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HomeMy WebLinkAbout1989/08/08-Minutes-City Council.ouncil Met CITY COUNCIL MEETING AUGUST 8, 1989 On the 8th day of August, A.D., 1989, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Minutes of City Council M-3 Page 368 TUESDAY, AUGUST 8, 1989 Members present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, and Virginia Nell Webber; City Manager Douglas Harman; City Attorney Wade Adkins; Assistant to City Secretary Sylvia Glover; Council Member David Chappell absent; Council Member Steve Murrin, Jr., temporarily absent; with more than a quorum present, at which time the following business was transacted: Invocation 11 The invocation was given by Pastor William Young, Alta Mesa Church of Christ. Pledge of Allegiance Minutes of August 1, 1989 were approved National Night Out proclamation Withdrew M&C Nos. G-8016, C-11781 an correction onf M&C P-3620 M&C C-11796 cont. for one week Consent agenda approved Liability Bonds approved The Pledge of Allegiance was recited. On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the minutes of the meeting of August 1, 1989, were approved. A proclamation for National Night Out was presented to McGruff the Crime Dog, Louis the Lightening Bug, Officer Jo Sager and Deputy Police Chief Mike Culpepper. City Manager Harman requested that Mayor and Council Communication No. G-8016 be withdrawn from the agenda; that Mayor and Council Communication No. C-11781 be withdrawn from the consent agenda; and advised City Council of a correction on Mayor and Council Communication No. P-3620. City Attorney Adkins requested that Mayor and Council Communication No. C-11796 be continued for one week. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the consent agenda was approved. approved: It was the consensus of the City Council that the following bonds be CONTRACTORS BONDS Gary Wolfe Construction Company, Inc. Steed, Inc. CEMENT BONDS Sam Shugart dba REB Concrete Jimmy A. Pressly dba Pressly Construction Company R.J. Investments, Inc. INSURANCE COMPANY Lawyers Surety Corporation Federal Insurance Company Western Surety Company Lawyers Surety Corporation Western Surety Company Claims It was the consensus of the City Council that correspondence and/or notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: One Century Plaza (Kenneth L. Huffma , Mgr.) Juan Perales Carolyn Lee Moody James Garland Clar 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received: One Century Plaza (Kenneth L. Huffman, Mgr.) August 2, 1989 July 10, 1989 108 W. Eighth Street $220.37 Claimant alleges damages to its property as the result of surface drainage water from storm drain on Houston Street flooding basement. Juan Perales August 2, 1989 April 17, 1989 Perez, Salinas Perez) & Canas (Albert Intersection of W. Long and Azle Avenue Undeclared Claimant alleges damages and injuries as the result of malfunctioning traffic lights. Carolyn Lee Moody August 2, 1989 June 15, 1989 Corner of Rosedale and Holmes $426.52 - $8,000.00 Claimant alleges result of a fall. James Garland Clark July 27, 1989 Minutes of City Council M-3 Page 369 injuries as the NO TUESDAY, AUGUST 8, 1989 James Garland Clark Date of Incident: July 24, 1989 Company claim cont. Location of Incident: Rockwood Park Drive (field for golf May 1, 1989 practice) 2209 McEwen Estimate of Damages/ Injuries: Injuries: $490.70 - $606.53 Nature of Incident: Claimant alleges damages to its Nature of Incident: Claimant alleges damages to his Lone Star Gas Company 9. Claimant: automobile as the result of an Date Received: July 27, 1989 accident involving a tractor. Carroll E. Husted 5. Claimant: Carroll E. Husted 2500 Willing Date Received: July 27, 1989 Injuries: Date of Incident: June 29, 1989 Nature of Incident: Claimant alleges damages to its Attorney: David A. Coggin service. Location of Incident: County Road 1015, Intersection of J. Rendon Road Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries and damages as the result of an accident caused by obstruction of view by high weeds. Cleo E. Coleman 6. Claimant: Cleo E. Coleman Date Received: July 27, 1989 Date of Incident: Undeclared Location of Incident: 3236 Hanger Estimate of Damages/ Injuries: $194.00 - $255.00 Nature of Incident: Claimant alleges damages to his fence. Lone Star Gas 7. Claimant: Lone Star Gas Company Company Date Received: July 27, 1989 Date of Incident: June 26, 1989 Location of Incident: 2845 Avenue B Estimate of Damages/ Injuries: $91.25 Nature of Incident: Claimant alleges damages to its main. Lone Star Gas 8. Claimant: Lone Star Gas Company Company Date Received: July 27, 1989 Date of Incident: May 1, 1989 Location of Incident: 2209 McEwen Estimate of Damages/ Injuries: $130.34 Nature of Incident: Claimant alleges damages to its service. Lone Star Gas Company 9. Claimant: Lone Star Gas Company Date Received: July 27, 1989 Date of Incident: June 8, 1989 Location of Incident: 2500 Willing Estimate of Damages/ Injuries: $67.47 Nature of Incident: Claimant alleges damages to its service. Stanley W. Burchel 10. Claimant: Stanley W. Burchell Date Received: July 28, 1989 Date of Incident: July 10, 1989 Location of Incident: 1017 Macon St. Estimate of Damages/ Injuries: $634.50 - $686.13 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident. Ms. T.E. Evelyn 11. Claimant: Ms. T.E. Evelyn Smith Smith Date Received: July 28, 1989 Date of Incident: July 3, 1989 Location of Incident: Greenbri ar Recreation in parking lot Estimate of Damages/ Injuries: $146.10 - $193.63 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (dump truck). Tony Mechura 12. Claimant: Tony Mechura Date Received: July 28, 1989 Date of Incident: Undeclared Location of Incident: 10700 Beady Minutes of City Council M-3 Page 370 vi TUESDAY, AUGUST 8, 1989 Tony Mechura claim Estimate of Damages/ cont. Injuries: $51.36 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Mrs. John Tuggle 13. Claimant: Mrs. John Tuggle Date Received: July 28, 1989 Date of Incident: March 31, 1989 Location of Incident: 4709 Marks Place Estimate of Damages/ Injuries: $200.00 - $325.00 Nature of Incident: Claimant alleges damages to curb in front of her house. Maxine Sanders 14. Claimant: Maxine Sanders Date Received: July 28, 1989 Date of Incident: June 28, 1989 Attorney: Tom Hall (Michael S. Pasquan) Location of Incident: On Ramsey near Mississippi Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of street conditions. Gary Lynn Brown 15. Claimant: Gary Lynn Brown Date Received: July 28, 1989 Date of Incident: July 18, 1989 Location of Incident: Cooks Lane north of Meadowbrook Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as the result of a tree limb overhanging the roadway and shattering windshield. General Accident 16. Claimant: General Accident Insurance Insurance (Rose- (Rosemary Valencia) mary Valencia) Date Received: July 31, 1989 Date of Incident: May 22, 1989 Location of Incident: Summit and I-30 Estimate of Damages/ Injuries: $2,353.92 Nature of Incident: Claimant alleges damages to its insured (Steven Midgley) as the result of an accident involving a City -owned vehicle (water truck). Suzanne Eller 17. Claimant: Suzanne Eller Date Received: July 31, 1989 Date of Incident: July 25, 1989 Attorney: Daniel W. Lowe (David T. (Tom) Sleeth) Location of Incident: Fort Worth Waterpark Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of a fall caused from alleged improper lighting on stai rs. Lone Star Gas 18. Claimant: Lone Star Gas Company Company Date Recei ved: July 31, 1989 Date of Incident: June 22, 1989 Location of Incident: 905 and 909 E. Shaw Estimate of Damages/ Injuries: $218.62 Nature of Incident: Claimant alleges damages to its line. Lone Star Gas 19. Claimant: Lone Star Gas Company Company Date Received: July 31, 1989 Date of Incident: July 11, 1989 Location of Incident: 2109 Alston Estimate of Damages/ Injuries: $134.74 Nature of Incident: Claimant alleges damages to its service. Shirley Louis King 20. Claimant: Shirley Louis King Date Received: July 31, 1989 Date of Incident: July 10, 1989 Location of Incident: 500 Block of Henderson (199) Minutes of City Council M-3 Page 371 c� Q Shirley Louis King claim cont. TUESDAY, AUGUST 8, 1989 Estimate of Damages/ Injuries: Nature of Incident: $118.68 - $119.38 Claimant alleges automobile as the flinging coil of off car antenna. damages to her result of mower copper breaking Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that consideration of the adoption of an ordinance on first reading annexing 1,388.315 acres of Alliance International Centre be continued until the end of the Council agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that Mayor and Council Communication No. G-8016, Berry Street Crossing of Burlington Northern Railroad - Future Crossing Rights, be withdrawn from the agenda. There was presented Mayor and Council Communication No. G-8148 from the City &C d t rehe re- Manager stating that Caravan Productions is sponsoring "Dream Space", a special event pproveve during the Columbus Day weekend; that Caravan Productions is requesting City Council rest off tCaravan approval for temporary closure of Main Street from 2nd to 5th Street, 3rd Street from roductions_o Commerce to Houston Street, and 4th Street from Commerce to Houston Street from 6:00 a.m. Saturday, October 7th, until 6:00 a.m. Monday, October 9, 1989; that Caravan Productions will provide the required liability insurance and the barricades for this event; and recommending that City Council approve the request of Caravan Productions to temporarily close Main Street from 2nd to 5th Street, 3rd Street from Commerce to Houston Street, and 4th Street from Commerce to Houston Street at 6:00 a.m. Saturday, October 7th, to 6:00 a.m. Monday, October 9, 1989. It was the consensus of the City Council that the recommendation be adopted. I&C G-8149 re -equest of Sun- There was presented Mayor and Council Communication No. G-8149 from the City lance Square for Manager stating that Sundance Square is co -sponsoring two events to be held in Central temporary street Business District which will require temporary street closures; that the first event is :losure a membershipdrive for Sister Cities on Thursday, August 24 1989 for the y� 9 purpose of encouraging more people to become members of Sister Cities; that this event will feature strolling musicians, the selling of beverages outside the local restaurants, and the distributing of flyers and pamphlets concerning information about each Sister City; that the requested street closure is Main Street from 2nd to 3rd Street from 4:00 p.m. until 9:00 p.m. Thursday, August 24, 1989; that the second event co-sponsored by Sundance Square is the Jerry Lewis Labor Day Telethon benefiting the Muscular Dystrophy Association; that the street closure is requested for Main Street from 2nd to 5th Street, 4th Street from Houston to Commerce Street, and 3rd Street from Houston to Commerce Street from 7:00 a.m. Sunday, September 3rd, until '11:00 p.m. Monday, September 4, 1989; and recommending that the request of Sundance Square for a membership drive event for Sister Cities on Thursday, August 24, 1989, and the Jerry Lewis Labor Day Telethon benefiting the Muscular Dystrophy Association on Sunday, September 3rd until 11:00 p.m. Monday, September 4, 1989, be approved. It was the consensus of the City Council that the recommendation be adopted. M&C G-8150 re There was presented Mayor and Council Communication No. G-8150 from the City approved tempor- closure Manager stating that the North Fort Worth Business Association is requesting temporary ary street street closure for Pioneer Days Celebration; and recommending that City Council approve temporary street closures for the 1989 Pioneer Days Celebration, as follows: 5:00 a.m. Friday, September 22 through 10:00 p.m. Sunday, September 24, 1989. E. Exchange Avenue from N. Main Street to Packers Avenue W. Exchange Avenue from N. Main Street to N. Houston Street Ellis Avenue from NW 24th Street to NW 25th Street NW 25 Street from Ellis Avenue to N. Main Street N. Main Street from NW 24th Street to NW 26th Street N. Commerce Street from E. Exchange Avenue to Stockyards Boulevard Noon until 5:30 p.m. Saturday, September 23, 1989 .23rd Street from Samuels Avenue to N. Main Street M&C G-8150 adopte It was the consensus of the City Council that the recommendation be ''adopted. M&C G-8151 re There was presented Mayor and Council Communication No.'G-8151 from the City authorized refund Manager, as follows: of tax overpay- SUBJECT: REFUND OF TAX OVERPAYMENTS ments RECOMMENDATION: It is recommended that the accounts totalling $46,867.47 for refund listed below be approved in accordance with Section 31'.11 of the Texas Property Tax Code. DISCUSSION! The Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment. An Minutes of City Council M-3 Page 372 TUESDAY, AUGUST 8, 1989 &C G-81581 cont. overpayment or erroneous payment is a payment in excess of the of and of tax amount of liability shown on the tax roll and results primarily verpayments from a double payment (normally by a mortgage company and the owner). Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00. The Revenue Collection Division of the Finance Department has verified that the following erroneous payment or overpayments were made and recommends refund. ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0137-13-04 Hulen Mall LT 3C Blk 1 The Rouse Co. $ 1,968.78 1988 Taxes (City Only) Taxes Paid Twice 0216-28-57 Parkwood East LT 10 Blk 3 Carteret Mtg. 1,113.14 1987 Taxes (City/School) Co. Taxes Paid Twice 0258-41-07 Ryan Place LT 6 Blk 4 Don L. Ford 1,633.43 1988 Taxes (City/School) Taxes Paid Twice 0372-93-89 Ahler PH AB 33 TR 34 Lomas Mtg. USA 6,928.91 1988 Taxes (City/School) Taxes Paid Twice 0286-87-33 South Meadow LT 20 Blk 10 Westmark Mtg. 1,461.37 1987 Taxes (City/School) Co. (City/School) Taxes Paid Twice Taxes Paid Twice 0313-97-00 Timbercreek LT 26 Blk 14 Lomas Mtg. USA 670.12 1988 Taxes (School Only) Inc. - (City Only) Taxes Paid Twice Taxes Paid Twice 0510-84-70 South Meadow LT 12 Blk 14 Carteret Mtg. 981.18 1987 Taxes (City/School) LT 15 Blk 3 Co. Taxes Paid Twice 0510-85-94 South Meadow LT 23 Blk 14 Guardian Title 1,118.29 1987 Taxes (City/School) 1988 Taxes Co. Taxes Paid Twice (City/School) 0560-30-80 Willow Creek LT 7 Blk 3 Tari Inc. 529.99 1988 Taxes (City Only) Taxes Paid Twice 0560-66-91 Willow Creek LT 2 Blk 10 Carteret Mtg. 557.86 1987 Taxes (City Only) Co. Taxes Paid Twice 0596-59-26 Howard John AB 816 United Savings 10,974.09 1988 Taxes TR 1804 Assoc. (City/School) Taxes Paid Twice 0596-97-78 River Bend E Off Park SW Laboratories, 7,005.65 1988 Taxes LT 1A Blk 2 Inc. - (City Only) Taxes Paid Twice 0618-45-61 Chapel Creek Ranch First Family 771.00 1988 Taxes LT 15 Blk 3 Mtg. Corp. (City Only Overpayment 0186-00-03 McLeiland Don Ind. Leon A. Korenek 9,700.54 1988 Taxes LT 1A Blk 1 (City/School) Taxes Paid Twice 0030-25-03 Brooker Sub LT 8R Blk 2 Barrett, Cappel 1,453.12 1988 Taxes (City/School) & Murphy Overpayment 46,867.47 Account Totals ($46,867.47) FINANCING: Refunds are to be made from General Fund 01, Index Code 011106, Current Collections Income Revenue. Minutes of City Council M-3 Page 373 371 TUESDAY, AUGUST 8, 1989 M&C G-8151 adoptel It was the consensus of the City Council that the recommendation, as contained in Mayor 1and Council Communication No. G-8151, be adopted. M&C G-8152 re There was presented Mayor and Council Communication No. G-8152 from the City grant application Manager stating that the City Council approved a letter of intent to be submitted by to the national the City to the Locals Program of the National Endowment of the Arts on May 23, 1989, Endowment for the by Mayor and Council Communication No. G-8052 for funds to promote excellence in local Arts performing arts; that, at last Tuesday's Work Session, the Arts Council of Fort Worth and Tarrant County provided the Council with details of a proposed program and requested that the grant application be submitted prior to NEA's August 15 deadline; that a National Endowment for the Arts grant amount in the amount of $300,000.00 would require a match of at least $600,000.00 in local public money over the next three years; that the grant proposal may be withdrawn prior to its consideration by the NEA Board of Directors in November without penalty; and recommending that the Mayor be authorized to sign a grant application to the National Endowment for the Arts in the amount of $300,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C G-8153 re authorized sub- mission of grant application to th Texas Department of Health, Acquir Immune Deficiency Syndrome Division There was presented Mayor and Council Communication No. G-8153 from the City Manager as follows: SUBJECT: CONTINUING GRANT APPLICATION - TEXAS DEPARTMENT OF HEALTH, STD AND AIDS DIVISION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: A. Submit a grant application to the Texas Department of Health, Acquired Immune Deficiency Syndrome Division for continued funding of an AIDS Prevention and Surveillance program for the period January 1, 1990, through December 31, 1990, in the amount of $330,458.00, accept funds, if offered, and execute the contract. B. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account(s) in the City of Fort Worth financial accounting system upon receipt of an executed contract; C. Apply in 1990 indirect cost rates, (21.96% currently) available, for an amount not to exceed $56,907.00 during the grant period; and D. Accept any additional funding offered for this grant for the period January 1, 1990, through December 31, 1990, and execute the appropriate contract(s). DISCUSSION: The goals of the AIDS Prevention and Surveillance program are: to reduce the spread of AIDS and Human Immunodeficiency Virus infection through (1) educational activities and outreach programs and (2) to carry out AIDS surveillance and reporting program. Activities in the project will include the following: 1) Maintaining health education/risk reduction programs for the general public and for persons with high risk behavior. 2) Maintaining anonymous/confidential HIV testing programs for persons at increased risk of HIV infection. 3) Performing confidential partner notification referral services to partners of HIV positive persons when appropriate. 4) Maintaining an active surveillance system and case registry for AIDS cases. This scope of work for these activities will include Tarrant County and the adjacent counties of: Denton, Wise, Palo Pinto, Erath, Parker, Somervell, Johnson, and Hood. FINANCING AND PROJECT COST: There is not City match required for this grant. Funds are to be allocated as follows: Personnel $204,052 Fringe Benefits 55,094 Travel 7,560 Equipment 1,250 Minutes of City Council M-3 Page 374 v Q TUESDAY, AUGUST 8, 1989 M&C G-8153 cont. Supplies 3,465 authorized sub- Contractual 0 mission of grant Other 2,130 application to the Total Direct Costs 273,551 Texas Department Indirect Cost (21.96%) 56,907 of Health, Acquir- ed Immune Defi ci en y Total $330,458 Syndrome Division M&C G-8153 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8153, be adopted. M&C G-8154 re There was presented Mayor and Council Communication No. G-8154 from the City authorized sale Manager recommending that the City Council permit sales of concession items, of concession advertising of corporate sponsors, and sale of admission tickets at a concert to items at a concert benefit Hispanic scholarship funds at Marine Park on Sunday, August 13, 1989, for the to benefit Hispani adopted fees of $1,500.00 plus ten percent of admission fees to the event, and waive scholarship funds collection of the ten percent fee on sale of concession items. It was the consensus of at Marine Park the City Council that the recommendation be adopted. M&C G-8155 re There was presented Mayor and Council Communication No. G-8155 from the City increasing estima- Manager stating that a supplemental appropriation for Communications Fund 68 will ted receipts provide the funding for the award of contract to Raymond C. Trott Consulting Engineers, Inc., as consultant for the Public Safety Communications Systems; that City staff will develop the plans and specifications for the Public Safety Communications System and manage the installation; that several tasks have been defined which require the assistance of a consultant including configuration of the base stations system, building penetration by radio signals, recommendation for most effective central communications facility operation, and other tasks needing special expertise to assure that the final system is the best available; that, in accordance with City policy on the procedure for employment of Technical Consultants, a Notice of Invitation for Letters of Interest was published and 11 letters were received from consultants; that the firm of Raymond C. Trott Consulting Engineers, Inc., of Euless, Texas, was selected as having the best expertise for the task; that negotiations with RCT, Inc., resulted in establishing a rate structure for labor and expenses which will allow the required tasks to be completed at a cost of no more than $60,000.00; that funds are available in the unrestricted, undesignated, retained earnings of the Communication's Fund; and recommending that City Council adopt a supplemental appropriations ordinance increasing estimated receipts in Communications Fund 68 by $60,000.00 and appropriations by a like amount in Communications Fund 68, Communications Account No. 04-60-02 from increased revenues. It was the consensus of the City Council that the recommendation be adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Murrin and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10354 10354 AN ORDINANCE APPROPRIATING $60,000.00 TO THE COMMUNICATIONS FUND, FUND 68, COMMUNICATIONS ACCOUNT NO. 04-60-02, AND DECREASING THE UNRESTRICTED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF ENTERING INTO A CONTRACT WITH RAYMOND C. TROTT CONSULTING ENGINEERS, INC. AS CONSULTANTS FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8156 re There was presented Mayor and Council Communication No. G-8156 from the City authorizing Manager, as follows: construction of the Park Vista and Alliance Blvd interchanges on IH 35W Minutes of City Council M-3 Page 375 376 TUESDAY, AUGUST 8, 1989 &C G-8156 cont. SUBJECT: ACCEPTANCE OF SDHPT MINUTE ORDER NO. 89068 - CONSTRUCTION uthorizing con- OF PARK VISTA AND ALLIANCE BOULEVARD INTERCHANGES ON tructi on of the I -35W ark Vista and i 1 i ance Blvd RECOMMENDATION: ith the State e par tme n t of It is recommended that the City Council accept the State Department i ghways and Public of Highways and Public Transportation's (SDHPT) Minute Order No. ransportation 89068, dated July 19, 1989, authorizing the construction of the in ute Order Park Vista and Alliance Boulevard Interchanges on IH 35W with State o. 89068 and City financing. BACKGROUND On January 10, 1989 (M&C G-7889), the City Council accepted the SDHPT's Minute Order No. 88114. This minute order authorized the addition of four new interchanges on IH 35W to the SDHPT's Highway Development Plan, as follows: the proposed interchanges at Alliance Boulevard and Nat Gibbs Road to the four-year letting schedule, and the proposed interchanges at Park Vista Road and Wall Price Road to the preliminary planning schedule. The four interchanges were to be designed and constructed at City/developer cost. Subsequently, it was announced that American Airlines would construct a major maintenance facility at Alliance Airport. This decision was based, in part, on the City's commitment to have certain infrastructure, including the interchanges at Alliance Boulevard and Park Vista Road (also known as Eagle Parkway), in place at the time the maintenance facility opened in mid-1991. The accelerated schedule for constructing these two interchanges prompted Mayor Bolen to seek State assistance through Governor Clements' office. As a result of Governor Clements' intervention, the State Highway and Public Transportation Commission issued Minute Order No. 89068 which provides for the design and construction of the Alliance Boulevard and Park Vista Road interchanges under the City would meet the following conditions: 1. Provide ten percent of the cost of non -donated right-of-way clear of obstructions. 