HomeMy WebLinkAbout1989/08/15-Minutes-City CouncilCITY COUNCIL MEETING
AUGUST 15, 1989
Council Met On the 15th 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:
Members Present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., and
Virginia Nell Webber; City Manager Douglas Harman; City Attorney Wade Adkins; City
Secretary Ruth Howard; Council Member David Chappell absent; with more than a quorum
present, at which time the following business was transacted:
I nvocati on
The invocation was given by Dr. Bob Martin, Interim Pastor of St. Stephen's
Presbyterian Church.
Pledge of
The Pledge of Allegiance was recited.
Allegiance
Minutes of August
On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the
8, 1989 approved
minutes of the meeting of August 8, 1989, were approved.
Summer Reading
The Fort Worth Library Department presented Sumner Reading Club Certificates.
Club Certificates
Introduced a
Council Member Zapata introduced a resolution and made a motion that it be
Resolution
adopted. The motion was seconded by Council Member McCray. The resolution was read by
Mayor Bolen. The motion, carrying with it the adoption of said resolution, 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 resolution, as adopted, is as follows:
Resolution No.
RESOLUTION NO. 1454
1454
WHEREAS, since his birth in Lubbock, Congressman Mickey
Leland lived by values that he described as doing what his heart
knows is right, regardless of consequences; and,
WHEREAS, Congressman Leland, from a childhood in
Houston's Fifth Ward became a pharmacist before embarking on a
successful political career that took him first to the Texas
Legislature in 1973 and in 1978 to the United States House of
Representatives; and,
WHEREAS, Congressman Leland, as a State Legislator,
became a part of the growing Black caucus which sought more
representation for the Black community in Texas and fought for
state legislation which allowed the use of cheaper generic drugs in
Texas and health maintenance organizations; and,
WHEREAS, as a United States Representative, Congressman
Leland championed minority ownership of broadcast properties,
fought South African apartheid, sought aid for the homeless, and
other causes that benefitted the people of the United States and
the world; and,
WHEREAS, no cause was closer to the heart of Congressman
Leland than the plight of world refugees, particularly those in
Ethiopia, whom he tried valiently to assist through the House
Select Committee on Hunger which he convinced his Congressional
colleagues to create and whose work he was carrying out when death
struck: NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS,
That the family of Congressman Mickey Leland be given the
condolences of the City of Fort Worth as it shares witf them the
grief resulting from the loss of a deeply respected and outstanding
leader of the United States of America:
BE IT FURTHER RESOLVED, that a copy of this memorial
resolution be spread upon the minutes of the City Council: and that
a copy be furnished to the family of Congressman Leland as an
expression by the City Council of its sympathy.
Consent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
approved consent agenda was approved.
Minutes of City Council M-3 Page 418
'119
TUESDAY, AUGUST -I5,--1989
Liability Bonds
It was the consensus of the City Council that the following bonds be
approved
approved:
CONTRACTORS BONDS INSURANCE COMPANY
Steve W. Allen Contracting, Inc. Western Surety Company
CEMENT BONDS
Gordon Patten dba Western Surety Company
Patten Construction Co.
Donjr Concrete Construction, Inc. Universal Surety of America
J.R. Cantu, Inc. Lawyers Surety Corporation
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:
State Farm
1. Claimant: State Farm Insurance Company
Insurance Company
- (Marilyn Arthur)
Date Received: August 8, 1989
Date of Incident: May 12, 1989
Location of Incident: 121 and Sylvania
Estimate of Damages/
Injuries: $279.19
Nature of Incident: Claimant alleges subrogation rights
for its insured's (Michael Hunter)
property; alleges auctioning of
insured's vehicle.
Darren Christopher
2. Claimant: Darren Christopher Laughlin
Laughlin
Date Received: August 8, 1989
.Date of Incident: July 31, 1989
Attorney: Don Shelton McDaniel
Location of Incident: 800 N. Dick Price Road
Estimate of Damages/
Injuries: In excess of $250,000.00
Nature of Incident: Claimant alleges damages and
injuries as the result of an
accident involving a City -owned
vehicle (Communications truck).
Johnny Lee Cunning
3. Claimant: Johnny Lee Cummings
Date Received: August 9, 1989
Date of Incident: July 5, 1989
Attorney: Russell, Turner, Laird, Barkholtz &
Jones (L.E. (Lou) Barkholtz)
Location of Incident: Intersection of 700 Foch Street and
2700 W. 7th Street
Estimate of Damages/ il
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and
injuries as the result of an
accident involving another City
employee.
Paul Martinez
4. Claimant: Paul Martinez Barrera
Barrera
Date Received: August 9, 1989
Date of Incident: Approximately November 1987
Location of Incident: 2106 Pearl Avenue
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to tree on
his property as result of actions
of Water Department employees.
Kelly Schmeits
5. Claimant: Kelly Schmeits
Date Received: August 9, 1989
Date of Incident: June 12, 1989
Location of Incident: 6800 block of Chickering
Estimate of Damages/
Injuries: $45.00
Nature of Incident: Claimant alleges damages to his
automobile as the result of street
conditions.
Michael C. Washing
6. Claimant: Michael C. Washington
ton
Date Received: August 9, 1989
Date of Incident,: Undeclared
Location of Incident: 1121 E. Cantey St.
Estimate of Damages/
Injuries: Undeclared
Minutes of City Council M-3 Page 419
420
TUESDAY, AUGUST 15, 1989
Michael C.
Nature of Incident:
Claimant alleges injuries
as the
Washington Claim
Date of Incident: June 27, 1989
..result of street exploding.
Attorney: Lollar, Phillips & Factor, P.C.
cont.
(Juan Blanco, Jr.)
Location of Incident: Sidewalk of 1400 8th Avenue
David H. Rankin
7. Claimant:
David H. Rankin
Injuries: Undeclared
Date Received:
August 9, 1989
result of falling into hole in
Date of Incident:
June 1989
10. Claimant: Sheila Raye Sumpter
Sumpter
Location of Incident:
5001 Bryce Avenue
Date of Incident: July 7, 1989
certificate of
Estimate of Damages/
the Village Creek
Estimate of Damages/
138 kv trans
Injuries:
Undeclared
Nature of Incident: Claimant alleges damages to her
Mr. coleman W.
