 linear Replacement of L-528 feet of six-inch sanitary sewer main pipe with eight -inch sanitary sewer main pipe in Woods Street from Cold Spring Road to Mayfield Street, for a total estimated project cost of $40,721.00, with funds available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9641 re There was presented Mayor and Council Communication No. G-9641 from the City Public Hearing Manager, as follows: Fort Worth Improve- ment District No. 4 SUBJECT: SETTING PUBLIC HEARING TO CONSIDER PROPOSED FORT WORTH IMPROVEMENT DISTRICT NO. 4 Minutes of City Council U-3 Page 86 G9641 cont. Tuesday, May 5, 1992 RECOMMENDATION: It is recommended that the City Council take the following actions regarding the proposed Fort Worth Improvement District No. 4: 1. Set May 26, 1992 at 10:00 a.m. as the date and time for a public hearing before the City Council concerning the following matters: a. The advisability of establishing the proposed district; b. The general nature of the proposed improvements and/or services; C. The estimated cost of improvements and/or services; d. The boundaries of the district; ises e. The proposed method of assessment; and, f. The proposed apportionment of costs between the Improvement separate fund to be used for improving concession operations, purchases of improvements District and the City as a whole. or equipment, and for the advertising, marketing, and promotion of usage of facilities 2. Direct the City Secretary to give notice of the public hearing in accordance with the Public Improvement District Assessment Act, V.T.C.A., Local Government Code Annotated, Section 372.001 et. seq. DISCUSSION: On April 14, 1992, the City Council adopted M&C G-9608 which initiated proceedings to consider the establishment of Improvement District No. 4. According to the Public Improvement District Assessment Act (V.T.C.A., Local Government Code Annotated, Section 372.001 et. seq.), the City Council is not authorized to consider establishment of the District until the Council has held a public hearing regarding the matters listed above under Recommendation 1. Notice of the hearing must be published in the official newspaper of the City and written notice must be mailed to property owners in the proposed district. ntroduced an Council Member Puente introduced an ordinance and made a motion that it be rdinance 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, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: rdinance No. 11087 11 ORDINANCE NO. 11087 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 $27,672.08 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 AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council U-3 Page 87 After the hearing is adjourned, the City Council would be authorized to adopt a resolution establishing the District. C G-9641 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9641, be adopted. C G-9642 re There was presented Mayor and Council Communication No. G-9642 from the City ntractual payment Manager stating that the Will Rogers Memorial Center entered into a five-year City om Ken Moore Enter- Secretary Contract No. 14255 with Ken Moore Enterprises on April 1, 1985, with five ises one-year renewal options, to provide food and beverage concession services at the complex; that this contract has been extended until April 15, 1993, by Mayor and Council Communication No. C-13240, February 2, 1992; that Section 3.01 of this contract provides 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 the advertising, marketing, and promotion of usage of facilities at the Center; and recommending that the City Council accept a contractual payment to the Special Trust Fund, Special Marketing Fund, from Ken Moore Enterprises, in the amount of $27,672.08 for improving concession operations, purchases of improvements or equipment, and for 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, Special Marketing Fund, in the amount of $27,672.08 from increased revenues. It was the consensus of the City Council that the recommendations be adopted. ntroduced an Council Member Puente introduced an ordinance and made a motion that it be rdinance 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, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: rdinance No. 11087 11 ORDINANCE NO. 11087 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 $27,672.08 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 AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council U-3 Page 87 Tuesday, May 5, 1992 M&C G-9644 re SECTION 5. Ordinance No. 11087 Manager stating that the lawsuit styled Sharon Masters vs. the City of Fort Worth and cont. 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-9643 re There was presented Mayor and Council Communication No. G-9643 from the City settlement of lawsuit Manager stating that multiple parties were involved in the filing of a lawsuit styled filed by Mr. Leonard Leonard Jones, et al., Plaintiffs, vs. Ronald D. Ford, et al., Defendants, Cause No. Jones 96-129855-90, to recover for injuries and property damage received as the result of a multiple automobile accident which occurred on March 26, 1989, on the City's South Freeway; that, while admitting no liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle all three of the Plaintiffs' claims against the City in this lawsuit for a total of $9,000.00; that the other defendants in this suit are also making similar settlements in addition to the payment of all taxable court costs; that the Director of Fiscal Services certifies that funds for this settlement are available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve settlement of the lawsuit filed by Mr. Leonard Jones, et al., and authorize payment in the total amount of $9,000.00 to the Plaintiffs and their attorneys to effect M&C P-5627 re settlement in this cause of action: a) $1,500.00 to Ms. Jody Doggette Armstrong and cont for one week her attorney; b) $3,000.00 to Ms. Lisa Paoli and her attorney; and c) $4,500.00 to Mr. Leonard Jones and his attorney. It was the consensus of the City Council that the recommendations be adopted. M&C G-9644 re There was presented Mayor and Council Communication No. G-9644 from the City settlement of lawsuit Manager stating that the lawsuit styled Sharon Masters vs. the City of Fort Worth and styled Sharon Masters Raul Saenz, Cause No. 17-128384-90 arises out of a collision which occurred on or about February 3, 1989, between a vehicle occupied by the Plaintiff, Sharon Masters, and a City vehicle operated by Raul Saenz, an employee of the City of Fort Worth; that, while admitting no liability, but to avoid further and costly litigation, a tentative settlement was reached and agreed to subject to City Council approval; that, under the terms of the proposed settlement, the City of Fort Worth would pay Mrs. Masters $20,000.00, and would also pay the taxable court costs, in settlement of all claims against the City and Raul Saenz; that the Director of Fiscal Services certifies that funds required for this settlement are available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve the described settlement of the referenced lawsuit; authorize the dismissal and/or release of any cross-claims, counterclaims and other claims necessary to complete the settlement; authorize the expenditure of $20,000.00 and the payment of taxable court costs; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. On motion of Council Member Chappell, seconded by Mayor Pro tempore Webber, the recommendations were adopted. M&C P-5627 re It was the consensus of the City Council that Mayor and Council Communication cont for one week No. P-5627, Purchase Agreements to Provide Grounds Maintenance Service for the Water Department, be continued for one week. M&C P-5628 re There was presented Mayor and Council Communication No. P-5628 from the City agreement with Dyers Manager stating that the City Council approved a purchase agreement on April 16, 1991, Appliance Center by Mayor and Council Communication No. P-4881 with Dyer's Appliance Center to provide appliance parts and repair services for various City Departments; that the vendor agrees to maintain price quoted, and service continues to be satisfactory; that the City anticipates spending approximately $5,000.00 on this purchase agreement during the one-year period; that the Director of Fiscal Services certifies that funds required to participate in this purchase agreement are available in the current operating budgets, as appropriated, of the eligible City departments; and recommending that the City Council exercise its renewal option on a purchase agreement with Dyer's Appliance Center to provide appliance parts and repair services for the City of Fort Worth with a minimum trip charge of $24.95, labor at $32.00 per hour, discount off parts of 15 percent and no delivery charge, with term of agreement to begin April 17, 1992, and end April 16, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5629 re There waspresented Mayor agreement with Mega or and Council Communication No. P-5629 from the City Equipment Company Manager stating that John Deer equipment parts are available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for the purchase of these replacement parts on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that on April 9, 1991, by Mayor and Council Communication No. P-4874, City Council approved a purchase agreement with Mega Equipment Company to furnish John Deere equipment parts for one year with options to renew for two additional one-year periods; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $105,000.00 on this agreement during the one-year period; that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its first renewal option on a purchase agreement with Mega Equipment Company for the purchase of genuine John Deere equipment parts for the City Services Department on the manufacturer's suggested list price, with term of agreement to begin May 21, 1992, and end May 20, 1993, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendations be adopted. M&C P-5630 re There was agreement with presented Mayor and Council Communication No. P-5630 from the City Special Equipment Manager stating that the purchase of manufacturer's genuine FMC/LTI fire truck Service replacement parts are available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for the Minutes of City Council U-3 Page 88 Tuesday, May 5, 1992 M&C P-5630 cont. purchase of these replacement parts on an "as needed" basis reduces the required volume agreement with Conley of parts inventory and reduces equipment downtime while still allowing a volume price Lott Nichols Machinery reduction by estimating annual requirements; that the City Council on March 19, 1991, Company by Mayor and Council Communication No. P-4811 approved a purchase agreement with Special Equipment Service to furnish FMC/LTI fire truck parts for a period of one year with options to renew for two additional one -,year periods; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $30,000.00 on this agreement during the one-year period; that the Director of Fiscal Services certifies that the funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its first renewal option on a purchase agreement with Special Equipment Service for the purchase of manufacturer's genuine FMC/LTI fire truck replacement parts for the City Services Department on its bid of dealer list price less five percent discount, with term of agreement period to begin April 18, 1992, and end April 17, 1993, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendations be adopted. M&C P-5631 re Koehring parts for the City Services Department on the manufacturer's suggested list agreement with South- There was presented Mayor and Council Communication No. P-5631 from the City western Equipment Manager stating that the City Council authorized a purchase agreement on May 7, 1991, Company by Mayor and Council Communication No. P-4937 with Southwestern Equipment Company to furnish genuine Maxon parts for a period of one year with options to renew for two additional one-year periods; that these parts are available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for the purchase of these replacement parts on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $65,000.00 on this agreement during the one year period; that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its first renewal option on a purchase agreement with Southwestern Equipment Company for the purchase of manufacturer's genuine Maxon replacement parts for the City Services Department on its bid of dealer list price less six percent discount, with term of agreement to begin May 23, 1992, and end May 22, 1993, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendations be adopted. M&C P-5632 re agreement with There was presented Mayor and Council Communication No. P-5632 from the City Carrier - Book Company Manager submitting a tabulation of bids received for a purchase agreement to furnish freon R-12 to the City Services Department; stating that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the current operating budget, as appropriated, of the Equipment Services Operating Fund; and recommending that the purchase agreement be authorized with Carrier - Bock Company on its low bid of $107.50 per 30 pound container, f.o.b. Fort Worth, with term of agreement to begin May 26, 1992, and end May 25, 1993, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5633 re agreement with Conley There was presented Mayor and Council Communication No. P-5633 from the City Lott Nichols Machinery Manager stating that genuine Entyre, Bomag and Koehring parts are available only Company through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for the purchase of these replacement parts on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the City Council authorized a purchase agreement on May 7, 1991, by Mayor and Council Communication No. P-4935 