2. Provide the environmental clearance, schematics, right-of-way maps, field notes, plans, specifications and estimates in accordance with SDHPT procedures and subject to approval by the Federal Highway Administration. The SDHPT will: 1. Provide ninety percent of the cost of non -donated right-of-way clear of obstructions. 2. Provide one hundred percent of the cost of eligible utility adjustments. 3. Provide one hundred percent of the construction costs for the two interchanges and related frontage roads. 4. Provide one hundred percent of the construction costs for drainage improvements required for the IH 35W improvements between Keller -Haslet Road and Elizabeth Creek. Upon acceptance of Minute Order No. 89068 by the City, the SDHPT is authorized to proceed with the project development of the two interchanges at an estimated cost to the State of $18,700,000. FINANCING: No funds are required at this time. The City Council has already authorized funds for the design of the Alliance Boulevard interchange (M&C C-10648 dated November 10, 1987 with Teague, Nall and Perkins, Inc., for $438,100). Additional authorizations will be sought from the City Council to expend funds for the acquisition of right-of-way, for the design of the Park Vista Road (Eagle Parkway) interchange and for other related expenses as the need arises. e M&C G-8156 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. M&C G-8157 re There was presented Mayor and Council Communication No. G-8157 from the City established Manager statin that the Cit Council established criteria and criteria and g g y guidelines for guidelines for commercial /industrial tax abatement to qualified projects by Mayor and Council commerical/indust- Communication No. G-8147 on August 1, 1989; that the City Council now may consider rial tax abatement Minutes of City Council M-3 Page 376 377 TUESDAY, AUGUST 8, 1989 M&C G-8157 cont. designating an area as a reinvestment zone following a public hearing and notice given establishing cri- in accordance with state law; and recommending that City Council set Tuesday, teria and guide- August 22, 1989, at 10:00 a.m. as the date and time for a public hearing before the lines for commer- City Council concerning the advisability of establishing a reinvestment zone for ci al /industrial commercial /industrial tax abatement and the boundaries of the reinvestment zone; and tax abatement direct the City Secretary to give notice of the public hearing in accordance with the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Tax Code. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations were adopted. M&C G-8158 re There was presented Mayor and Council Communication No. G-8158 from the City compensation paid Manager, as follows: to H. Louis Nichol for legal services SUBJECT: ADOPTION OF RESOLUTION RETAINING H. LOUIS NICHOLS AS in Mayfair Joint OUTSIDE COUNSEL IN MAYFAIR JOINT VENTURE A TEXAS Venture, A Texas CORPORATION VS. THE CITY OF FORT WORTH, TEXAS Corporation RECOMMENDATION: It is recommended that the City Council: 1. Retain and authorize H. Louis Nichols as outside legal counsel, pursuant to Section 3, Chapter VI, of the City Charter, in the lawsuit styled and numbered Mayfair Joint Venture, a Texas Corporation vs. The City of Fort Worth, Texas, Cause No. CA -4-89-483-E; and 2. Adopt the attached resolution amending Resolution No. 1426 so that the compensation paid to H. Louis Nichols for legal services prescribed in Resolution No. 1426 and prescribed herein will be fixed in an amount not to exceed $20,000. DTSC11SSTnN- On June 13, 1989, the City Council adopted M&C C-11705, which authorized the City to retain H. Louis Nichols as outside legal counsel to represent and advise the City, the City Council, and the City Plan Commission in matters concerning the authority and potential liability of the City and the City Plan Commission with respect to the review, consideration, and approval or disapproval of plats in the City's extraterritorial jurisdiction, and in other matters relating to land use regulation through the City's platting and zoning rules, regulations, and ordinances. At the same time, the City Council adopted Resolution No. 1426 fixing in advance, as far as practicable, the compensation to be paid Mr. Nichols for his services in an amount not to exceed $10,000. At the time M&C C-11705 was adopted, the City anticipated that a lawsuit relating to a particular plat denial in the City's extraterritorial jurisdiction might be filed against the City in the near future; however, at the time the City Council considered M&C C-11705, no lawsuit had been filed. Since that time, such a lawsuit was filed in the Federal District Court for the Northern District of Texas, wherein the plaintiff seeks $2.5 million dollars in alleged damages from the City for the denial of the plaintiff's proposed plat. The style and number of the lawsuit is Mayfair Joint Venture, a Texas Corporation vs. The City_ of Fort Worth, Texas, Cause No. CA -04-083-E. Because of Mr. Nichols' expertise in planning and zoning laws, and his well recognized experience in trial work involving these laws, it is recommended that Mr. Nichols be retained and authorized to represent the City, the City Council, and the City Plan Commission in the defense and resolution of the subject lawsuit. Adoption of the attached resolution amending Resolution No. 1426 is necessary so that the compensation authorized to pay Mr. Nichols will include those costs related to Mr. Nichols' representation in the subject lawsuit. FINANCING• Sufficient funds are available in General Fund 01, Non -Departmental, Account No. 90-55-00, Consultant Fees. The expenditures will be charged to Index Code 3280996. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendations, as contained in Mayor and Council Communication No. G-8158, were adopted. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council M-3 Page 377 378 TUESDAY, AUGUST 8, 1989 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council, Members Zapata, Garrison, Granger, McCray, and Webber NOES:None ABSENT: Council Members Murrin and Chappell The resolution, as adopted, is as follows: esol uti on No. RESOLUTION NO. 1453 453 (Amending Resolution No. 1426) WHEREAS, on June 13, 1989, the City Council adopted Resolution No. 1426 resolving that H. Louis Nichols be retained as outside counsel, pursuant to Section 3, Chapter VI, of the City Charter, to represent and advise the City, the City Council, and the City Plan Commission in matters concerning the authority and potential liability of the City and the City Plan Commission with respect to the review, consideration, and approval or disapproval of plats in the City's extraterritorial jurisdiction, and in other matters concerning land use regulation through the City's platting and zoning rules, regulations, and ordinances; and WHEREAS, the City Council further resolved by Resolution No. 1426 that the compensation to be paid H. Louis Nichols for his services be fixed in an amount not to exceed $10,000; and WHEREAS, the City Council desires to amend Resolution No. 1426 to provide that the legal services to be furnished by H. Louis Nichols shall include representation in the lawsuit styled and numbered as Mayfair Joint Venture, a Texas Corporation vs. The City of Fort Worth, Texas, Cause No. CA -4-89-483-E, and that the compensation to be paid to H. Louis Nichols prescribed in Resolution 1426 and prescribed herein be fixed in an amount not to exceed $20,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Resolution No. 1426, as adopted by the City Council on June 13, 1989, is hereby amended to provide that, in addition to the legal services prescribed therein, H. Louis Nichols be retained and authorized as outside legal counsel, pursuant to Section 3, Chapter VI, of the City Charter, in the lawsuit styled and numbered as Mayfair Joint Venture, a Texas Corporation vs. The Citv of Fort Worth, Texas, Cause No. CA -4-89-483-E. SECTION 2. That Resolution No. 1426 is further amended by providing that the compensation to be paid H. Louis Nichols for the services prescribed in Resolution No. 1426 and prescribed herein be fixed in an amount not to exceed $20,000. SECTION 3. Minutes of City Council M-3 Page 378 That all other provisions, recitals, and resolutions contained in Resolution No. 1426, which are not expressly amended herein, shall remain in full force and effect. &C G-8159 re There was presented Mayor and Council Communication No.�G-8159 from the City ale of Certi f i - Manager stating that the City Council authorized issuance of certificates of obligation ates of Obliga- in the amount of $3,000,000.00 on July 25, 1989, by Mayor and Council Communication ion for alliance No. G-8139 to finance the acquisition of equipment and facilities for a fire rescue irport Fire Rescuq unit at Alliance Airport; that it is proposed the proceeds from the sale of these nit certificates be appropriated to Alliance Airport Fund 49, Project No. 011001-00, Fire Rescue Unit; and recommending that the City Council appropriate $3,000,000.00 from the sale of Certificates of Obligation for Alliance Airport Fire Rescue Unit (Fund 49, Project No. 011001-00). On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. C P-3520 re urchase of geo- There was presented Mayor and Council Communication No. ;,IP -3620 from the City rocessing work- Manager submitting a tabulation of bids received for the purchase of geoprocessing tati ons for the workstations for the Information Systems and Services Department to be used in the of ormation System Development Coordination Department, Transportation and Public Works Engineering and Services Depart- Water Engineering Departments; stating that funds are available in General Fund 01, ent Account Nos. 06-40-00 and 20-25-01, Index Codes 206532 and 352633, respectively; and Water and Sewer Operating Fund 45, Account No. 70-25-01, Index Code 382168; and recommending that the purchase be made from CAD Associates, Inc., on low bid of $2,403.25 each, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council M-3 Page 378 379 TUESDAY, AUGUST 8, 1989 M&C P-3621 re There was presented Mayor and Council Communication No. P-3621 from the City purchase of barri- Manager submitting a tabulation of bids received for the purchase of barricades, cades, lights, and lights, and boards with multiple vendors for the Transportation and Public Works boards for the Department; stating that funds are available in General Fund 01, Account No. 20-80-01, Transportation and Index Codes 238394 and 238352; and recommending that the purchase be made on a public works De- low -bid -item basis, meeting City specifications, as follows: partment from 5) MT740D Transmission Price with core $1,395.00 Lectri c Li tes and 1. Letric Lites $16,558.00 Cowtown Traffic 2. Cowtown Traffic 6,825.00 23,383.00 M&C P-3621 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-3622 re There was presented Mayor and Council Communication No. P-3622 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide for various models various models of rebuilt Allison transmissions for the City Services Department; of rebut t Al 1 iason stating that budgeted funds are sufficient to cover the anticipated expenditure by each transmissions, on department participating in the agreement; and recommending that the purchase agreement an exchange basis, be authorized with Bill's Transmission Service, Inc., on low bid of unit prices, as for the City Servi follows: es Department with funds are sufficient to cover the anticipated expenditure by each department Bills Transmission 1) Allison Transmissions will be provided at manufacturer's Service, Inc. suggest list price less 30% discount. M&C P-3625 re There was presented Mayor and Council Communication No. P-3625 from the City purchase agreement Manager stating that a one-year purchase agreement was authorized by City Council on for lamps and August 9, 1988, by Mayor and Council Communication No. P-2831 for lamps and ballasts ballasts for all with a one-year option to renew; that, on January 31, 1989, Mayor and Council City departments Communication No. P-3184 was amended to allow all City departments to participate in with Summers the purchase agreement; that City departments have been satisfied with the service and Electric and Deal- have requested that the agreement be renewed for one year; that the vendor has agreed ers Electric to furnish goods at a firm price for one additional year based on an estimated Minutes of City Council M-3 Page 379 2) MT643 Transmission Price with core $ 800.00 Price without core $1,800.00 3) . MT653 Transmission Price with core $ 995.00 Price without core $1,995.00 4) MT654 Transmission Price with core $1,150.00 Price without core $3,150.00 5) MT740D Transmission Price with core $1,395.00 Price without core $3,895.00 6) MT750 Transmission Price with core $1,500.00 Price without core $4,000.00 7) MT545 Transmission Price with core $ 500.00 Price without core $ 800.00 M&C P-3622 adopted It was also recommended that the term of the agreement begin August 30, 1989, and end one year later, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-3623 re There was presented Mayor and Council Communication No. P-3623 from the City purchase agreement Manager submitting n a tabulation of bids received for a g 9 purchase agreement for the with Talem, Inc. sampling and testing of water for the City Services Department; stating that budgeted for sampling and funds are sufficient to cover the anticipated expenditure by each department testing of water participating in the agreement; and recommending that the purchase agreement be for the City Servi authorized with Talem, Inc., on low bid of unit prices at $825.00 per sampling and es Department testing and that the term of the agreement begin the date of authorization by the City Council and end one year later, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-3624 re There was presented Mayor and Council Communication No. P-3624 from the City purchase of roof Manager stating that a number of hangars at Fort Worth Meacham Airport sustained storm repairs for the damage on May 4, 1989, necessitating immediate repairs in order to prevent further Aviation Department damage; that proposals were obtained from two companies, Brazos Roofing International, from Brazos Roofing Inc., and the Robinson Roofing Company; that the lowest quote was submitted by Brazos International, Inc. Roofing who performed the work; that the damage is covered under City's Fire and Extended Coverage insurance policy which has a $100,000.00 Excess of Loss Agreement per occurrence; that the cost for repairs will be reimbursed, initially from the Insurance Fund 71, through the Fire and Extended Coverage Self Insurance Program; that the City of Fort Worth has applied for federal disaster assistance through the Federal Emergency Management Agency which allows 75 percent recovery of eligible expenses from the federal government; that losses within deductible limits of commercial insurance are eligible under the terms of the Federal Emergency Management Agency program; that funds are available in Risk Management Property and Casualty Insurance Fund 71, Account No. 15-00-00, Index Code 396077; and recommending that the City Council confirm the emergency purchase of roof repairs for the Aviation Department from Brazos Roofing International, Inc., for an amount not to exceed $11,088.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-3625 re There was presented Mayor and Council Communication No. P-3625 from the City purchase agreement Manager stating that a one-year purchase agreement was authorized by City Council on for lamps and August 9, 1988, by Mayor and Council Communication No. P-2831 for lamps and ballasts ballasts for all with a one-year option to renew; that, on January 31, 1989, Mayor and Council City departments Communication No. P-3184 was amended to allow all City departments to participate in with Summers the purchase agreement; that City departments have been satisfied with the service and Electric and Deal- have requested that the agreement be renewed for one year; that the vendor has agreed ers Electric to furnish goods at a firm price for one additional year based on an estimated Minutes of City Council M-3 Page 379 380 TUESDAY, AUGUST 8, 1989 M&C P-3625 cont. � quantity; stating that budgeted funds are sufficient to cover the anticipated purchase agreemen expenditure by each department participating in the agreement; and recommending that for lamps and the City Council authorize the renewal of a one-year, purchase agreement amended ballasts for all January 31, 1989, by Mayor and Council Communication No. P-3184, for lamps and ballasts City departments for all City departments based on the low overall bid of unit pricing per catalog price with Summers list, 1 ess percent discount, as follows: Inc recommending that the purchase agreement be authorized for the provision of Electric and bibliographic services for the library services for the Library Department with Amigos Bibliographic Council, Inc., for a total not to exceed amount of $29,854.00 net, f.o.b. Dealers Electric VENDORS ITEM 1 ITEM 2 TERMS intrusion alarm Summers Electric 57.7% 62% 2% 30 days 326983; Water and Sewer Operating Fund 45, Account No. 60-50-02, Index Code 373480; Fort Worth, TX Golf Course Fund 39, Account Nos. 80-44-10, 80-44-20, 80-41-10, and 80-43-10, Index Department, Elec=ciodes Net 31 days tr onic Division VENDORS from Sentinel The ITEM 3 TERMS Fort Worth. It was the consensus of the City Council that the recommendation be Dealers Electric adopted. 73% 2%,30 days contract for Fort Worth, TX demolition of Worth City Code) provides civil proceedings for the repair or demolition of substandard Net 31 days M&C P-3625 adopte It was also recommended that the term of the agreement be effective from August 9, 1989, through August 8, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C P-3626 re There was presented Mayor and Council Communication No. P-3626 from the City purchase agreemeni Manager stating that Amigos Bibliographic Council, Inc., is the regional network which for the provision provides bibliographic data used by the Fort Worth Library in cataloging library of bibliographic materials; that this data resides in a national online network used by more than 9,000 services for the libraries in the United States, Canada, and Mexico; that the network has more than Library Departmen 12,000,000 bibliographic records; that the library i s able to catalog more materials with Amigos Bib- for less cost by using the records contained within the network; stating that funds are liographic Council available in Central Library Fund 01, Account No. 84-20-01, Index Code 321190; and Inc recommending that the purchase agreement be authorized for the provision of Inc. bibliographic services for the library services for the Library Department with Amigos Bibliographic Council, Inc., for a total not to exceed amount of $29,854.00 net, f.o.b. Fort Worth, and that the term of the agreement be effective July 1, 1989, through June M&C P-3628 re 30, 1990. It was the consensus of the City Council that the recommendations be purchase of adopted. M&C P-3627 re There was presented Mayor and Council Communication No.`P-3627 from the City annual maintenance Manager stating that an annual agreement with two one-year options to renew was agreement for authorized on March 24, 1988, by Mayor and Council Communication No. P-2534 for the Information Syster, smaintenance of the Lanier word processing equipment purchased in 1986; that the & Services Depart maintenance agreement will continue the protection needed to support this equipment; men t, word that Lanier Business Products, Inc., is the sole factory representative in this area; Processing Divi- stating that the funds are available in General Fund 01, Account No. 04-50-01, Index si on with Lanier Code 217026; and recommending that the City Council exercise the first option of two business Products one-year options to renew the annual maintenance agreement for Information Systems and Inc. Services Department - Word Processing Division, with Lanier Business Products, Inc., for an amount not to exceed $6,758.08 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3628 re There was presented Mayor and Council Communication No. P-3628 from the City purchase of Manager submitting a tabulation of bids received for the purchase of intrusion alarm intrusion alarm systems for the Information Systems and Services Department, Electronics Division; systems for the stating that funds are available in General Fund 01, Account No. 80-20-32, Index Code Information Sys- 326983; Water and Sewer Operating Fund 45, Account No. 60-50-02, Index Code 373480; tems & Services Golf Course Fund 39, Account Nos. 80-44-10, 80-44-20, 80-41-10, and 80-43-10, Index Department, Elec=ciodes 314682, 333666, 312355, and 313916, respectively; and Equipment Services tr onic Division Operating Fund 61, Account No. 21-20-45, Index Code 220657; and recommending that the from Sentinel The purchase be made from Sentinel The Alarm Company, on low bid of $8,389.00 net, f.o.b. Alarm Company Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3629 re There was presented Mayor and Council Communication No. P-3629 from the City contract for Manager stating that the Minimum Building Standards Code (Chapter 7, Article IV, Fort demolition of Worth City Code) provides civil proceedings for the repair or demolition of substandard structures for the structures in the City of Fort Worth; that the Building Standards Commission has heard City Services the case and has tried to work with the property owner toward rehabilitation, or Department with voluntary removal, but the owner continues to delay abatement of the substandard Charles McElroy condition located at 1520 College and rear; that final approval by City Council is dba B & M Truck- required in order to demolish this structure and remove debris from the lot; stating ing that the property owner and lien holder was notified that the Housing Official would recommend that the City Council award a demolition contract during the regular meeting on June 7, 1989, by Mayor and Council Communication No. P-3536; that no one appeared at the meeting on June 7, 1989, to oppose the demolition of the property; stating that it later was determined that Item 7 was not listed in the recommendations of June 7, 1989, Mayor and Council Communication No. P-3536, although the unit price of $1,600.00 was included in the total amount of money awarded; stating that funds are available in General Fund 01, Account No. 21-40-02, Index Code 224964; and recommending that the City Council confirm that property located at 1520 College and rear is substandard and a nuisance; amend Mayor and Council Communication No. P-3536 to include authorization of a contract for demolition of structures for the City Services Department on low bid per item basis with Charles McElroy dba B & M Trucking, 1520 College and rear, for a cost of $1,600.00; and authorize a lien to be filed against the property to cover the cost and demolition and administration. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council M-3 Page 380 2 Q J. TUESDAY, AUGUST 8, 1989 M&C P-3630 re There was presented Mayor and Council Communication No. P-3630 from the City purchase of fuses Manager submitting a tabulation of bids received for the for the Transpor- g g purchase of fuses for the tati on and Public Transportation and Public Works Department; stating that purchases will be charged to Works Department General Fund 01, Inventory Subsidiary, Account No. 141-000273; and recommending that from Bluebonnet-:: the purchase be made on a low -bid -item basis, meeting City specification, as follows: Supply and Advance 1. Bluebonnet Supply $ 6,459.00 Lamp Technologies, 2. Advance Lamp Technologies, Inc. 6,750.00 Inc. Total amount not to exceed $13,209.00 net, f.o.b. Fort Worth M&C P-3630 adopted 11 It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3631 from the City M&C P-3631 re Manager submitting a quotation received for the purchase of heating and air purchase of heat- conditioning equipment for the Water Department; stating that funds are available in ing and air con- Water and Sewer Operating Fund 45, Account No. 70-50-02, Index Code 384651; and di ti oni ng equip- recommending that the purchase be made from A&A Refrigeration for an amount not to ment with A&A Re- exceed $26,000.00 net, f.o.b. Fort Worth. It was the consensus of the City Council fri gerati on for that the recommendation be adopted. the Water Depar- stating that funds are available in General Fund 01, Account No. 84-20-01, Index Code me n t There was presented Mayor and Council Communication No. P-3632 from the City M&C P-3632 re Manager stating that Mayor and Council Communication No. P-3126, dated January 3, 1989, amended contract was amended on June 20, 1989, on Mayor and Council Communication No. P-3539 to include with Acosta Clean- Diamond Hill Branch Library for janitorial services; that the total cost for this ing Service for location was miscalculated and the monthly amount should be corrected from $40.00 to Janitorial services 480.00 per month; stating that budgeted funds are sufficient to cover the anticipated for various library expenditure by each department participating in the agreement; and recommending that branches to include the City Council amend the recommendation of Mayor and Council Communication No. P-3539 Diamond Hill/Jarvis approved on June 20, 1989, with Acosta Cleaning Service to include Diamond Hill/Jarvis Branch Library Branch Library at $480.00 per month for a total not to exceed $50,640.00 net, f.o.b. Fort Worth. .It was the consensus of the City Council that the recommendation be adopted. M&C P-3633 re There was presented Mayor and Council Communication No. P-3633 from the City authorized amend- Manager stating that approval was granted on the basis of competitive bidding to award ment for general the general trade, technical, and children's library materials purchase agreement to trade, technical, Baker and Taylor Company of Commerce, Georgia, with two one-year renewal options; that and children's the first year option was awarded on September 27, 1988; that additional encumbrance is materials for the needed to continue the purchase of library materials under the same purchase agreement; Library Department stating that funds are available in General Fund 01, Account No. 84-20-01, Index Code with Baker and 321034; and recommending that an amendment to Mayor and Council Communication Taylor Company No. P-2950 be authorized in the amount of $100,000.00 to be expended for general trade, technical, and children's materials for the Library Department with Baker and Taylor Company. It was the consensus of the City Council that the recommendation be adopted. M&C L-9875 re There was presented Mayor and Council Communication No. L-9875 from the City authorized ac- Manager recommending that the City pay a total consideration of $237.00 for a strip of quisition of land land four feet in depth located parallel and adjacent to the east line of the north half of Lot 21, Lot 22, and south half of Lot 23, Block 3, Homeacres Addition, as recorded in Volume 9064, Page 1764, and Volume 7125, Page 1734, Deed Records, Tarrant County, Texas; and two temporary construction easements approximately ten feet in depth located adjacent to the west line of the above-described right-of-way; located at 4300 Village Creek Road; owned by Ruth Webb Hancock; and required for Village Creek Road Improvements from Wilbarger to Richardson. It was the consensus of the City Council that the land and easements be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040115-00, Index Code 699884. M&C L-9876 re There was presented Mayor and Council Communication No. L-9876 from the City authorized ac- Manager recommending that the City pay a total consideration of $1,375.00 for a quisition of land rectangu1 arly-sh aped strip of land five feet in depth out of the front of Lot 17-27, Block 8, Tyler's Lake Park Place Addition, as recorded in Volume 984, Page 460, Deed Records, Tarrant County, Texas; said parcel being on the south side of the existing Oleander Street and is 50 feet in length; located at 1162 East Oleander Street; owned by Ray Dawson, Sr.; and required for Reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-9877 re There was presented .Mayor and Council Communication No. L-9877 from the City authorized ac- Manager recommending that the City pay a total consideration of $300.00 for a strip of quisition of land land approximately four feet in depth located parallel and adjacent to the east line of Lots 11, 12, and 13, Block 4, Homeacres Addition, as recorded in Volume 4765, Page 451, Deed Records, Tarrant County, Texas; located at 4016 Village Creek Road; owned by Cecil Massington; and required for Village Creek Road Improvements from Wilbarger to Richardson. It was the consensus of the City Council that the right-of-way be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040115-00, Index Code 699884. M&C L-9878 re There was presented Mayor and Council Communication No. L-9878 from the City authorized ac- Manager recommending that the City pay a total consideration of $37,740.00 for a quisition of per- permanent easement located parallel to the southeast property line of Lot 8, Block 49, manent and tem- porary easements Minutes of City Council M-3 Page 381 TUESDAY, AUGUST 8, 1989 M&C L-9878 cont. Westcliff Addition, as recorded in Volume 3808, Page 572, Deed Records, Tarrant County, re acquisition of Texas; and two temporary construction easements 20 feet in depth and located adjacent permanent and to the north and south lines of the above-described permanent easement; located at 4833 temporary ease- Selkirk Drive; owned by Westcliff United Methodist Church; and required for I-20 Water ments and Sewer Adjustments. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Index Code 699710. M&C L-9879 re There was presented Mayor and Council Communication No. L-9879 from the City acquisition of Manager, as follows: land and or ease- ments various SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS projects ( 4 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Fort Worth Alliance Airport Type of Acquisition: Dedications Description of Land: Parcel 14H - An irregularly shaped strip of land located along and adjacent to the northerly line of the airport boundary, out of Tract 6, G. Overton Survey, Abstract No. 972, Denton County, Texas, as recorded in Volume 2382, Page,198, Deed Records, Denton County, Texas. Parcel 14I - A rectangularly shaped strip of land located along and adjacent to the westerly line of the airport boundary out of Tract 1, C. R. Harmon Survey, Abstract No. 737, Tracts 2 and 2A, M.E.P. & P.R.R. Company Survey, Abstract No. 1135; and Tract 2, G. Overton Survey, Abstract No. 1185, as recorded in Volume 2382, Page 198, Deed Records, Denton County, Texas, and in Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Parcel 14K - A rectangularly shaped strip of land located along and adjacent to the westerly line of the airport boundary out of Tract 6, G. Overton Survey, Abstract No. 972, as recorded in Volume 2382, Page 198, Deed Records, Denton County, Texas. Parcel 14P - A rectangularly shaped strip of land located along and adjacent to the southerly line of the airport boundary out of Tract 1A, A. C. Warren Survey, Abstract No. 1687, as recorded in Volume 92799 Page 377, Deed Records, Tarrant County, Texas. Parcel 14Q - A rectangularly shaped strip of land located along and adjacent to the easterly line of the airport boundary out of Tract 1, J. Evans Survey, Abstract No. 470, as recorded in Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Square Feet: Parcel 14H - 26,353 Parcel 14I - 870,343 Parcel 14K - 126,412 Parcel 14P - 2,612 Parcel 14Q - 10,000 Zoning: "K" Heavy Industrial Supplemental Information: These Dedications are a result of the expansion of the airport runway and the additional area required as a result of said expansion. Parcel Nos.: 14H, 14I, 14K, 14P and 14Q Consideration: $1.00 Location: West of Interstate Highway 35W Owner: Alliance Airport, Ltd., a Texas Limited Partnership Financing: Sufficient funds are available in Grant Fund 76, Project No. 218600, Fort Worth Alliance Airport. This expenditure will be made from Index Code 699702. Land Agent: Aleeta Hackney Minutes of City Council M-3 Page 382 30 ) TUESDAY, AUGUST 8, 1989 M&C L-9879 cont. 2. Project Name: Fort Worth Alliance Airport re acquisition of land and or ease- Type of Acquisition: Building Restriction Easements ments various projects Description of Land: Parcel 14J - A rectangularly shaped strip of land along and adjacent to the westerly line of the airport boundary, out of Tract 2, G. Overton Survey, Abstract No. 1185, and Tracts 6 and 7, G. Overton Survey, Abstract No. 972, as recorded in Volume 23829 Page 198, Deed Records, Denton County, Texas, and in Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Parcel 14"0" - A rectangularly shaped strip of land along and adjacent to the westerly line of the airport boundary out of Tract 1, C. R. Harmon Survey, Abstract No. 737, Tract 2, M.E.P. & P.R.R. Company Survey, Abstract No. 1135, Tract 2, G. Overton Survey, Abstract No. 1185, and Tracts 6 and 7, G. Overton Survey, Abstract No. 972, as recorded in Volume 2382, Page 198, Deed Records, Denton County, Texas and Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Parcel 14R - A rectangularly shaped strip of land along and adjacent to the easterly line of the airport boundary out of Tracts 6 and 7, G. Overton Survey, Abstract No. 972, as recorded in Volume 2382, Page 198, Deed Records, Denton County, Texas. , Square Feet: Parcel 14J -, 514,869 Parcel F4_190" -_ 274,479 Parcel 14R - 148,632 Zoning: "K" Heavy Industrial Supplemental Information: These Building Restrictions are a result of the expansion of the airport runway and the additional area required as a result of said expansion. Parcel Nos.: 14J, 14"0" and 14R Consideration: $1.00 Location: West of Interstate Highway 35W Owner: Alliance Airport, Ltd., a Texas Limited Partnership Financing: Sufficient funds are available in Grant Fund 76, Project No. 218600-03, Fort Worth Alliance Airport. This expenditure will be made from Index Code 699702. Land Agent: Aleeta Hackney 3. Project Name: Fort Worth Alliance Airport Type of Acquisition: Clear Zone Easements and Releases Description of Land: Parcel 14C1 - An air space directly above a triangularly shaped strip of land located along and adjacent to the southerly line of the airport boundary, out of Tract 1A, A. C. Warren Survey, Abstract No. 1687, as recorded in Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Parcel 14L - An irregularly shaped strip of land located along and adjacent to the westerly line of the airport boundary, out of Tract 1, C. R. Harmon Survey, Abstract No. 737, as recorded in Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Parcel 14M - A triangularly shaped strip of land located along and adjacent to the northerly line of the airport boundary, out of Tract 6, G. Overton Survey, Abstract No. 972, as recorded in Volume 2382, Page 198, Deed Records, Denton County, Texas. Square Feet: Parcel 14C1 - 96,405 Parcel 14L 28,313 Parcel 14M - 242,248 Zoning: "K" Heavy Industrial 1 Parcel Nos.: 14C1, 14L, 14M Consideration: $1.00 Minutes of City Council M-3 Page 383 38/1 TUESDAY, AUGUST 8, 1989 M&C L-9879 cont. Supplemental Information: These Clear Zone Easements and re acquisition of Releases are a result of the expansion of the airport runway land and or ease- and the additional area required as a result of said ments various expansion. projects Location: North of Keller -Haslet Road and west of Interstate Highway 35W Owner: Alliance Airport Ltd., a Texas Limited Partnership Financing: Sufficient funds are available in Grant Fund 76, Project No. 218600-03, Fort Worth Alliance Airport. This expenditure will be made from Index Code 699702. Land Agent: Aleeta Hackney 4. Project Name: Fort Worth Alliance Airport Type of Acquisition: Public Utility/Drainage Easement Agreement Description of Land: A rectangularly shaped strip of land along and adjacent to the westerly line of the airport boundary out of Tract 1, C. R. Harmon Survey, Abstract No. 737; Tract 2, M.E.P. & P.R.R. Company Survey, Abstract No. 1135; Tract 2, G. Overton Survey, Abstract No. 1185; and Tracts 6 and 7, G. Overton Survey, Abstract No. 972, as recorded in Volume 2382, Page 198, Deed Records, Denton County, Texas and Volume 9279, Page 377, Deed Records, Tarrant County, Texas. Square Feet: 183,134 Zoning: "K" Heavy Industrial Supplemental Information: This easement agreement is a result of the expansion of the airport runway and the additional area required as a result of said expansion. Parcel No.: 14N Consideration: $1.00 Location: West of Interstate Highway 35W Owner: Alliance Airport, Ltd., a Texas Limited Partnership Financing: Sufficient funds are available in Grant Fund 76, Project No. 218600-03, Fort Worth Alliance Airport. This expenditure will be made from Index Code 699702. Land Agent: Aleeta Hackney M&C L-9879 adopte It was the consensus of the City Council that the recommendations be adopted. M&C L-9880 re There was presented Mayor and Council Communication No. L-9880 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to proceedings to acquire a rectangularly -shaped strip of land nine feet in depth out of acquire a portion the front of the west 50 feet of Lots 19 and 20, Block 3, Evans South Addition, as of Lots 19, 20 an4l recorded in Volume 6185, Page 864, Deed Records, Tarrant County, Texas; said parcel block 3, Evans lying on the north side of the existing Oleander Street and being 50 feet in length; Addition and required for the Reconstruction of Oleander Street, from Evans Avenue to Mansfield. It was the consensus of the City Council that the recommendation be adopted. M&C L-9881 re There was presented Mayor and Council Communication No. L-9881 from the City acquisition, -;df Manager recommending that the City pay a total consideration of $730.00 for a land rectangularly -shaped strip of land nine feet in depth out of the front of the west 29 feet of Lots 19 and 20, Block 3, Graves and McDaniel Subdivision of Block 8, Evans South Addition, as recorded in Volume 6387, Page 363, Deed Records, Tarrant County, Texas; said parcel lying on the south side of the existing Oleander Street and being 29 feet in length; located at 966 East Oleander Street; owned by Vivian L. Nichols; and required for the Reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-9882 re There was presented Mayor and Council Communication No. `L-9882 from the City acquisition of Manager, as follows: permanent ease- ment SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS 3 TRANSACTIONS) Minutes of City Council M-3 Page 384 TUESDAY, AUGUST 8, 1989 &C L-9882 cont. RECOMMENDATION: e acquisition of ermanent easement It is recommended that approval be given for the acquisition of the arious projects land/or easements described below:. 1. Project Name: Rehabilitation of Sanitary Sewer Main 128 Type of Acquisition: Dedication Description of Land: A rectangularly shaped parcel of land out of the middle section of Lot 4, Block 1, R.T. Evans Addition as described in Volume 8403, Page 1010, Deed Records, Tarrant County, Texas. This parcel of land is 96.0 feet in depth and 10.0 feet in width as required for a permanent easement. Square Feet: 960.0 Zoning: "C" Parcel No.: 23 Consideration: $1.00 Location: 2611 Daisy Lane Owner: Lonnie Nathan Edwards and wife, Norma Claire Edwards Financing: Sufficient -funds are available in Fund 58, Project No. 017075-00, Sanitary Sewer Main 128 Rehabilitation. Expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 2. Project Name: Alliance Airport - FBO Apron Water Line Easement Type of Acquisition: Dedication of Easement Description of Land: Tract 11 - An irregularly shaped parcel of land out of Tract I, J. Evans Survey, Abstract 470 and Greenberry Overton Survey, Abstract 1185 as recorded in Volume 9279, Page 377, Deed Records, Tarrant County, Texas. This parcel of land is 15.00 feet in depth along its north line, 449.93 feet along its east line, 14.74 feet along its south line, and 445.34 feet in length along its west line as required for a permanent easement. Tract 12 - An irregularly shaped parcel of land out of Tract I, J. Evans Survey, Abstract 470 as recorded in volume 9279, Page 377, Deed Records, Tarrant County, Texas. This parcel of land is 15.00 feet in depth along its south line, 994.93 feet in length along its east line, 14.74 feet in depth along its north line and 990.34 feet in length along its west line as required for a permanent easement. Square Feet: Tract 11 - 6,740 Tract 12 - 14,915 Zoning: AF Parcel Nos.: 1 and 2 Consideration: $1.00 Location: West of I-35, north of Keller -Haslet Road Owner: Alliance Airport, Ltd. Financing: Sufficient funds are available in New Development Fund 90, Project No. 095105-00 Engineering. Expenditure will be made from Index Code 699900. Land Agent: Jerry Chalker 3. Project Name: Sycamore School Road @ F.M. 731 Intersection Type of Acquisition: Dedication Description of Land: A triangularly shaped parcel of land out of Tract 3, Herrera Gonefacio Survey as recorded in Volume 5939, Page 258, Deed Records, Tarrant County, Texas. This Minutes of City Council M-3 Page 385 TUESDAY, AUGUST 8, 1989 M&C L-9882 cont. parcel of land commences at the southwest corner of Tract 3 re acquisition of and is 147.02 feet in length along the existing Sycamore land and or ease- School Road and 341.27 feet along the hypotenuse and contains ments various 15,071.76 square feet as required for street right-of-way. projects Square Feet: 15,071.76 Zoning: "IP" Industrial Park Description of Improvements: None in the taking Parcel No.: C Consideration: $1.00 Location: Northeast corner of Sycamore School Road and F.M. 731 Owner: John Q. Melcher, Robert Lee Melcher and Charles Lee Melcher Supplemental Information: On 12-8-88 (M&C L-9605), the City Council gave the City Attorney authority to institute eminent domain proceedings to acquire this property, however, prior to the commissioners hearing this was settled. Financing: Sufficient funds are available in Street Improvements Fund 67, Project No. 095105-00, Engineering. Expenditure will be made from Index Code 699884. Land Agent: Jane G. Goodspeed M&C L-9882 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9882, be adopted. M&C C-11779 re There was presented Mayor and Council Communication No. C-11779 from the City contract with Manager submitting a tabulation of bids received for Sanitary Sewer Rehabilitation at Hall -Albert Con- Four Locations, Contract XV, and recommending that the City Manager be authorized to struction Company execute a contract with Hall -Albert Construction Company on its low bid of $395,521.50; for Sanitary Sewer and that a fund transfer in the amount of $420,000.00 be authorized from Water and Rehabilitation, Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Four Locations Project No. 017057-00, Sanitary Sewer Rehabilitation Contract XV. .It was the consensus Contract XV of the City Council that the recommendation be adopted. M&C C-117780 re . There was presented Mayor and Council Communication No. C-11780 from the City contract with Manager submitting a tabulation of bids received to repair and repaint the 6 MG J.R. Stelzer Com- Clearwell No. 7 at South Holly Water Treatment Plant, and recommending that the City p a ny to repair Manager be authorized to execute a contract with J.R. Stelzer Company on its low bid of and repaint 6 MG $242,787.00 and that a fund transfer in the amount of $250,000.00 be authorized from Clearwell No. 7 at Water and Sewer Operating Fund 45, Account No. 60-50-02, to Water Capital Improvement the South Holly Fund 53, Project No. 016022-00, Repair and Repaint Clearwell No. 7 South Holly. It was Water Treatment the consensus of the City Council that the recommendation be adopted. Plant At this time, Council Member Murrin assumed his place at the Council table. M&C C-11781 re There was presented Mayor and Council Communication No. C-11781 from the City contract with Manager, as follows: Texas Wesleyan Uni veri sty to SUBJECT: PROPOSED GOALS FOR EAST FORT WORTH enable funds for Goals for East RECOMMENDATION: Fort Worth cont. for one week It is recommended that the City Council authorize the City Manager to enter into a $20,000 contract with Texas Wesleyan University to enable them to fund the Goals for East Fort Worth program. Funding would be provided from the budget of the Department of Planning and Growth Management. - BACKGROl1ND There is growing local interest in creating a process that will achieve the following functions: ° foster public discussion and gather from a broad range of citizens their thoughts on what are the major issues facing this community and what are the positive qualities or attributes of this community; ° facilitate communication of this information to leadership groups and decisionmakers in the public, private and non-profit sectors; ° bring together representatives of leadership groups in the public, private and non-profit sectors to each discuss and Minutes of City Council M-3 Page 386 3S7 TUESDAY, AUGUST 8, 1989 &C C-11781 cont. share information about the major issues they are working on e contract with or are worrying about; exas Wesleyan niversity facilitate communication of this information to the general public; ° enable citizens to work together to solve problems and to formulate, identify and achieve a consensus on critical goals and objectives for their community; and ° encourage and form committees, task forces and other groups of interested citizens to conduct meetings, forums, workshops and seminars for the promotion and implementation of agreed upon plans, programs and goals. Goals for East Fort Worth is a non-profit corporation that was created to establish, manage and implement a local goals program for East Fort Worth. The program would be a protype or model for a future possible city-wide goals program The residents of East Fort Worth will be the primary benefactors of this program but the Planning Department will closely monitor the program and advise the City Council about the merits of undertaking a city-wide effort. Fort Worth needs a vision of its future that reflects the views, values and aspirations of all of its citizens. Goals for East Fort Worth is an important first step in developing that vision and empowering our citizens to achieve the future they want. Council Member Webber made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. C-11781, be adopted. Mayor Bolen advised the City Council of his conflict of interest with regard to Texas Wesleyan University. Council Members Granger and McCray advised City Council of their conflict of interest in regard to voting on Mayor and Council Communication No. C-11781. City Attorney Adkins advised the City Council that, since three members of the City Council are disqualified from voting on Mayor and Council Communication No. C-11781 due to conflicts of interest, and with Council Member Chappell out it would be beneficial to continue this M & C for one week to allow him time to see if Council Members Granger and McCray actually have a conflict. &C C-11783 re pproved Change rder No. 2 to Nort each Street Booste ump Station with .D. Conatser ontractors There was presented Mayor and Council Communication No. C-11783 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 2 PUMP STATION (L.D. CONATSER) RECOMMENDATION: TO NORTH BEACH STREET BOOSTER It is recommended that the City Council authorize Change Order No. 2 in the amount of $769.72 to the contract for the North Beach Street Booster Pump Station, revising the total contract cost to $394,499.52. Minutes of City Council M-3 Page 387 Council Member Webber made a substitute motion, seconded by Council Member Murrin, that Mayor and Council Communication No. C-11781 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-11782 re There was presented Mayor and Council Communication No. C-11782 from the City greement with Poe Manager stating that, due to frequent stoppages and manhole overflows caused by roots, ngineers, Inc. for grease build-ups, and deteriorated pipe, Sanitary Sewers M-14, M-89, L-892, and L-931 reparation of plaM are in need of replacement; that these lines constantly are being cleaned and spot nd specifications repairs made to keep them open; the limits of sewer line replacements on Main -14 is in Lipscomb from Terrell to Allen; Main -89 is west of Hemphill from Anthony to alley north of Boyce Street; L-931 is east of Lipscomb between Rosedale and Dashwood; and L-892 is in Dashwood east of Lipscomb; that, due to the demand on City staff for other rehabilitation projects, personnel are not available to accomplish this work; that Poe Engineers, Inc., has submitted a letter in which it proposes to provide engineering services necessary to produce plans and specifications for replacement of M-89, M-14, L-892, and L-931; stating that the maximum fee to be paid to the engineer for all services, including al l incidental or out-of-pocket expenses directly related to the work, shall not exceed $80,000.00; and recommending that the City Manager be authorized to execute an engineering agreement with Poe Engineers, Inc., for preparation of plans and specifications for Sanitary Sewer Mains 89 and 14, Laterals 892 and 931 Replacements for a total fee not to exceed $80;000.00; and that a fund transfer in the amount of $823,500.