Nature of Incident:
Cl aimant al l eges damages
to his
zone
referred to the Office of the City Manager.
property as the result of the
sewer
Bank Fort worth
requesting that the City Council authorize the release of securities, as follows:
line being worked on.
Bobby L. Williams
8. Claimant:
Bobby L. Williams
GULF COAST WAS DIS 06/01/94 402230BQ8 $200,000.00
Date Received:
August 3, 1989
Date of Incident:
Undeclared
Location of Incident:.
Ever at Marion
Estimate of Damages/
Injuries:
$10,590.00 - $19,304.00
Nature of Incident:
Claimant alleges damages
to his
-
automobile as the result of
street
conditions.
Tommie Carter, Jr
9. Claimant: Tommie Carter, Jr.
Date Received: August 7, 1989
Date of Incident: June 27, 1989
Attorney: Lollar, Phillips & Factor, P.C.
(Juan Blanco, Jr.)
Location of Incident: Sidewalk of 1400 8th Avenue
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries as the
result of falling into hole in
sidewalk.
Sheila Raye
10. Claimant: Sheila Raye Sumpter
Sumpter
Date Received: August 7, 1989
Browder re
Date of Incident: July 7, 1989
certificate of
Location of Incident: Highway 35S
the Village Creek
Estimate of Damages/
138 kv trans
Injuries: $126.02 - $154.84
mission line
Nature of Incident: Claimant alleges damages to her
Mr. coleman W.
automobile as the result of a rock
Smith re flood
.flying from a truck (Public Works).
Thomas C. Palmer 11. Claimant: Thomas C. Palmer
Date Received: August 7, 1989
Date of Incident: February 17, 1989 and March 29,
1989
Location of Incident: 6220 Curzon
Estimate of Damages/
Injuries: $3,338.85
Nature of Incident: Claimant alleges damages to his
property as the result of sewer
backup.
Ronald J. Shabbott
12. Claimant: Ronald J. Shabbott
Date Received: August 7, 1989
Date of Incident: August 1, 1989
Location of Incident: _I-30 and Cherry Lane
Estimate of Damages/
Injuries: $1,148.89
Nature of Incident: Claimant alleges damages to his
automobile as the result of an
accident involving a City -owned
vehicle (Park and Recreation
truck).
Correspondence
There was presented correspondence from Mr. R.H. Browder, Fort Worth Region
from Mr. R.M.
Manager of TU Electric, giving notice of its intent to obtain a certificate of
Browder re
convenience and necessity for the Village Creek 138 kv transmission line. It was the
certificate of
consensus of the City Council that the correspondence by referred to the Public
the Village Creek
Utilities Director. --
138 kv trans
E
mission line
There was presented correspondence from Mr. Coleman W. Smith, 4912 Birchman,
Mr. coleman W.
requesting that the City of Fort Worth purchase his property which is located within a
Smith re flood
flood zone. It was the consensus of the City Council that the correspondence be
zone
referred to the Office of the City Manager.
Texas Commerce
There was presented correspondence from Texas Commerce Bank Fort Worth, N.A.,
Bank Fort worth
requesting that the City Council authorize the release of securities, as follows:
N.A. re release
of securities
GULF COAST WAS DIS 06/01/92 40223OBN5 $200,000.00
GULF COAST WAS DIS 06/01/94 402230BQ8 $200,000.00
Minutes of City Council M-3 Page 420
/19"1
TUESDAY, AUGUST 15, 1989
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the
'request of Texas Commerce Bank Fort Worth, N.A. for the release of the above -listed
securities be granted. When the motion was put to a vote by the Mayor, it prevailed by
the following vote:
AYES: Mayor Pro tempore ,Gilley; Council Members Zapata, Granger,
McCray, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Mayor Bolen and Council Member Garrison
M&C. G-8160 re There was presented Mayor and Council Communication No. G-8160 from the City
Vehicles for Hire Manager, as follows: • - ;
adoption of Ordinan e SUBJECT:. ADOPTION OF ORDINANCE AMENDING 'SECTION 34-139, CHAPTER
34, VEHICLES FOR HIRE, OF THE CITY CODE'
1
RECOMMENDATION:
It is recommended that the City Council adopt the attached
ordinance amending Section 34-139 of Chapter 34 of the Code of the
City of Fort Worth (1986), as amended, to reflect the changes
described herein.
DISCUSSION:
In December 1988, the City Council instructed the City staff to
review Chapter 34 of the City Code as that chapter relates to the
granting of franchises for taxicab operations in the City, and to
recommend a method which would facilitate the entrance of
additional taxicab operations into the City.
The City staff has reviewed Chapter 34 of the City Code, as well as
ordinances regulating taxicab operations in the cities of Dallas,
Arlington, Houston, Austin, Irving and in San Diego, California,
and Louisville, Kentucky, as well as the taxicab rules and
regulations at D/FW International Airport. Following these reviews,
the City staff prepared the attached proposed amendment and has met
with and explained the proposed amendment to representatives of
Fort Worth Cab and Baggage Company, American Cab Company, and
Express Taxi Company. Fort Worth Cab and Baggage and American Cab
are the only existing franchise holders in the City. Express Taxi
now has a taxicab franchise application pending with the City.
Section 34-139 of the City Code relates to the application for
taxicab franchises in the City and presently provides that if the
City Council finds that the public necessity and convenience
require the operation of the number of taxicabs applied for, or a
lesser number, and that the applicant is fit and qualified, morally
and financially, to conduct the business,'and that the general
welfare of the citizens of the City will best be served by addition
of more taxicabs, and that all other requirements have been fully
complied with by the applicant, then the City shall give the
holders of existing franchises a period of thirty days within which
to add a sufficient number of taxicabs to their operating fleets to
take care of the need found to exist by the City Council. If within
the thirty -day period, such taxicabs are added and so located as to
fill adequately the need found to exist, then the City Council
shall refuse the application. However, if the then holders of
franchises fail to obtain the additional taxicabs needed and to so
locate them as to adequately fulfill the existing need within the
thirty -day period, then the City Council shall, by ordinance, grant
to the applicant a franchise authorizing the applicant to operate
the number of taxicabs, specified by the City Council.
