Loading...
HomeMy WebLinkAbout1992/12/08-Minutes-City Council436 CITY COUNCIL MEETING DECEMBER 8, 1992 City Council Met On the 8th day of December, A.D., 1992, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:25 a.m., with the following members and officers present: Members Present Mayor Kay Granger; Mayor Pro, tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice, Church. With more than a quorum present, the following.business was transacted: Invocation The invocation was given by The Reverend Lemarion Wallace, Greater St. Paul Baptist Church. Pledge of Allegiance The Pledge of Allegiance giance was recited. Minutes of December 3 On motion of Council Member Woods, seconded by Council Member 1992 approved McCray, the minutes of the regular meeting of December 3, 1992, were approved. M.A.G.I.C. program Mayor Granger introduced Betty Ward, Co -Chair of the Mayor's Anti - introduced Graffiti Inner -City Cleanup Program and a videotape was shown regarding the progress of M.A.G.I.C. Council Member Matson Council Member Matson expressed appreciation to Captain Ely for expressed appreciatior sponsoring a new program, Coffee with the Captain. Mr. Matson said that to Captain Ely for thisram ro sponsoring a new p g gives citizens an opportunity to become familiar with Police program Department personnel and activities. Withdrew M&C Nos. II City Manager Terrell requested that Mayor and Council Communication P-6118, and C-13636 Nos. P-6118 and C-13636 be withdrawn from the consent agenda. Withdrew M&C No.II Council Member Silcox requested that Mayor and Council Communication C-13634 No. C-13634 be withdrawn from the consent agenda. M&C No. P-6118 City Manager Terrell requested that Mayor and Council Communication cont. for two week No. P-6118 be continued for one week and that Mayor and Council and withdrew M&C No. C-13638 Communication No. C-13638 be withdrawn from the agenda. Consent agenda approvq� On motion of Council. Member Matson, seconded by Council Member Woods, the consent agenda, as amended, was approved. Appointed Mr. Bob D. Whitt to the FWTA Council Member Matson nominated Mr. Bob D. Whitt for membership on the Fort Worth Transportation Authority and made a motion, seconded by Council Member Woods, that Mr. Whitt be appointed to Place 4 on the Fort Worth Transportation Authority, replacing Russell Lancaster, with a term of office expiring August 31, 1993. Council Member Chappell Council Member Chappell requested permission of the City Council to re abstain from votin abstain from votingthe on apoointment to the on appointment to the Fort Worth Transportation FWTA Authority. Council Member Matson made a motion, seconded by Council Member McCray, that Council Member Chappell be permitted to abstain from voting on the appointment of Mr. Bob D. Whitt to the Fort Worth Transportation Authority. The motion carried unanimously. The motion that Mr. Bob D. Whitt be appointed to the Fort Worth Transportation Authority carried by the following vote: AYES: Mayor Granger; Mayor Council Members Puente, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell Pro tempore Webber; Silcox, Matson, McCray, Minutes of City Council U-3 Page 436 437 Tuesday, December 8, 1992 M&C OCS-478 There was presented Mayor and Council Communication No. OCS-478 from Claims the Office of the City Secretary recommending that notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. M&C G-9945 re There was presented Mayor and Council Communication No. G-9945 from adopt Resolution No. the City Manager recommending that the City Council adopt Resolution No. 1845 1845 reestablishingthe e guidelines and criteria for tax abatement to qualified commercial/industrial projects. Council Member Chappell made a motion, seconded by Council Member Puente, that Mayor and Council Communication No. G-9945 be approved, as amended, to include in the Policy Statement on Page 2, under Item III A.2 and A.3, "project located in the inner city", "or property adjacent to the major thoroughfares as identified on "Exhibit A": (The list of streets and the adjacent tracks are included in the Council Proceeding file of December 8, 1992, with Mayor and Council Communication No. G- 9945.) City Manager Terrell r City Manager Terrell advised Council that an amendment should be M&C G-9945 and made to the attached Resolution on the eighth correction on g paragraph, line 1, to read Resolution 8th day of December, A.D., 1992 instead of 3rd day of December, A.D., 1992. When the motion to approve Mayor and Council Communication No. G- 9945, as amended, was put to a vote by the Mayor, it carried unanimously. Mr. Joe Cameronn re Mr. Joe Cameron, 4605 Applewood, appeared before the City Council M&C G-9945 and expressed opposition pposition to the Tax Abatement guidelines and criteria and requested that the City Council rethink the award of Tax Abatements within the City limits of Fort Worth. M&C G-9948 re There was presented Mayor and Council Communication No. G-9948 from partial tax exemption the City Manager recommending that the City Council approve the at 2512 S. Adams application for partial tax exemption eligibility of the property at 2512 S. Adams. It was the consensus of the City Council that the