with Conley Lott Nichols Machinery Company to furnish Entyre, Bomag and Koehring parts for one year with options to renew for two additional one-year periods; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $15,500.00 on this agreement during the one-year period; that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise the first renewal option on a purchase agreement with Conley Lott Nichols Machinery Company for the purchase of genuine Entyre, Bomag and Koehring parts for the City Services Department on the manufacturer's suggested list price, with term of agreement to begin June 6, 1992, and end June 5, 1993, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendations be adopted. M&C P-5634 re agreement with Old There was presented Mayor and Council Communication No. P-5634 from the City Dominion Brush Manager stating that the City Council approved a purchase agreement with Old Dominion Company Brush Company on May 7, 1992, by Mayor and Council Communication No. P-4938 to furnish mobile sweeper parts for a period of one year with options to renew for two additional one-year periods; that the award of a one-year purchase agreement for the purchase of these replacement parts on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $60,000.00 on this agreement during the one-year period; that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise its first renewal option on a purchase agreement with Old Dominion Brush Company for the City Services Department on its bid of mobile sweeper parts sold at manufacturer's suggested list price less ten percent discount, broom plastic at $1.05 per pound, and broom steel at $0.6932 per pound, with term of agreement to begin June 26, 1992, and end June 2.5, Minutes of City Council U-3 Page 89 all Tuesday, May 5, 1992 M&C P-5634 cont. There was presented Mayor and Council Communication No. P-5636 from the City and adopted 1993, with option to renew for one additional one-year period. It was the consensus of Gustafson Manufactur- the City Council that the recommendations be adopted. M&C P-5635 re There was presented Mayor and Council Communication No. P-5635 from the City agreement with Manager stating that genuine Asplundh equipment parts are available only through Asplundh Manufacturin manufacturer's representatives/distributors; that the award of a one-year purchase Division agreement for the purchase of these replacement parts on an "as needed" basis reduces stating the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the City for this expenditure Council approved a purchase agreement with Asplundh Manufacturing Division on May 7, 1991, by Mayor and Council Communication No. P-4934 to furnish Asplundh equipment parts the Water and Sewer for one year with options to renew for two additional one-year periods; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has authorized with Clearwater requested that the option to renew be exercised by Council; that the department anticipates spending approximately $8,500.00 on this agreement during the one-year Fort Worth, with period; that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that It was the consensus of the City Council the City Council exercise its first renewal option on a purchase agreement with that the recommendations be adopted. Asplundh Manufacturing Division for the purchase of genuine Asplundh equipment parts for the City Services Department on the manufacturer's suggested list price, with term of agreement to begin May 30, 1992, and end May 29, 1993, with option to renew for one additional one-year period. It was the consensus of the City Council that the There was presented Mayor and Council recommendations be adopted. M&C P-5636 re There was presented Mayor and Council Communication No. P-5636 from the City agreement with Manager stating that genuine O.E.M. Line King parts are available only through Gustafson Manufactur- manufacturer's representatives/distributors; that the award of a one-year purchase ing Company agreement for purchase of these repair parts on an "as needed" basis reduces the water Pump and required volume of parts inventory and reduces equipment down-time while still allowing for a purchase a volume price reduction by estimating annual requirements; that the Equipment Services Supply Division of City Services Department anticipates spending approximately $4,000.00; that stating Gustafson Manufacturing Company is a documented sole source for Line King parts; that the Director of Fiscal Services certifies that funds required for this purchase for this expenditure agreement are available in the Equipment Services Operating Fund; and recommending that the purchase agreement be authorized with Gustafson Manufacturing Company, sole source, the Water and Sewer on unit prices based on "Line King Parts Price list", with term of agreement to begin June 1, 1992, and end May 31, 1993, with the City's option to renew for two additional authorized with Clearwater one-year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5637 re There was presented Mayor and Council Communication No. P-5637 from the City installation by Manager stating that the City Council approved a contract on December 11, 1990, by Advance Tank Techt;D$ YMa,yor and Council Communication No. P-4622 with Advance Tank Technology for the nology installation of overfill protection devices, spill containment basins, and tank level water Pump and monitoring equipment at various locations for an amount not to exceed $64,714.00; that, for a purchase as a result of changes in the Underground Storage Regulations promulgated by the EPA Supply and the Texas Water Commission, the City Council on May 28, 1991, by Mayor and Council stating Communication No. P-4993 approved amending this contract for the installation of secondary vapor recovery systems at a cost of $16,340.93, thereby increasing the total for this expenditure expenditure amount to $81,054.93; that it is proposed that the contract with Advance Tank Technology be amended to include installation of upgraded product delivery lines the Water and Sewer for an amount not to exceed $25,000.00; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the Equipment Services authorized with Clearwater Operating Fund, as a result of savings from Capital Equipment; and recommending that the City Manager be authorized to confirm the installation of product delivery lines by Fort Worth, with Advance Tank Technology for the City Services Department for an amount not to exceed $25,000.00. It was the consensus of the City Council that the recommendation be It was the consensus of the City Council adopted. M&C P-5638 re There was presented Mayor and Council Communication No. P-5638 from the City agreement with Manager stating that the City Council authorized Mayor and Council Communication Vermeer Equipment of No. P-4839 on March 26, 1991, for a purchase agreement with Vermeer Equipment of Texas Texas to provide genuine Vermeer equipment parts for a period of one year with options to water Pump and renew for two additional one-year periods; that the Equipment Services will use this for a purchase agreement to purchase Vermeer parts and tree spade parts to maintain existing Supply equipment; that the Purchasing Division was informed by Vermeer Equipment that all stating prices would remain firm for another year on bid 91-2161; that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the for this expenditure Equipment Services Operating Fund; and recommending that the City Council exercise the renewal option A of purchase agreement for Vermeer Equipment of Texas to provide the Water and Sewer Vermeer trenchers and tree spade parts for the Equipment Services Division, with term of agreement to begin April 17, 1992, and end April 16, 1993, with one additional one- authorized with Clearwater year option to renew remaining. It was the consensus of the City Council that the recommendations be adopted. M&C P-5639 re agreement with Clear- There was presented Mayor and Council Communication No. P-5639 from the Cit water Pump and Manager submitting a tabulation of bids received for a purchase a e agreement to provide Supply submersible pumps and kits for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Clearwater Pump and Supply on its low overall bid of $5,990.98 net, f.o.b. Fort Worth, with term of agreement to begin April 28, 1992, and end April 27, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5640 re agreement with Cant- There was presented Mayor and Council Communication No. P-5640 from the City well Equipment, Inc. Manager submitting a quotation received for a purchase agreement to provide parts and service for Kohler generators for the Water Department; stating that the Director of Minutes of City Council U-3 Page 90 P-5640 cont. M&C P-5641 re purchase from Dantack Corporation P-5641 adopted &C P-5642 re greement with HSQ echnology 91 Tuesday, May 5, 1992 Fiscal Services certifies that funds required for this purchase agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council authorize the purchase agreement with Cantwell Equipment, Inc., on sole quotation of unit prices, with parts at list price less 15 percent discount, labor at $30.00 per hour, overtime at $45.00 per hour, and no charge for travel, with term of agreement to begin May 21 and end May 20, 1993. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-5641 from the City Manager submitting a quotation received for purchase of Enmet Corporation instruments for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council authorize the sole source purchase of Enmet Corporation instruments through its distributor, Dantack Corporation, for the Water Production Division, as follows: Quantity Item Description Price 1 Enmet gas detector kit $2,295.00 ea. model #04800-133 calibration B 2 Enmet portable gas detector $2,095.00 ea. model #04800-126 calibration B Total $61485,00 It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-5642 from the City Manager stating that the City Council authorized an agreement on March 26, 1991, by Mayor and Council Communication No. P-4844 with HSQ Technology to maintain the Supervisory Control and Data Acquisition System for the Water Department; that parts, emergency service, and service outside the scope of this maintenance agreement will be invoiced as incurred; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council exercise its first option to renew annually the maintenance agreement with HSQ Technology, for the Water Department, for an amount not to exceed $100,000.00 f.o.b. Fort Worth, delivered, with term of agreement to begin March 20, 1992, and end March 19, 1993, with one remaining annual option to renew. It was the consensus of the City Council that the recommendations be adopted. C P-5643 re There was presented Mayor and Council Communication No. P-5643 from the City reement with Vulcan Manager submitting a tabulation of bids received for a purchase agreement to furnish terials Company Type A, grade 1 coverstone to the Water Department; stating that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Vulcan Materials Company on its low bid of $9.18 per ton, F.O.B. destination, with term of agreement to begin May 1, 1992, and end April 30, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5644 re There was presented Mayor and Council Communication No. P-5644 from the City purchase agreement Manager stating that a purchase agreement was authorized by City Council on July 24, with DPC Industries, 1990, by Mayor and Council Communication No. P-4395 with DPC Industries, Inc., to Inc. furnish sulphur dioxide for a p period of one year with options to renew for two additional one year periods; that City Council exercised the first renewal option on May 28, 1991, by Mayor and Council Communication No. P-5004; that the vendor has agreed to maintain the quoted price and the Water Department staff has requested that the second option to renew be exercised by Council; that the Village Creek Wastewater Treatment Plant will use this product to dechlorinate the final effluent of the wastewater plant; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council exercise its second renewal option on a purchase agreement with DPC Industries, Inc., to furnish sulphur dioxide for the Water Department on its bid of $0.1270 per pound, with term of agreement to begin July 24, 1992, and end July 23, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5645 re There was agreement with Atlas presented Mayor and Council Communication No. P-5645 from the City Utility Supply Manager submitting a tabulation of bids received for a purchase agreement to provide various sizes tapping sleeves for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Atlas Utility Supply for on its low overall bid of $24,270.00 less payment terms of ten percent 30 days for an adjusted bid of $21,843.00 f.o.b. Fort Worth, with term of agreement to begin April 28 and end April 27, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5646 re There was presented Mayor and Council Communication No. P-5646 from the City agreement with Inotek Manager submitting a tabulation of bids received for a purchase agreement to provide Corporation instrument repair and calibration for the Water Department; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget of the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Inotek Corporation on its low overall bid of unit prices, with term of agreement to begin April 28, 1992, and end April 27, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5647 re There was agreement with presented Mayor and Council Communication No. P-5647 from the City Degussa Corporation Manager submitting a tabulation of bids received for a purchase agreement to furnish Hydrogen Peroxide for the Water Department; stating that the Director of Fiscal Minutes of City Council U-3 Page 91 RRO Tuesday, May 5, 1992 P-5647 cont. Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that a purchase agreement be authorized with Degussa Corporation to furnish 50 percent Hydrogen Peroxide to the Water Department on the line item low bid of unit prices of $483.00 per ton net, f.o.b. Fort Worth; that a purchase agreement be authorized with FMC Corporation to furnish 35 percent Hydrogen Peroxide to the Water Department on the line item low bid of unit prices of $600.00 per ton net, f.o.b. Fort Worth, with term of agreements to begin May 29, 1992, and end May 28, 1993, with the option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5648 re agreement Atlas Utility Supply M&C P-5649 re purchase from Federal Surplus P-5649 adopted There was presented Mayor and Council Communication No. P-5648 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide various size repair couplings for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this purchase agreement are available in the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Atlas Utility Supply on its low overall bid of $66,631.00 less payment terms of ten percent 30 days for an adjusted bid of $59,967.90 f.o.b. Fort Worth, with term of agreement to begin April 28, 1992, and end April 27, 1993. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-5649 from the City Manager, as follows: SUBJECT: PURCHASE OF SURPLUS AIRPORT CRASH FIRE TRUCK RECOMMENDATION: It is recommended that the City Council authorize the purchase of a surplus 1,500 gallon airport crash fire truck from Federal Surplus at a cost of $6,500. DISCUSSION: The 1,500 gallon airport crash fire truck will be used to replace a 1977 Oshkosh airport crash vehicle assigned to Meacham Airport which is in poor condition and not dependable for emergency response needs. It has been out of service for repairs in excess of 90 days during the past year. One repair required the replacement of the main driving engine with a rebuilt engine. On 25 other occasions during the'past year the vehicle was either in the shop for maintenance or work was performed by mechanics at the fire station. The fire pump transmission failed on April 24, 1992 and, at the time of writing this M&C, the vehicle is unavailable for service. The recommended purchase is for a truck of similar specification from Texas Surplus Properties. It is estimated that an additional $35,000 beyond the purchase price will be needed to replace missing parts and to recondition the vehicle in order to bring it to acceptable standards and condition. The $35,000 required to rehabilitate this vehicle is not available in the current budget. Funding for the reconditioning of this vehicle will be budgeted, and the reconditioning performed, in Fiscal Year 1992-93. After reconditioning, the vehicle will provide improved front-line service at Meacham when compared to the existing vehicle. In conjunction with the purchase and reconditioning of this vehicle, it is proposed that the existing Meacham vehicle be reconditioned over a reasonable period of time to the extent necessary to provide an acceptable backup vehicle for the crash fire apparatus assigned to both Meacham and Alliance Airports. The cost to replace the Meacham vehicle with a new one of similar capability would, in all probability, cost in excess of $400,000. Purchase of a new vehicle or another vehicle would likely have to be done in the near future if this intermediate step is not taken. It is projected that this proposal would provide three to five years of service before another replacement would be needed at Meacham, providing that the level of service needed for Meacham does not increase. Both the Fire Department and Equipment Services are in agreement with this recommendation. FISCAL INFORMATIONJCERTIFICATION: The Director of Fiscal Services certifies the funds are available for this expenditure in the current operating budget, of the General Fund. No funds were included in the Fire Department annual budget for this expenditure. This expenditure will increase the Department's estimated overrun in the 1991-92 fiscal year. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-5649, be adopted. &C L-10924 re There was presented Mayor and Council Communication No. L-10924 from the City Cquisftigm efaanitar Manager recommending that the City Council approve the acquisition of sanitary sewer, ewetLseverpart as drainage, and temporary construction easements out of a portion of Lot 15, Lost Creek Minutes of City Council U-3 Page 92 93 Tuesday, May 5, 1992 M&C PL -10924 cont. Club Addition (4200 and 4300 Block of Lost Creek Boulevard) from G.G.S. Investment (TEX), Inc., a Texas Corporation by G. Michael Gougler, V.P./Secretary, for a total consideration of $1.00 for Lost Creek Addition Phase III, and authorize the acceptance and recording of the appropriate deeds. It was the consensus of the City Council that the recommendations be adopted. M&C L-10925 re There was presented Mayor and Council Communication No. L-10925 from the City approved sale of Manager, as follows: surplus properties SUBJECT: SALE OF SURPLUS PROPERTY RECOMMENDATION: It is recommended that the City Council approve the sale of surplus properties described in the discussion section and authorize the City Manager to execute the appropriate deeds conveying those properties to the highest bidder. DISCUSSION: In accord with the policy regarding the sale of City -owned surplus property, a bid opening was held on April 16, 1992 for the following properties: Property 1. 2905 May St. L2, B19, S. Hemphill Hts. 50 X 150, Zoned B-2 Fam. White Frame House, Poor Condition 2. 1428 E. Richmond, L8, B60, Highland Park 50 X 120, Zoned B-2 Family Frame House, Poor Condition 3. 1155 E. Rosedale, L118, B9, McConnell 50 X 105, Zoned E -R Comm. White Frame Residence, Poor Condition 4. 3817 Millet, L31, B2, Pat B. Brower Hts.50 X 134, Zoned B-2 Fam. Yellow Frame House & Garage, Poor Condition 5. 3801 Avenue G, L3 & 4, Poly Hts. 20 X 125, Zoned B-2 Fam. Poor Condition 6. Lee at 22nd, 1,11, B151, N. Ft. Worth 50 X 140, Zoned B-2 Fam. 7. 4933 Katy, W85', L8 & 9, B3, Stalcup #185 X 120, Zoned B-2 Fam. 8. 4228 Ave. H., N75', B5, College Hts. 75 X 365, Zoned B-2 Fam. 9. 2110 Miller, Tr39A1, GW Coonrod 458A, Zoned B-2 Fam. 10. 1801 St. Louis, L9 & N10', L10 Emory College Sub, 60 X 120, Zoned B-2 Fam. 11. 2010 Ave. D., E37.5', L3 & W12', L4, B66, Highland, 69, 5 X 150, Zoned B-2 Fam. 12. 4033 Ave. N., L9, B1, Pueblo Terr Sub. 50 X 120, Zoned B-2 Fam. 13. 1117 Galveston, L10, B1, Moodie & Evans 47 X 105, Zoned D -Multi Fam. 14. 1237 E. Fogg, Weisenberger #4, L19, B1, 152 X 50, Zoned B-2 Fam. Min. Bid Bidder Amt.- -Bid $950.00 L. Wright $1,002.00 $650.00 K. Martin $1,000.00 R. Hussey 800.00 H. Busch 750.00 $750.00 C. Schuder $1,070.00 $750.00 M. Bailey $1,201.98 J. N. Hester 960.00 R. Hussey 900.00 G. Densman 805.00 $575.00 A. Bailey $1,000.00 J. Potter 811.00 $385.00 J. Santana $500.00 C. Schuder 470.00 $400.00 R. Hernandez $400.00 $400.00 C. Schuder $470.00 $350.00 C. Schuder $770.00 $350.00 J. Rodriguez $360.00 $350.00 C. Schuder $390.00 $350.00 C. Schuder $470.00 $375.00 K. Martin $1,400.00 $350.00 C. Schuder $770.00 Minutes of City Council U-3 Page 93 Tuesday, May 5, 1992 -10925 cont. 15. 3725 Stalcup, L32 & 33, B2, $500.00 C. Schuder $670.00 Astoria 100 X 206, Zoned B-2 Fam. 16. 3502 N. Pecan, L11, B42, $300.00 D. Woodward $305.00 Fostepco Hts. 50 X 125, Zoned B-2 Fam. M&C L-10925 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor Manager recommending that the City Council approve the acquisition and Council Communication No. L-10925, be adopted. space easement M&C L-10926 re south of the sludge drying beds out of Tracts 1E, Tract 10, and Tract 1C, and Tract acquisition of ease- There was presented Mayor and Council Communication No. L-10926 from the City ment Manager recommending that the City Council approve the acquisition of a temporary Survey, Abstract 1695 for a total compensation of $1.00; and authorize easement described as a portion of Lot 1, Block 5, Enderly Park Addition (1608 W. the City Council Jefferson) from Harlin L. Barton for a total consideration of $600.00, required for M- 13, M-20, and 44; authorize a fund transfer in the amount of $600.00 from the Water and year lease 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 easement. It was the consensus of the City Council that the recommendations be adopted. M&C L-10927 re There was presented Mayor and Council Communication No. L-10927 from the City acquisition of per- Manager recommending that the City Council approve the acquisition of a permanent manent easement easement described as a portion of Lot 1, Block 4, Haines Place Addition (5332 E. Lancaster Avenue), for a total consideration of $210.00, required for Sanitary Sewer Rehabilitation Contract XX from Zekaria Family Trust; authorize a fund transfer in the amount of $210.00 from the Water and Sewer Operating Fund, Sewer Capital Project to Sewer Capital Improvement Fund, Sanitary Sewer Rehabilitation, Contract XX; and authorize the acceptance and recording of the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. M&C L-10928 re There was presented Mayor and Council Communication No. L-10928 from the City sale of residual Manager stating that the City of Fort Worth purchased Lot 13, Block 77, Rosen Heights #2 Addition on January 12, 1962, for the widening of Long Avenue; that the property is a triangular area containing approximately 2,400 square feet and, 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 the 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 residual of Lot 13, Block 77, Rosen Heights #2 Addition, (25th at Long) to James Willmon, 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-10929 re There was presented Mayor and Council Communication No. L-10929 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way and of -way and permanent permanent easements described as portions of Lots 20 through 28 inclusive, Block 30, easements Diamond Hill Addition (2609, 2611 and 2613 Moore Avenue); find that $1,952.50 is just compensation for property acquired from Tony Sevilla et ux Julia C. Sevilla, required for Moore Avenue reconstruction from Irion Street to Hale Street; and authorize the acceptance and recording of the appropriate deed and easements. It was the consensus of the City Council that the recommendations be adopted. M&C L-10930 re There was presented Mayor and Council Communication No. L-10930 from the City sale of residu&1 Manager stating that the City of Fort Worth received the residual of Lot 22, Block 28, Worth Hills Addition in a Sheriff's Sale on May 5, 1981; that the property is a rectangular area containing approximately 2,400 square feet and, 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 residual of Lot 22, Block 28, Worth Hills Addition (3000 Rosen) to Elpidio and Cecilia Maltos, 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-10931 re There was presented Mayor and Council Communication No. L-10931 from the City acquisition of per- Manager recommending that the City Council approve the acquisition of a permanent manent easement easement described as a portion of John Van Riper Survey, Abstract 1590 (2818 Vickery) from Cluster Snow for a total consideration of $1.00, required for M-56 SS Relocation; and authorize the acceptance and recording of the appropriate easement. It was the consensus of the City Council that the recommendation be adopted. M&C L-10932 re acquisition of There was presented Mayor and Council Communication No. L-10932 from the City temporary working Manager recommending that the City Council approve the acquisition of a temporary space easement working space easement described as an irregular area to the west and south of the sludge drying beds out of Tracts 1E, Tract 10, and Tract 1C, and Tract 184, J.F. Wheat Survey, Abstract 1695 for a total compensation of $1.00; approve the acquisition of a permanent utility easement described as a 14 foot strip out of Tract 1E, J.F. Wheat Survey, Abstract 1695 for a total compensation of $1.00; 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-10933 re cancellation of ten- There was presented Mayor and Council Communication No. L-10933 from the City year lease Manager stating that a lease agreement between Aqua Golf, Inc., and the City of Fort Minutes of City Council U-3 Page 94 �!wR Tuesday, May 5, 1992 M&C L-10933 cont. Worth was approved on December 19, 1989, by Mayor and Council Communication No. C-12063 covering approximately 15 acres of land and water on Lake Worth; that the lease became effective February 2, 1990; that the primary term of the lease was ten years with two ten year extension options; that the Lessee (Aqua Golf, Inc.), is presently 23 months in arrears in lease rental; that notice of termination was mailed to Lessee on March 25, 1992; and recommending that City Council approve the cancellation of the ten-year lease with Aqua Golf, Inc. On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was adopted. M&C PZ -1661 re There was presented Mayor and Council Communication No. PZ -1661 from the City vacating approx. Manager recommending that the City Council adopt an ordinance vacating approximately 2,540 feet of Haslett- 2,540 feet of Haslett-Roanoke Road west of its intersection with Union Pacific Railroad Roanoke Road west and S.H. No. 377. It was the consensus of the City Council that the recommendation be No. C-13303, Contracts with Centerline Constructors, Inc., and Conatser Construction, adopted. Inc., for Assessment Paving of Hutchinson Avenue from Dewey Street to Diamond Road and Related Water and Sewer Line Replacements, be continued for two weeks. Introduced an Council Member Puente 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, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: 11 Ordinance No. 11088 ORDINANCE No. 11088 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF A STREET RIGHT-OF-WAY LOCATED WITHIN THE F. CUELLA SURVEY ABSTRACT #267, AND THE WILLIAM HUFF SURVEY, ABSTRACT #648 OF THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-13299 was withdrawn It was the consensus of the City Council that Mayor and Council Communication No. C-13299, Lease with Airport Properties, Inc., at Fort Worth Spinks Airport, be withdrawn from the agenda. M&C C-13301 cont. It was the consensus of the City Council that Mayor and Council Communication for two weeks No. C-13301, Contracts with Centerline Constructors, Inc., and Larry H. Jackson Construction for Assessment Paving of North Nichols Street from Long Avenue to N.E. 38th Street and Related Water and Sewer Line Replacements, be continued for two weeks. M&C C-13303 re It was the consensus of the City Council that Mayor and Council Communication cont. for two weeks No. C-13303, Contracts with Centerline Constructors, Inc., and Conatser Construction, Inc., for Assessment Paving of Hutchinson Avenue from Dewey Street to Diamond Road and Related Water and Sewer Line Replacements, be continued for two weeks. M&C C-13346 re There was presented Mayor and Council Communication No. C-13346 from the City approved fund transfer Manager submitting a tabulation of bids received for street paving improvements to contract with Steed, Truman Drive from Stalcup Road to Flemmings Drive and for water replacements in Truman Inc. Drive; stating that the Director of Fiscal Services certifies that funds required for this project are available in the current capital budget, as appropriated, of the Water Capital Improvements Fund, the Grants Fund, and the Street Improvement Fund; and recommending that the City Council: 1. Approve a $130,519.00 fund transfer from the Water and Sewer Operating Fund, Water Capital Project to the Water Capital Improvements Fund, Water Replacement, Truman Drive, and 2. Approve a $50,685.60 fund transfer from the Streets Assessments Project to the Truman Drive Project in the Grants Fund, and 3. Approve a $23,040.58 fund transfer for the property owners' share from the Special Assessments Fund to the Street Improvements Bond Fund, and 4. Approve a $281,073.02 bond fund transfer from the Inner City Streets Unspecified Project to the Truman Drive, Stalcup Road to Flemmings Drive Project in the Street Improvements Bond Fund, and 5. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $337,904.00 with thirty (30) working days for street paving improvements to Truman Drive from Stalcup Road to Flemmings Drive, and 6. Authorize the City Manager to execute a contract with Steed, Inc., in the amount of $115,831.50 for water replacement in Truman Drive. M&C C-13346 adopted II It was the consensus of the City Council that the recommendations be adopted. M&C C-13347 re There was presented Mayor and Council Communication No. C-13347 from the City approved fund transfer Manager submitting a tabulation of bids received for street paving improvements to contract with Walt Spurgeon Street from Trail Lake Drive to S.W. Loop 820 and for water and sewer Williams Construction, replacements in Spurgeon Street; stating that the Director of Fiscal Services certifies Inc. Minutes of City Council U-3 Page 95 • o Tuesday, May 5, 1992 that funds required for this project are available in the current operating budget, as C-13347 cont. appropriated, of the Water and Sewer Operating Fund, and the Street Improvements Fund; and recommending that the City Council: 1. Approve a $142,407 fund transfer from the Water and Sewer Operating Fund, Water Capital Projects to the Water Capital Improvements Fund, Water Replacement, Spurgeon Street, and 2. Approve a $77,738 fund transfer from the Water & Sewer Operating Fund, Sewer Capital Project to the Sewer Capital Improvements Fund, Sewer Replacement, Spurgeon Street, and 3. Approve a $334,630.07 bond fund transfer from the Inner City Streets Unspecified Project to the Spurgeon Street from Trail Lake Drive to SW Loop 820 Project in the Grants Fund, and 4. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $318,695.30 with thirty-six (36) working days for street paving improvements to Spurgeon Street from Trail Lake Drive to S.W. Loop 820, and 5. Authorize the City Manager to execute a contract with Larry H. Jackson, Construction, Inc., in the amount of $193,317.50 for the water and sewer replacements in Spurgeon Street. &C C-13347 adopted It was the consensus of the City Council that the recommendations be adopted. &C C-13348 re There was presented Mayor and Council Communication No. C-13348 from the City ellis Park Swimming Manager stating that the YMCA has opened, operated, and maintained Kellis Park Swimming ool operated by Pool for public use from 1985 through 1991; that there are no funds budgeted by the MCA City to operate this facility; that the YMCA has submitted a request to operate Kellis Park Pool during the 1992 swimming season, subject to the same conditions as in previous years; that the YMCA would provide insurance coverage and would indemnify the City; that the YMCA would be responsible for all expenses associated with opening, operating, maintaining, and closing of the pool and would leave the pool, its grounds, building and equipment in as good or better condition than existed prior to use of the site by the YMCA; that admission fees at Kellis Park Pool would be the same as last year, with daily admission of $1.25 for youth ages 15 and younger and $2.50 for adults; that season passes would be sold at $30.00 for youth, $60.00 for adults, and $90.00 for households; and recommending that the City Council permit the YMCA of Metropolitan Fort Worth, Inc., to operate and maintain Kellis Park Swimming Pool for public use from May 23 through August 30, 1992, and authorize execution of the related property use agreement. It was the consensus of the City Council that the recommendations be adopted. &C C-13349 re There was presented Mayor and Council Communication No. C-13349 from the City ease from Advance Manager stating that, under City Secretary Contract No. 8181, as amended, D.E. Hansen viation Services. Inc leases 162,675.64 square feet of land at Meacham Airport; that the term of the lease expires on May 31, 2016, and the current rental rate is $0.0363 per square foot per year; that Mr. Hansen assigned his rights to a portion of the land, consisting of 11,827 square feet, to Advance Aviation Services, Inc., under City Secretary Contract No. 18701; that Advance Aviation Services, Inc., now desires to assign its rights on this portion of the land to Aero Plane Shop, Inc., which is currently a tenant on Meacham Airport; that the Director of Fiscal Services certifies that the Aviation Department is responsible for collection of funds due the City under this agreement; and recommending that the City Manager be authorized to execute a consent to assignment of a portion of a land lease from Advance Aviation Services, Inc., to Aero Plane Shop, Inc., at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. &C C-13350 re There was presented Mayor and Council Communication No. C-13350 from the City ontract amendment Manager, as follows: ith Oscar Renda onstruction Contract- SUBJECT: APPROVAL OF CONTRACT AMENDMENT TO CITY SECRETARY CONTRACT NO. ng, Inc. 18521 (SLUDGE REMOVAL AND DISPOSAL, VILLAGE CREEK WASTEWATER TREATMENT PLANT) AND EXERCISE OF OPTION TO RENEW FOR A PERIOD OF ONE YEAR RECOMMENDATION: It is recommended that the City Council: I. Approve the contract amendment to City Secretary No. 18521 for Sludge Removal and Disposal at the Village Creek Wastewater Treatment Plant, and 2. Exercise the option to renew, for a period of one year, the contract with Oscar Renda Construction Contracting, Inc., in the amount of $8,147,400 for sludge removal, dewatering, and disposal at the Village Creek Wastewater Treatment Plant. DISCUSSION: On May 14, 1991 the City Council awarded Oscar Renda Construction Contracting, Inc. (contractor) a one-year contract (with an option to extend for an additional year) to (1) dewater and dispose of 40 dry tons of sludge from the Village Creek Wastewater Treatment Plant and (2) remove and Minutes of City Council U-3 Page 96 97 Tuesday, May 5, 1992 C C-13350 cont. dispose of accumulated sludge in 10 of the 50 sludge drying beds at the plant, (City Secretary Contract No. 18521). The contractor has successfully completed the work outlined in the contract. The proposed contract amendment accomplishes three things: 1. A contract modification to the specifications which restructures the anticipated quantities and categories to be complied with during the option year; and 2. Includes Change Order No. 2, which decreases the original contract by $2,000 for demobilization. If the contract is renewed, this amount will be included in the option year; and 3. Includes Change Order No. 3 which increases the total quantity of dry sludge removed and beneficially reused from 37,611 tons in the initial year, to 99,561 tons in the second year, an increase of 164% for the same dollar value of $8,145,400. The Village Creek Wastewater Plant produces approximately 90 tons of sludge each day. An excess stockpile of about 500,000 cubic yards is presently awaiting final disposal. This proposed contract extension will permit continued reduction of the accumulated sludge while long term plans are developed for the ongoing dewatering and disposal operation. The staff proposes an operational goal of conversion to the long term sludge disposal process and removal of the sludge inventory in three years. The contractor is in compliance with the City's DBE Policy. FISCAL INFORMATION CERTIFICATION: The Director of Fiscal Services certifies that funds required for this contract are available in the current operating budget, as appropriated, and the proposed 1992-93 operating budget of the Water and Sewer Operating Fund. C-13350 adopted It was the consensus of the City Council that the recommendations, as contained in 11 Mayor and Council Communication No. C-13350, be adopted. K C-13351 re There was presented Mayor and Council Communication No. C-13351, from the City rant money from Manager, as follows:' he U.S. Environmental rotection Agency SUBJECT: ACCEPTANCE OF GRANT MONEY FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR THE IMPLEMENTATION OF THE REGIONAL HOUSEHOLD WASTE EDUCATION AND REUSE PROGRAM RECOMMENDATION: 1. It is recommended that the City Council authorize the City Manager to accept and execute the U.S. Environmental Protection Agency's (USEPA) Solid Waste Grant. The funding provides a maximum total of $100,000 for a contract period of one year, and 2. Accept such additional funds from the USEPA as may become available under this contract during the contract period, and 3. Authorize the Fiscal Services Department, subject to funding agency approval and the City Manager's acceptance of this grant, to establish the grant project account in the City of Fort Worth Financial Accounting System upon receipt of an executed contract, and 4. Authorize a transfer of $5,000 from the General Fund to Grant Fund for the City's cash match. DISCUSSION: The United States Environmental Protection Agency (EPA), Region 6, has made monies available to any interested party up to a maximum of $100,000 in grant funds for solid waste projects. These funds are to be used specifically for innovative municipal solid waste activities including source and toxicity reduction, recycling and composting. According to application criteria, "Specific projects and activities which provide results that can be used as a model or are transferable are desirable over those without transferable results." The basis of the City of Fort Worth's application is the development of a one day Household Hazardous Waste (H3W) Collection Day and H3W reuse database for the region of the territorial limits of Tarrant County. Additionally, development of a regional permanent H3W collection center will be initiated. Currently no collection system for H3W exists in North Central Texas. The establishment of this program would; 1) Provide information on the feasibility of a H3W Collection Day in similar areas and 2) Allow the development and implementation of a permanent disposal facility. This grant program will also provide for an associated public education program. This program will be designed so that proper H3W disposal and alternative use information is disseminated, and in compliance with the Minutes of City Council U-3 Page 97 Tuesday, May 5, 1992 Clean Water Act's Part 2 Stormwater Permitting requirement of a public M&C C-13351 cont.11 education program is met. This will .not only save money but avoid a potential costly duplication of effort. Conceptually, all municipalities and the County will be included in the H3W region and as such will be required to monetarily support the regional H3W Collection Day Project. While the EPA grant is for $100,000, additional funding of up to $200,000 is anticipated. This additional $200,000 will be requested from the 38 municipalities and the County in allotments skewed against the 1990 U.S. Census. Fort Worth's anticipated contribution level has been set at $65,520. Funds to offset this cost are available through monies collected in the environmental fee and other sources. Since personnel charges are not allowed in the grant, indirect costs will not be charged. The proposed budget is given below: Collection, disposal, recycling and treatment of regional household hazardous waste. $ 77,000 Educational program and advertising 15,000 Preliminary work into the establishment of a regional permanent collection facility 6,500 Reuse database establishment __.11.500 Direct costs 100,000 Indirect costs 0 TOTAL $1.0.0,000 FISCAL INFORMATIONL ERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget of the General Fund. M&C C-13351 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13351, be adopted. M&C C-13352 re There was presented Mayor and Council Communication No. C-13352 from the City contract with Manager stating that Classic Carriages has completed its second