The proposed amendment, if adopted, will delete from Section 34-139
the so-called "right -of -first -refusal" allowed present franchise
holders, and will provide that if the City Council finds that the
public necessity and convenience require the operation of taxicabs
applied for, or a lesser number, and that the applicant is
qualified, morally and financially, to conduct the business, and
that the general welfare of the citizens of the City will best be
served by the addition of more taxicabs, and that all other
requirements have been fully complied with by the applicant, then
the City Council will grant to the applicant a franchise
authorizing the operation of the number of cabs specified by the
City Council.
Minutes of City Council M-3 Page 421
/122
TUESDAY, AUGUST 15, 1989
M&C G-8160
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the
adopted"i
recommendation, as contained in Mayor and Council Communication No. G-8160, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata,
that Mayor and Council Communication No. G-8160 be reconsidered. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Deputy City Attorney William W. Wood appeared before the City Council and
advised the City Council that the proposed amendment to Section 34-139, Chapter 34, of
the Fort Worth City Code would eliminate the 30 -day waiting period for applicants for a
vehicles for hire franchise, during which 30 -day period an existing vehicles for hire
franchise holder can add any additional taxicabs needed to support the market.
Council Member Zapata made a motion, seconded by Council Member Webber, that
the recommendation, as contained in Mayor and Council Communication No. G-8160, be
denied.
Mr. Sam Rosen
Mr. Sam Rosen, representing Fort Worth Cab and Baggage Company, appeared
re M&C G-8160
before the City Council and requested that the City Council deny the recommendation
Vehicles for Hire
contained in Mayor and Council Communication No. G-8160.
Mr. james
Mr. James Runzheimer, representing Express Taxi Cab, Inc., appeared before
Runzheimer re
the City Council and requested that the City Council approve the recommendation
M&C, G-8160
contained in Mayor and Council Communication No. G-8160.
Vehicles for Hire
M&C G-8160 denied
When the motion, that the recommendation, as contained in Mayor and Council
Communication No. G-8160, be denied, was put to a vote by the Mayor, it prevailed
unanimously.
Dorothy Truelove,
ore,Wilb
Mesdames Dorothy Truelove, Viola Pitts, and Wilba Alaman appeared before the
Viola Pitts,
City Council and presented petitions for funds for the enlargement of Como
Alaman re presen-
Multi -Purpose Center.
ted petitions for
There was presented Mayor and Council Communication No. G-8161 from the City
funds for the
Manager stating that Mr. Gordon Swift and Henry Simon, Monroe Street Joint Venture and
enlargement
Como Multi-Purpos
owners of Lot 1, and Mike Pyles, Land Agent for the City of Fort Worth, owner of Lot 4,
Center
Block 2, Hirshfield Addition, have requested that the City allow the physical closure
M&C G-8161 re
� of the north 100 feet of. an 18 -foot wide alley; that the physical' closure requested is
physical closure
made in order to use the alley as a playground for the children's day care center
for alley between
located at 900 Monroe Street; and recommending that the City Council adopt a resolution
Lot 1 and 4,
physically closing, by means of locked gates as approved by the Transportation and
block 2
Public Works Department, the north 100 feet of an 18 foot wide alley located between
Lots 1 and 4, Block 2, Hirshfield Addition, as recorded in Volume 560, Page 246,
P.R.T.C.T.
Mrs. Doris Swift
Mrs. Doris Swift, representing the children's day care center located at 900
M&C G-8161
Monroe Street, appeared before the City Council and requested that the City Council
give favorable consideration to the physical closing of an alley in Lots 1 and 4,
Block 2, Hirshfield Addition, and advised the City Council that a ten foot tall cyclone
fence will be installed.
Mr. Gordon Swift Mr. Gordon Swift, representing the children's day care center located at 900
M&C G-8161 Monroe Street, appeared before the City Council and advised the City Council that the
State of Texas is requiring the day care center to install a playground as a condition
for continuance of the day care center, and requested that permission be granted for
one year.
Council Member Zapata made a motion, seconded by Council Member Granger, that
the recommendation, as contained in Mayor and Council Communication No. G-8161, be
adopted and that physical closure be approved for a period of one year. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced a Council Member Zapata introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded by Council Member Granger. The motion, carrying with
it the adoption of said resolution, 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 resolution, as adopted, is as follows
Resolution No. RESOLUTION NO. 1455
1455
WHEREAS, all abutting property owners have requested by
written and signed petition that the City physically close the
north 100 feet of an 18 foot wide alley right-of-way located
between Lots 1 and 4, Block 2, Hirshfield Addition to the City of
Fort Worth as shown on plat recorded in Volume 5603, Page 246, Plat
Records, Tarrant County, Texas; and
Minutes of City Council M-3 Page 422
443
TUESDAY, AUGUST 15, 1989
Resolution No.
1455 cont. WHEREAS, the Plan Commission of the City of ,Fort Worth
has reviewed this request and recommends that the subject portion
of the alley be closed as requested, subject to.certain conditions;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
That the North 100 feet of an 18 foot wide alley located
between Lots 1 and 4, Block 2, Hershfield Addition to the City of
Fort Worth, Texas, be physically closed with locked gates at the
expense of the abutting property owner, Monroe Street Joint
Venture, with the City to retain title to the public right-of-way
in said alley, retaining any and all easements for existing and
prospective utilities, and retaining the right of access at all
times for City and private utility maintenance vehicles for the
purpose of maintaining existing and prospective utility facilities
located in the aforesaid portion of said alley.
1. Reduce the amount of the average total ambulance bill for
emergency transports from $387 to $312, effective August 16,
1989; -
2. Cease using the City's subsidy to finance the policy accepting
Medicare assignments, effective August 18, 1989;
3. Cease using the.City's subsidy to discount the standard
subscription membership fee of $49 per household;
4. Approve a subsidy of $1,188,287 for the City's 1989-90 fiscal
year; and,
5. Exercise the option to reduce the City's subsidy by $135,927,
effective October 1, 1990.
IICouncil Member Granger advised the City Council that she has a conflict of
interest with voting on Mayor and Council Communication No. G-8162.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that Council Member Granger be permitted to abstain from voting on Mayor and Council
Communication No. G-8162, Approval of City of Fort Worth Ambulance Rates/Subsidy
Trade -Off Options. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison,
that the recommendation, as contained in Mayor and Council Communication No. G-8162, be
Minutes of City Council M-3 Page 423
In addition, the City reserves the right at the sole
discretion of the City Council to reopen by resolution the
aforesaid alley right-of-way to public travel by directing the
removal of the aforesaid locked gates, all costs and expense of
said removal to be borne by the aforesaid abutting property owner.