recommendation be adopted. M&C G-9949 re There was presented Mayor and Council Communication No. G-9949 from partial tax exemption the City Manager recommending that the City Council approve the at 2412 Fifth Avenue application for partial tax exemption eligibility of the property at 2412 Fifth Avenue. It was the consensus of the City Council that the recommendation be adopted. M&C G-9950 re There was presented Mayor and Council Communication No. G-9950 from partial tax exemption the City Manager recommending that the City Council approve the at 2620 Rosen application for partial tax exemption eligibility of the property at 2620 Rosen. It was the consensus of the City Council that the recommendation be adopted. M&C G 9951 re There was presented Mayor and Council Communication No. G-9951 from partial tax exemption the City Manager recommending that the City Council approve the at 2225 Alston application for partial tax exemption eligibility of the property at 2225 Alston (Fairmount/Southside Historic District). It was the consensus of the City Council that the recommendation be adopted. M&C G-9952 re There was presented Mayor and Council Communication No. G-9952 from adopt Resolution No. the City Manager recommending that the City Council adopt Resolution No. 1876, adjust common 1876 to adjust a common boundary between Fort Worth Improvement District boundary between No. 2 and Fort Worth Improvement District No. 4. It was the consensus of FWID.'No. 2 and the City Council that the recommendation be adopted. FWID No. 4 M&C G-9953 re There was presented Mayor and Council Communication No. G-9953 from accept donation of the City Manager recommending that the City Council accept the donation three bicycles and of three bicycles and accessories for use by the Police Department. On accessories motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was adopted. M&C G-9954 be cont. Council Member Meadows made a motion, seconded by Council Member until the end of Woods, that consideration of Mayor and Council Communication No. G-9954, executive session Partial Settlement of law suit styled James and Jerrie Goforth, et al vs. Minutes of City Council U-3 Page 437 Tuesday, December 8, 1992 M&C G-9954 cont. City of Fort Worth, Texas, Cause No. 96-131799-90, be continued until the 11 end of the executive session. The motion carried unanimously. M&C G-9955 re There was presented Mayor and Council Communication No. G-9955 from appointment of Mr. the City Manager recommending that the City Council confirm the Reuben Vallejo to the appointment of Mr. Reuben Vallejo as a member of the Firefighters and Civil Service Commi- Police Officers Civil Service Commission to complete the unexpired three- ssion year term of Mr. A. M. Rivera. On motion of Council Member Meadows, seconded by Council Member Chappell, the recommendation was adopted. M&C G-9956 re There was presented Mayor and Council Communication No. G-9956 from amendment to the First the City Manager recommending that the City Council approve an amendment Amended Bylaws of the to the First Amended Bylaws of the Fort Worth Convention and Visitor's Fort Worth Convention Bureau. On motion of Council Member Cha and Vistor's Bureau ppell, seconded by Council Member Woods, the recommendation was adopted. M&C G-9957 re There was presented Mayor and Council Communication No. G-9957 from adopt legislative the City Manager recommending that the City Council adopt legislative policy proposal (No. policy proposal (No. S10) and Resolution No. 1877 as S10) and Resolution part of the City of No. 1877 Fort Worth's 1993 Legislative Program; authorize and direct the City Manager to distribute copies of the adopted legislative policy proposal and resolution to members of the Tarrant County Legislative Delegation and other legislative leaders; and authorize and direct appropriate City officials to discuss with members and appear and provide testimony at House and Senate Committee hearings of the Legislature in support of the City's adopted policy proposal position. On motion of Council Member Matson, seconded by Council Member McCray, the recommendations were adopted. M&C G-9958 re There was presented Mayor and Council Communication No. G-9958 from improvements to E. the City Manager recommending that the City Council declare the necessity Morphy Street from for and order the improvements to E. Morphy Street from Kuroki Avenue to Kuroki Avenue to Yuma Avenue; authorize the assessment of a portion of the cost of the Yuma Avenue improvements to E. Morphy Street against owners of the abutting property; approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; establish January 5, 1993, as the date of the benefit hearing; and authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. On motion of Mayor Pro tempore Webber, seconded by Council Member Meadows, the recommendations were adopted. M&C G-9959 re accept a grant from There was presented Mayor and Council Communication No. G-9959 from the Texas Water the City Manager recommending that the City Council authorize the City Commission; adopt Manager to accept a grant from the Texas Water Commission for Solid Waste Ordinance No. Enforcement for the program year, December 