year of providing Ms. Francesca Dean horse-drawn carriage tours in the Fort Worth Stockyards area; that the company operates Buck d,lb/a "Classic three carriages along two specified routes; that the original "Certificate of Carriages" Convenience and Necessity" was granted to Mr. Michael W. Morton; that Mr. Morton wishes to transfer the company to Ms. Francesca Dean Buck; that Classic Carriages equips its horses with rubber shoes and devices designed to prevent fecal material from falling onto the streets; that there have been no complaints received by the Utilities Supervisor on this matter in the two years of Classic Carriages' operations; that the Department of Law/Utilities and the Department of Transportation and Public Works have investigated the applicant and find that the applicant appears to have fulfilled the requirements to operate for -hire vehicles on City streets; that Classic Carriages will be charged an annual fee of $750.00 for "street rental" and $756.00 for the use of carriage loading zones, for a total of $1,506.00 per year; that the Council action does not require the expenditure of City funds; and recommending that the City Council approve a Certificate of Convenience and Necessity to Ms. Francesca Dean Buck, d/b/a "Classic Carriages", and authorize the City Manager to execute a contract for a two- year term to permit the use of City streets to operate horse-drawn carriage tours in the Fort Worth Stockyards area. It was the consensus of the City Council that the recommendation be adopted. M&C C-13353 re contract with various There was presented Mayor and Council Communication No. C-13353 from the City organizations Manager stating that the City Council approved the Eighteenth Year Community Development Block Grant Proposed Final Statement of Objectives, Projected Use of Funds and Displacement Plan on April 14, 1992; that the Community Development Council approved a recommendation that the Community Development Council approve the Community Development Block Grant Year XVIII Budget by a unanimous vote; that financing of the programs is contingent upon receipt of adequate funding from the U.S. Department of Housing and Urban Development on or before June 1, 1992; and recommending that the City • Council authorize the City Manager to: 1. Execute contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development. Except where noted, all contracts will begin June 1, 1992 and end May 31, 1993. A. Senior Citizen Services of Greater Tarrant County, Inc., to operate the Riverside Senior Citizens' Program in an amount not to exceed $23,275; B. Day Care Association of Fort Worth and Tarrant County, to operate the Pre -School Child Care Program in an amount not to exceed $140,000; Minutes of City Council U-3 Page 98 Tuesday, May 5, 1992 M&C C-13353 cont.II C. YMCA of Metropolitan Fort Worth, to operate the School -Age Child Care Program in an amount not to exceed $133,750; D. Fort Worth Economic Development Corporation, to operate the Business Assistance Program in an amount not to exceed $70,852 in CDBG funds and additional program fees in an amount of up to $4,475; E. Fort Worth Hispanic Chamber of Commerce, to operate the Fort Worth Small Business Development Program in an amount not to exceed $70,852 in CDBG funds and additional program fees in an amount of up to $4,464; F. Neighborhood Housing Services of Fort Worth, Inc., to operate the Revolving Loan/Purchase, Rehab, Resale Program in an amount not to exceed $76,760 in CDBG funds and additional program fees in an amount of up to $40,000; G. Because We Care, Inc., to operate the Because We Care Program in an amount not to exceed $3,391 from June 1, 1992 to August 31, 1992. H. Meals on Wheels, Inc. of Tarrant County, to operate the Meals on Wheels Program in an amount not to exceed $17,321; I. Boys and Girls Clubs of Greater Fort Worth, Inc., to operate the J.A. Caville Kids Sports Program (JACKS) in an amount not to exceed $15,000, and J. Southside Area Ministries, to operate the Mid -South Seniors Program in an amount not to exceed $1,500, and 2. Execute a contract with the First Gibraltar Bank f.s.b., to allow the deposit of an additional allocation of up to $2,018,686 into Grants Fund 76, Center No. 005206094170 for the Home Improvement Loan Program, and 3. Transfer up to $200,000 in revenues earned during Year XVIII from the Grants Fund 76, HUD Discretionary Grant Center No. 005206065000, and HUD Revolving Loan Fund 91, Center No. 005206066000, to the Grants Fund 76, Home Improvement Loan Center No. 005206088170 as earned, and 4. Establish the accounts listed in the program description for the financing of the programs. M&C C-13353 adopted Council Member Puente made a motion, seconded by Council Member Woods, that the recommendations be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows NOT VOTING: None M&C C-13354 re There was presented Mayor and Council Communication No. C-13354 from the City contract with Manager, as follows: Architectural SUBJECT: PROPOSED CHANGE ORDER NO. 3 TO THE CONTRACT WITH Utilities, Inc. ARCHITECTURAL UTILITIES, INC. FOR MISCELLANEOUS WATER MAIN EXTENSIONS AT VARIOUS LOCATIONS RECOMMENDATION• It is recommended that the City Council authorize Change Order No. 3 to the Miscellaneous Water Main Extensions at Various Locations contract with Architectural Utilities, Inc. in the amount of $97,410.40, increasing the total contract cost to $578,876.40. DISCUSSION: This additional funding and work are being requested in order to install a water main to serve .a new development in the Alliance Gateway area. Architectural Utilities, Inc. will perform this additional work for $97,410.40. The net effect of the proposed change order: Original Contract Cost $479,386.00 Extra to Date $ 2,080.00 Proposed Change Order No. 3 $ 97,410.40 Revised Contract Cost $578,876.40 Minutes of City Council U-3 Page 99 owl Tuesday, May 5, 1992 M&C C-13354 cont.II The staff engineers of the Water Department have reviewed the proposed changes and found them to be reasonable. FISCAL INFORMATION CERTIFICATION: M&C C-13356 re revising current Extraterritorial Jurisdiction Boundary Agreement M&C C-13356 adopted Introduced a Resolution There was presented Mayor and Council Communication No. C-13356 from the City Manager, as follows: SUBJECT: JOINT RESOLUTION AND AGREEMENT AMENDING THE CURRENT EXTRATERRITORIAL JURISDICTION BOUNDARY AGREEMENT (JOINT RESOLUTION AND AGREEMENT NO. 1230) BETWEEN THE CITY OF FORT WORTH AND THE CITY OF CROWLEY (FW RELEASE 27.5 ± ACRES) RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Joint Resolution and Agreement revising the current Extraterritorial Jurisdiction Boundary Agreement (Joint Resolution and Agreement No. 1230) between Fort Worth and Crowley. DISCUSSION: Mayor Nancy Behrens, acting on behalf of the City of Crowley, has requested an amendment to the current Extraterritorial Jurisdiction Agreement with Fort Worth. The City of Crowley is requesting a release from Fort Worth of approximately 26.0 acres of land situated immediately adjacent to the Crowley city limits, but within Fort Worth's exclusive extraterritorial jurisdiction. The City of Crowley proposes to annex the site for the purpose of constructing a city -owned sports complex or recreational facility. A grant application to fund the proposed facility has been submitted by the City of Crowley to the Texas Parks and Wildlife Commission. This request was approved by the Development Review Committee on October 24, 1991, with the following condition: that the current ETJ Boundary Agreement be revised so that in addition to releasing the subject tract, all county -type roads used as a common border between Crowley and Fort Worth, be released to Crowley. The release of these roads will relieve the City of Fort Worth from road maintenance, traffic control, and liability responsibilities. This would bring the total amount of land released to approximately 27.5 acres. The City of Crowley has acknowledged this amendment to their request and concur. The City Plan Commission recommended approval of the request as amended on October 30, 1991. Included in the proposed Joint Resolution and Agreement is a paragraph which provides that if the land on which the sports complex or recreational facility is to be constructed, is not used for that purpose within five (5) years after execution of the Joint Resolution and Agreement, or ceases to be used for that purpose, then the City of Crowley will release the 26 acre tract back into the City of Fort Worth's exclusive extraterritorial jurisdiction. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13356, be adopted. Council Member Puente introduced a resolution and made a motion adopted. The motion was seconded by Council Member Woods. The motion, it the adoption of said resolution, prevailed by the following vote: Minutes of City Council U-3 Page 100 that it be carrying with The Director of Fiscal Services certifies that funds required for this contract are available in the current capital budget, as appropriated, of the Commercial Paper Fund- Water. M&C C-13354 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13354, be adopted. M&C C-13355 re There was presented Mayor and Council Communication No. C-13355 from the City contract with Texas Manager stating that the Weatherization Assistance Program serves low-income residents Department of Housing of Tarrant County, primarily the handicapped and elderly, by weatherizing their homes; and Community Affairs that a maximum of $1,697.00 in regular weatherization funds can be expended on each home; that an additional $1,500.00 in Enhanced Weatherization funds can be spent on each home to make minor repairs which complement the energy conservation measures; that administrative costs are restricted to 5.26 percent of the total Texas Department of Housing and Community Affairs project expenditures; that the project is available in Council Districts 2, 3, 4, 5, 6, 7, 8, and 9; that no City funds are required as a match for this grant; and recommending that the City Manager be authorized to accept and execute a one-year contract with the Texas Department of Housing and Community Affairs for an approximate amount of $103,049.00 to weatherize a projected 61 Tarrant County homes occupied by low-income residents; for a period beginning April 1, 1992, and ending March 31, 1993; accept any additional funds, if available, from the Texas Department of Housing and Community Affairs, and execute contracts for such funds for the weatherization of homes during the contract period; apply indirect costs rate of 28.06 percent which represents the most recent approved rate for the department; and authorize the Accounting Division of the Finance Department to establish the grant project accounts in the City of Fort Worth's accounting system upon receipt of an executed contract. It was the consensus of the City Council that the recommendations be adopted. M&C C-13356 re revising current Extraterritorial Jurisdiction Boundary Agreement M&C C-13356 adopted Introduced a Resolution There was presented Mayor and Council Communication No. C-13356 from the City Manager, as follows: SUBJECT: JOINT RESOLUTION AND AGREEMENT AMENDING THE CURRENT EXTRATERRITORIAL JURISDICTION BOUNDARY AGREEMENT (JOINT RESOLUTION AND AGREEMENT NO. 1230) BETWEEN THE CITY OF FORT WORTH AND THE CITY OF CROWLEY (FW RELEASE 27.5 ± ACRES) RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Joint Resolution and Agreement revising the current Extraterritorial Jurisdiction Boundary Agreement (Joint Resolution and Agreement No. 1230) between Fort Worth and Crowley. DISCUSSION: Mayor Nancy Behrens, acting on behalf of the City of Crowley, has requested an amendment to the current Extraterritorial Jurisdiction Agreement with Fort Worth. The City of Crowley is requesting a release from Fort Worth of approximately 26.0 acres of land situated immediately adjacent to the Crowley city limits, but within Fort Worth's exclusive extraterritorial jurisdiction. The City of Crowley proposes to annex the site for the purpose of constructing a city -owned sports complex or recreational facility. A grant application to fund the proposed facility has been submitted by the City of Crowley to the Texas Parks and Wildlife Commission. This request was approved by the Development Review Committee on October 24, 1991, with the following condition: that the current ETJ Boundary Agreement be revised so that in addition to releasing the subject tract, all county -type roads used as a common border between Crowley and Fort Worth, be released to Crowley. The release of these roads will relieve the City of Fort Worth from road maintenance, traffic control, and liability responsibilities. This would bring the total amount of land released to approximately 27.5 acres. The City of Crowley has acknowledged this amendment to their request and concur. The City Plan Commission recommended approval of the request as amended on October 30, 1991. Included in the proposed Joint Resolution and Agreement is a paragraph which provides that if the land on which the sports complex or recreational facility is to be constructed, is not used for that purpose within five (5) years after execution of the Joint Resolution and Agreement, or ceases to be used for that purpose, then the City of Crowley will release the 26 acre tract back into the City of Fort Worth's exclusive extraterritorial jurisdiction. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13356, be adopted. Council Member Puente introduced a resolution and made a motion adopted. The motion was seconded by Council Member Woods. The motion, it the adoption of said resolution, prevailed by the following vote: Minutes of City Council U-3 Page 100 that it be carrying with 101 Tuesday, May 5, 1992 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The resolution, as adopted, is as follows: Joint Resolution and Agreement No. 1827 11 STATE OF TEXAS § COUNTY OF TARRANT § JOINT RESOLUTION AND AGREEMENT NO. 1827 KNOW ALL MEN BY THESE PRESENTS § WHEREAS, the City of Fort Worth is a home rule city lying and being situated within the confines of the County of Tarrant, State of Texas; and WHEREAS, the City of Crowley is a general law city lying and being situated within the confines of the County of Tarrant, State of Texas; and WHEREAS, the City of Fort Worth and the City of Crowley heretofore adopted and agreed to Joint Resolution and Agreement No. 1230, which amended a previous Joint Resolution by the parties, and which defined the mutual common boundary line and apportioned the extraterritorial jurisdiction between Fort Worth and Crowley; and WHEREAS, the City of Fort Worth and the City of Crowley now desire to amend Joint Resolution and Agreement No. 1230, whereby the City of Fort Worth will release from its exclusive extraterritorial jurisdiction certain land to be annexed by the City of Crowley; NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF CROWLEY: SECTION 1. THAT Joint Resolution and Agreement No. 1230, between the City of Fort Worth and the City of Crowley, is hereby amended in its entirety for the purpose of redefining the common boundary line and the apportionment of extraterritorial jurisdiction of the two cities, and following said amendment, the mutual common boundary line and the apportionment of extraterritorial jurisdiction between the City of Fort Worth and the City of Crowley is hereby determined, fixed and ratified, and the same is hereby particularly described by metes and bounds as follows: BEGINNING at a point on the south line of Tarrant County, Texas, said point having coordinates of x=2, 037,198.87 and Y=322,504.20, and being on the east right-of-way line of a proposed north -south major thoroughfare; THENCE North 00 degrees 03 minutes 50 seconds East, with said east Right -of -Way line, a distance of 7,836.59 feet to a point, said point lying within Farm to Market Road No. 1187; " THENCE North 89 degrees 56 minutes 10 seconds West, a distance of 439.46 feet to a.point in the east line of a tract conveyed to First Baptist Church of Crowley by deed recorded in Volume,57911 Page 225, Deed Records, Tarrant County, Texas, said point also being in the west line of F.M. Highway No. 1187; THENCE South 00 degrees 29 minutes 03 seconds West, along the east line of said church tract and the west line of said F.M. Highway No. 1187, a distance of 462.29 feet to the southeast corner of said church tract; THENCE North 89 degrees 49 minutes 57 seconds West, along the south line of said church tract, a distance of 748.44 feet to the southwest corner of said church tract; THENCE South 00 degrees 54 minutes 29 seconds East, a distance of 491.92 feet to a point for the southeast corner of that certain 1.0075 acre tract, being a remainder of a 58.84 acre tract described in deed to Mare Investments, Inc., recorded in Volume 5481, Page 947, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 24 minutes 09 seconds West, along said south line of said Mare Investments tract and along the south line of a 25.000 acre tract out of that certain 48.8421 acres described in Deed to Lucy Ann Smith recorded in Volume 7554, Page 1184, a distance of 875.40 feet to a point for the northwest corner of that certain 24.53 acre tract described in Deed to Grace Presbyterian Extension Committee, Inc., THENCE South 01 degrees 37 minutes 50 seconds West, along the westerly line of said 24.53 acre Grace Presbyterian tract, a distance of 67.58 feet to a point; Minutes of City Council U-3 Page 101 102 Tuesday, May 5, 1992 joint Kesolutlon No. THENCE South 89 degrees 47 minutes 42 seconds West, along the south line of 1827 cont. the aforementioned 25.000 acre tract out of that certain 48.8421 acre Lucy Ann Smith tract, a distance of 195.42 feet to a point; THENCE North 00 degrees 53 minutes 00 seconds West, at 1115.13 feet past the south line of County Road No. 1082, in all a distance of 1165.13 feet to a point in the north line of County Road No. 1082; THENCE South 89 degrees 58 minutes 00 seconds East, continuing along said north line of County Road No. 1082, a distance of 1315.61 feet to a point being the southwest corner of that certain tract conveyed to Crowley Independent School District by Condemnation Cause No. 96-52128-78, recorded in Book 176, Page 905, County Court at Law, Tarrant County, Texas; THENCE North 00 degrees 20 minutes 48 seconds East, along the west line of said school tract, at 2352.05 feet past the northwest corner of said school tract, in all a distance of 2402.05 feet to a point in the north line of the A. Fernandez Survey, Abstract No. 506, the south line of the H. Riddle Survey, Abstract No. 1329, and the north line of County Road No. 1018; THENCE North 89 degrees 56 minutes 07 seconds East, along said survey lines and the north line of County Road No. 1018, a distance of 525.65 feet to the southwest corner of a tract conveyed to Crowley Church of Christ, by deed recorded in Volume 4578, Page 152, Deed Records, Tarrant County, Texas; THENCE North 00 degrees 10 minutes 32 seconds East, along the west line of said church tract, a distance of 361.5 feet to the northwest corner of said tract; THENCE North 89 degrees 56 minutes 07 seconds East, along the north line of said church tract, a distance of 349.62 feet to a point on a curve in the westerly line of a proposed north -south major thoroughfare, the center of said curve bears South 83 degrees 46 minutes 39 seconds East a radius distance of 8,387.49 feet; THENCE Northeasterly along said westerly right-of-way and said curve to the right, through a central angle of 10 degrees 01 minute 54 seconds, an arc distance of 1,468.53, to a point in a fence on the south line of the M. Walters Survey, Abstract No. 1598 and the north line of the Beverly Pool Survey, Abstract No. 1243; THENCE North 89 degrees 58 minutes 20 seconds East, along said fence and survey lines, a distance of 698.90 feet to a point; THENCE North 00 degrees 28 minutes 57 seconds East, a distance of 1705.58 feet to a point on a curve to the right in the proposed westerly right-of- way of a north -south thoroughfare, the center of said curve bears South 61 degrees 06 minutes 00 seconds East, a radius distance of 8,387.49 feet; THENCE Northeasterly along said westerly right-of-way and said curve to the right, through a central angle of 07 degrees 20 minutes 22 seconds, an arc distance of 1074.42 feet to a point; THENCE South 53 degrees 45 minutes 38 seconds East, a distance of 120.00 feet to a point in the east right-of-way line of said proposed north -south major thoroughfare, said point being the beginning of a curve to the left whose center bears North 53 degrees 45 minutes 38 seconds West, a radius distance of 8,144.03 feet; THENCE northeasterly with said east right-of-way line and said curve to the left, through a central angle of 21 degrees 06 minutes 33 seconds, an arc distance of 3,000.46 feet to a point on the south right-of-way line of a proposed east -west major thoroughfare; THENCE South 89 degrees 51 minutes 08 seconds East, along said south right-of-way line, a distance of 220.41 feet to a point for the beginning of a curve to the right whose center bears South 00 degrees 08 minutes 52 seconds West, a radius distance of 13,971.31 feet; THENCE easterly with said south right-of-way and said curve to the right, through a central angle of 11 degrees 03 minutes 55 seconds, an arc distance of 2698.22 feet to a point of reverse curvature being the beginning of a curve to the left whose center bears North I1 degrees 12 minutes 47 seconds East, a radius distance of 16,007.00 feet; THENCE easterly with said south right-of-way line and said curve to the left, through a central angle of 10 degrees 53 minutes 57 seconds, an arc distance of 3,044.95 feet to a point lying within Farm to Market Road No. 731; THENCE continuing with said south right-of-way line, South 89 degrees 41 minutes 10 seconds East, a distance of 5,132.10 feet to a point, being the northeast corner of the tract described herein; THENCE South 00 degrees 33 minutes 59 seconds West, a distance of 7,720.51 feet to a point in the south line of Farm to Market Road No. 1187; Minutes of City Council U-3 Page 102 103 Tuesday, May 5, 1992 1 THENCE North 88 degrees 40 minutes 03 seconds West, along said south line Joint Resolution No. of Farm to Market Road No. 1187, a distance of 9.03 feet to a point; 1827 cont. THENCE South 00 degrees 26 minutes 18 seconds West, a distance of 2,306.66 feet to a point; THENCE South 72 degrees 49 minutes 07 seconds West, a distance of 3,474.92 feet to a point; THENCE South 45 degrees 43 minutes 25 seconds West, a distance of 2,645.47 feet to a point; THENCE South 44 degrees 48 minutes 03 seconds East, a distance of 3,315.36 feet to a point; THENCE South 44 degrees 55 minutes 18 seconds West, a distance of 1,831.59 feet to a point; THENCE South 44 degrees 33 minutes 00 seconds West, a distance of 490.70 feet to a point on the south line of Tarrant County and the north line of Johnson County, Texas; THENCE South 45 degrees 13 minutes 00 seconds West, a distance of 597.60 feet to the south corner of Tract 3, H. Alsbury Survey, Abstract No. 5, Johnson County, Texas; THENCE North 47 degrees 27 minutes 45 seconds West, a distance of 45.80 feet to a point; THENCE South 45 degrees 07 minutes 53 seconds West, a distance of 2.90 feet to a point; THENCE North 44 degrees 51 minutes 15 seconds West, a distance of 565.49 feet to a point in the Johnson and Tarrant County line; THENCE North 89 degrees 24 minutes 40 seconds West, with said County line, a distance of 8,488.84 feet to the POINT OF BEGINNING and containing 4,777.3414 acres of land, more or less. SECTION 2. THAT the City of Fort Worth and the City of Crowley do hereby covenant and agree to protect, preserve and defend the hereinabove described boundary realignment and apportionment of extraterritorial jurisdiction. SECTION 3. THAT the City of Fort Worth does hereby relinquish and ratify the relinquishment to the City of Crowley all extraterritorial jurisdictional rights it may have within the area circumscribed by the above described mutual common boundary line and extraterritorial jurisdiction apportionment. SECTION 4. THAT the City of Crowley does hereby 'relinquish and ratify the relinquishment to the City of Fort Worth all extraterritorial jurisdictional rights it may have without the area circumscribed by the above described mutual common boundary line and extraterritorial jurisdiction apportionment, except such area outside the City of Crowley boundary which is adjacent to and extra territorial with the City of Burleson, Texas. SECTION 5. THAT the above described territory is shown on that certain map identified as Exhibit "A" and which is attached hereto and expressly incorporated herein for the purpose of illustrating and depicting the location of herein described territory. SECTION 6. THAT this Joint Resolution and Agreement shall become effective and binding upon the City of Fort Worth and the City of Crowley by the adoption of same in regular open City Council meeting of the City of Fort Worth and the City of Crowley. SECTION 7. THAT contained within the area described in Section 1 hereof is a 26.0075 acre tract of land, which is presently within the exclusive extraterritorial jurisdiction of the City of Fort Worth, but which will be released by Fort Worth to the City of Crowley upon mutual approval and execution of this Joint Resolution and Agreement. The said 26.0075 acre tract of land is reflected on Exhibit "A" as that area shaded by cross -hatches and is described by metes and bounds as follows: Minutes of City Council U-3 Page 103 104 Tuesday, May 5, 1992 Joint Resolution No. 1827 cont. BEGINNING at a point being the southerly and westerly northwest corner of the present City Limits of the. City of Crowley, as described in Ordinance No. 229, dated 16 September, 1982, and recorded in Volume 7365, page 1193, of the Deed Records of Tarrant County, Texas, and being in the south line of County road No. 1082 (Longhorn Trail) and being the northwest corner of that certain 4 acre tract conveyed to the First Baptist Church of Crowley as recorded in Volume 5791, Page 225, of the Deed Records of Tarrant County, Texas, and being the northeast corner of that certain 1.0075 acre tract of land, being a remainder of a 58.84 acre tract of land conveyed to Mare Investments, Incorporated, as recorded in Volume 5481, Page 947, of the Deed Records of Tarrant County,,Texas; THENCE South 00 degrees 54 minutes 29 seconds East, along the east line of the aforementioned Mare Investments Tract and along the present west City Limits line, a distance of 1037.12 feet to a 1/2 inch iron pin found for the southeast corner of the tract described herein;. THENCE South 89 degrees 24 minutes 09 seconds West, at 42.53 past the southwest corner of said Mare Investments Tract, in all a distance of 875.40 to a point for the northwest corner of that certain 24.53 acre tract conveyed to Grace Presbyterian Extension Committee, Inc., as recorded in Volume 7554, Page 1182, of the Deed Records of Tarrant County, Texas, and a re-entrant corner of that certain 48.8421 acre tract conveyed to Lucy Ann Smith as recorded in Volume 7554, Page 1184, of the Deed Records of Tarrant County, Texas; THENCE South 01 degrees 37 minutes 50 seconds west, a distance of 67.58 feet to a 1/2 inch iron pin found corner in the south line of said 48.8421 acre Lucy Ann Smith tract; THENCE South 89 degrees 47 minutes 42 seconds West, along the south line of said Lucy Ann Smith tract, a distance of 195.42 feet to a 1/2 inch iron pin set for the southwest corner of the tract described herein; THENCE North 00 degrees 53 minutes 00 seconds West, a distance of 1115.13 feet to a 1/2 inch .iron pin set in the south line of County Road No. 1082, said pint being the northwest corner of the tract