Provided, however, that City shall give the abutting property
owner, Monroe Street Joint Venture, one (1) year's notice in
writing of such reopening.
Provided further that all conditions as recommended by
the City Plan Commission in its approval of this request on
June 28, 1989, shall be complied with before this closure shall be
effective.
M&C G-8162 re
There was presented Mayor and Council Communication No. G-8162 from the City
notification to
Manager stating that the City of Fort Worth on August 1, 1988, along with 13 other
Area Metropolitan
Tarrant County municipalities, became a member of the Area Metropolitan Ambulance
Ambulance Authori t
Authority; that each member retains the option to make a decision annually regarding
of intent to
the level of its rates and/or subsidy; that the City Council adopted a policy on
excercise price/
November 8, 1988, by Mayor and Council Communication No. G-7811 that implemented
subsidy options
changes to be made on January 1, 1989, increasing Fort Worth's average total ambulance
relating to the
bill for emergency transports from $312.00 to $385.00; reducing the membership
delivery of am-
subscription fee for Fort Worth citizens over age of 60 from $49.00 to $20.00; and
bulance service ,
authorized MedStar to accept assignment on Medicare -eligible claims for Fort Worth
residents only; that the City Council was briefed on the impact of these changes on
August 8, 1989, and, after seven months of monitoring, it has been concluded that the
policy changes have resulted in a drain on the systems revenues; that staff is
recommending the policy be rescinded and the rate and subsidy levels in effect prior to
November 8,,1988, -be restored; that it also is recommended that the 1989-90 fiscal year
budget remain at the current subsidy level of $1,188,287.00; and that, additionally, it
is recommending the AMAA be notified on the City's intention to exercise its option to
reduce the subsidy of $135,927.00, effective October 1, 1990; that no additional
funding will be needed for these changes; and recommending that the City Council notify
the Area Metropolitan Ambulance Authority of its intention to exercise the following
price/subsidy options related to the delivery of ambulance service for citizens of Fort
Worth:
1. Reduce the amount of the average total ambulance bill for
emergency transports from $387 to $312, effective August 16,
1989; -
2. Cease using the City's subsidy to finance the policy accepting
Medicare assignments, effective August 18, 1989;
3. Cease using the.City's subsidy to discount the standard
subscription membership fee of $49 per household;
4. Approve a subsidy of $1,188,287 for the City's 1989-90 fiscal
year; and,
5. Exercise the option to reduce the City's subsidy by $135,927,
effective October 1, 1990.
IICouncil Member Granger advised the City Council that she has a conflict of
interest with voting on Mayor and Council Communication No. G-8162.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that Council Member Granger be permitted to abstain from voting on Mayor and Council
Communication No. G-8162, Approval of City of Fort Worth Ambulance Rates/Subsidy
Trade -Off Options. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison,
that the recommendation, as contained in Mayor and Council Communication No. G-8162, be
Minutes of City Council M-3 Page 423
4224.
M&C G-8162 adopte
M&C G-8163 re
surplus land at
DFW Internation-
al Airport for
sale or exchange
M&C G-8163 adopte
M&C G-8164 re
bond fund transfe
for assessment
paving of East
Seminary -Drive fr
Evans Avenue to
Berke Road
adopted.
vote:
AYES:
NOES:
TUESDAY, AUGUST 1!�, 1989
When the motion was put to a vote by the Mayor, it prevailed by the following
Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, Murrin, and Webber
None
ABSENT: Council Member Chappell
NOT VOTING: Council Member Granger
There was presented Mayor and Council Communication No. G-8163 from the City
Manager, as follows:
SUBJECT: ADVERTISEMENT OF 2.436 ACRES OF SURPLUS DFW AIRPORT LAND
FOR SALE OR EXCHANGE '
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to advertise a 2.436 acre parcel of surplus land at DFW
International Airport for sale or exchange, as recommended by the
DFW International Airport Board.
DISCUSSION:
In 1968 the City Councils of the Cities of Fort Worth and Dallas
adopted a concurrent bond ordinance which provided fon the
establishment of DFW International Airport. Section 9.6 of the
ordinance states that the two cities have the right to sell or
otherwise dispose of any property at. DFW Airport which is no longer
necessary for the use of the DFW Airport Board in operation of the
airport. The ordinance further provides that the net proceeds of
any such sale shall be used for the purpose of replacing properties
or equipment at the airport, or shall be deposited into the capital
improvements fund; except that the proceeds from the sales of
surplus land may be distributed to the two cities as a return of
capital.
The Purvis and York Companies of Fort Worth have contacted the DFW
..Airport staff and expressed an interest in acquiring a 2.436 acre
parcel of DFW Airport land in exchange for an adjacent 2.436 acre
parcel owned by Purvis and York. Both parcels are in the vicinity
of the American Airlines headquarters complex. Such an exchange
would square up the boundaries of both the DFW.Airport property and
the Purvis and York property and would make both more usable.
On October 6, 1988, the DFW Airport Board adopted the Resolution
No. 87-238 which declares the 2.436 acre parcel of land to be
surplus to the needs of the airport and requests that the cities of
Fort Worth and Dallas sell or exchange such parcel. Attached is a
copy of the Board's resolution and a map showing the locations of
the DFW Airport parcel and the Purvis and York parcel.
Under state law the DFW Airport parcel cannot be sold for cash or
exchanged without going through an advertising and public bidding
procedure. Because the land is in Tarrant County, the DFW Airport
staff has requested that the City of Fort Worth Department of Real
Property Management advertise the parcel and take bids. Any
proposed sale or exchange would then be presented toi the City
Councils of Fort Worth and Dallas for their approval.
The DFW Airport staff has also requested that if the parcel is sold
for cash that the proceeds be deposited in the capital improvement
fund of the Airport, or if the parcel is exchanged that the land
which is received be designated for use of the DFW Airport Board in
operation of the airport.
FINANCING:
Funds to pay for the advertising are available in Account No.
16-10-00, Index Code No. 044008. The terms of any sale or exchange
shall require the purchaser to reimburse the City of Fort Worth for
all advertising costs.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
recommendation was adopted.