1, 1992, through November 30, 11219 1993, in an amount not to exceed $77,200.00; adopt Supplemental Appropriations Ordinance No. 11219 appropriating $52,809.00 to the Solid Waste Fund and decreasing the unreserved, undesignated retained earnings of the Solid Waste Fund by the same amount for the purpose of providing matching funds for a Grant from the Texas Water Commission; approve the transfer of $52,809.00 from the Solid Waste Fund to the Grants Fund; apply indirect costs in accordance with Administrative Regulation 3-15 (apply the 1992 rate of 25.93 percent which represents the most recently approved rate for the Municipal Courts Department); and authorize the City Manager to set up a grant project in the Grants Fund contingent upon contract execution with the Texas Water Commission. On motion of Council Member Chappell, seconded by Mayor Pro tempore Webber, the recommendations were adopted. Assistant City Manager Assistant City Manager Mike Groomer appeared before the City Council Mike Groomer re and advised Council that consideration of Mayor and Council Communication M&C G-9962 and G-9963 Nos. G-9962 and G-9963 should be heard after the public hearings. M&C G-9964 re There was presented Mayor and Council Communication No. G-9964 from accept grant asward the City Manager recommending that the City Council authorize the City from the Department oi Manager to accept an extension and increased grant award from the Justice Department of Justice in the amount of $487,000.00 and waive the indirect costs associated with this grant extension in the amount of $85,869.00. On motion of Council Member Silcox, seconded by Council Member McCray, the recommendation was adopted. Minutes of City Council U-3 Page 438 IM Tuesday, December 8, 1992 &C G-9965 re There was presented Mayor and Council Communication No. G-9965 from dopt legislative the City Manager recommending that the City Council adopt legislative olicy proposal (no. oli c 9) p y proposal (No. P9), as part of the City of Fort Worth's 1993 Legislative Program; authorize and direct the City Manager to distribute copies of the adopted legislative policy proposal to members of the Tarrant County Legislative Delegation and other legislative leaders; and authorize and direct appropriate City officials to discuss with members and appear and provide testimony at House and Senate Committee hearings of the Legislature in support of the City's adopted policy proposal position. On motion of Council Member Silcox, seconded by Council Member Chappell, the recommendations were adopted. &C P-6115 re There was presented Mayor and Council Communication No. P-6115 from urchase agreements the City Manager recommending that the City Council authorize purchase ith Dufco and agreements for various size curb stops for the Water Department with ssociates and Texas Dufco and Associates and Texas Water Products, with term of agreement to ater Products begin November 23, 1992, and end November 22, 1993, with two options to specifications for an amount not to exceed $2,534.00 net, f.o.b. Fort renew for one year each. It was the consensus of the City Council that that the recommendation be adopted. the recommendation be adopted. It was the consensus of the City Council that Mayor and Council &C P-6116 re There was presented Mayor and Council Communication No. P-6116 from urchase agreement the City Manager recommending. that the City Council exercise the option ith K & M Service for renewal of the purchase agreement to provide heating, ventilation, and air conditioning service for the City of Fort Worth with K&M Service on low overall bid of unit prices, with term of agreement to begin February 23, 1993, and end February 22, 1994, with the option to renew for one additional year. It was the consensus of the City Council that the recommendation be adopted. M&C P-6117 re There was presented Mayor and Council Communication No. P-6117 from purchase from Dealer's the City Manager recommending that the City Council authorize the Electrical Supply purchase of 8 -gauge stranded black and white copper wire for the that the City Council authorize the City Transportation and Public Works Department from Dealer's Electrical Manager to spend Supply on low bid meeting City specifications for an amount not to exceed $5,000.00 with various vendors for library $8,334.00 net, f.o.b. Fort Worth, freight at no charge; and authorize the materials. It purchase of 14 -gauge 12 -conductor cable, 14 -conductor cable, and 16 - conductor cable for the Transportation and Public Works Department from adopted. Southwestern Electric Wire and Cable on low bid meeting City specifications for an amount not to exceed $2,534.00 net, f.o.b. Fort Worth, freight at no charge. It was the consensus of the City Council that the recommendation be adopted. M&C P-6118 re cont. for one week It was the consensus of the City Council that Mayor and Council Communication No. P-6118 be continued for one week. C p-6119 re There was presented Mayor and Council Communication No. P-6119 from rchase agreement th Sand Trap Service the City Manager recommending that the City Council exercise the renewal mpany, Incorporated option on the purchase agreement with Sand Trap