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No 022009-00, M-89, M-14, L-8921, and L-931 Replacements. It was the consensus of the City Council that the recommendations be adopted. &C C-11783 re pproved Change rder No. 2 to Nort each Street Booste ump Station with .D. Conatser ontractors There was presented Mayor and Council Communication No. C-11783 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 2 PUMP STATION (L.D. CONATSER) RECOMMENDATION: TO NORTH BEACH STREET BOOSTER It is recommended that the City Council authorize Change Order No. 2 in the amount of $769.72 to the contract for the North Beach Street Booster Pump Station, revising the total contract cost to $394,499.52. Minutes of City Council M-3 Page 387 TUESDAY, AUGUST 8, 1989 M&C C-11783 cont. BACKGROUND: and Council Communication No. C-11783, be adopted. re approved change amendment to fix- Manager stating that, under the terms of Fueling and Tank Farm Agreement with Burnett Order No. 2 to On October 11, 1988 (M&C C-11238), the City Council authorized the contract for $75,000.00; that the purpose of the bond is to insure the timely payment of fuel award of a contract to L.D. Conatser Contractors for construction North Beach Street of the North Beach Street Booster Pump Station. Director to set a lower security amount for the payments of fuel flowage fees; that all Booster Pump FBOs affected were advised that, upon written request, amendments would be proposed to Fort Horth Meachaff lower the required bonds; that, at that time, Richardson Aviation and Performance Station with L.D. During construction, it was necessary to install two 22-1/2 degree Conatser Contract security bond requirement be lowered from $75,000.00 to $2,000.00; that, during the bends and locking retainer glands in the discharge header of the ors $1,681.00; and recommending that the City Manager be authorized to execute an amendment pump station. These bends are required due to the City's policy Meacham Airport to lower the security bond for fuel flowage fees. It was the consensus for installing valves and fittings horizontally, which necessitated M&C C-11785 re There was presented Mayor and Council Communication No. C-11785 from the City the correction in elevation of the discharge header piping. The ment of lease from Secretary Contract No. 13130, Charlie R. Hillard leases 7,998.5 square feet of horizontal installation allows City personnel to use manual valve to John L. Hayes/ measuring approximately 2,160 square feet was built on site; that the term of the lease operator mechanisms, reducing the potential of breaking the at Fort forth seeks to assign his rights, title, and interest under the lease agreement to John L. operating stems and nuts on the valves. Hayes/Vance L. Atkinson; that Messrs. Hayes and Atkinson have agreed, in writing, to Also, four control relays are required for the instrument cabinet to connect to the valve status lights. These relays are necessary to report the valve positions in the SCADA system. PROJECT NO.: 09-016011-00 PROPOSED CHANGE ORDER: The contractor, L.D. Conatser Contractors, will perform this additional work for $769.72. The proposed changes are as follows: Additional labor to install two (2) 22-1/2° bends @ Lump Sum $414.00 4 Control Relays @ Lump Sum $355.72 Total Change Order T769.72 The net effect of the proposed change order is as follows: Original Contract Cost $390,328.44 Change Order No. 1 $ 3,401.36 Proposed Change Order No. 2 $ 769.72 Revised Contract Cost $394,499.52 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available in Water Capital Improvement Fund 83, Project No. 014008-00, Fort Worth Alliance Airport Water Facilities, Phase I. Expenditures will be made from Index Code 683391. M&C C-11783 adoptc It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-11783, be adopted. M&C C-11784 re There was presented Mayor and Council Communication No. C-11784 from the City amendment to fix- Manager stating that, under the terms of Fueling and Tank Farm Agreement with Burnett ed base operator Aviation Company, Inc., the fixed base operator at Fort Worth Meacham Airport is contract with required to furnish and maintain a payment bond or similar security in the amount of burnett Aviation $75,000.00; that the purpose of the bond is to insure the timely payment of fuel Company, Inc. to flowage fees to the City of Fort Worth; that the City Attorney's office, in 1987, lower security determined that an amendment may be made to the contracts to allow the Aviation bond for fuel Director to set a lower security amount for the payments of fuel flowage fees; that all flowage fees at FBOs affected were advised that, upon written request, amendments would be proposed to Fort Horth Meachaff lower the required bonds; that, at that time, Richardson Aviation and Performance Airport Airways, Inc., dba Staci's Jet Center, requested and were granted permission to provide lower security bonds; that Burnett Aviation Company, Inc., now requests that its security bond requirement be lowered from $75,000.00 to $2,000.00; that, during the most recent three month period, Burnett's fuel flowage fees owed to the City totaled $1,681.00; and recommending that the City Manager be authorized to execute an amendment to the fixed base operator contract with Burnett Aviation Company, Inc., at Fort Worth Meacham Airport to lower the security bond for fuel flowage fees. It was the consensus of the City Council that the recommendation be adopted. M&C C-11785 re There was presented Mayor and Council Communication No. C-11785 from the City consent to assign- Manager stating that, under City Secretary Contract No. 11963, as assigned under City ment of lease from Secretary Contract No. 13130, Charlie R. Hillard leases 7,998.5 square feet of Charlie R. Hillard unimproved land identified as Location 34S on Fort Worth Meacham Airport; that a hangar to John L. Hayes/ measuring approximately 2,160 square feet was built on site; that the term of the lease Vance L. Atkinson was for 25 years, beginning June 1, 1981, and ending May 31, 2006; that Mr. Hillard now at Fort forth seeks to assign his rights, title, and interest under the lease agreement to John L. Meacham Airport Hayes/Vance L. Atkinson; that Messrs. Hayes and Atkinson have agreed, in writing, to fulfill all duties and responsibilities as set out in the lease; and recommending that the City Manager be authorized to execute a Consent to Assignment of Lease from Charlie R. Hillard to John L. Hayes/Vance L. Atkinson at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council M-3 Page 388 3IS9 TUESDAY, AUGUST 8, 1989 M&C C-11786 re There was presented Mayor and Council Communication No. C-11786 from the City lease renewal with Manager stating that the Federal Aviation Administration leases 253 square feet of Federal Aviation uncarpeted office space on the first floor of the Meacham Airport Terminal Building, Administration for City Secretary Contract No. 16882; that the lease expires on September 30, 1989, and Office space for the FAA seeks to renew the contract for an additional five-year period; that, in order contract weather to avoid yearly renewals, FAA has proposed to pay a rental rate that is 4.5 percent observation in the higher than the current rate for such space; that the lease renewal will begin October Fort Worth Meacham 1, 1989, and end September 30, 1994, at an annual revenue of $2,479.40; and Airport Terminal recommending that the City Manager be authorized to execute a lease renewal with the Federal Aviation Administration for office space for the contract weather observation in the Fort Worth Meacham Airport Terminal. It was the consensus of the City Council that the recommendation be adopted. M&C C-11787 re There was presented Mayor and Council Communication No. C-11787 from the City contract with Manager stating that the purchase of Lot 1-R, Block 25, Hyde Jennings Subdivision was Southwestern Labor- authorized by Mayor and Council Communication No. L-9826 on June 13, 1989, from Paul L. a torie s to perform Bolinger for $600,000.00; that the City Council also authorized the sale of a portion environmental site of this property to the State of Texas for the I-30 project with the remainder of the assessment property being sold to Dannon Company, Incorporated; that, prior to the State of Texas and implementation purchasing the portion needed for the south exit ramp of the I-30 project, an of the Public environmental assessment was performed by Baker -Shiflett, Inc., at the State's request, Safety icaT" = after the City had purchased the property; that the investigation revealed elevated tions Syystemsstems levels of methanol at depths of 6.5 feet below the ground surface; that these findings were brought to the attention of the Real Property Management Department which had no prior knowledge of the underground storage tanks on the property; that the investigation by the Fort Worth Fire Department revealed that a total of six underground storage tanks were in use or had been used on this site; that testing was performed on two of the four methanol storage tanks and one of the tanks was determined to be leaking; that the methanol was removed and the tank was taken out of service; that the other two tanks were empty; that the -State of Texas has indicated it will purchase the property at appraised value minus cost of clean-up; stating that funds are available in General Fund 01, Account No. 90-66-00, Index Code 323865; and recommending M&C C-11790 re approved change that the City Manager be authorized to execute a contract with Southwestern Order No. 12 with Laboratories to perform an environmental site assessment on Lot 1-R, Block 25, Hyde T.L. James and Company Jennings Subdivision, for an amount not to exceed $13,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-11788 re There was presented Mayor and Council Communication No. C-11788 from the City Health Department Manager stating that efforts to reduce the number of tuberculosis cases have Change No. 6 intensified, increasing the field visits to 2,085 and home visits to 15,640 annually; that this increase in program activity has produced more records, necessitating an improved filing system; that the new system will be comprised of rotating file cabinets which will enable transition of the present records system to color coded numerical filing system which will make possible an efficient transfer and retrieval system for all records in the program; that there is no City match required for this grant; that amendment to the contract increases funding under Attachment 9B, Personnel, Fringe Benefits, Travel, Equipment, Supplies, Contractual, and Indirect Charges; and recommending that the City Manager be authorized to execute Texas Department of Health Change No. 6, Attachment No. 09B, increasing funding by $6,900.00 for the program year beginning September 1, 1988, through August 31, 1989, with indirect costs not applying in that the increased funding is designating totally for equipment; and authorized the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to increase Grant Project Account No. 301426 by $6,900.00 upon receipt of an executed contract. It was the consensus of the City Council that the recommendations be adopted. M&C C-11789 re contract for pro- There' was presented Mayor and Council Communication No. C-11789 from the City fessi onal services Manager stating that the City staff will develop the plans and specifications for the with Raymond C. Public Safety Communications System and manage the installation; that several tasks Trott, Consulting have been defined which require the assistance of a consultant including configuration Engineers, Inc. to of the base station system, building penetration by radio signals, recommendation assist in design for most effective central communications facility operation, and other tasks needing and implementation special expertise to assure that the final system meets all the City's needs; that, in of the Public accordance with City policy on the procedure for employment of technical consultants, a Safety icaT" = Notice of Invitation for Letters of Interest was published and eleven letters were =°received tions Syystemsstems from consultants; that the firm of Raymond C. Trott Consulting Engineers, Inc., of Euless, Texas, was selected as having the most expertise in the skills necessary for this project; that negotiations with RCT, Inc., resulted in establishment of a rate structure for labor and expenses which will allow the required tasks to be completed at a cost of no more than $60,000.00; stating that funds are available in Fund 68, Account No. 04-60-02, Index Code 223958; and recommending that the City Manager be authorized to execute a contract for professional services with Raymond C. Trott, Consulting Engineers, Inc., to assist in the design and implementation of the Public Safety Communications System for a fee not to exceed $60,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-11790 re approved change There was presented Mayor and Council Communication No. C-11790 from the City Order No. 12 with Manager, as follows: T.L. James and Company SUBJECT: ALLIANCE AIRPORT, PHASE II - CHANGE ORDER 12 , Minutes of City Council M-3 Page 389 390 TUESDAY, AUGUST 8, 1989 M&C C-11790 cont. RECOMMENDATION: re approved change order no. 12 with It is recommended that City Council authorize the City Manager to T.L. James and execute Change Order No. 12 to City Secretary Contract No. 16728, Company Phase II, Alliance Airport, with T. L. James and Co. in the amount of $26,091.40, increasing the contract to $21,025,822.47. ITITIUM11iUILIINC On October 25, 1988 (M&C C-11265), the City Council awarded a construction contract to T. L. James & Company for Phase II paving, lighting, and drainage improvements at Alliance Airport in the amount of $19,820,408.70. This contract has subsequently been amended by approved Change Orders #1 through #11 so that the contract amount currently stands at $20,999,791.07. Proposed Change Order No. 12 At the time of contract award, the operational concept for Alliance Airport called for an Instrument Landing System (ILS) approach to Runway 16 with approaches to Runway 34 being visual only. It was later decided to add an ILS approach to Runway 34. This decision has generated a requirement to add approach lights to Runway 34 which are located south of Keller -Haslet Road. Keller -Haslet Road is currently under construction. The Federal Aviation Administration has requested that a duct bank be added under Keller -Haslet Road to facilitate the installation of power and control cables to service the lights and outer marker beacon. The contractor has proposed a price of $65.68 per lineal foot for the 4 inch -6 way concrete encased duct and a price of $2,775 for the 5 ft. x 5 ft. manhole. Considering that most of the work is in rock, staff considers the prices quoted to be fair and reasonable. The duct would cost $23,316.40 for the 355 L.F. for a total cost of $26,091.40 for the change order. PROJECT COST: Original Contract Amount: $19,820,408.70 Approved Change Orders #1 through #11: 1,179,382.37 Proposed Change Order No. 12: 26,091.40 Proposed Contract Amount $21,025,822.47 Approval of proposed Change Order #12 and other previously approved change orders will result in a 6.1% increase to the original contract. FINANCING: Sufficient funds for this change order are available in Grant Fund 76, Project No. 218600-10, Alliance Airport, Phase I, Construction and are to be encumbered in Contract No. 16728D. Index Code 400481 will be used for this expenditure. M&C C-11790 a dop to It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-11790, be adopted. M&C C-111 re There was presented Mayor and Council Communication No. C-11791 from the City contractract with H.B. Zachry Company for Manager, as follows: construction of SUBJECT: AWARD OF CONTRACT TO H. B. ZACHRY CO. FOR THE ASSESSMENT Faron Street from PAVING OF FARON STREET FROM WEST VICKERY TO FLETCHER West Vickery Blvd. AVENUE to Fletcher Avenue RECOMMENDATION: It is recommended that the City Council: 1. approve the following bond fund transfers: FROM TO AMOUNT REASON 94-009905-00 67-040175-00 $49,685.78 To move proper - Special Faron Street ty owner's share Assessments (W. Vickery Blvd. of cost from Re - Unspecified To Fletcher Ave.) volving Fund to Project Account. 67-040901-00 67-040175-00 $185,712.33 To provide funds Inner City Faron Street for the City's Streets (W. Vickery Blvd. share of con - Unspecified To Fletcher Ave.) struction cost. Minutes of City Council M-3 Page 390 M&C C-11791 cont. contract with H.B. Zachry Company for construction of Faron Street from West Vickery Blvd. to Fletcher Avenue TUESDAY, AUGUST 8, 1989 76-206080-35 76-206080-51 Eleventh Construction of Year CDBG Faron Street Inner City (W. Vickery Blvd. Streets To Fletcher Ave.) $100,884.90 To provide funds for street im- provements. 2. authorize the City Manager to execute a contract with H. B. Zachry Co. in the amount of $336,283.01 based on their low bid for the construction of Faron Street from West Vickery Blvd. to Fletcher Avenue; 3.. declare the necessity for and order the improvements to Faron Street from West Vickery Blvd. to Fletcher Avenue; 4. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property; 5. approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 6. establish September 5, 1989, as the date of the benefit hearing; 7. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 8. adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 7 above, and other applicable requirements of Article 1105b, Vernon's Texas Civil Statutes. DI U SSI0N! The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Faron Street from West Vickery Blvd. to Fletcher Avenue. The project is located in the Como target area which qualifies for Community Development Block Grant Funds. CDBG funds will provide 30% of the construction cost.. This project is in Council District No. 7. PROJECT DESCRIPTION: STREET LIMITS WIDTH/FEET ROW/WIDTH/FEET Faron Street W. Vickery Blvd. Variable 60 To Fletcher Ave. 28 to 30 PROPOSED IMPROVEMENTS: It is proposed to improve Faron Street by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be variable from 28 to 30 feet wide on a sixty foot Right -of -Way. Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans. RECEIPT OF BIDS• Bids for the project were received on May 25, 1989, after being advertised on May 4 and 11, 1989, with 56 working days allotted to complete the project. BIDDER AMOUNT H. B. Zachry Co. $336,283.01 J. L. Bertram Const. & Engineer, Inc. 7363,884.50 Harrod Paving Co. $366,152.65 Walt Williams Const., Inc. $369,608.88 Camino Construction $389,274.75 Austin Paving $396,539.94 Southwestern Contracting Co. $480,188.20 The low bidder is in compliance with the City's MBE/WBE policy. ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS: Based on standard City policy and the low bid prices, the following assessment rates have been established for Faron Street. 6 inch thick reinforced concrete pavement (30' wide) $27.95/L.F. 6 inch thick reinforced concrete pavement (28' wide) $26.11/L.F. 7 inch high concrete attached curb $ 2.60/L.F. 6 inch thick reinforced concrete driveway approaches $ 2.68/S.F. Minutes of City Council M-3 Page 391 001 6 3 9 2 &C C-11791 cont. ontract with H.B. achry Company for onstruction of aron Street from est Vickery Blvd. o Fletcher Avenue TUESDAY, AUGUST 8, 1989 The total cost for street improvements to Faron Street is distributed as follows: Property owners' City's share of Total estimated FINANCING: share of the cost the cost cost $ 49,685.78 (14%) $303,411.38 (86%) $353,097.16 Sufficient funds are available for transfer from Street Improvement Fund 67, Project No. 040901-00, Inner City Streets Unspecified and from Grant Fund 76, Project No. 206080-35, Eleventh Year CDBG Inner City Streets. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvement Fund 67, Project 040175-00, Faron Street to Fletcher Avenue and Grant Fund 76, Project No. 206080-51, Construction of Faron Street to Fletcher Avenue. Expenditures will be made from Index Codes 630335 and 658815 respectively. Sufficient funds are available in Street Improvements Fund 67, Project No. 095105-00, Engineering Salaries, to finance engineering inspection and administrative costs. &C C-11791 adopte I It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-11791, be adopted. n tr od uced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be r dinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None, ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10355 0355 AN ORDINANCE DETERMINING THE NECESSITY FOR AN ORDERING AND PROVIDING FOR THE IMPROVEMENT OF FARON STREET FROM WEST VICKERY BOULEVARD TO FLETCHER AVENUE, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO H.B. ZACHRY CO., FOR THE MAKING AND CONSTRUCTI F UCH MPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS,- MPROVEMENTS;DIRECTING DIRECTINGTHE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. &C C-11792 re There was presented Mayor and Council Communication No. C-11792 from the City ontract with Manager, as follows: aures W. Jackson, nc. for the SUBJECT: AWARD OF CONTRACT TO JAMES W. JACKSON, INC:, FOR THE onstruction of ASSESSMENT PAVING OF WABASH AVENUE FROM COLLINSWORTH abash Avenue from STREET TO 285 FEET NORTH ollinsworth Stree o 285 feet north RECOMMENDATION: It is recommended that the City Council: 1. approve the following bond fund transfers: Minutes of City Council M-3 Page 392 093 TUESDAY, AUGUST 8, 1989 M&C C-11792 cont. FROM TO AMOUNT REASON contract with James W. Jackson 94-009905-00 67-024326-00 $11,265.08 To move property I n . for the Speci al Wabash, owner's shade of construction of Assessments Collinsworth- cost from Revoly- Wabash Avenue from Unspecified 285' North ing Fund to Pro - Collinsworth Stree ject Account. to 285 feet north 67-024901-00 67-024326-00 $10,574.10 To provide funds Assessment Wabash, for the City's Paving Collinsworth- share of construc- Unspecified 285' North tion cost. 2. authorize the City Manager to execute a contract with James W. Jackson, Inc., in the amount of $35,037.35 based on their low bid for the construction of Wabash Avenue from Collinsworth Street to 285' north; 3. declare the necessity for and order the improvements to Wabash Avenue from Collinsworth Street to 285' north; 4. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property; 5. approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 6. establish September 5, 1989, as the date of the benefit hearing; 7. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 8. adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 7 above, and other applicable requirements of Article 1105b, Vernon's Texas Civil Statutes. nTgrilgCTnN- Mr. Joe K. Dugger, the developer of Carlson's Subdivision, Block 1, Lot 2, has executed a short form Community Facilities Agreement for the construction of Wabash Avenue from Collinsworth Street to 285' north. The developer will prepay $13,198.17 for his share of the cost for street improvements adjacent to Lot 2, Block 1, Carlson's Subdivision. A carwash has recently been completed at the corner of Collinsworth and Wabash. Wabash Avenue is in poor condition, never having been built to City standards. This project is located in Council District No. 3. PROJECT DESCRIPTION: STREET LIMITS Wabash Avenue Collinsworth Street to 285' North PROPOSED IMPROVEMENTS: WIDTH/FEET ROW/WIDTH/FEET q( 50 It is proposed to improve Wabash Avenue by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. RECEIPT OF BIDS: Bids for the project were received on May 25, 1989, after being advertised on May 4 and May 11, 1989, with 30 working days allotted to complete the project. BIDDER AMOUNT James W. Jackson, Inc. $35,037.35 Walt Williams Const., Inc. $38,475.50 Centerline Constructors, Inc. $38,518.54 Harrod Paving Co. $40,392.77 Howard Cement Construction $42,971.15 Thomas Const., Inc. $56,596.50 Austin Paving Co. $61,288.45 The low bidder is in compliance with the City's MBE/WBE policy. Minutes of City Council M-3 Page 393 M&C C-11792 cont. contract with James W. Jackson, Inc. for the construction of Wabash Avenue fro Collinsworth Stre t to 285 feet north TUESDAY, AUGUST 8, 1989 ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS: Based on standard City policy and the low bid prices, the following assessment rates have been established for Wabash Avenue. 7 Inch Thick Reinforced Concrete Pavement 7 Inch High Attached Concrete Curb $40.33/L.F. $ 3.35/L.F. The total cost for street. improvements to Wabash Avenue is distributed as follows: Property Owner's City's Share of Total FINANCING: Share of the Cost the Cost $24,463.25 12,325.97 36,789.22 Sufficient funds are available for transfer from Street Improvement Fund 67, Project No. 024901, Unspecified -Miscellaneous Assess Paving. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvement Fund 67, Project 024326-00, Wabash, Collinsworth - 285' north, to finance this contract. Expenditures will be made from Index Code 630335. Sufficient funds are available in Street Improvements Fund 67, Project No. 095105-00, Engineering Salaries, to finance engineering inspection and administrative costs. M&C C-11792 adopt dIt was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-11792, be adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10356 10356 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF WABASH AVENUE, AS HEREINAFTER SET FORTH; APPROVING R ECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO JAMES W. JACKSON, INC., FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. M&C C-1179submission There was presented Mayor and Council Communication No. C-11793 from the City submission of Manager recommending that the City Manager submit a grant application, and accept the grant application and acceptance grant if offered, and negotiate a contract with Texas Department of Commerce in the contract with amount of $278,131.00 for implementation of the Job Training Partnership Act, Texas Department Section 123 Program Plan for Program Year 1989; and execute a contract in the amount of of commerce for $267,152.00 with Tarrant County Junior College to implement an adult learning implementation of opportunities center for the contract period beginning July 1, 1989, and ending June 30, 1990, contingent upon approval of the contract with Texas Department of Job Training Partnership Act Commerce. It was the consensus of the City Council that the recommendations be Management Det - adopted. velopment Plan Minutes of City Council M-3 Page 394 M&C C-11794 re submission of gran application con- tract with Texas Department of Commerce for imple mentation of Job Training Partner- ship Act Managemen Development Plan M&C C-11795 re contract for imple mentation of the Job Training Part- nership Act Title Plan IIA 395 TUESDAY, AUGUST 8, 1989 There was presented Mayor and Council Communication No. C-11794 from the City Manager recommending that the City Manager be authorized to submit a grant application, accept if offered, and negotiate a contract with the Texas Department of Commerce for the implementation of the Job Training Partnership Act Management Development Plan for 1989 for the contract period beginning July 1, 1989, and ending June 30, 1990, in the amount of $46,461.00; and that the Accounting Division of the Finance Department be authorized to establish the specified account upon receipt of an executed contract with the Texas Department of Commerce. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11795 from the City Manager, as follows: SUBJECT: JOB TRAINING PARTNERSHIP ACT TITLE IIA - ADDITIONAL CONTRACTS AND CONTRACT MODIFICATIONS FOR 1989 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute the following additional contracts for implementation of the Job Training Partnership Act Title Plan IIA for 1989: A. Execute a contract with Birdville Independent School District in the amount of $26,417 to implement the Center for At -Risk Youth for the contract period July 1, 1989 to June 30, 1990; B. Execute a contract with Birdville Independent School District in the amount of $17,808 to implement the Teams for TEAMS Program for the contract period September 1, 1989 to June 30, 1990; C. Execute a contract with Birdville Independent School District in the amount of $35,561 to implement the Assistance for School Age Parents (ASAP) Program for the contract period August 1, 1989 to June 30, 1990; D. Execute a contract with Bee and Bell Education Center in the amount of $127,806 to implement the Achievers Academy for Welfare Moms Program f or the contract period August 1, 1989 to June 30, 1990; E. Execute a contract with Fort Worth Independent School District in the amount of $75,272 to implement the Poly Youth Entrepreneurial Project for the contract period July 1, 1989 to June 30, 1990; F. Execute a contract with 70001 Training and Employment Institute in the amount of $352,490 to implement the 70001 Learning Opportunities Centers for the contract period July 1, 1989 to June 30, 1990; and G. Execute a contract with Texas Workforce Development in the amount of $108,933 to implement the STEP I Program for the contract period July 1, 1989 to June 30, 1990. 2. Execute modifications to the following existing On -the -Job _Training contracts: A. Execute an amendment to the contract with CareerWorks, Inc., for Adult On -the -Job Training, extending the contract to December 31, 1989, and adding $161,528 for a total contract amount of $433,808; B. Execute an amendment to the contract with Fort Worth Independent School District for Adult On -the -Job Training, extending the contract to December 31, 1989 and adding $126,900 for a total contract amount of $446,860; C. Execute an amendment to the contract with Fort Worth Independent School District for Out -of -School Youth On -the -Job Training, extending the contract to December 31, 1989, and adding $57,620 for a total contract amount of $179,160; and D. Execute an amendment to the contract with Fort Worth Independent School District for In -School Youth On -the -Job Training, extending the contract to December 31, 1989 and adding $28,000 for a total contract amount of $69,450. Minutes of City Council M-3 Page 395 396 TUESDAY, AUGUST 8, 1989 M&C C-11795 cont DISCUSSION: contract for im- plementation of On June 27, 1989 through M&C C-11743, the City Council authorized the Job Training execution of contracts for implementation of the Job Training Partnership Act Partnership Act Title IIA Program Plan for 1989. Funds under Title Title Plan IIA IIA of the Job Training Partnership Act are used year round from for 1989 July 1, 1989 to June 30, 1990, to provide employment and training activities for economically disadvantaged youth, ages 14 to 21, and adults, ages 22 and over. The program year allocation for the City of Fort Worth is $5,567,810.. On July 6, 1989, the Private Industry Council recommended funding for the above additional contracts to be executed under JTPA Title IIA for the 1989 program year. On June 28, 1988, through M&C C-11047, the City Council authorized the City Manager to execute contracts with Fort Worth Independent School District and CareerWorks, Inc., for implementation of Adult and Youth On -the -Job Training Programs under Title IIA of DTPA for the 1988 program year. The Private Industry Council on June 1, 1989, authorized a Request for Contract Modification (RFM) to be issued to all present on-the-job training service providers allowing an extension of their current contracts to December 31, 1989. The recommendation for modification was made due to changes in JTPA Regulations regarding single unit charge performance based contracts. The extension of current contracts will allow sufficient time to to develop a Request for Proposal which incorporates the new provisions of Department of Labor policy interpretation of the new regulations. A Request for Proposal will be issued in November for an 18 -month contract period to meet USDOL's new requirements. PROGRAM ACTIVITIES: Birdville ISD's Center for At -Risk Youth is designed to provide basic education ski s and vocational c assroom training to At -Risk Youth. Fifty participants will be served. Birdville ISD's Teams for TEAMS program will enhance test -taking skills in At -Risk Youth, age -s-147-71. Twenty participants will be served. Birdville ISD's Assistance for School Age Parents program will provide vocational education courses to youths, ages 14-21, who have dropped out of school because of pregnancy or childbirth. Twenty participants will be served. Bee and Bell Educational Center's Achiever's Academy for Welfare Moms will enhance the educational level of teenage mothers by providing parental skills training, job skills training, homework assistance and tutoring. One hundred participants will be served. Fort Worth ISD's PolX Entrepreneurial project is designed to stimulate entrepreneurial interest in At -Risk Youth through operating a small printing business. Forty participants will be served. 70001 Training and Employment Institute will provide basic academic competencies training in a computerized environment. The project will be implemented at two locations, the Fort Worth Learning Opportunities Center and the North Fort Worth Learning Opportunities Center. Collectively they will service two hundred and forty participants. Texas Workforce Development's STEP I program will provide pre-employment job readiness training, and job placement for At -Risk Youth. Youth will be directed to growth sectors of the labor market. Seventy participants will be served. On -the -Job Training On -the -Job Training provides for reimbursement to employers of up to 50% of participant wages for up to six months or the length of time required to acquire the skills necessary to perform the job. A total of (341) participants will be served through On -the -Job Training. Fort Worth Independent School District will serve (100) participants through their Adult OJT Program, (46) participants through In -School Youth OJT, and (45) participants through Out -of -School Youth OJT. CareerWorks, Inc., will service (150) participants through Adult On -the -Job Training. Minutes of City Council M-3 Page 396 397 TUESDAY, AUGUST 8, 1989 M&C C-11795 cont. PROPOSED BUDGET BY ACTIVITY: r; ul a i `contract for the implementation Pre -Enrollment Assessment $ 127,154 of the Job Train- Vocational Classroom Training 388,084 ing Partnership Ac Vocational CRT Buy -ins 50,000 Title Plan IIA Adult OJT 288,428 for 1989 Youth OJT 85,620 Job Development/Placement 303,122 Project Self Sufficiency 88,000 Project Aspire 100,000. OJT -Handicapped 124,766 Project Power -Special Project 29,463 Fort Worth Boys Club/Job Search 32,324 Limited Work Experience - I/S 103,596 0/S - LWE 50,000 Teens N Teams (TNT) 19,361 Cassata O/S,Dropouts 202,596 New Beginnings 203,838 Fort Worth Housing Authority 89,030 STARS 201,896 Fundamentals' 106,814 SMART - Sylvan 42,485 70,001 352,490 Center for At -Risk Youth 26,417 Teams for Teens/BISD 17,808 ASAP 35,561 STEP I 108,933 Poly Project 75,272 Achievers Academy 127,806 Support Services 120,000 Needs Based Payments 267,000 Special Project Wages 277,000 LWE Wages 341,040 OJT Wages 147,086 TWC Operations 1,034,820 TOTAL 5,567,810 FINANCING: Sufficient funds are available in Fund 76, Project No. 405458-01 through 21, Administration; 405459-01 through 05, Services, and 405460-01 through 26, Training. Expenditures will be made from 510222, Contractual Services. Council Member Zapata advised City Council of a conflict of interest in regard to voting on Mayor and Council Communication No. C-11795, Job Training Partnership Act Title IIA - Additional Contracts and Contract Modifications for 1989 regarding Fort Worth Independent School District. Council Member Granger made a motion, seconded by Mayor Pro tempore Gilley, that Mayor and Council Communication No. C-11795 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, . Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell NOT VOTING: Council Member Zapata M&C C-11796 cont. It was the consensus of the City Council that Mayor and Council Communication for one week No. C-11796, Bank Depository Contract Changes, be continued for one week. M&C C-11797 re There was presented Mayor and Council Communication No. C-11797 from the City contract with Manager stating that the Texas Legislature enacted Senate Bill 336 in 1987 enabling Frei l i ch , Lei tner, legislation pertaining to impact fees; that the bill requires charter cities to comply Carlisle and with its provisions by June 1990; that the legislation substantially changes the "rules Shortlidge, a of the game" as applied to local enactment of impact fee ordinances by 1) substituting Partnership for expressed statutory authority for implied police power authority; 2) specifying the assistance in re- type of public facilities taht may be financed by impact fees; 3) specifying a detailed vising existing procedure for local adoption of impact fee ordinances; and 4) specifying a substantive development poli- methodology for calculating impact fees; that, to bring City development policies and cies and ordinance ordinances into compliance, extensive research, meetings, and legal review must be to conform to accomplished; that an independent consultant would assist City staff in the staturotry exemp- coordination of the process; that the firm of Freilich, Leitner, Carlisle and tions and to Shortlidge, A Partnership, will meet fully the City's needs and requirements for a achieve consistencIr comprehensive review of existing policies and their revision for conformance with with the Texas en- Article 1269j-4.11; that the work has been divided into two phases; that Phase I, to be abling completed by September 30, 1989, will include review of existing development regulations and fees, creation of a Citizens Advisory Committee, preparation of land use assumptions, initiation of capital improvements program, and a preliminary evaluation of service areas and interjurisdictional agreements; that the firm propose to perform this work for a fee not to exceed $20,000.00 plus direct expense of Minutes of City Council M-3 Page 397 f �9 TUESDAY, AUGUST 8, 1989 &C C-11797 cont. $1,800.00; that the second phase will not be authorized at this time, but will require ontract with a second Council approval in October 1989; that the second phase of the work will be rei 1 i ch , Lei tner , considerably more expensive and will require partial funding from General Fund; stating arlisle and that funds are available in Water and Sewer Operating Fund 45, Account Nos. 60-10-00 hortlidge, A and 70-10-00, Index Codes 370320 and 381418, respectively; and recommending that the artnership, for City Manager be authorized to execute a contract with Freilich, Leitner, Carlisle and ssistance in re- Shortlidge, A Partnership, for assistance in revising existing development policies and ising existing ordinances to conform to statutory exemptions and to achieve consistency with the Texas evel opment poli- enabling Legislation, Texas Revised Civil Statutes Article 1269]-4.11, as amended. On ies and ordinance motion of Mayor Pro tempore Gilley seconded by Council Member Murrin, the recommendation was adopted. ity Council met It was the consensus of the City Council that City Council meet in closed or n closed or executive session to seek the advice of its attorney with respect to pending or xecutive session 11 contemplated litigation: 1. (a) City of Fort Worth v. Freedom Financial Corporation, Cause No. 352-107250-87 (b) Leonard E. Briscoe, Sr. et al v. Heartland Savings and Loan Association, et al, Cause No. 141-121970-89, 141st District Court as authorized by Section 2(e) of the Texas Open Meeting Act, Article 6252-17, V.A.C.S. 2. To seek and receive advice from its attorney with respect to the following matter, which pertains to contemplated litigation and which is protected from disclosure by the Code of Professional Responsibility of the State Bar of Texas, Canon 4: Amendment to Section 34-139, Chapter 34 of the Code of the City of Fort Worth relating to the granting of franchises for taxicab operations in the City; as authorized by Section 2(e) of the Texas Open Meeting Act, Article 6252-17, V.A.C.S. 3. To seek and receive the advice of its attorney with respect to the following matters which are protected from disclosure by the Code of Professional responsibility of the State of Texas, Canon 4, as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act: Legal issues regarding Alliance Airport and Annexation of 1,388.315 acres of Alliance International Centre. econvened intoI The City Council reconvened into regular session with eight members present, egul ar session and Council Member Chappell absent. s. Nancy Runyon Ms. Nancy Runyon, 368 Foch, appeared before the City Council and requested e Police Depart- that the matter involving the report from the Police Department of her stolen tote bag ent be investigated and requested that actions be taken in regard to false accusations against Ms. Runyon and her alleged false arrest. eeting recessed ntil 1:30 p.m. econvened into egular session SC C-11803 re aster Agreement or the American irlines Maintenan e ase On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the meeting was recessed until 1:30 p.m. The City Council reconvened into regular session, with eight members present and Council Member Chappell absent. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Mayor and Council Communication No. C-11803 be moved forward on the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. C-11803 from the City Manager, as follows: SUBJECT: AUTHORIZE THE CITY MANAGER TO SIGN THE MASTER AGREEMENT FOR THE AMERICAN AIRLINES MAINTENANCE BASE RECOMMENDATION: It is recommended that the City Manager be authorized to sign a master agreement for the American Airlines maintenance base. BACKGROUND: The City, American Airlines, Alliance Airport, Ltd., Hillwood/1358, Ltd., Hillwood Development Corporation and AllianceAirport Authority, Inc., have been involved in discussions concerning development of a major aircraft maintenance base. The base would be used by American in the maintenance and repair of its aircraft fleet and would be adjacent to Alliance Airport. Minutes of City Council M-3 Page 398 0� TUESDAY, AUGUST 8, 1989 M&C C-11803 cont. To induce American to locate the base at Alliance Airport, the Master Agreement City, Alliance Airport, Ltd., Hillwood, and AllianceAirport for the American Authority will be required to make various commitments to American. Airlines Maintenance These commitments are documented in a master agreement which has Base been provided to the Council. The master agreement includes provisions concerning the following matters at Alliance Airport and the proposed maintenance base: 1. Acquisition of land where the base is to be located. 2. Community facilities agreements and infrastructure for the base, including access, streets, roadways, utilities, sewer service, aircraft access taxiways, and IH -35W interchanges/frontage roads. 3. Tax abatement by the City and other, taxing authorities for real and tangible personal property at the base and implementation of f reeport status to exempt tangible personal property from taxation if S.J.R. 11 is approved by the voters. 4. Agreements concerning American's operations at the base and Alliance Airport, including landing fees and the waiver of access fees, user fees, permit fees, aircraft parking fees and fuel flowage fees. 5. Agreements concerning the City's obligation to complete and operate Alliance Airport. 6. Agreements concerning the City's present and future regulation of American's use of the base and Alliance Airport including aircraft takeoffs and landings, engine testing and maintenance run -ups, and agreements concerning future regulations which would require the City to pay for costs, expenses and damages suffered by American, as well as regulations which would constitute a taking of American's facilities by the City. 7. Agreements concerning annexation and zoning by the City of a portion of the base site which is presently outside the city limits. 