There was presented Mayor and Council Communication No. G-8164 from the City
Manager, as follows:
Minutes of City Council M-3 Page 424
Z12
TUESDAY, AUGUST 15, 1989
M&C G-8164 cont. SUBJECT: AUTHORIZATION OF PROJECT AND ESTABLISHMENT OF BENEFIT
bond fund transfer HEARING DATE FOR THE ASSESSMENT PAVING OF EAST SEMINARY
for assessment DRIVE FROM EVANS AVENUE TO BERKE ROAD
paving of East
Seminary Drive frod RECOMMENDATION:
Evans Avenue to
Berke Road It is recommended that the City Council:
1. approve the following bond fund transfer:
FROM TO AMOUNT REASON
94-009905-00 67-040120-00 $285,077.53 To provide funds
Special East Seminary for the property
Assessments Drive owner's share of
Unspecified the street con-
struction.
2. declare the necessity for and order the improvements to East
Seminary Drive from Evans Avenue to Berke Road;
3. authorize the assessment of a portion of the cost of East
Seminary Drive improvements against the owners of the abutting
property,
4. approve the estimate of costs and amounts to be assessed as
stated in the Engineer's Estimate;
5. establish September 19, 1989, as the date of the benefit
hearing;
6. authorize the preparation of assessment Polls and notification
of property owners in accordance with the provisions of
Article 1105b of Vernon's Texas Civil Statutes; and
7. adopt an ordinance reflecting the City Council's authorization
and approval of Items 2 through 6 above, and other applicable
requirements of Article 1105b, Vernon's Texas Civil Statutes.
DISCUSSION:
The 1986-88 Capital Improvement Program approved in March, 1986,
included funds for the improvement of East Seminary Drive from
Evans Avenue to Berke Road. This portion of East Seminary Drive is
abutted by commercial property on both sides of the street. The
State Department of Highways and Public Transportation (SDHPT), as
part of the I-35 improvements, improved East Seminary from I -35W to
Evans Avenue and created an additional lane on the south side of
East Seminary Drive which extends approximately 260 feet east of
Evans Avenue. The improvement by the SDHPT was an 8" concrete
pavement which is relatively new and will not be replaced. The
SDHPT also constructed new concrete curbing and three driveway
approaches within the 260 foot limit. Since these improvements are
in place and will remain so, and there was no City cost sharing
involved, the property owners for Southland Terrace Addition, Block
DR, Block 4R, Lots A and 2, were credited with those improvements
and were assessed only for the proposed improvements to these
properties under normal policy. As a result, the paving rate per
foot was reduced from $51.00/FF to $7.65/FF for Block DR and Block
4R, Lot A, and to $15.81 for 107 linear feet of Block 4R, Lot 2.
This project is located in Council District No. 8.
PROJECT DESCRIPTION:
STREET LIMITS WIDTH/FEET ROW WIDTH/FEET
Variable, Variable,
East Seminary Evans Avenue to 60 feet minimum 80 feet minimum
Drive: Berke Road
PROPOSED IMPROVEMENTS:
It is proposed to improve East Seminary Drive by constructing a 7"
thick reinforced concrete pavement with a 7" high attached concrete
curb on a 6" lime stabilized subgrade so that the finished roadway
width will be variable on a variable right-of-way. Six inch thick
concrete driveway approaches and four inch thick concrete sidewalks
will be constructed where shown on the plans.
ENGINEER'S ESTIMATE OF COST:
Based on the Engineer's cost estimate, the assessment rates have
been established as follows:
Minutes of City Council M-3 Page 425
426'
TUESDAY, AUGUST 15, 1989
M&C G-8164 cont.
7" thick concrete pavement $51.00/LF
7" high attached concrete curb $ 3.11/LF
6" thick concrete driveway approaches $ 2.68/SF
4" thick concrete sidewalks $ 2.14/SF
Drainage $15.83/LF
The assessment rate result in the following division of cost:
Property Owners $285,077.53 (44%)
Fort Worth City $359,062.47 (56%)
TOTAL X644,140.00
AUTHORIZATION OF PROJECT:
In accordance with the provisions of Article 1105b of Vernon's
Annotated Texas Statutes, it is proposed that City Council approve
the estimates of cost for the proposed project, conduct a benefit
hearing and levy assessments for the project.
FINANCING:
Sufficient funds are available as follows for transfers:
FUND PROJECT NO. PROJECT NAME AMOUNT
Special Assessment 009905-00 Special Assessments $285,077.53
Fund 94 Unspecified
Upon approval and completion of Recommendation No. 1, 'sufficient
funds will be available as follows:
FUND PROJECT NO. PROJECT NAME AMOUNT
,
Street Improvement 040120-00 East Seminary Drive $285,077.53
Fund 67
Financing for the City's share of the construction cost will be
established at the time of contract award.
M&C G-8164 adopte On motion of Council Member Webber, seconded by Mayor Pro tempore Gilley, the
recommendations, as contained in Mayor and Council Communication No. G-8164, were
adopted.
Introduced an
Council Member Webber introduced an ordinance and made a motion that it be
Ordinance
adopted. The motion was seconded by Mayor Pro tempore Gilley. 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. 10358
10358
AN ORDINANCE DETERMINING THE NECESSITY FOR AND
ORDERING AND PROVIDING FOR THE IMPROVEMENT OF
EAST SEMINARY DRIVE, FROM EVANS AVENUE TO BERKE
ROAD, HERE I NAF ORDERING A D
APPROVING ESTIMATE OF COSTS; MAKING REVISIONS
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 G-8165 re
There was presented Mayor and Council Communication No. G-8165 from the City
sufficiency
of petitions for
Manager recommending that the City Council receive the petition for reestablishment of
reestablishment
of Fort worth Im-
provement District
No. 1
Minutes of City Council M-3 Page 426
428
TUESDAY, AUGUST 15, 1989
&C G-8165 cont. Fort Worth Improvement District No. 1 and adopt a resolution which takes the following
actions regarding the district:
1. Finds that the petition for reestablishing the district
contains sufficient signatures and meets other requirements of
Chapter 372, Local Government Code, which authorizes the
Council to institute proceedings to reestablish the district:
2. Establishes an advisory body to develop and recommend to City
Council a service, improvement and assessment plan for the
district;
3. Directs the City Manager to prepare the following documents
and information and file the same with the City Secretary:
a. a statement of the general nature of the proposed
improvement and/or services;
b. preliminary estimates of costs.of improvements and/or
service;
C* a map showing boundaries of the district, property to be
assessed, and ownership of property;
&C G-8165 adopted
Introduced a
Resolution
Resolution No.