Service Company, Incorporated to provide sand trap services on unit prices, with term of agreement to begin January 21, 1993, and end January 20, 1994. It was the consensus of the City Council that the recommendation be adopted. C P-6120 re rchase agreement wit There was presented Mayor and Council Communication No. P-6120 from atex Services, Inc. the City Manager recommending that the City Council exercise the option to renew a purchase agreement to provide work uniforms to the City of Fort Worth with Aratex Services, Inc., on low bid of unit prices, with term of agreement to begin January 23, 1993, and end January 22, 1994. It was the consensus of the City Council that the recommendation be adopted. &C P-6121 re There was presented Mayor and Council Communication No. P-6121 from urchase from Pajent, the City Manager recommending that the City Council authorize the nc. purchase of baffle plates for traffic signals for the Transportation and Public Works Department from Pajent, Inc., on low bid of $16,000.00 net, f.o.b. destination freight at no charge. It was the consensus of the City Council that the recommendation be adopted.. C P-6122 There was presented Mayor and Council Communication No. P-6122 from re rchase with various the City Manager recommending that the City Council authorize the City ndors for library Manager to spend in excess of $5,000.00 with various vendors for library terials materials. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council U-3 Page 439 N Tuesday, December 8, 1992 M&C P-6123 re There was presented Mayor and Council Communication No. P-6123 from purchase from the City Manager recommending that the City Council approve the purchase Motorola, Inc. of 1199 spare batteries at a cost of $59,950.00 and 1050 lapel microphones at a cost of $86,573.00 for the new police portable radios from sole source Motorola, Inc., for a total cost not to exceed $146,523.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-6124 re There was presented Mayor and Council Communication No. P-6124 from purchase with Motter the City Manager recommending that the City Council exercise the option Book Binding Company to renew a purchase agreement for book binding services for the Library Department with Motter Book Binding Company on low bid of unit prices, not to exceed $40,000.00, with term of agreement to begin December 17, 1992, and end December 16, 1993, with one option to renew remaining. It was the consensus of the City Council that the recommendation be adopted. M&C L-11105 re There was presented Mayor and Council Communication No. L-11105 from acquisition of an the City Manager recommending that the City Council approve the aerial easement acquisition of an aerial easement over the west five feet of east 1/2 of Lot 8, Block 3, Sun Valley Addition (5516 Vesta Farley Road); find that $1.00 is just compensation for property acquired from Nolen Yancey, required for mid -block street lighting; and authorize the acceptance and recording of the easement. It was the consensus of the City Council that the recommendation be adopted. M&C L-11106 re There was presented Mayor and Council Communication No. L-11106 from acquisition of a the City Manager recommending that the City Council drainage easement approve the acquisition of a drainage easement described as being a portion of Tract 1, J. Collett Survey, Abstract No. 260 (1500 block of East Seminary Drive); find that $1.00 is just compensation for property acquired from the State of Texas Department of Mental Health and Mental Retardation, required for Seminary Drive Project; and authorize the acceptance and recording of the easement. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-11107 from M&C L-11107 re nine month extension the City Manager recommending that the City Council authorize a nine on the lease of Lot 11, month extension until October 30, 1993, on the lease of Lot 11R, Block Block 28, Lake Worth 28, Lake Worth Leases, to William F. Bonner. It was the consensus of the Lease I City Council that the recommendation be adopted. M&C L-11108 re There was presented Mayor and Council Communication No. L-11108 from acquisition of an the City Manager recommending that the Cit Council aerial easement g Y approve the acquisition of an aerial easement over the east five feet of Lot 7, Block 2, High Crest Addition (2563 Bruce Street); find that $1.00 is just compensation for property acquired from Willie and Inetta Wiggin, required for mid -block street lighting; and authorize the acceptance and recording of the appropriate easement. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-11109 from M&C L-11109 re the City Manager recommending that the City Council approve the acquisition of an aerial easement acquisition of an aerial easement over the west five feet of Lot 19, Block 2, Sun Valley Addition (5425 Vesta Farley Road); find that $1.00 is just compensation for property acquired from Wanda Jean Barber, required for the installation of a streetlight; 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 PZ -1673 re There was presented Mayor and Council Communication No. PZ -1673 from adopt Ordinance No. the City Manager recommending that the City Council adopt Ordinance No. 11220 11220 vacating, abandoning and closing and extinguishing a street right- of-way and public open space easement located within the Eastwood Addition, Fifth Filing, to the City of Fort Worth, (all of the Street known as Candace Court, adjacent to Lot 14 and Lots 15R -20R and a triangular P.O.S.E. on Lot 20R, Block 17, Eastwood Addition, Fifth Filing). It was the consensus of the City Council that the recommendation be adopted. M&C PZ -1674 re There was presented Mayor and Council Communication No. PZ -1674 from adopt Ordinance No. the City Manager recommending that the City Council adopt Ordinance No. 11221 11221 vacating, abandoning and closing and extinguishing open space easements located in Lots 9 through 13, 29, 30, 31R, 41R, 42R, 45 and 47 Minutes of City Council U-3 Page 440 Tuesday, December 8, 1992 Minutes of City Council U-3 Page 441 &C No. PZ -1674 cont. through 53, Hampton Place Addition to the City of Fort Worth, Texas. It and adopted was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. PZ -1675 from &C PZ -1675 re the City Manager recommending that the City Council adopt Ordinance No. adopt Ordinance No. 1222 11222 vacatin g, abandoning and closing and extinguishing a drainage easement located in Block A, T.R.A. Bedford -Euless Water Plant Site to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. &C PZ -1676 There was presented Mayor and Council Communication No. PZ -1676 from re dopte Ordinance No. the City Manager recommending that the City Council adopt Ordinance No. 1223 11223 vacating, abandoning and closing and extinguishing a utility easement located between Lots 5 and 6, Block 28, Lake Worth Leases of the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. &C C-13633 re uthorize a fund There was presented Mayor and Council Communication No. C-13633 from ransfer; amendment the City Manager recommending that the City Council authorize a fund o Teague, Nall and transfer in the amount of $6,920.00 from Water and Sewer Operating Fund, erkins, Inc. contract Sewer Projects to Sewer Capital Improvements Fund, Sewer Replacement, Chestnut Avenue; and authorize the City Manager to execute a contract amendment to City Secretary Contract No. 19094 with Teague, Nall and Perkins, Inc., for additional design services for water and sewer improvements on Chestnut Avenue from 20th Street to 25th Street, for an additional fee not to exceed $6,920.00. It was the consensus of the City Council that the recommendation be adopted. &C C-13634 re There was presented Mayor and Council Communication No. C-13634 from mend M&C No. C-13576 the City Manager recommending that the City Council amend Mayor and with W.F. Carter, Council Communication No. C-13576 to allow 250 calendar days rather than nc. previously -approved 180 calendar days to W.F. Carter, Inc., for remodeling of Fire Station No. 2. r. Gary Santerre re Mr. Gary Santerre, Director of Transportation and Public Works &C C-13634 Department, appeared before the City Council and advised Council that the 180 calendar days as stated in the previously approved Mayor and Council Communication was incorrect and that the time allowed for the completion should read 250 calendar days. Council Member Silcox made a motion, seconded by Council Member Puente, that the recommendation, as contained in Mayor and Council Communication No. C-13634 be approved. The motion carried unanimously. &C C-13635 re There was presented Mayor and Council Communication No. C-13635 from approve bond fund the City Manager recommending that the City Council approve a $4,740.26 ransfer;authorize bond fund transfer from Inner City Streets Project to Summit Avenue from hange Order No. 1 Lancaster to 92' south of Rio Grande and Rio Grande Avenue from Summit ith Walt Williams Avenue to 40' east of Block 4, Lot 7 West Property Line Project in the onstruction, Inc.- Street Improvements Bond Fund; and authorize Change Order No. 1 to City Secretary Contract No. 19009 with Walt Williams Construction, Incorporated in the amount of $22,165.00 for assessment paving of Summit Avenue from Lancaster to 92' south of Rio Grande and Rio Grande Avenue from Summit Avenue to 40' east of Block 4, Lot 7 West Property Line, revising the total contract cost to $370,659.85. It was the consensus of the City Council that the recommendation be adopted. &C C-13636 re There was presented Mayor and Council Communication No. C-13636 from uthorize fund transfer the City Manager recommending that the City Council: rom Water and Sewer, uthorize fund transfer 1. Authorize a $69,387.00 fund transfer from the Water and Sewer rom Streets Assessment Operating Fund to the Water Capital Improvement Fund, and uthorize fund transfer rom Special Assessmen pprove bond fund 2. Authorize a $61,146.15 fund transfer from the Streets ransfer, contract with Assessments Project to the Blackmore Avenue Project in the cClendon Construction Grants Fund, and ompany, Inc. contract ith Lowell B. Allison Contractor 3. Authorize a $9,894.00 fund transfer for the property owner's share from the Special Assessments Fund to the Street Improvements Fund, and Minutes of City Council U-3 Page 441 Tuesday, December 8, 1992 M&C C-13536 cont. and 4. Approve a $142,971.38 bond fund transfer from the Inner City adopted Streets Unspecified Project to the Blackmore Avenue, Prevost Street to Neville Street Project in the Street Improvements Fund,l and 5. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $214,410.50 with 45 working days for street paving improvements to Blackmore Avenue from Prevost Street to Neville Street (Unit II), and Crestline Road Subdrain Improvements (Unit IV), and 6. Authorize the City Manager to execute a contract with Lowell B. Allison Contractor in the amount of $58,988.30 for water replacement in Blackmore Avenue (Unit I), and 7. Reject all bids received for Sidewalk Improvements in Veteran's Memorial Park (Unit III). City Manager Terrell City Manager Terrell advised City Council that Mayor and Council re M&C C-13636 was Communication No. C-13636 was withdrawn from the consent agenda in order withdrawn for the City Council to review the bid tabulation sheet that was handed out prior to the City Council meeting. Council Member Meadows made a motion, seconded by Council Member Silcox, that the recommendations, as contained in Mayor and Council Communication No. C-13636, be adopted. The motion carried unanimously. M&C C-13637 re There was presented Mayor and Council Communication No. C-13637 from contract with Peter the City Manager recommending that the City Council approve the contract Brown with Peter Brown for management of operations at the McLeland Tennis Center, and authorize the City Manager to execute the contract for management of the McLeland Tennis Center, with the term of the contract to be for three months, renewable for two, and one year options by mutual written agreement of both parties. It was the consensus of the City Council that the recommendation be adopted. M&C C-13638 was It was the consensus of the City Council that consideration of Mayor withdrawn and Council Communication No. C-13638 be withdrawn from the agenda. M&C C-13639 re There was presented Mayor and Council Communication No. C-13639 from execute an agreement the City Manager recommending that the City Council authorize the City with the Federal Manager to execute an agreement with the Federal Aviation Administration Aviation Administra- necessary for a ground site and building lease at Fort Worth Alliance tion Airport, for the p permanent air traffic control tower under terms outlined. On motion of Council Member Matson, seconded by Council Member Woods, the recommendation was adopted. M&C C-13640 re agreement with Texas There was presented Mayor and Council Communication No. C-13640 from Utilities Electric the City Manager recommending that the City Council authorize the City Company Manager to execute an agreement with Texas Utilities Electric Company for the location and use of an underground vault to serve the Central Library Expansion and Cable TV Studio. On motion of Council Member Chappell, seconded by Council Member Silcox, the recommendation was adopted. M&C FP -3016 re contract with J.D. There was presented Mayor and Council Communication No. FP -3016 from Vickers, Inc. the City Manager recommending that the City Council accept as complete the contract with J.D. Vickers, Inc., for Water and Sewer Replacements, Baurline Avenue, Lomo Street and South Retta Street, and authorize final payment in the amount of $11,008.73 to J.D. Vickers, Inc., bringing the final project cost, including $1,482.50 in Change Orders to $110,087.30 under City Secretary Contract No. 19249. It was the consensus of the City Council that the recommendation be adopted. M&C FP -3017 re There was presented Mayor and Council Communication No. FP -3017 from final payment to the City Manager recommending that the City Council accept as complete Centerline Construc- the assessment paving of Ayers Avenue South from Crenshaw to Avenue M; tors, Inc. approve the final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners of Ayers Avenue from Crenshaw to Avenue M; and authorize final payment of $7,488.07 to Centerline Constructors, Inc. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council U-3 Page 442 443 Tuesday, December 8, 1992 M&C FP -3018 re final payment to There was presented Mayor and Council Communication No. FP -3018 from Centerline Construc- the City Manager recommending that the City Council accept as complete tors, Inc. the assessment paving of Wesleyan Drive p g Y from Rosedale to Avenue J; contract with Larry H. approve the final assessment roll; authorize the issuance of certificates Sewer as evidence of the special assessments levied against the abutting amount property owners of Wesleyan Drive from Rosedale to Avenue J; and final authorize the final payment of $2,833.82 to Centerline Constructors, Inc. under It was the consensus of the City Council that the recommendation be City adopted. be adopted. M&C FP -3019 re There was presented Mayor and Council Communication No. FP -3019 from final payment to the City Manager recommending that the City Council accept as complete McClendon Construc- tion, Inc. the assessment paving of Chenault Avenue from Baurline Avenue to Riverside Drive; approve the final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners of Chenault Avenue from Baurline