8. Agreements concerning the anticipated financing structure for the base, the issuance of bonds and the acquisition and lease by Alliance Airport Authority, of the land and the assignment of rights by American. FINANCING: Financing is covered by other contracts submitted contemporaneously with this document. Deputy City Manager David Ivory appeared before the City Council and introduced representatives of American Airlines. Mr. bob N. Baker Mr. Bob N. Baker, American Airlines Senior Vice President, appeared before re M&C C-11803 the City Council and gave a brief description of the proposed aircraft maintenance American Airlines facility and advised Council that the facility will be used for the maintenance and repair of its aircraft fleet of over 500 airplanes as well as potential use for maintenance of aircraft owned by other airlines and answered questions from the City Council in regard to the Master Agreement for the American Airlines Maintenance Base. City Attorney Adkins advised City Council that the term "inverse condemnation" needed to be redefined so that it would be more explicit in the contract. City Manager Harman requested that the concerns of the City Council be referred to the attorneys to let staff work on the language in the agreement. City Attorney Adkins advised City Council of areas in the master agreement about which he has legal concerns with regard to community facilities agreement; tax abatement agreement; enactment of an ordinance regarding the exemption of the airport and surrounding areas from provisions of Section 3-121; and regarding the waiver of access, permit, and fuel flowage fees, with landing fees being offset by the City granting a credit back for the amount of the landing fee charges. Mr. Boyd London Mr. Boyd London, First Southwest Company, appeared before the City Council M&C C-11803 re and advised the City Council that the only aspect in particular that would bother the American Airlines buying market would be the payment, if any, by the City of inverse condemnation charges. Mr. Jeff Leushcel Mr. Jeff Leushcel appeared before the City Council regarding the increase in re M&C C-11803 the number of cities using the tax abatement system and advised the City Council that American Airlines American Airlines would be paying a lease payment. Minutes of City Council M-3 Page 399 400 Deputy City Manager David Ivory re M&C C- 11803 American Airlines Ms. Jane Allen re M&C C-11803 American Airlines M&C C-11803 cont. until the end of the Council Meeti M&C C-11798 re contract with Hillwood Develop- ment Corporation for installation of community faci lities to serve Northport Additio Construction of Alliance Blvd. M&C C-11798 adopte M&C C-11799 re contract with Hillwood Develop- ment Corporation for installation of community faci- lities to serve Northport Addition Construction of Heritage Parkway &C C-11799 adopte M&C C-11800 re contract with Hillwood Develop- ment Corporation for installation of community faci- lities to serve Northport Addition Construction of Avion Blvd. TUESDAY, AUGUST 8, 1989 Deputy City Manager David Ivory appeared before the City Council and discussed each of the articles represented in the Master Agreement for American Airlines Maintenance Base. Ms. Jane Allen, 926 Bycen Trail, Dallas, Texas, appeared before the City Council and explained the legal rights and obligations to another entity with regards to the rights of assignment in Article 8 of the Master Agreement for American Airlines Maintenance Base Contract. At this time, City Attorney Adkins excused himself from the Council table and Deputy City Attorney William Wood assumed his place at the Council table. It was the consensus of the City Council that Mayor and Council Communication No. C-11803 be continued until the end of the Council meeting. It was the consensus of the City Council that Mayor and Council Communication Nos. C-11798, C-11799, C-11800, and C-11801, be discussed at the same time. Deputy City Manager David Ivory appeared before the City Council and advised the City Council that American Airlines will have its own unique community facilities in regard to the fueling situation at Alliance Airport and described the areas covered by each Mayor and Council Communication with regard to the construction of Alliance Boulevard, Heritage Parkway, Avion Boulevard, and Eagle Parkway. There was presented Mayor and Council Communication No. C-11798 from the City Manager submitting a proposed contract from for the installation of community facilities to serve Northport Addition (Fort Worth Alliance Airport, Construction of Alliance Boulevard); describing the project cost and financing; and recommending that the City Manager be authorized to execute a Community Facility Agreement with Hillwood Development Corporation; that the City Manager be authorized to reimburse the developer for the City's share of cost for water, sanitary sewer, storm drainage, streets, street lights, and roadway signs; and that Certificates of Obligation funds be appropriated, as follows: Alliance Boulevard Street and Storm Drain (49-136113-00) $222,600 Alliance Boulevard Roadway Signs (49-031084-00) 4,100 Alliance Boulevard Street Lights (49-032079-00) 48,200 Alliance Boulevard Water Line (49-015001-00) 500 Alliance Boulevard Sewer Line (49-013001-00) 500 On motion of Council Member Zapata, seconded by Council Member Garrison, the recommendations were adopted. There was presented Mayor and Council Communication No. C-11799 from the City Manager submitting a proposed contract for the installation of community facilities to serve Northport Addition (Fort Worth Alliance Airport, Construction of Heritage Parkway); describing the project costs and financing; and recommending that the City Manager be authorized to execute a Community Facilities Agreement with Hillwood Development Corporation; that the City Manager be authorized to reimburse the developer for the City's share of cost for water, sanitary sewer, storm drainage, streets, street lights, traffic signals, and roadway signs; and that Certificate of Obligation funds be appropriated, as follows: Heritage Parkway Street and Storm Drain Heritage Parkway Signals Heritage Park Street Signs Heritage Park Street Lights Heritage Park Water Line Heritage Park Sanitary Sewer (49-136114-00) $2,697,560 (49-031082-00) 82,500 (49-013085-00) 16,500 (49-032080-00) 32,400 (49-015002-00) 203,633 (49-013002-00) 101,307 On motion of Council Member Zapata, seconded by Council Member Garrison, the recommendations were adopted. There was presented Mayor and Council Communication No. C-11800 from the City Manager submitting a proposed contract for the installation of community facilities to serve Northport Addition (Fort Worth Alliance Airport, Construction of Avion Boulevard); describing the project costs and financing; and recommending that the City Manager be authorized to execute a Community Facilities Agreement with Hillwood Development Corporation; that the City Manager be authorized to reimburse the developer for the City's share of cost for water, sanitary sewer, storm drainage, streets, street lights, and roadway signs; and that Certificate of Obligation funds,be appropriated, as follows: Avion Road Street and Storm Drain (49-136115-00) $471,808 Avion Road Street Signs (49-013086-00) 3,850 Avion Road Street Lights (49-032081-00) i 5,200 Avion Road Water Line (49-015003-00) 500 Avion Road Sanitary Sewer (49-013003-00) 8,242 &C C-11800 adopte On motion of Council Member Zapata, seconded by Council Member Garrison, the recommendations were adopted. &C C-11801 re ontract with i 1 1 wood Devel op- ent Corporation or installation f community faci- ities to serve orthport Addition onstruction of agle Parkway There was presented Mayor and Council Communication No. C-11801 from the City Manager submitting a proposed contract for the installation of community facilities to Minutes of City Council M-3 Page 400 TUESDAY, AUGUST 8, 1989 M&C C-11801 cont. contract with Hill- serve Northport Addition (Fort Worth Alliance Airport, Construction of Eagle Parkway); good Development describing the project costs and financing; and recommending that the City Manager be Corporation for in- authorized to execute a Community Facilities Agreement with Hillwood Development stallation of co- Corporation; that the City Manager be authorized to reimburse the developer for the mmunity facilities City's share of cost for water, sanitary sewer, storm drainage, streets, street lights, to serve Northport traffic signals, and roadway signs; and that Certificate of Obligation funds be Addition construct', appropriated, as follows: Alliance Airport. Deputy City Manager tion of Eagle Park Eagle Parkway Street and Storm Drain (49-136116-00) $3,353,525 way Eagle Parkway Signals (49-031083-00) 62,500 Aviation Advisory Board; and advised City Council that Pinnacle Air Services, Inc., was Eagle Parkway Street Signs (49-013087-00) 19,680 Worth does not have the resources to start up a new facility and that it is an Eagle Parkway Street Lights (49-032082-00) 82,540 City of Fort Worth. Eagle Parkway Water Line (49-015004-00) 168,515 requested the City Council give favorable consideration to his proposal in regard to Eagle Parkway Sanitary Sewer (49-013004-00) 113,640 M&C C-11801 adopte On motion of Council Member Zapata, seconded by Council Member Garrison, the recommendations were adopted. M&C C-11802 re There was presented Mayor and Council Communication No. C-11802 from the City contract negoti a- Manager stating that 50 requests for proposals were mailed to prospective bidders on tions with Pinnacic May 10, 1989, for management of Alliance Airport; that, on June 15, 1989, the City Air Services, Inc. received two responsive bids to the requests for proposals; that an addendum was mailed for management of out to the two responsive bidders on July 21, 1989, requesting additional information; Alliance Airport that a committee composed of City staff and members of Aviation Advisory Board Inc. evaluated all information submitted by the two bidders in response to the requests for Services, proposals and addendum; that the lowest .cost proposal was submitted by Pinnacle Air Services, Inc., and the City should attempt to negotiate a final contract acceptable to Mr. aim Atkins the City; and recommending that the City Manager be authorized to enter into contract Mr. Jim Atkins, 3504 Autumn Drive, appeared before the negotiations with the preferred bidder, Pinnacle Air Services, Inc., for management of re M&C C-11802 Alliance Airport. Deputy City Manager Deputy City Manager David Ivory appeared before the City Council and advised David Ivory M&C the City Council that, in his opinion, the best way to provide management for the C-11802 contract operation of Alliance Airport was to submit a request for a proposal; that the with Pinnacle Air committee for the selection of the bidder was composed of City staff and members of the Services, Inc. Aviation Advisory Board; and advised City Council that Pinnacle Air Services, Inc., was Services, selected as the preferred bidder and stated that, at the present time, the City of Fort City Manager Harman requested that staff draft some key Worth does not have the resources to start up a new facility and that it is an opportunity to examine in detail benefits that the private industry can provide to the direction the negotiation should take. City of Fort Worth. Mr. Reed Pigman, Jr. Mr. Reed Pigman, Jr., dba Texas Jet, appeared before the City Council and re M&C C-11802 requested the City Council give favorable consideration to his proposal in regard to contract with marketing all three airports; stating that he would make sure that Tarrant County Pinnacle Air constructors were used; that minority workers were included in the bid process; and Services, Inc. stated that with Pinnacle Air Services, Inc., the City would receive only half of the annual cash management fee whereas with Texas Jet the City would receive 100 percent. Mr. Taylor Gandy Mr. Taylor Gandy, 2501 Parkview Drive, representing Mr. Reed Pigman, Jr., re M&C, C-11802 appeared before the City Council and stating that, under Mr. Pigman, the City will show contract with a profit after ten years and the City could continue to maintain control over the sale Pinnacle Air of fuel and recommended that Mr. Pigman handle fuel sales with 75 percent going to the Services, Inc. City of Fort Worth. City Attorney Wade Adkins assumed his place at the Council table at this time. Mr. Hays Lindsley Mr. Hays Lindsley, representing Pinnacle Air Services, Inc., appeared before re M&C C-11802 the City Council and requested that the City Council give favorable consideration for contract with the approval of the negotiation for a management contract with Pinnacle Air Services, Pinnacle Air Inc. Services, Inc. Mr. aim Atkins Mr. Jim Atkins, 3504 Autumn Drive, appeared before the City Council and re M&C C-11802 advised the City Council that the Aviation Advisory Board regarding the management of contract with Alliance Airport and the responsibilities of the manager. Pinnacle Air Services, Inc. City Manager Harman requested that staff draft some key points as to which direction the negotiation should take. Dr. Robert Kaman Dr. Robert Kaman, 4109 Mickie Lynn, a member of the Aviation Advisory Board, re M&C C-11802 appeared before the City Council and recommended that the contract be reworked in order contract with for the City to retain the managerial function for the Fort Worth Alliance Airport. Pinnacle Air Services, Inc. Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. C-11802, as amended, by directing City staff to draft a list of key points in which to approach negotiations for management of Alliance Airport, be adopted. Council Member Zapata made a substitute motion, seconded by Council Member Murrin, that staff review the three proposals and give a comparative report to City Council Members regarding the proposal to either let the City manage Alliance Airport, award the contract to Pinnacle Air Services, Inc.; or to Reed Pigman. When the substitute motion was put to a vote by the Mayor, it failed by the following vote: Minutes of City Council M-3 Page 401 M&C C-11803 re Master Agreement for the American Airlines Main- tenance Base TUESDAY, AUGUST 8, 1989 AYES: Council Members Zapata and Murrin NOES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, and Webber ABSENT: Council Member Chappell When the motion, that Mayor and Council Communication No. C-11802 be approved, as amended, by directing staff to draft a list of key points in which to approach negotiations for management of Alliance Airport, was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granaer. McCray and WahhPn NOES: Council Members Zapata and Murrin ABSENT: Council Member Chappell There was presented Mayor and Council Communication No. C-11803 from the City Manager, as follows: SUBJECT: AUTHORIZE THE CITY MANAGER TO SIGN THE MASTER AGREEMENT FOR THE AMERICAN AIRLINES MAINTENANCE BASE RECOMMENDATION: It is recommended that the City Manager be authorized to sign a master agreement for the American Airlines maintenance base. BACKGROUND: The City, American Airlines, Alliance Airport, Ltd., Hillwood/1358, Ltd., Hillwood Development Corporation and AllianceAirport Authority, Inc., have been involved in discussions concerning development of a major aircraft maintenance base. The base would be used by American in the maintenance and repair of its aircraft fleet and would be adjacent to Alliance Airport. To induce American to locate the base at Alliance Airport, the City, Alliance Airport, Ltd., Hillwood, and AllianceAirport Authority will be required to make various commitments to American. These commitments are documented in a master agreement which has been provided to the Council. The master agreement includes provisions concerning the following matters at Alliance Airport and the proposed maintenance base: 1. Acquisition of land where the base is to be located. 2. Community facilities agreements and infrastructure for the base, including access, streets, roadways, utilities, sewer service, aircraft access taxiways, and IH -35W interchanges/frontage roads. 3. Tax abatement by the City and other taxing authorities for real and tangible personal property at the base and implementation of f reeport status to exempt tangible personal property from taxation if S.J.R. 11 is approved by the voters. 4. Agreements concerning American's operations at the base and Alliance Airport, including landing fees and the waiver of access fees, user fees, permit fees, aircraft parking fees and fuel flowage fees. 5. Agreements concerning the City's obligation to complete and operate Alliance Airport. 6. Agreements concerning the City's present and future regulation of American's use of the base and Alliance Airport including aircraft takeoffs and landings, engine testing and maintenance run -ups, and agreements concerning future regulations which would require the City to pay for costs, expenses and damages suffered by American, as well as regulations which would constitute a taking of American's facilities by the City. 7. Agreements concerning annexation and zoning by the City of a portion of the base site which is presently outside the city limits. 8. Agreements concerning the anticipated financing structure for the base, the issuance of bonds and the acquisition and lease by Alliance Airport Authority, of the land and the assignment of rights by American. Minutes of City Council M-3 Page 402 TUESDAY, AUGUST 8, 1989 M&C C-11803 cont. 403 Master Agreement FINANCING: for the American Airlines Main- Financing is covered by other contracts submitted contemporaneously tenance Base with this document. M&C C-11803 adopted Council Member Zapata made a motion, seconded by Council Member Webber, that the recommendation as contained in Mayor and Council Communication No. C-11803, be adopted. Council Member Murrin made a substitute motion, seconded by Council Member Granger, that Mayor and Council Communication No. C-11803 be continued for one week. When the motion was put to a vote by the Mayor, it failed by the following vote: AYES: Council Members Murrin and Granger NOES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, and Webber ABSENT: Council Member Chappell When the motion, that the recommendation, as contained 1n Mayor, and Council Communication No. C-11803, be adopted, was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council "Members Zapata, Garrison, McCray, and Webber NOES: Council Members Murrin and Granger ABSENT: Council Member Chappell Annexation of It appearing to the City Council that public hearings were held in the Alliance Interna- Council Chambers at City Hall of the City of Fort Worth, Texas, on July 6, 1989, and tional Centre July 18, 1989, in connection with Council consideration of the annexation of 1,388.315 acres of Alliance International Centre and that hearings were closed not more than 20 days nor less than then days prior to this date, Mayor Pro tempore Gilley introduced and ordinance and made a motion that it be adopted on first reading and that the ordinance be published in the official newspaper of the City of Fort Worth. The motion was seconded by Council Member Zapata. The motion carrying with; i t the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10357 10357 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY .LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 1388.318 ACRES (2.17 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING.THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. WHEREAS, a public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 6th day of July, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 18th day of July, 1989, which date was not more than Minutes of City Council M-3 Page 403 TUESDAY, AUGUST 8, 1989 Ordinance No.II forty (40) days nor less than twenty (20) days prior to the 10357 cont. institution of annexation proceedings; and WHEREAS, notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 22nd day of June, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing; and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 7th day of July, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the hereinafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 1388.318 acres (2.17 square miles) of land, more or less;' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter, be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Fort Worth, Texas, to -wit: BEING a tract of land situated in the Allen Henderson Survey, Abstract No. 596, the Thomas S. Reyburn Survey, Abstract No. 1130, the T. J. Bates Survey, Abstract No. 206, the A. Robinson Survey, Abstract No. 1119, the M.E.P. & P.R.R. Company Survey, Abstract No. 906 the Hamilton Perry Survey, Abstract No. 1022, the William Bush Survey, Abstract No. 205, the Benjamin Matthews Survey, Abstract No. 860, the P.K. Matthews Survey, Abstract No. 865, the James Eads Survey, Abstract No. 410, the Alexander McDonald Survey, Abstract No. 786, the P.M. Smith Survey, Abstract No. 1170, the Greenberry Overton Survey, Abstract No. 972, the C. Sutton Survey, Abstract No. 1230, the C. Sutton Survey, Abstract No. 1561 and the A.M. Feltus Survey, Abstract No. 1464, all in Denton County, Texas and situated about 17.5 miles South 30 degrees West from the Courthouse in Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the intersection of roads for the northwest corner of the Second Tract as described in the deed to Peterson Farms, Inc. and recorded in Volume 559, Page 308, County Records, Denton County, Texas, said point being in the west line of said Henderson Survey and the east line of said P.K. Matthews survey, from which a 7/8 inch iron rod for the northeast corner of said T.J. Bates Survey bears S 000 04' 49" W, 32.09 feet; THENCE S 440 28' 24" E, 35.63 feet to the POINT OF BEGINNING; THENCE S 890 01' 38" E, 577.37 feet, along the south line of a gravel road (Litsey Road); THENCE S 890 52' 47" E, 1906.13 feet, continuing along the south line of said gravel road; Minutes of City Council M-3 Page 404 405 TUESDAY, AUGUST 8, 1989 Ordinance No. THENCE S 750 04' 22" E, 331.96 feet, continuing along the south 10357 cont. line of said gravel road; THENCE N 890 24' 37" E, 666.07 feet, continuing along the south line of said gravel road; THENCE S 010 56' 05" W, 752.65 feet, leaving said south line; THENCE S 650 13' 08""W, 1152.75 feet; THENCE S 080 37' 54" W, 62.35 feet; THENCE S 500 32' 19" E, 671.24 feet; THENCE S 210 28' 16" W, 482.93 feet; THENCE S 000 01' 46" E, 377.37 feet, THENCE S 250 58' 14" W, 871.51 feet; THENCE N 890 16' 46" W, 2387.58 feet; THENCE S 000 36' 40" W, 1877.00 feet; THENCE N 890 04' 27" W, 2635.27 feet; THENCE N 000 11' 49" W, 30.00 feet; THENCE N 890 30' 53" W, 2470.68 feet to a point in the easterly right-of-way line of Interstate Highway 35W; THENCE N 270 27' 47" W, 410.11 feet to a point in the westerly right-of-way line of said Interstate Highway 35W, at the centerline station 24+02.75, 175.00 feet left; THENCE N 000 16' 25" E, 2288.68 feet; THENCE N 890 28' 57" W, 3570.84 feet; THENCE N 000 23' 02" W, 274.34 feet; THENCE N 000 40' 45" W, 1550.00 feet; THENCE N 890 25' 17" W, 3006.04 feet to a point in the easterly line of Gulf, Colorado and Santa Fe Railroad right-of-way and being 50 feet from its track center; THENCE N 240 17' 25" E, 3947.95 feet along the easterly line of said Railroad right-of-way, 50 feet from and parallel to its said tract center; THENCE S 890 01' 28" E, 1381.85 feet leaving the easterly line of said Railroad right-of-way; THENCE S 000 45' 11" E, 193.27 feet; THENCE S 88° 49' 12" E, 351.21 feet; THENCE S 890 14' 44" E, 4772.43 feet; THENCE S 050 35' 44" E, 142.75 feet; THENCE S 860 53' 36" E, 502.85 feet; THENCE S 010 39' 22" W, 2489.28 feet; THENCE S 000 38' 08" W, 1583.20 feet to a concrete Highway Department Monument in the westerly right-of-way of Interstate Highway 35W, said monument being at centerline station 62 + 01.82 feet, 150.00 feet left; THENCE S 000 38' 52" W, 652.23 feet to a point in the easterly right-of-way line of said Interstate Highway 35W at centerline station 56 + 41.22, 180.00 feet right; THENCE S 00° 35' 58" W, 277.31 feet; THENCE S 780 22' 27" E, 232.96 feet; THENCE S 000 25' 50" W, 25.00 feet to the south right-of-way of Elizabethtown Cemetery Road; THENCE S 890 32' 26" E, 460.96 feet with said south right-of-way; Minutes of City Council M-3 Page 405 TUESDAY, AUGUST 8, 1989 Ordinance No. THENCE S 890 40' 22" E, 1860.21 feet with said south right-of-way; 10357 cont. THENCE S 000 36 52" E, 652.16 feet, leaving said south ri ght-of-way; THENCE N 890 23' 07" E, 375.00 feet; THENCE N 000 36' 52" W, 646.00 feet to a point once again in said south right-of-way; THENCE S 890 40' 22" E, 463.77 feet with said south right-of-way; THENCE N 000 04' 49" E, 2589.98 feet with the east right-of-way of said Elizabethtown Cemetery Road, to the POINT OF BEGINNING and containing 1390.976 acres of land, more or less. SAVE & EXCEPT BEING a tract of land situated in the James Eads Survey, Abstract No. 410 and situated about 17.5 miles South 30 degrees West from the Courthouse in Denton County, Texas and being all that 2.66 acre tract as described in the deed to Howard L. Peterson and recorded in Volume 320, Page 455, said County Records: COMMENCING at the northwest corner of the First tract, the common south corner of the Eighth and Ninth tracts as described in deed to Peterson Farms, Inc. and recorded in Volume 559, Page 308, Denton County Deed Records, same also being the northwest corner of said Reyburn Survey; THENCE S 890 30' 33" E, 347.00 feet to the POINT OF BEGINNING of the herein described Save and Except tract; THENCE N 000 13' 33" W, 571.00 feet; THENCE S 890 30' 33" E, 203.00 feet; THENCE S 000 13' 33" E, 571.00 feet; THENCE N 890 30'. 