described herein; THENCE South 89 degrees 58 minutes 00 seconds East, along said south line of County Road No. 1082, at 1031.36 past the northeast corner of the aforementioned 48.8421 acre Lucy Ann Smith tract and the northwest corner of the aforementioned Mare Investments, Inc., tract, in all a distance of 1073.45 feet to the POINT OF BEGINNING and containing 26.0075 acres, more or less. THAT the City of Crowley agrees, as a condition to the release by the City of Fort Worth of the above described 26.0075 acre tract of land, that the City of Crowley will use said 26.0075 acre tract of land for the construction of a public sports complex or recreational facility to be owned and operated by the City of Crowley or its non-profit designee, for the use and benefit of the general public; that in the event the City of Crowley or its non- profit designee fails to use said land for said purpose within five years from the date of the mutual approval and execution of this Joint Resolution and Agreement, or in the event the City of Crowley ceases to use said land for said purpose, then the City of Crowley will initiate and carry out those actions which are necessary to remove the said 26.0075 acre tract of land from within its corporate limits and to release it from its extraterritorial jurisdiction and to cause it to be included within the extraterritorial jurisdiction of the City of Fort Worth. SECTION 8. THAT this Joint Resolution and Agreement, upon adoption of both cities, shall be executed in several originals and shall be spread in full on the minutes of each city. A copy of this Joint Resolution and Agreement shall be executed by the Mayor and attested by the City Secretary of each city. M&C C-13357 re consent agreement with There was presented Mayor and Council Communication No. C-13357 from the City Fort Worth Indepen- Manager stating that the Fort Worth Independent School District, through its employee dent School District Mr. Carey McKenzie and its agent, Mr. Gerry Curtis, Surveyor, has requested permission to install an underground fiber-optic cable in the right-of-way of Shotts and Wimberly Streets; that the cable will allow the transfer of telecommunication data between two (or more) buildings which are owned by the school district; and recommending that the City Manager be authorized to enter into a standard consent agreement with the Fort Worth Independent School District; such agreement- authorizing installation of an underground fiber-optic cable in the right-of-way of Shotts and Wimberly Streets. Council Member Chappell Council Member Chappell requested that he and Council Member Puente be permitted re M&C C-13357 abstailWorth to abstain from voting on Mayor and Council Communication No. C-13357 involving Fort from voting Independent School District. Council Member Silcox made a motion, seconded by Council Member Woods, that Council Members Chappell and Puente be permitted to abstain from voting on Mayor and Council Communication No. C-13357. When the motion was put to a vote by the Mayor, it Prevailed unanimously. Minutes of City Council U-3 Page 104 105 Tuesday, May 5, 1992 Council Member Silcox made a motion, seconded by Council Member Woods, that the recommendation, as contained in Mayor and Council Communication No. C-13357, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Member Meadows NOT VOTING: Council Members Chappell and Puente Mr. Pat Svacina re Mr. Pat Svacina, Assistant to the City Manager, appeared before the City Council M&C C-13358 and advised Council of the location of the residence; advised Council that the area does not meet the density requirement and that Sammons does not serve this area; that the Azle Cablevision did not realize that the area was located within the City limits of Fort Worth; that, since that time, negotiations have taken place and that the Company has paid back penalties for its noncompliance and franchise fees and advised Council that the Company will continue to pay five percent of gross revenues as a franchise fee during the ten year franchise period; and advised Council that Sammons has no interest in serving this area. Council Member Silcox made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. C-13358, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Silcox 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, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. 11089 11 ORDINANCE NO. 11089 AN ORDINANCE GRANTING A LIMITED FRANCHISE TO NORTH TEXAS CABLEVISION, LTD. TO OWN, OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN FORT WORTH, TEXAS, SETTING FORTH CONDITIONS ACCOMPANYING 'THE GRANT OF FRANCHISE, AND PROVIDING FOR THE REGULATION AND USE OF THE SYSTEM. M&C C-13359 re was withdrawn It was the consensus of the City Council that consideration of Mayor and Council Communication No. C-13359, Operating Agreement with American Airlines, Inc., Governing Operations at Fort Worth Alliance Airport, be withdrawn from the agenda. M&C C-13360 re There was presented Mayor and Council Communication No. C-13360 from the City agreement with Hill- Manager submitting a proposed contract for the installation of community facilities to wood Construction serve Alliance Gateway Phase I; describing the proposed project cost; describing the Corporation exceptions of the contract which is identical to the community facilities agreement which the City and Hillwood Development Corporation entered into in 1989 for installation of Alliance Boulevard, Eagle Parkway, and Avion Road and describing the fiscal information/certification; and recommending that the City Manager be authorized Minutes of City Council U-3 Page 105 There was presented Mayor and Council Communication No. C-13358 from the City M&C C-13358 re Manager stating that City Staff discovered that Azle Cablevision (AKA North Texas a franchise agreement Cablevision) had placed pedestals, cable television wire and other plant, on City of with North Texas Fort Worth property in order to provide cable television service to Fort Worth Cablevision Ltd. residents'in the area surrounding Lake Worth, in conjunction with the City of Lakeside Cable Television System; that a letter requesting that the cable system be in compliance with the City's limited franchise policy was presented to North Texas Cablevision in November 1990; that negotiations were begun to bring the company into compliance and concluded in January 1992 when the proper maps, permits, and agreements were submitted to the City; that, because the area is not platted, no platted utility easements exist; therefore, the company will be granted the right to encroach on City property, which right may be terminated if other uses of the property are determined to be in the City's best interest; that, if the area is platted, the company will be required to relocate its facilities into platted -'utility easements; that the company has paid the $500.00 application fee, plus a $1,000.00 penalty for its non-compliance; that it has also paid a franchise fee of five percent of gross revenues earned for service to the area prior to the granting of this franchise; that the company will continue to pay five percent of gross revenues as a franchise fee during the ten year franchise period; that the franchise will also be subject to other terms and conditions of the limited cable franchise policy; that the Director of Fiscal Services certifies that Cable Communications Section of the City Manager's Office will be responsible for collection and deposit of all fees due the City under this franchise agreement; and recommending that the City Council adopt an ordinance granting a ten year limited cable television franchise to North Texas Cablevision, Ltd., and authorize the City Manager to execute a franchise agreement with North Texas Cablevision Ltd., to provide cable television service to the area located in Fort Worth around Lake Worth, as specified in the franchise agreement. Mr. Pat Svacina re Mr. Pat Svacina, Assistant to the City Manager, appeared before the City Council M&C C-13358 and advised Council of the location of the residence; advised Council that the area does not meet the density requirement and that Sammons does not serve this area; that the Azle Cablevision did not realize that the area was located within the City limits of Fort Worth; that, since that time, negotiations have taken place and that the Company has paid back penalties for its noncompliance and franchise fees and advised Council that the Company will continue to pay five percent of gross revenues as a franchise fee during the ten year franchise period; and advised Council that Sammons has no interest in serving this area. Council Member Silcox made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. C-13358, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Silcox 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, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. 11089 11 ORDINANCE NO. 11089 AN ORDINANCE GRANTING A LIMITED FRANCHISE TO NORTH TEXAS CABLEVISION, LTD. TO OWN, OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN FORT WORTH, TEXAS, SETTING FORTH CONDITIONS ACCOMPANYING 'THE GRANT OF FRANCHISE, AND PROVIDING FOR THE REGULATION AND USE OF THE SYSTEM. M&C C-13359 re was withdrawn It was the consensus of the City Council that consideration of Mayor and Council Communication No. C-13359, Operating Agreement with American Airlines, Inc., Governing Operations at Fort Worth Alliance Airport, be withdrawn from the agenda. M&C C-13360 re There was presented Mayor and Council Communication No. C-13360 from the City agreement with Hill- Manager submitting a proposed contract for the installation of community facilities to wood Construction serve Alliance Gateway Phase I; describing the proposed project cost; describing the Corporation exceptions of the contract which is identical to the community facilities agreement which the City and Hillwood Development Corporation entered into in 1989 for installation of Alliance Boulevard, Eagle Parkway, and Avion Road and describing the fiscal information/certification; and recommending that the City Manager be authorized Minutes of City Council U-3 Page 105 106 Tuesday, May 5, 1992 M&C C-13360 cont. to execute a community facilities agreement with the developer, Hillwood Construction Corporation, for the installation of community facilities for Alliance Gateway Phase I and that the reimbursement to Hillwood Construction Corporation be authorized for the City's share of cost of water, sewer, streets, and storm drain improvements upon satisfactory completion of same. Assistant City Manager Assistant City Manager Mike Groomer appeared before the City Council and advised Mike Groomer re Council that there is a potential large industrial user and that upon completion of the M&C C-13360 contract, the ad valorem tax revenue is estimated to be $300,000.00 which would begin in 1994; that it is an extension of a sewer main; and advised Council that this Company is a consolidation of other users that are not currently located within the City of Fort Worth and that it would add to the City of Fort Worth work force by however many workers the Company will have employed. Council Member Chappell made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. C-13360, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2953 re There was presented Mayor and Council Communication No. FP -2953 from the City final payment to Manager stating that the Eastside Police Sector Headquarters has been completed in E. Horn Construction, accordance with contract plans, specifications, and requirements; and recommending that Inc. the City Council accept as complete the Eastside Police Sector 'Headquarters and authorize final payment of $55,467.18 to E. Horn Construction, Inc., with funds available in current capital budget, as appropriated, of the Public Safety Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2954 re There was presented Mayor and Council Communication No. FP -2954 from the City contract with Hall- Manager recommending that the City Council accept as complete the contract with Hall - Albert Construction Albert Construction Company for the Northside II Transmission Main Phase II, Section I, Company Contract II and authorize final payment in the amount of $54,694.97 to Hall -Albert Construction Company, bringing the final project cost, including $2,600.00 in change orders, to $1,096,128.38 under City Secretary Contract No. 18487, with funds available in the Retainage Account of the Commercial Paper Fund - Water. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2955 re There was presented Mayor and Council Communication No. FP -2955 from the City final payment Center- Manager stating that sidewalk improvements to Bayberry Drive from Spoonwood to 400 feet line Constructors north has been completed in accordance with contract plans, specifications, and requirements; and recommending that the City Council accept as complete the sidewalk improvements to Bayberry Drive from Spoonwood to 400 feet north and authorize final payment of $77.52 to Centerline Constructors, with funds required for this final payment are available in the retainage account, of the Street Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2956 re There was presented Mayor and Council Communication No. FP -2956 from the City final payment to Manager stating that miscellaneous bridge repair of University Drive/Clear Fork Trinity Walt Williams Con- River has been completed in accordance with contract plans, specifications, and struction Company, requirements; and recommending that City Council accept as complete the miscellaneous Inc. bridge repair of University Drive/Clear Fork Trinity River and authorize final payment of $320.00 to Walt Williams 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. M&C FP -2957 re There was presented Mayor and Council Communication No. FP -2957 from the City final payment to Manager stating that the Meadowbrook Golf Course Proshop renovation has been completed Architectural Utili- in accordance with contract plans, specifications, and requirements; and recommending ties, Inc. that the City Council accept as complete the Meadowbrook Golf Course Proshop Renovation and authorize final payment of $6,685.48 to Architectural Utilities, Inc., with funds available in the retainage accountof the Park and Recreation Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. Ms. Elizabeth Argir re Ms. Elizabeth Argir, 3420 Stanley Avenue, appeared before the City Council to potbellied pigs petition the City Council to amend its ordinance to allow potbellied pigs in the City limits of Fort Worth and advised Council that Dr. Pat Jarrett would also make a presentation to City Council on this matter. Ms. Jennifer Crow re Ms. Jennifer Crow, 7617 Kingsmill Terrace, appeared before the City Council and Citizens' Cable advised Council that, in her opinion, the Cable Office is plagued with favoritism, Board politics, waste, frustration, and high turnover; that she has observed, since being nominated to the Citizens' Cable Board, that concerns have been ignored by Council and staff, or so current and former members have stated; and respectfully requested that her name be removed from District 1 consideration to serve on the Citizens' Cable Board. Dr. Pat Jarrett re Dr. Pat Jarrett, 1724 Fort Worth Highway, Weatherford, Texas, appeared before the pot bellied pigs City Council on behalf of Ms. Elizabeth Argir, and presented information to City Council regarding potbellied pigs showing the vaccination schedule for the pigs; information advising the City Council of surrounding cities that permit pot bellied pigs as pets and submitting a copy of the ordinance adopted by the City of Plano amending the restriction of potbellied pigs within the City limits; and advised Council that his main issue with allowing potbellied pigs is that the pigs be spayed or neutered. Ms. Michelle Palmer rE Ms. Michelle Palmer, Founder of the Texas Association for Potbellied Pigs, 4207 potbellied pigs Highway 1187 East, Burleson, Texas, appeared before the City Council and expressed support for the consideration of the City of Fort Worth to allow potbellied pigs as house pets; advised Council that the pigs have their own vaccination schedule; and Minutes of City Council U-3 Page 106 10'T Tuesday, May 5, 1992 ms. Micnelle Palmer's stated that they are more closely related to dogs and cats and suggested that,. if statement cont. Council does amend its ordinance, it include registered potbellied pigs. Mr. Phil Bordeleau re Mr. Phil Bordeleau, 1912 Alston Avenue, appeared before the City Council and Fairmount Historic expressed support for the Fairmount Historic District and invited City Council members District to tour the homes in the Historical District on May 16 and 17, and Mr. Kris Niblett, 2108 Sixth Avenue, appeared before the City Council and read accomplishments of the Fairmount Association. Mr. Gary Miller re Mr. Gary Miller, President of the Historic District 2112, Lipscomb, appeared Fairmount "HC" Zoning before the City Council and expressed support for the Fairmount "HC" Zoning Classification Classification. Ms. Kathy O'Brien re Fairmount Historic Zoning Classification Ms. Doren Pulliam re "HC" Zoning Classifi- cation Ms. Claudia Benge re Fairmount Historical District Zoning Classi fication Mr. Tony Sims re "HC" Zoning. Ms. Kathy O'Brien, 2100 Fairmount, appeared before the City Council and expressed support for the Fairmount Historic Zoning Classification. Ms. Doren Pulliam, 2223 Lipscomb, appeared before the City Council and expressed appreciation to the City Council for adopting the "HC" Zoning Classification in the Fairmount area; advised Council of the improvements that have taken place throughout the neighborhood; and advised Council that the "HC" Zoning Classification has helped to stabilize the area. Ms. Claudia Benge, 1805 Sixth Avenue, appeared before the City Council and expressed support for the Fairmount Historical District Zoning Classification. Mr. Tony Sims, 1901 Fairmount, appeared before the City Council and made inquiries regarding the processing of applications of citizens requesting removal from the "HC" Zoning. City Attorney Adkins rc City Attorney Adkins advised Mr. Sims that he would be willing to meet with him Mr. Sims and discuss his inquiries after the City Council meeting. Mr. Timothy Starkey re Mr. Timothy Starkey, 1714 South Henderson Street, appeared before the City HC��Zoning Classifi- Council and advised Council that the people in the Fairmount area are being given cation incorrect information regarding the "HC" Zoning Classification and stated that he is proud of the progress that has been made in this area thus far. Mr. Joe Pataiarco re Mr. Joe Pataiarco, 2215 Sixth Avenue, appeared before the City Council and HC��Overlay Zoning advised Council that the "HC" Overlay Zoning is a cooperative effort between the Departments of Development, Planning, Code Enforcement, and the City Council and advised Council that the "HC" Zoning Classification is helping the revitalization of the neighborhood. Mr. Phil Crombie re Mr. Phil Crombie, 1706 Fifth Avenue, appeared before the City Council and HC��Zoning Classifi- requested that the City Council support its prior decision for the "HC" Zoning cation Classification and advised Council that there are other issues that need to be resolved instead of fighting the same battle over and over again. Ms. Karen Fields re Ms. Karen Fields, Chairman of the Citizens on Patrol/Code:Blue Program, 1116 "HC" Overlay Zoning South Arlington, appeared before the City Council and expressed support for the "HC" Classification Overlay Zoning Classification. Mr. Scott Anderson re Mr. Scott Anderson, 1908 College Avenue, appeared before the City Council and Historic and Landmark inquired about the process for acquiring signatures for someone to act as your agent Commission before the Historic and Landmark Commission. Ms. Lori Lett re Ms. Lori Lett, 2241 Alston Avenue, appeared before the City Council and spoke in Fairmount Neighborhood favor of the Fairmount Neighborhood Association. Association Ms. Jane Starkey re Ms. Jane Starkey, 1714 South Henderson, appeared before the City Council and "HC" Zoning Classifi- advised Council that, should Council decide to let some of the people out of "HC" cation Zoning Classification, it would be setting a precedent and advised Council that this would only be defeating the purpose of the "HC" Zoning Classification. Ms. Rose Lynn Scott re Ms. Rose Lynn Scott, 2337 Mistletoe Avenue, appeared before the City Council and "HC" Zoning Classifica- advised Council that, if the people are allowed to be removed from the "HC" Zoning tion Classification, the slumlords will return and suggested that the City Council consider holding a public hearing for all of the citizens in this area to answer questions that the public may have. Mr. Tim Conover re Mr. Tim Conover, 1909 Alston, appeared before the City Council, advising Council "HC" Zoning Classifica- tion that he is a new homeowner and that the reason he purchased his home in this area was due to the "HC" Zoning Classification. r. Ralph Subia Diaz re!! Mr. Ralph Subia Diaz, Member of Allied Communities of Tarrant, appeared before ental care the City Council and requested that the City Council continue the funding of the City's program of dental care for low income residents. r. Drew Brown re Mr. Drew Brown with Allied Communities of Tarrant, 2824 South Hills Avenue, ental care appeared before the City Council concerning the continued funding of the City program for dental care for low income residents; stating that, the City, County, and the private health providers need to work cooperatively toward a unified approach to dental and other health care problems; and advised Council that Allied Communities of Tarrant is willing to work with the City in developing such a plan, and that they have spoke with several experts who are willing to help in developing a comprehensive, cost efficient system of indigent health care in this County; and requested that City Council begin this process by supporting the refunding of the dental program. Minutes of City Council U-3 Page 107 108 Tuesday, May 5, 1992 Mayor Granger ex- cused herself from Mayor Granger excused herself from the Council table, at this time, and Mayor Pro for the budget and that once he prepares the budget he presents his proposal to the City Council. for their tempore Webber assumed the chair. consideration. She suggest that he make an appointment to speak with either the Mayor or an Assistant City Manager regarding his proposal. Mr. Pedro Herrera re Housing Code the Council table officials Housing Code officials discriminated against a Mexican -American senior citizen, Ms. Kathleen Holler rc dental Ms. Kathleen Holler, 1704 Baird Farm Circle, Arlington, Texas, appeared before program the City Council and expressed disappointment in the proposal to cut the dental program requested that the Housing Code officials be properly trained in the practice of -non- and requested that the City Council commit to the continued funding of the City's singling -out cease immediately. program of dental care for low income residents. Webber re Mr. Herrera Ms. Abigail Brown re Dental Health Clinic Ms. Abigail Brown, 1315 Edgecliff Road, appeared before the City Council and urged the City Council to reconsider the decision to not fund the Dental Health Clinic. Dr. Sid Holleman re Dr. Sid Holleman, 7017 Castle Creek Court, Chairman of the Dental Clinic Task dental program Force, appeared before the City Council and requested that the City Council support the refunding of the dental program. Dr. Charles Kendall IV Dr. Charles Kendall, IV, 2621 Highview Terrace, appeared before the City Council re Health Department and advised Council that he is willing to work with the City to help the City find the ten percent ten percent reduction in the Health Department. Ms. Sherrilae Tiron r Ms. Sherrilae Tirone, 1005 Winnie Street, patient at Worth Heights Clinic, Worth Heights Clinic appeared before the City Council and advised Council that the clinic is needed and that she will be glad to do whatever possible in order to help keep the clinic open. Ms. Patricia Stevens Ms. Patricia Stevens, 1525 Sandy Lane, No. 109, appeared before the City Council re dental clinic and requested that the City Council continue to support funding of the dental clinic; advised Council that citizens on fixed income and no insurance use this service; and stated that she would like to see the clinic remain open. Ms. Doreen Jannotta re Ms. Doreen Jannotta, 3309 Paint Brush Lane, appeared before the City Council and dental clinic advised Council that their organization (TEETH) has a cost effective program and that they have written a book about the dental clinic and requested support of the City Council for funding of the dental program. Mr. R. L. Livingston Mr. R.L. Livingston, 2216 Wyatt Court, appeared before the City Council and re create more jobs; advised Council that the City Council needs to take steps to create more jobs within eliminate racism; the City of Fort Worth; advised Council that the creation of jobs will help to curfew hours eliminate racism within the City; and advised Council that they should not consider Mr. Bobby Gaiter, Jr. extending the curfew hours for youth until 2:00 p.m. during the summer months. re his budget pro- Mr. Bobby Gaiter, Jr., 4649 Quail Lane, appeared before the City Council and posal advised Council of his budget proposal and stated that the City needs to invest in the children; that more education and more police officers are needed; and requested to meet with the Mayor regarding his budget proposal. Mayor Pr tempore Webber Mayor Pro tempore Webber advised Mr. Gaiter that the City Manager is responsible re Mr. Gaiter . for the budget and that once he prepares the budget he presents his proposal to the City Council. for their consideration. She suggest that he make an appointment to speak with either the Mayor or an Assistant City Manager regarding his proposal. Mr. Pedro Herrera re Housing Code Mr. Pedro Herrera, 3324 North Pecan, appeared before the City Council alleging that officials Housing Code officials discriminated against a Mexican -American senior citizen, combat veteran of World War II, stating that a house located at 1409 Dixie Street of which he is co-owner, was tagged substandard, but not dangerous, and is boarded up as per the housing officials, but that two boarded -up houses were not tagged substandard nor has there been an order issued to demolish the two houses that are white -owned. He requested that the Housing Code officials be properly trained in the practice of -non- discrimination and that all forms of discrimination, favoritism, corruption, and singling -out cease immediately. Mayor Pro tempore Webber re Mr. Herrera Mayor Pro tempore Webber advised Mr. Herrera that Mr. Tom Davis will investigate. this matter. Council Member Silcox re alleged discrimina- Council Member Silcox requested that the City Council receive a report on the tion practices of alleged discrimination practices of Housing Code officials once it had been Housing Code officials investigated by staff. Met in closed or It was the consensus of the City Council that the City Council meet in closed or executive session executive session to seek the advice of its attorneys concerning the following pending litigation: City of Fort Worth v. City of Dallas, Cause No. 348-1414-30-92, as authorized by Section 2(e), Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened into regular session, with six members present and regular session Mayor Granger and Council Members Puente and Meadows absent. Adjourned There being no further business, the meeting was adjourned. �I CITY SECRETARY MAYOR Minutes of City Council U-3 Page 108