Avenue to Riverside Drive; and authorize final payment of $2,567.03 to McClendon Construction, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C FP -3020 re There was presented Mayor and Council Communication No. FP -3020 from final payment to the City Manager recommending that the City Council accept as complete Architectural Utilities, Inc. the improvements in the Central Business District entrances at Weatherford/Belknap Streets, and authorize final payment of $16,857.28 to Architectural Utilities, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C FP -3021 re There was presented Mayor and Council Communication No. FP -3021 from final payment to the City Manager recommending that the City Council accept as complete Franklin's Corporation the emergency repairs to the Will Rogers Coliseum roof and authorize final payment of $20,342.12 to Franklin's Corporation. It was the consensus of the City Council that the recommendation be adopted. M&C FP -3022 re It There was presented Mayor and Council Communication No. FP -3022 from contract with Larry H. Jackson Construc- the City Manager recommending that the City Council accept as complete tion, Inc. the contract with Larry H. Jackson Construction, Inc., for Water and 11 and notice Sewer Replacements, Spurgeon Street, and authorize final payment in the published in the newspaper and delivered to amount of $20,890.18 to Larry H. Jackson Construction, Inc., bringing the of the governing body of each final project cost, including $7,006.00 in Change Orders, to $190,434.22 seven days under City Secretary Contract No. 19115. It was the consensus of the asked if City Council that the recommendation be adopted. M&C FP -3023 re There was presented Mayor and Council Communication No. FP -3023 from contract with Larry H. the City Manager recommending that the City Council accept as complete Jackson Construction, the contract with Larry H. Jackson Construction, Inc., for Miscellaneous Inc. Sewer Main Extensions at various locations, and acknowledge the final project cost, including $7,963.82 in Change Orders, to $304,491.80 under City Secretary Contract No. 18318. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared to the City Council that the City Council set today as Fort Wroth Tax the date for a public hearing concerning the designation of the Fort Abatement Reinvestment Worth Tax Abatement Reinvestment Zone No. 11 and notice of the public Zone No. 11 hearing was published in the newspaper and delivered to the presiding officers of the governing body of each affected taxing unit at least seven days prior to this meeting as required by state law. Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Ann Diveley re Mrs. Ann Diveley, Assistant Economic Development Director, appeared Public Hearing on before the City Council and advised Council that the purpose of the Tax Abatement public hearing was to receive comments from citizens regarding the designation of the Fort Worth Tax Abatement Reinvestment Zone No. 11 and stated that staff has recommended that the City Council give favorable consideration for approval of this designation. There being no one else present desiring to be heard in connection with the public hearing concerning designation of the Fort Worth Tax Abatement Reinvestment Zone No. 11, Council Member Chappell made a motion, seconded by Council Member Woods, that the hearing be.closed and adopted Ordinance No. 11224 that Ordinance No. 11224 be adopted designating the Fort Worth Tax Abatement Reinvestment Zone No. 11 pursuant to Texas Property Redevelopment and Tax Abatement Act, Tax Code, Sections 312.001 through 312.209, as amended. The motion carried unanimously. Minutes of City Council U-3 Page 443 444 Tuesday, December 8, 1992 Public Hearing It appeared to the City Council that the City Council set today as Fort Worth Tax the date for a public hearing concerning designation of the Fort Worth Abatement Reinvestment Tax Abatement Reinvestment Zone No. 12 and notice of the hearing was Zone No. 12 Published in the newspaper and delivered to the presiding officer of the governing body of each affected taxing unit at least seven days prior to this meeting as required by state law. Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Ann Diveley re Mrs. Ann Diveley, Assistant Economic Development Director, appeared Public Hearing before the City Council and advised Council that the purpose of the Tax Abatement public hearing was to receive comments from citizens regarding the designation of the Fort Worth Tax Abatement Reinvestment Zone No. 12 and stated that staff has recommended that the City Council give favorable consideration for approval of this designation. There being no one else present desiring to be heard in connection with the designation of the Fort Worth Tax Abatement Reinvestment Zone No. 12, Council Member McCray made a motion, seconded by Council Member adopted Ordinance No. Chappell, that the hearing be closed and that Ordinance No. 11225 be 11225 adopted amending The Code of the City of Fort Worth, Texas (1986), as amended, by designating Block D -1-R, Daggett's Addition, as the Fort Worth Tax Abatement Reinvestment Zone No. 12; providing that this ordinance