33" W, 203.00 feet to the POINT OF BEGINNING and containing 2.661 acres of land, more or less. SECTION 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared` prior to publication of the notices of hearings prescribed under Section 43.056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed. SECTION 5. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. 6 That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared Minutes of City Council M-3 Page 406 407 TUESDAY, AUGUST 8, 1989 Ordinance No. unconstitutional by the valid judgment or decree of any court of 10357 cont. competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall be in full force and effect from and after its publication and the date of its passage by the City Council.on second reading, and it is so ordained. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA NAME: Hillwood/1358 Ltd., a Texas limited partnership (the '—Ow—ner'I ) LOCATION AND ACREAGE ANNEXED: Approximately 1,388.318 acres (the Annexed Area more particularly described on Exhibit A attached to Annexation Ordinance No. 10357. The Annexed Area is a portion of Alliance International Centre and is located in the vicinity of the new Fort Worth Alliance Airport (the "Airport'). COUNTIES: Denton WHEREAS, Owner owns the Annexed Area; WHEREAS, American Airlines intends to use a portion of the Annexed Area as the site for its new aircraft maintenance facility (the "American Facility"); and WHEREAS, Owner and the City desire to acquire the right of way for, and construct improvements necessary to serve, the long term needs of the Airport, the American Facility, and the Annexed Area. NOW THEREFORE, pursuant to and in accordance with the requirements of Chapter 43 of the Local Government Code of the State of Texas (the "Code"), the City and Owner each agree to fullfill and perform their respective duties and obligations set forth in this Service Plan for Annexed Area (the "Service Plan"), at the levels and in accordance with the schedules established herein. A. DEDICATION OF PROPERTY: (1) Owner will dedicate or cause to be dedicated to the City (at no cost to the City) property within the Annexed Area for the Access Taxiway when the City and Owner have agreed upon all dedication instruments. (2) Owner will dedicate or cause to be dedicated to the City (at no cost to the City) property within the Annexed Area for public purposes acceptable to Owner when the City and Owner have agreed upon all dedication instruments. (3) Owner will dedicate or cause to be dedicated to the City (at no cost to the City) property within the Annexed Area for streets and storm drainage facilities when the City and Owner have agreed upon all dedication instruments. (4) The dedication arrangements prescribed in A(1), A(2) and A(3) above are unrelated to, and in addition to, the City's rights to require the dedication of land for public use as permitted under Chapter 212 of the Local Government Code, and they do not in any manner limit or compromise the City's right and power of eminent domain. B. POLICE PROTECTION SERVICES: (1) Patrolling, responding to calls, and other routine police protection services, within the limits of existing personnel and equipment, will be provided to the Annexed Area beginning on the effective date of annexation. (2) As.development and construction commence within the Annexed Area, sufficient personnel and equipment will be provided to furnish the Annexed Area the maximum level of police protection services consistent with the characteristics of topography, land utilization, and population density within the Annexed Area, as determined by the City Council. Minutes of City Council M-3 Page 407 TUESDAY, AUGUST 8, 1989 Ordinance No. (3) Upon ultimate development of the Annexed Area, the same 10357 cont. level of police protection services will be provided to the Annexed Area as are furnished throughout the City. (4) In addition to the foregoing, additional services will be provided as follows: (a) security and police protection services (including at least one patrol unit that will continuously patrol the area in and around the Airport and the American Facility) will be provided for the Annexed Area as soon as the Airport is operational. These services will be sufficient to allow response to emergency situations at the American Facility and throughout the Annexed Area within eight (8) minutes of any call or alarm eighty percent (80%) of the time and within fifteen (15) minutes of any call or alarm ninety-five percent (95%) of the time; (b) a police sector building will be constructed, staffed, and equipped within the Annexed Area as soon as justified by development,_ in the sole discretion of the City; and (c) additional police sector buildings will be constructed within the Annexed Area when deemed necessary by the City Council. C. FIRE, EMERGENCY CRASH AND RESCUE SERVICES: (1) Fire protection and emergency ambulance services, within the limits of existing personnel and equipment and within the limits of available water and distances from existing fire stations, will be provided to the Annexed Area beginning on the effective date of annexation. (2) As development and construction commence within the Annexed Area, sufficient fire and emergency ambulance personnel and equipment will be provided to furnish the Annexed Area the maximum level of fire and emergency ambulance services consistent with characteristics of topography, land utilization, and population density within the Annexed Area, as determined by the City Council. (3) Upon ultimate development of the Annexed Area, the same level of fire and emergency ambulance services will be provided to the Annexed Area as are furnished throughout the city. (4) In addition to the foregoing, additional services will be provided as follows: (a) a fire station will be constructed, staffed, and equipped as soon as possible (but no later than the date the first phase of the American Facility is operational) to provide fire, crash, and rescue services for the American Facility, for the area around the Airport, and for the Annexed Area; (b) equipment and personnel to adequately respond to emergency situations at the Airport, the:! American Facility, and throughout the Annexed Area will be physically located at the Airport as soon as the Airport is operational; (c) the City will implement crash, fire, and rescue services sufficient to meet FAA Part 139 standards as soon as possible (but no later than the date the first phase of the American Facility is operational);; and (d) additional fire stations will be constructed within the Annexed Area when deemed necessary by'.the City Council. E D. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: (1) Enforcement of the City's environmental health ordinances and regulations, including, but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers ordinances, and animal control ordinances, shall be provided within the Annexed Area beginning on the effective date of annexation. Minutes of City Council M-3 Page 408 TUESDAY, AUGUST 8, 1989 rdinance No. (2) The City's building, plumbing, mechanical, electrical, 0357 cont. and all other construction codes will be enforced within the Annexed Area beginning on the effective date of annexation. (3) The City's zoning, subdivision, sign, mobile home, junk yard, and other ordinances shall be enforced within the Annexed Area beginning on the effective date of annexation. (4) All inspection services furnished by the City, but not mentioned above, will be provided within the Annexed Area beginning on the effective date of annexation. (5) On the effective date of annexation, all services will be provided, all codes, regulations, and ordinances will be enforced, and all complaints and alleged violations will be answered and investigated within the limits of existing personnel. As development and construction commence within the Annexed Area, sufficient personnel will be provided to furnish the Annexed Area the same level of environmental health and code enforcement services as are furnished throughout the City. E. PLANNING AND ZONING SERVICES: The planning and zoning jurisdiction of the City will extend to the Annexed Area beginning on the effective date of annexation. City planning will thereafter encompass the Annexed Area, and the Annexed Area shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan. F. RECREATION AND LEISURE SERVICES: (1) Beginning on the effective date of annexation, residents of the Annexed Area may utilize all existing recreation and leisure service facilities and sites throughout the City. (2) Additional facilities and sites to serve the Annexed Area and its residents will be acquired, developed, and maintained at locations and times provided by applicable plans, policies, programs, and decisions of the City. The Annexed Area will be included in all plans providing recreation and leisure services to the City. The same level of recreation and leisure services shall be furnished to the Annexed Area as is furnished throughout the City. (3) Parks, playgrounds, swimming pools, and other recreation and leisure facilities now or hereafter located within the Annexed Area shall, upon dedication to and acceptance by the City, be maintained and operated by the City. The City's existing policies with regard to the maintenance of parks, playgrounds, swimming pools, and other recreation and leisure facilities will apply to the Annexed Area beginning on the effective date of annexation. The City will maintain such areas consistent with maintenance performed throughout the City on other similar facilities. In addition to maintenance performed by the City, and subject to prior approval by the City Council and a written agreement between the City and the Owner containing mutually acceptable terms and conditions, Owner may enter on City property to install, maintain, repair, remove, -replace, restore, or improve any landscaping located in any public park, playground, or other recreation or leisure area. G. SOLID WASTE COLLECTION: (1) Solid waste collection services, within the limits of existing personnel and equipment, will be provided to the Annexed Area, in accordance with existing City policies, beginning on the effective date of annexation. (2) As development and construction commence within the Annexed Area, and as population density increases within the Annexed Area, solid waste collection shall be provided to the Annexed Area in accordance with the policies of the then current policies of the City as to frequency, charges, and so forth. H. STREETS, STORM DRAINAGE, WATER, SANITARY SEWER, AND STREET LIGHTS: (1) The City's existing policies with maintenance of streets, setbacks, and medians the Annexed Area beginning on the effective dat Minutes of City Council M-3 Page 409 eregard to the will apply to of annexation. 4,99 410 TUESDAY, AUGUST 8, 1989 Ordinance No. The City will maintain such areas, including landscaping, 10357 cont. consistent with maintenance performed throughout the City on other similar facilities and improvements within the City. In addition to maintenance performed by the City, and subject to prior approval by the City Council and a written agreement between the City and the Owner containing mutually acceptable terms and conditions, the Owner may enter on City property to install, maintain, repair, remove, replace, restore, or improve any landscaping located in the unpaved portion of any street or in any median or setback located within the Annexed Area. (2) As development, improvement, and construction of streets, drainage facilities, water facilities, sanitary sewer facilities, si gnal i zati on, lighting, and street signage commences within the Annexed Area, the standard policies of the City with regard to the technical standards for acceptance upon completion and maintenance after completion, shall apply, and compliance with such policies and standards shall be a condition of acceptance and maintenance responsibilities by the City of such facilities. Participation by Owner and City in the costs of engineering and construction shall be in accordance with the policies contained in the community facilities agreements for development of the subject facilities. Public funds (other than City funds) will be prorated among the improvements for which such funds are approved in accordance with the projected construction costs of such improvements unless the source of such funds otherwise provides. (3) The following facilities and improvements will be located, designed and constructed (including, but not limited to, grading, paving, drainage, water, sanitary sewer, utilities, lighting, signalization, and landscaping) in accordance with standards jointly developed by the City and Owner necessary to serve the Airport, the American Facility, and the Annexed Area: (a) ALLIANCE BOULEVARD INTERCHANGE. Owner shall dedicate or cause to be dedicated to the City (at no cost to the City) any of Owner's land required for the right of way for an interchange to be constructed at the intersection of Alliance Boulevard and IH -35W. The City agrees to comply with Minute Order No. 89068 dated July 19, 1989, with regard to any additional land that is required. Subject to approval by the City Plan Commission, if required, this interchange shall be located, designed, and constructed in substantial compliance with Exhibit A attached hereto. If the design or location shown on Exhibit A is demonstrated to be infeasible based on engineering or environmental constraints identified in studies approved by the City Council of the City or by the SDHPT, or if such design or location is otherwise unacceptable to the SDHPT or the Federal Highway Administration, in either of which cases the City and Owner will revise the design or location in a mutually agreeable manner that is acceptable to the SDHPT and Federal Highway Administration. The City agrees to use its best efforts to take all steps necessary to obtain all required governmental approvals as soon as possible. The City will complete the design engineering and environmental assessment as soon as possible. The City agrees to comply with Minute Order No. 89068 dated July 19, 1989, with regard to the construction schedule for this interchange." If other public funds (including, but not limited to, impact fees, front foot fees, assessments, or other charges .imposed by the City on land owners outside the Annexed Area) are not available or are insufficient, this interchange will be constructed at the City's expense. (b) EAGLE PARKWAY INTERCHANGE. Owner shall dedicate or cause to be dedicated to the City (at no cost to the City) any of Owner's land required for the right of way for and interchange to be constructed at the intersection of Eagle Parkway and IH -35W. The City agrees to comply with Minute Order No. 89068 dated July 19, 1989, with regard to any additional land that is required. Subject to approval by the City Plan Commission, ifrequired, this interchange shall be located, designed, and constructed in substantial compliance with Exhibit A attached hereto. If the design or location shown on Exhibit A is demonstrated to be infeasible based on engineering or environmental constraints identified in Minutes of City Council M-3 Page 410 411 TUESDAY, AUGUST 8, 1989 Ordinance No. studies approved by the City Council of the City or by 10357 cont. the SDHPT, or if such design or location is otherwise unacceptable to the SDHPT or the Federal Highway Administration, in either of which cases the City and Owner will revise the design or location in a mutually agreeable manner that is acceptable to the SDHPT and Federal Highway Administration. The City agrees to use its best efforts to take all steps necessary to obtain all required governmental approvals as soon as possible. The City will complete the design engineering and environmental assessment as soon as possible, The City agrees to comply with Minute Order No. 89068 dated July 19, 1989, with regard to the construction schedule for this interchange. If other public funds (including, but not limited to, impact fees, front foot fees, assessments, or other charges imposed by the City on land owners outside the Annexed Area) are not available or are insufficient, this interchange will be constructed at the City's expense. (c) FRONTAGE ROADS AND RAMPS. Owner shall dedicate or cause to be dedicated to the City (at no cost to the City) any of Owner's land required for the right of way for a frontage road on the west side of IH -35W between Eagle Parkway and Keller -Haslet Road and for ramps on both sides of IH -35W between Eagle Parkway and Keller -Haslet Road. The City agrees to comply with Minute Order No. 89068 dated July 19, 1989, with regard to any additional land that is required. Access to nearby property required by the SDHPT shall be provided in a manner and location mutually agreeable to Owner and the SDHPT. Subject to approval by the City Plan Commission, if required, the frontage road and ramps shall be located, designed, and constructed in substantial compliance with Exhibit A attached hereto. If the design or location shown on Exhibit A is demonstrated to be infeasible based on engineering or environmental constraints identified in studies approved by the City Council of the City or by the SDHPT, or if such design or location is otherwise unacceptable to the SDHPT or the Federal Highway Administration, in either of which cases the City and Owner will revise the design or location in a mutually agreeable manner that is acceptable to the SDHPT and Federal Highway Administration. The City agrees to use its best efforts to take all steps necessary to obtain all required governmental approvals as soon as possible. The City will complete the design engineering and environmental assessment as soon as possible. The City agrees to comply with Minute Order No. 89068 dated July 19, 1989, with regard to the construction schedule for the frontage road and ramps. If other public funds (including, but not limited to, impact fees, front foot fees, assessments, or other charges imposed by the City on land owners outside the Annexed Area) are not available or are insufficient, the frontage road, ramps, and access will be constructed at the City's expense. (4) The remainder of the streets (including, but not limited to, grading, paving, drainage, water, sanitary sewer, utilities, lighting, signalization, and landscaping) will be located, designed, and constructed in accordance with standards jointly developed by the City and Owner necessary to serve the Annexed Area, subject to the approval of the City Plan Commission, if required. r Such improvements will be constructed in accordance with the City's standard cost participation guidelines and policies set forth in the respective CFAs, the terms, conditions, and duration of which CFAs will be executed prior to beginning construction. The City's cost participation will be waived, however, on a "per foot basis" for any street if property on both sides thereof is not platted prior to the expiration of the applicable CFA. (5) All permanent streets covered by this Service Plan shall be constructed of concrete, and all streets, other than local access thoroughfares in residential areas, shall be designed to accommodate heavy duty commercial and industrial traffic. (6) The same level of maintenance shall be provided to streets within the Annexed Area which have been or will be accepted by the City as is provided to similar streets throughout the City. Minutes of City Council M-3 Page 411 1-1-2 TUESDAY, AUGUST 8, 1989 Ordinance No. (7) The City will maintain storm drainage facilities to 10357 cont. current City standards applicable throughout the City provided such facilities are constructed within drainage easements which are dedicated to the City. (8) Street lights installed on public streets shall be maintained by the City in accordance with current City standards. - I. WATER SERVICES: (1) Connection to existing City water mains for domestic water service to serve the Annexed Area will be provided in accordance with the City ordinances and policies in effect from time to time. Upon connection to existing mains, water, will be provided at normal rates (including tap fees, front foot fees, access fees, or other similar charges or fees in effect from time, to time) established by City ordinances for such service throughout the City. (2) All capital improvements required to supply by January 1, 1992, adequate water to the Annexed Area (in accordance with the pressure and flow rate hereinafter described) shall be constructed by the City in accordance with design and construction standards jointly developed by the City and Owner. Not later than January 1, 1992, the City shall supply, and thereafter, continue to supply, to the Annexed Area, adequate water with sufficient pressure and instantaneous flow rate based on the characteristics of topography, proposed land utilization, and projected population density within the Annexed Area. (3) All capital improvements required to supply adequate water to the Annexed Area after, January 1, 1992, (in accordance with the pressure and flow rate hereinafter described) shall be constructed by the City using public funds in accordance with design and construction standards jointly developed by the City and Owner. After January 1, 1992, the City shall supply, and continue to supply, to the Annexed Area adequate water with sufficient pressure and instantaneous flow rate based on the characteristics of topography, proposed land utilization, and projected population density within the Annexed Area. (4) As development and construction commence within the Annexed Area, facilities and improvements (other than the capital improvements described in Paragraphs I(2) and I(3) above) will be extended by the property owners in accordance with provisions of the subdivision ordinance, community facility agreement policies, ordinances, and regulations of the City in effect from time to time and in accordance with design and construction standards jointly developed by the City and the Owner. City participation in the costs of these extensions shall be in accordance with the City's standard cost participation guidelines and policies set forth in the respective CFAs, the terms, conditions, and duration of which CFAs will be executed prior to beginning construction. Such facilities and improvements shall be constructed on a schedule that is consistent with development within the Annexed Area. (5) Owner shall receive "Front Foot Refunds", "User Refunds", and "Onsite Credits" (each as hereinafter defined) which, in the aggregate, may permit Owner to recover 100% of the costs