1456
d. a proposed method of assessment;
e. a proposed apportionment of costs between the improvement
district and the City as a whole; and
f. a statement of the probable maximum benefits to be
conferred on each tract,
4. Proposes that the district be reestablished, and sets
September 5, 1989, as the date for a public hearing before
council concerning the items listed under item 3) above and
the adviseability of recreation of the district.
5. Directs the City Secretary to give notice of the public
hearing.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
recommendations, as contained in Mayor and Council Communication No. G-8165, were
adopted.
Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said resolution, 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 resolution, as adopted, is as follows:
RESOLUTION NO. 1456
WHEREAS, on August 3, 1989, the City Council of the City
of Fort Worth received a Petition for Reestablishment of the Fort
Worth Improvement District No. 1; and
WHEREAS, the City Manager and City Attorney have examined
the Petition to determine whether it includes the necessary
signatures and meets other requirements of Chapter 372, Local
Government Code (the "Public Improvement District Assessment Act"
or "the Act"); and
WHEREAS, on August 15, 1989, the City Manager and City
Attorney reported that the Petition includes the signatures of 59
percent of the property owners, the signatures of the owners of 81
percent of the taxable land area and the signatures of the owners
of property representing 91 percent of the appraised value of the
taxable real property within the area of the proposed public
improvement district, as determined by the current roll of the
Tarrant Appraisal District; and
WHEREAS, the City Manager and City Attorney reported that
the Petition contains sufficient signatures and meets other
applicable requirements of the Act; and
WHEREAS, Section 372.008 of the Act provides that an
advisory body may be established with the responsibility of
Minutes of City Council M-3 Page 427
428
Resolution No.
1456 cont.
TUESDAY, AUGUST 15, 1989
developing and recommending to the City Council a service
assessment and improvement plan for the proposed public improvement
district; and
WHEREAS, Section 372.008 of the Act provides that the
advisory body shall be composed of more than 50 percent of owners
of record of property or record owners of more than 50 percent of
the land area and owners of taxable property representing more than
50 percent of the appraised value of the taxable real property,
including the value of structures and other improvements within the
area of the proposed district; and -
WHEREAS, the composition of the advisory body and
appointments thereto must be approved by the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:.
1. The City Council hereby finds and determines that the
aforesaid Petition for Reestablishment of the Fort Worth
Improvement District No. 1 includes sufficient signatures and
meets other requirements of Section 372.002 and 372.005 of the
Act.
2. The City Council hereby establishes an advisory body with the
responsibility of developing and recommending a service,
assessment and improvement plan to the City Council. The
advisory body shall be known as the Advisory Board of Fort
Worth Improvement District No. 1. The Advisory Board shall
consist of the 26 members listed in Exhibit "A" who are hereby
appointed by the City Council. The composition of the
Advisory Board, by the appointment of such members, meets the
requirements of Section 372.008 of the Act.
3. The Advisory Board shall prepare a proposed ongoing service,
assessment and improvement plan for review and consideration
by the City Council. The plan shall be for a period of not
less than five years, subject, however, to the provisions of
Paragraph 8.1 of the Petition, and shall be reviewed and
updated by the Advisory Board annually to determine the annual
budget for improvements and/or special supplemental services
to be provided by the proposed district.-..
4. The City Manager is hereby directed to prepare the following
documents and information concerning the proposed district and
to file the same with the City Secretary:
(a) a statement of the general nature of the proposed
improvements and/or services;
(b) preliminary estimates of costs of improvements and/or
services;
(c) a map showing boundaries of the proposed district,
property to be assessed and ownership of property;
(d) the proposed method of assessments;
(e) the proposed apportionment of costs between the
improvement district and the City as a whole; and
(f) a statement of the probable maximum benefits to be
conferred on each tract.
5. September 5, 1989, at 7:00 p.m. is set as the date and time
for a public hearing before the City Council concerning the
items listed in Paragraph 4 above, the advisability of the
improvements and/or services and the advisability of
reestablishment of the District.
6. The City Secretary is hereby directed to give notice of the
public hearing as provided in Section 372.009 of the Act.
LIST OF PRESENT FORT WORTH IMPROVEMENT DISTRICT.
ADVISORY BOARD MEMBERS
Name/Address
Luther P. Adkins
Senior Vice President
The Fort Worth Star -Telegram
400 West 7th Street
Fort Worth, Texas 76102
Land Area/
Value Square Foot
$ 8,160,962.00 65,000.00
Minutes of City Council M-3 Page 428
449
TUESDAY, AUGUST 15, 1989
Resolution No.
1456 cont.
Joseph D. Ambrose, III
2,341,947.00
29,766.50
Ambrose Properties
909 Throckmorton
Fort Worth, Texas 76102
Nelson Baines
10,359,756.00
132,000.00
General Manager
Hilton Hotel
1701 Commerce Street
Fort Worth, Texas 76102
Edward P. Bass
1,807,167.00
26,235.OQ
President
Fine Line, Inc.
201 Main Street, Suite 3100
Fort Worth, Texas 76102
Robert M. Bass
26,477,617.00
133,700.00
Robert M. Bass Group, Inc.
Bass Brothers Enterprises
Bass Brothers Development Company
201 Main Street, Suite 2700
Fort Worth, Texas 76102
William H. Blair
2,377,222.00
17,000.00
Attorney
McLean, Sanders, Price, Head & Ellis
100 Main Street
Fort Worth, Texas 76102
R.H. (Bob) Browder
3,225,281.00
379,196.00
Fort Worth Regional Manager
TU Electric Company
P.O. Box 970
Fort Worth, Texas 76101
Walt J. Humann
Woodbine Development Company
Hunt Investments
Continental Plaza
3200 NCNB One Building
Dallas, Texas 75202
Gary Cumbie
Vice President
Lone Star Gas Company
Ensearch
903 Monroe
Fort Worth, Texas 76102
Joye Evetts
Executive Assistant
TU Electric Company
P.O. Box 970
Fort Worth, Texas 76101
Robert G. Adams, A.I.A.