shall be cumulative; providing a severability clause; providing for engrossment and enrollment; and providing for an effective date. The motion carried unanimously. M&C G-9962 re There was presented Mayor and Council Communication No. G-9962 from proposed project at the City Manager recommending that the City Council take the following Ramada Hotel Downtown actions regarding a proposed project at the Ramada Hotel Downtown, (1701 Commerce Street): 1. Find that the improvements sought are feasible and practical, and would be a benefit to the land and to the City after the expiration of the tax abatement agreement, and 2. Find that written notice of the City's intent to enter the attached Tax Abatement Agreement and copies of the Agreement were mailed by certified mail to all affected taxing units in accordance with state law, and 3. Find that the terms and conditions of the Agreement and the property subject to the agreement meet the City's Policy Statement for Tax Abatement to Qualified Commercial/Industrial Projects as established in Mayor and Council Communication No. G-9945, and 4. Authorize the City Manager to enter into the Tax Abatement Agreement with the Garden Center Hotel Corporation, in accordance with the Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects (Guides and Criteria) which was adopted by the City Council on December 3, 1992 (M&C G-9945). City Manager Terrell City Manager Terrell advised City Council of an amendment to be made re M&C G-9963 correction to the last line of Recommendation No. 4 on Mayor and Council Communication No. G-9963, changing the date from December 3, 1992, to December 8, 1992, and also correcting the date on Page 1 of the Tax Abatement Agreement, third paragraph, line 1 to read "8th day of December" instead of "3rd day of December." On motion of Council Member Chappell, seconded by Council Member McCray, the recommendations were adopted, as amended. M&C G-9963 re There was presented Mayor and Council Communication No. G-9963 from proposed project at the City Manager recommending that the City Council take the following the Dannon Company actions regarding a proposed project at the Dannon Company Facility at Facility P Y Y 401 South Lake Street: 1. Find that the improvements sought are feasible and practical, and would be a benefit to the land and to the City after the expiration of the tax abatement agreement, and Minutes of City Council U-3 Page 444 M&C G-9963 cont. 445 Tuesday, December 8, 1992 2. Find that written notice of the City's intent to enter the attached Tax Abatement agreement and copies of the Agreement were mailed by certified mail to all affected taxing units in accordance with state law, and 3. Find that the terms and conditions of the Agreement and the property subject to the agreement meet the City's Policy Statement for Tax Abatement to Qualified Commercial/Industrial Projects as established in M&C G-9945, and 4. Authorize the City Manager to enter into the Tax Abatement Agreement with The Dannon Company, Inc., in accordance with the Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects (Guidelines and Criteria) which was adopted by the City Council on December 3, 1992 (M&C G- 9945). City Manager Terrell City Manager Terrell advised City Council of an amendment to be made re M&C G-9962 to the last line of Recommendation No. 4 on Mayor and Council correction Communication No. G-9962, changing the date from December 3, 1992, to December 8, 1992, and correcting the date on Page 1 of the Tax Abatement Agreement, third paragraph, line 1, to read "8th day of December" instead of "3rd day of December." On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation were adopted, as amended. Met in closed or It was the consensus of the City Council that the City Council meet executive session in closed or executive session to seek the advice of its attorney at 11:05 a.m., concerning pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, as follows: (a) James and Jerrie Goforth et al v. City of Fort Worth - Cause No. 96-131799-90 (b) E.E.O.C. complaint filed by Vera B. Jones (c) Contemplated litigation involving -Employee's Retirement Fund of the City of Fort Worth (d) Legal issues concerning Anderson Laboratories as authorized by Section 2(e), Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened into regular session at 12:14 p.m. regular session M&C G-9954 re There was presented Mayor and Council Communication No. G-9954 from approve the partial the City Manager recommending that the City Council approve the partial settlement of the settlement of the lawsuit styled James and Jerrie Goforth, et al vs. City lawsuit styled James of Fort Worth, Texas, Cause No. 96-131799-90; authorize the expenditure and Jerri Goforth of $80,000.00 and taxable court costs (including any necessary attorney ad litem or guardian ad litem fees) in order to complete the partial settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the partial settlement. On motion- of Council Member Chappell, seconded by Council Member Woods, the recommendations were adopted. Ajourned There being no further business, the meeting was adjourned at 12:15 p.m. CITY SECRETARY MAYOR Minutes of City Council U-3 Page 445