eligible for recovery (as defined by CFA Contract No. 16435 dated May 24, 1988) paid or incurred by Owner in designing or constructing any of the water improvements (the "Water Improvements"). All such refunds and credits shall be payable to Owner for a period of twenty (20) years after the respective improvements are completed unless the rights to such refunds and credits have been assigned by Owner. (a) Owner shall receive refunds ("Front Foot' Refunds") from front foot charges assessed or charged by the City for connections to and extensions from the Water Improvements. Front Foot Refunds will be payable on an annual basis for the previous year upon written request from Owner, and such requests may cover periods in excess of one year. The City will hold unrefunded front foot charges for one additional year. If Owner -does not request Front Foot Refunds in writing at the end of the additional year, such refunds shall be forfeited to the City. Minutes of City Council M-3 Page 412 413 TUESDAY, AUGUST 8, 1989 Ordinance No. (b) In addition to Front Foot Refunds, Owner shall also 10357 cont. receive refunds ("User Refunds") as users commence service from taps into the Water Improvements. User Refunds will be paid from the revenues generated by such users. A User Refund will be payable to Owner for each platted development (a "Development") located in the Annexed Area which taps into the Water Improvements. The User Refund for each Development shall be an amount equal to 15% of the City's then -existing front foot charge multiplied times the front footage (as defined in the City's Policy for the Installation of Community Facilities) of the platted property. The User Refund for each Development will be payable to Owner pro rata on a front foot basis when users in the Development tap into the Water Improvements until 50% of the Development (determined on a front foot basis) has tapped into the Water Improvements, at which time the balance of the User Refund for the Development will be payable to Owner. The balance of the User Refund shall be 15% of the then -existing City front foot charge multiplied times the front footage (as defined above) of platted property in the Development for which a User Refund has not been paid. User Refunds will be made in the same manner as Front Foot Refunds described above. (c) In addition to the City's cost sharing for the oversizing of on-site water main facilities, the City's share of such on-site water facilities will be increased by a credit (the "Onsite Credit") as described below. The Onsite Credit shall be applicable to any of the Water Improvements constructed in the American Facility or the Annexed Area pursuant to any CFA. The Onsite Credit shall be an amount equal to 10% of the City's then -existing front foot charge multiplied times the front footage (as defined above) of the platted property. The Onsite Credit will apply to each phase of development at the time the CFA for the Water Improvements within such phase is executed.. Payment by the City will be in accordance with the City's Policy for the Installation of Community Facilities. No Onsite Credit will be paid Owner until the the respective Water Improvements covered by the applicable CFA have been completed and accepted by the City. (d) Notwithstanding Owner's right to Front Foot Refunds, User Refunds, and Onsite Credits, in the event future City Policy for the Installation of Community Facilities changes, Owner shall have the opportunity to take advantage of such changed policy, in which case Owner and the City agree to cooperate in an attempt to apply such changed policy to any of the Water Improvements then existing or under construction; provided, however, that nothing contained herein shall be construed so as to require the City to apply such changes to Owner. Any such agreement shall be a separate agreement between Owner and the City and be subject to the approval of the City Council. (6) As development and construction commence within the Annexed Area, the City will use its best efforts to provide, or obtain a low cost source of, irrigation water for property owners within the Annexed Area. The City hereby consents and agrees that such owners shall have the right to drill water wells and accumulate surface water for.irrigation purposes and to do so without charge; provided such owners obtain all permits required by state and local laws. (7) The City agrees that if for any reason it refuses, fails, or is otherwise unable to provide to the Annexed Area the water services, facilities, and improvements required by this Service Plan, the City agrees, in concept, to sell, (to any incorporated municipality, taxing or assessment district, or local improvement district that serves the Annexed Area) water as contemplated in Paragraphs I(2), I(3), and I(4) above. Any such sale shall be upon terms, conditions, and prices at least as favorable (individually and in the aggregate) as those given to other entities similarly situated. J. SANITARY SEWER SERVICES: (1) Connections to existing City sanitary sewer mains for sanitary sewage service within the Annexed Area will be provided in accordance with existing City ordinances and policies. Upon connection to existing sanitary sewer mains, Minutes of City Council M-3 Page 413 414 TUESDAY, AUGUST 8, 1989 Ordinance No. sanitary sewage service will be provided at normal rates 10357 cont. (including tap fees, front foot fees, access fees, or other similar charges or feesin effect from time to time) established by City ordinances for such service throughout the city. (2) The City shall use public funds to construct or cause to be constructed major sewer facilities including all waste water treatment facilities, trunk lines, approach mains (including an approach main to the perimeter of the Annexed Area along Elizabeth Creek), and ancillary facilities in connection therewith (including, without limitation, lift stations, force mains, and metering facilities) to provide sewer service with adequate capacity based on the characteristics of topography, proposed land utilization, and projected population density within the Annexed Area. The sewer facilities contemplated by this Paragraph J(2) shall be constructed when justified by development, as determined by the City. (3) As development and construction commence within the Annexed Area, all sewer facilities and improvements (other than the major sewer facilities described in Paragraph J(2) above) will be extended by the property owners in accordance with provisions of the subdivision ordinance, community facility agreement policies, ordinances, and regulations of the City. City participation in the costs of these extensions shall be in accordance with the City's standard cost participation guidelines and policies set forth in the respective CFAs, the terms, conditions, and duration of which CFAs will be executed prior to beginning construction. Such facilities and improvements shall be constructed on a schedule that is consistent with the development of the Annexed Area. (4) The City hereby consents and agrees that Owner shall have a right (subject to applicable health standards and requirements) to construct sewage septic systems within the American Facility and the Annexed Area until such time as the services contemplated by this Service Plan are made available; provided Owner obtains all permits required by state and local laws. - Owner agrees that as to any property it owns at the time sanitary sewer facilities become available (as comtemplated by Section 35-135 of the Code of the City (1986), as amended) and which property is served by a septic system, to connect such property to the sanitary sewer system upon the request of the City. Further, Owner agrees to use reasonable efforts to include such requirement in any deed(s) transferring any property within the Annexed Area covered by this Service Plan. Wastewater system facility access fees shall be due upon each connection being made. (5) The City agrees that if for any reason it refuses, fails, or is otherwise unable to provide to the Annexed Area the sewer services, facilities, and improvements required by this Service Plan, the City agrees, in concept, to sell, (to any incorporated municipality, taxing or assessment district, or local improvement district that serves the Annexed Area) sewer, services sufficient to meet the near term and future needs of the Annexed Area. Any such sale shall be upon terms, conditions, and prices at least as favorable (individually and in the aggregate) as those given to other entities similarly situated. K. OTHER IMPROVEMENTS: (1) ACCESS TAXIWAY. Owner shall dedicate or cause to be dedicated to the City (at no cost to the City) all of the land required for the right of way for a public taxiway (the "Access Taxiway") to be constructed from the Airport to serve the American Facility and other property in the vicinity of the Airport. Subject to the approval of the City Plan Commission, if required, this taxiway shall be located, designed, and constructed in substantial compliance with Exhibit B attached hereto. If the design or location shown on Exhibit B is demonstrated to be infeasible based on engineering or environmental constraints identified in studies approved by the City Council of the City or by the Federal Aviation Administration, or if such design or location is otherwise unacceptable to the Federal Aviation Administration, in either of which cases the City and Owner will 'revise the design or location in a mutually agreeable manner that is acceptable to the Federal Aviation Administration. The City agrees to use its best efforts to take all steps necessary to obtain all required governmental approvals as soon as possible. Minutes of City Council M-3 Page 414 415 TUESDAY, AUGUST 8, 1989 rdinance No. Construction shall be completed prior to the date the American 0357 cont. Facility becomes operational. If other public funds (including, but not limited to, impact fees, front foot fees, assessments, or other charges imposed by the City on land owners outside the Annexed Area) are not available or are insufficient, this taxiway will be constructed at the City's expense. (2) NORTHLAKE. Owner, at its expense, will construct the lake designated as "Northlake" on Exhibit C attached hereto. Construction will begin as soon as possible. L. MISCELLANEOUS: (1) Any facility or building located within the Annexed Area and acquired by the City to provide municipal services to the Annexed Area will be maintained by the City commencing on the date of use or the effective date of annexation, whichever occurs later. (2) General municipal administrative services of the City shall be available to the Annexed Area beginning on the effective date of annexation. (3) The City agrees to furnish the services prescribed by this Service Plan for a period of twenty-five (25) after the effective date of annexation. In the event the City fails or refuses to provide or to cause the services prescribed herein to be provided within the time specified in the Service Plan, a majority of the qualified voters within the Annexed Area shall be entitled to petition for disannexation pursuant to and in accordance with the requirements of Section 43.141 of the Local Government Code. (4) If any term or provision of this Service Plan is found or held to be illegal or unenforceable in any respect, such illegal or unenforceable term or provision shall be deleted from this plan, and the remainder of this plan shall be interpreted and enforced as fully as if such illegal or unenforceable term or provision had never been a part of this plan. (5) - The failure of Owner or residents within the Annexed Area to exercise any rights or remedies granted by this Service Plan or by the Code shall not constitute a waiver of such rights or remedies or of any duty or obligation of the City and shall not prejudice or impair the concurrent or subsequent exercise of any of Owner's or such residents' rights or remedies. (6) Nothing contained in this Service Plan shall be construed as prohibiting the City from enacting an impact fee district pursuant to Article 1269j - 4.11, Revised Civil Statutes of Texas (enacted as S.B. 336, Political Subdivisions -Capital Improvements - Financing, effective June 20, 1987 as amended from time to time); however, Owner shall not be required to pay any impact fees or other capital recovery fees or charges in any form assessed or charged against any part of the Annexed Area in connection with the engineering, design, or construction of Alliance Boulevard, Heritage Boulevard, Eagle Parkway, or Avion Road (as more particularly described in the Community Facilities Agreements approved by the City Council of the City on August 8, 1989) or in connection with any capital improvements or facility expansions required by Paragraphs H(3)(a), H(3)(b), H(3)(c), I(2), I(3), J(2), or K(1) of this Service Plan. The exemption from payment set forth in the preceding sentence shall not apply to wastewater system facility access fees (as provided for in Section 35-58.1 of the Code of the City (1986), as amended) or to water system facility access fees (as may be provided by the Code in the future). Notwithstanding the foregoing, however, in the event impact fees are used to recover from third parties the engineering, design, or construction costs of Alliance Boulevard, Heritage Boulevard, Eagle Parkway, Avion Road, or the Access Taxiway, Owner shall have the option of recovering its share of the cost thereof from such impact fees (to the maximum extent permitted by state law) or from any other form of capital recovery from time to time in effect. (7) Whenever this Service Plan requires design and construction standards to be jointly developed by the City and Owner for capital improvements to be constructed in whole or in part using public funds, Owner shall have the right to review and comment on all drawings, specifications, and other Minutes of City Council M-3 Page 415 TUESDAY, AUGUST 8, 1989 rdi nance No:.. matters related to such standards, and the City shall use its 0357 cont. best efforts to include or incorporate Owner's comments. In the event of any disagreement between the City and Owner regarding such standards, the City and Owner agree to use their respective best faith efforts to resolve such disagreement; however, if such resolution is not possible, the standards selected and approved by the City shall control and be deemed to have been "jointly developed" as required by this Service Plan. (8) The parties agree to use their best efforts to obtain Federal Aviation Administration, state, or other non -City public funds to construct the improvements required by this Service Plan to be funded, in whole or in part, by the City; however, their failure to do so will not relieve the City of its obligations as set forth herein. The City will give construction of such improvements the highest possible priority for the expenditure of City funds currently available (and budgeted by the City Council for such improvements) from any source. In the event current City funds are not available or are insufficient, the City will attempt to meet its obligations by the issuance of certificates of obligation to the extent permitted by law. Provided, however, as to the City's performance of its obligations under this Service Plan, Owner acknowledges and agrees that the City is a governmental entity and because of statutory, constitutional, and City charter, provisions, the City cannot commit to the payment of funds for the City's obligations described herein beyond its current fiscal year. Therefore, the obligations of the City described herein are subject to and conditioned upon the City Council of the City appropriating for each fiscal year sufficient funds to pay for the obligations of the City to be performed during such fiscal year. (9) Subject to approval by the City Council, the City will execute a standard encroachment agreement with Owner (or easement where appropriate) for the placement of utilities and other public services contemplated by this Service Plan, the costs for which shall be prescribed by the applicable City ordinances or, if required by law, shall be equal to the fair market value of such as prescribed by Section 272.001 of the Local Code. (10) By this Service Plan Owner hereby requests the City to confirm, and the City does hereby confirm, the access rights granted to the American Facility and the Annexed Area by City Ordinance No. 10113 (adopted by the City Council of the City on May 17, 1988). The City agrees to duly execute, acknowlege, and record a Grant of Access Right applicable to the American Facility and the Annexed Area pursuant to the provisions of, and in the form provided by, such ordinance. (11) If it is necessary for the City to condemn railroad property, the Owner shall reimburse the City the entire cost of the condemnation process, including attorney fees plus any other costs associated with the right-of-way and or easement acquisition. The City agrees to initiate immediately (and complete as soon as possible) all steps necessary to obtain from the Atchison, Topeka, and Santa Fe Railway Company an agreement permitting a railroad crossing from Eagle Parkway to FM -156. (12) This Service Plan shall be binding upon and inure to the benefit of Owner and the City and its respective successors, assigns, and transferees. Any obligations of the City contained in this Service Plan shall bind any operator, manager, or lessee of all or in part of the Airport, and the City agrees to include such a provision in all contracts with any such operator, manager, or lessee. Any right ,granted to Owner by this Service Plan may be assigned to and exercised by any affiliate, assignee, transferee, or successor of Owner. l (13) Pursuant to this Service Plan, Owner will dedicate or cause to be dedicated to the City (at no cost to the City) substantial amounts of land for public purposes.: The City agrees that all such dedications are conditioned upon the right of Owner, at its expense, to upgrade the design of both public and private improvements (including landscaping) constructed on such land. Owner agrees that its design upgrades will incorporate published engineering, design, and construction standards of the City. The City agrees that Owner may participate in selecting architects, engineers, and consultants who will be involved in the design and construction of such improvements. The City further agrees Minutes of City Council M-3 Page 416 417 TUESDAY, AUGUST 8, 1989 Ordinance No. that Owner may participate in developing the technical 10357 cont. standards applicable to the selection of such architects, 5.5 MG Fleetwood engineers, and consultants. The City, at its expense and with Ground Storage the participation of Owner, will prepare a preliminasry design Tank to Tank Build- and a preliminary cost estimate for each of such improvements. ers, Inc. Owner shall have a period of 30 days afterobtaining such information within which to review it. The City agrees to use its best efforts to accomplish any reasonable revisions suggested by Owner that are within the City's overall budget constraints for the improvements. ;If the City.is unable to MAC FP -2598 re complete replace- accomplish Owner's suggested revisions because of budget ment and disposal constraints, Owner shall have the right, at its expense, to of Transformers at ,revise the City's preliminary design provided Owner agrees to Water Department reimburse the City for any increases in design and Facilities to construction costs directly attributable to Owner's revisions. Shermco Industries, Such revisions shall be subject to the prior approval of the Inc. City. (14) In the event Owner determines that a public improvement district is desirable to install and maintain landscaping and other improvements and services to serve the Annexed Area, the City agrees to cooperate with Owner in the formation of such a district. In the event Owner determines that it is desirable MAC FP -2599 re to include all or any portion of the Annexed Area in a state complete construc- or federal enterprise zone, the City agrees to cooperate with tion of the Fire Owner in the formation of a such a zone or the inclusion of Simulation Labor- the land in an existing zone. MAC FP-259re complete Halbert lbert There was presented Mayor and Council Communication No. FP -2596 from the City Street Improvements .Manager stating that Halbert Street improvements from Martha to Normandy have been from Martha to completed in accordance to plans and specifications under Contract No. 16809 awarded to Normandy to Bob Bob Moore, Inc., on November 8, 1988; and recommending that the City Council accept as Moore, Inc. complete Halbert Street improvements from Martha to Normandy and authorize final payment in the amount of $2,936.79 to Bob Moore, Inc., with funds available in Street Improvements Fund 30, Retainage Account No. 205-016809. MAC FP -2597 re complete Centreport There was presented Mayor and Council Communication, No. FP -2597 from the City 5.5 MG Fleetwood Manager stating that the Centreport 5.5 MG Fleetwood Ground Storage Tank has been Ground Storage completed in accordance with plans and specifications under Contract No. 16151 awarded Tank to Tank Build- to Tank Builders, Inc., on November 24, 1988; and recommending that the City Council ers, Inc. accept as complete the Centreport 5.5 MG Fleetwood Ground Storage Tank and authorize final payment in the amount of $42,646.86 to Tank Builders, Inc., with funds available in Water Capital Improvement Fund 09, Retainage No. 205-016151 and Contract Encumbrance 16151, Index Code 000091. It was the consensus of the City Council that the recommendation be adopted. MAC FP -2598 re complete replace- There was presented Mayor and Council Communication No. FP -2598 from the City ment and disposal Manager stating that the replacement and disposal of; transformers at Water Department of Transformers at facilities have been completed in accordance with plans and specifications under Water Department Contract No. 16248 awarded to Shermco Industries, Inc., on December 18, 1987; and Facilities to recommending that the City Council accept as complete replacement and disposal of Shermco Industries, transformers at. Water Department facilities; authorize final payment in the amount of Inc. $14,616,08 to Shermco Industries, Inc., and approve Change Order No. 3 allowing an extension of 92 calendar days due to delays caused by cold weather and resulting main breaks preventing transformers from being exchanged at the Holly Plant in February 1989, and a delay at the 8th Avenue pump station where the transformer was in use to control the south side reservoir valve. It was the consensus of the City Council that the recommendations be adopted. MAC FP -2599 re There was presented Mayor and Council Communication No. FP -2599 from the City complete construc- Manager stating that construction of the Fire Simulation Laboratory has been completed tion of the Fire in accordance with plans and specifications under Contract No. 16892 awarded to Simulation Labor- Architectural Utilities, Inc., on January 13, 1989; and recommending that the City atory to Architect- Council accept as complete construction of the Fire Simulation Laboratory and authorize ural Utilities, Inc.' the release of retainage and final payment on City Secretary Contract No. 16892 in the amount of $16,481.00 to Architectural Utilities, Inc., with funds available in Public Safety Fund 07, Retainage Account No. 205-016892 and Contract Encumbrance No. 16892A, Project No. 011100-00. It was the consensus of the City Council that the recommendations be adopted. Adjourned There being no further business, the mnct;nn utac ariimir»noA IICITY SECRETARY Minutes of City Council M-3 Page 417