Vice President
Texas American Bancshares
550 Bailey, Suite 330
Fort Worth, Texas 76113
Richard Lathem
Property Manager
(Cadillac Fairview)
Prentiss Properties Limited, Inc.
Burnett Plaza Assoc.
801 Cherry Street, Suite 2355
Fort Worth, Texas 76102
Ruth Ann McKinney
Assistant City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Ann L. Diveley
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
95,539,550.00 180,000.00
1,705,387.00
(see R.H. Browder)
27,300.00
51,739,448.00 276,964.00
103,896,689.00 97,400.00
Minutes of City Council M-3 Page 429
T !0
-
TUESDAY, AUGUST 15, 1989
Resolution No. Richard McMullin 760,402.00 •20,000.00
1456 cont. Texas Beverages, Inc.
The Keg/Jones Street Enterprises
4919 Sagebrush Court
Arlington, Texas 76017
Frank C. Wilson
Executive Vice President
NCNB Texas
(formerly First National Bank,
Fort Worth)
One NCNB Plaza
Fort Worth, Texas 76102
Herschel C. Winn
Vice President & Secretary
Tandy Corporation
1800 One Tandy Center
Fort Worth, Texas 76102
Warren G. Woodward
Vice President
Sid R. Bass, Inc.
Sundance Square, Inc.
City Center Development Co.
Perry R. Bass
201 Main Street, Suite 300
Fort Worth, Texas 76102
Roger L. Yandell
President
Yandell & Hiller, Inc.
301 Commerce Street, Suite 210
Fort Worth, Texas 76102
J.R. Molina
Attorney at Law
One Tandy Center, Suite 954
Fort Worth, Texas 76102
Lloyd J. Weaver
Senior Accountant
Weaver & Tidwell
307 West 7th Street
Fort Worth, Texas 76102
Grand Total Taxable Value
in District
27,526,327.00 285,952.00
79,007,774.00 431,998.00
150,492,364.00 533,960.00
855,000.00 14,200.00
$599,026,269.00 2,890,287.00
r
$741,357,286.00
Minutes of City Council M-3 Page 430
James R. Nichols
1,700,000.00
23,000.00
President
Freese & Nichols, Inc.
811 Lamar St. JV
411 Company Ltd.
811 Lamar Street
Fort Worth, Texas 76102
J. Clark Nowlin
8,959,047.00
98,922.00
President
Clark Nowlin Company
210 West 6th, Suite 1410
Fort Worth, Texas 76102
B.A. Perkins
202,500.00
3,500.00
Owner
Barber's Book Store
215 West 8th Street
Fort Worth, Texas 76102
Jack Rattikin, Jr.
909,000.00
15,000.00
President
Rattikin Title Company
611 Throckmorton
Fort Worth, Texas 76102
Bill D. Serrault
20,982,829.00
99,193.50
Division Manager
Southwestern Bell Telephone Co.
1116 Houston Street, Room 1500
Fort Worth, Texas 76102
Frank C. Wilson
Executive Vice President
NCNB Texas
(formerly First National Bank,
Fort Worth)
One NCNB Plaza
Fort Worth, Texas 76102
Herschel C. Winn
Vice President & Secretary
Tandy Corporation
1800 One Tandy Center
Fort Worth, Texas 76102
Warren G. Woodward
Vice President
Sid R. Bass, Inc.
Sundance Square, Inc.
City Center Development Co.
Perry R. Bass
201 Main Street, Suite 300
Fort Worth, Texas 76102
Roger L. Yandell
President
Yandell & Hiller, Inc.
301 Commerce Street, Suite 210
Fort Worth, Texas 76102
J.R. Molina
Attorney at Law
One Tandy Center, Suite 954
Fort Worth, Texas 76102
Lloyd J. Weaver
Senior Accountant
Weaver & Tidwell
307 West 7th Street
Fort Worth, Texas 76102
Grand Total Taxable Value
in District
27,526,327.00 285,952.00
79,007,774.00 431,998.00
150,492,364.00 533,960.00
855,000.00 14,200.00
$599,026,269.00 2,890,287.00
r
$741,357,286.00
Minutes of City Council M-3 Page 430
6-31
TUESDAY, AUGUST 15, 1989
Resolution No. Total Value Represented by $599,026,269.00
1456 cont. Above 26 Member of Fort
Worth Improvement District
No. 1 Advisory Board
(FWID#1 A.B.)
Thus, the above 26 members of .
the FWID#1 A.B. own or
represent 80% of the Total
Taxable Value in the District.
Grand Total Taxable Land Area 4,185,864.81
Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley,
that the recommendation, as contained in Mayor and Council Communication No. G-8166, 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 Zapata,
. Garrison, McCray, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Member Granger
Introduced an
Ordinance Council Member Garrison introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Mayor Pro tempore Gilley. 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. 10359
10359
AN ORDINANCE APPROPRIATING $500,000.00 TO THE
GENERAL FUND 01, NON -DEPARTMENTAL, ACCOUNT
NO. 90-56-01 AND DECREASING THE UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT
FOR THE PURPOSE OF ENTERING INTO A LOAN
AGREEMENT WITH THE AREA METROPOLITAN AMBULANCE
AUTHORITY; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Minutes of City Council M-3 Page 431
Grant Total Taxable Land Area 2,890,287.00
Represented by above 26 Members
of Fort Worth Improvement
District No. 1 Advisory Board
(Sq. Ft.)
Thus, the above 26 members of the
FWID#1 A.B. own or represent 69%
of the Taxable Land Area in the
District.
M&C G-8166 re pro-
There was presented Mayor and Council Communication No. G-8166 from the City
vi
ling supplemental
Manager recommending that the City Council adopt a supplemental appropriations
ap
ropriations and
ordinance increasing appropriations by $500,000.00 in General Fund 01, Non -Departmental
co
itract with Area
Account No. 90-56-01, Ambulance Loan Account, from the General Fund 01 Fund Balance and
Me
ropolitan Ambulanc
authorize the City Manager to execute a loan agreement with the Area Metropolitan
Au
hori.ty
Ambulance Authority in an amount not to exceed $500,000.00 based on terms and
conditions outlined. On motion of Council Member Garrison, seconded by Mayor Pro
tempore Gilley the recommendations were adopted.
Council Member Granger advised the City Council that she has a conflict of
interest with voting on Mayor and Council Communication No. G-8166, Authorization to
Make a Loan to Area Metropolitan Ambulance Authority.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata,
that Council Member Granger be permitted to abstain from voting on Mayor and Council
Communication No. G-8166, Authorization to Make a Loan to the Area Metripolitan
Ambulance Authority.
Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley,
that the recommendation, as contained in Mayor and Council Communication No. G-8166, 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 Zapata,
. Garrison, McCray, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Member Granger
Introduced an
Ordinance Council Member Garrison introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Mayor Pro tempore Gilley. 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. 10359
10359
AN ORDINANCE APPROPRIATING $500,000.00 TO THE
GENERAL FUND 01, NON -DEPARTMENTAL, ACCOUNT
NO. 90-56-01 AND DECREASING THE UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT
FOR THE PURPOSE OF ENTERING INTO A LOAN
AGREEMENT WITH THE AREA METROPOLITAN AMBULANCE
AUTHORITY; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Minutes of City Council M-3 Page 431
V2
TUESDAY, AUGUST 15, 1989
Ordinance No.
10359 cont. SECTION 5.
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so
ordained.
M&C P-3634 re There was presented Mayor and Council Communication No. P-3634 from the City
purchase of black Manager submitting a tabulation of bids received for the purchase of black polyethylene
polyethylene pipe pipe for the Transportation and Public Works Department; stating that funds are
for Transportatior available in General Fund 01, Account No. 20-80-03, Index Code 239442; and recommending
and Public Works that the purchase be made from Advanced Drainage Systems, Inc., on its low bid of unit
Department from prices of $5,318.00 net, f.o.b. Fort Worth. It was the consensus of the City Council
Advanced Drainage that the recommendation be adopted.
Systems, Inc.
M&C P-3635 re There was presented Mayor and Council Communication No. P-3635 from the City
purchase of micro Manager submitting a tabulation of bids received for the purchase of a microfilm
film readetlorint reader/printer for the Finance Department; stating that funds are available in General
erpfor Finances Fund 01, Account No. 13-40-20, Index Code 211219; and recommending that the purchase be
Departmentsfrdm13P made from 3M Document Systems Division on low bid of $7,588.75 net, f.o.b. Fort Worth.
Documenjz Systems? It was the consensus of the City Council that the recommendation be adopted.
Dfvrsten bepart>le, z
M&C P-3636 re There was presented Mayor and Council Communication No. P-3636 from the City
purchase of colli Manager recommending that the City Council confirm the emergency purchase of collision
si on repair ser- repair, services for an amount not to exceed $11,872.70 from Cornish Paint and Body for
vices from Corn- the City Services Department, with funds available in Equipment Services Operating
ish Paint and Bod Fund 61, Account No. 21-20-92, Index Code 244251. Council Member Granger made a
for City Services motion, seconded by Council Member Webber, that the award of an order in the amount of
Department $11,872.70 to Cornish Paint and Body be approved, confirmed, and ratified and, when the
motion was put to a vote by the Mayor, it prevailed unanimously.
M&C P-3637 re
There was presented Mayor and Council Communication No. P-3637 from the City
purchase of Wide
Manager submitting a tabulation of bids received for the purchase of Wide Area Network
Area.Ne twork soft-
software for the Information Systems and Services Department; stating that funds are
ware from Fischer
available in General Fund 01, Account No. 04-20-00, Index Code 228726; and recommending
International
that the purchase of Wide Area Network system software be made from Fischer
Systems Corpora-
International Systems Corp. for an amount not to exceed $42,500.00; that purchase of
tion for Informa-
Wide Area Network system interface software be made from Fischer International Systems
tion Systems and
Corp. for the personal computers for an amount not to -exceed $15,000.00; that the
Services
purchase of Wide Area Network system interface software be made from Fischer
International Systems Corp. for additional PC's in FY '90 for an amount of $100.00 per
PC not to exceed $15,000.00; that a maintenance agreement be authorized with Fischer
International Systems Corp. for an amount not to exceed $825.00 per month following a
12 -month warranty period; and that an additional $1.25 per month for maintenance be
paid to Fischer International Systems Corp. for each additional copy of the PC
interface software acquired in FY '90 following the 12 -month warranty period not to
exceed $187.50 per month. On motion of Mayor Pro tempore Gilley, seconded by Council
Member Garrison, the recommendations were adopted.
M&C, L-9883 re
There was presented Mayor and Council Communication No. L-9883 from the City
acquisition of
Manager, as follows:
land and/or ease-
ments various
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS
projects
(6 TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the
land and/or easements described below:
1. Project: Shaw Addition, Lot 1, Block 1
Type of Acquisition: Permanent Utility Easement
Description of Land: A strip of land, 20 feet in width, from
the Samuel Woody urvey, Abstract No. 1638, PRTCT,'and being
known as Lot 1, Block 1, Shaw Addition, as recorded in Volume
9492, Page 325, DRTCT. The northerly extremity of this strip
of land extends southwesterly approximately 830 feet from the
westerly property line of Campus Drive approximately 830 feet
along the south line of an existing 5 foot utility easement,
then extends approximately 444 feet to the northerly property
line of Interstate 20, containing 23,195.7 square feet,
required for a permanent utility easement.
Square Feet: 23,195.7
Description of Improvements:
Consideration: $1.00
Location: Campus Drive
Zoning: "G" Commercial
None in the taking
Minutes of City Council M-3 Page 432
T-3 3
TUESDAY, AUGUST 15, 1989
M&C L-9883 cont. Owner:. Chrysler Realty Corporation
acquisition of
land and/or ease- Financing: Sufficient funds are available in Water Capital
ments various pro- Improvements, Project Nos. 83-015037-00, Water, and
jec is 80-013004-00, Sewer.
Land Agent: Don Shoulders
2. Project: Sidewalk Easement/Hillard Auto Group, Inc.,
Type of Acquisition: Permanent Easement
Description of Land: A strip of land, 15 feet in width, from
Lot 4, Block 3, Cityview III Addition, Abstracts 641 and 1264,
PRTCT. The easterly extremity of this strip of land extends
southerly approximately 986.31 feet, from Overton Ridge
Boulevard, along the westerly right-of-way line of Bryant
Irvin Road.
Square Feet: 14,745
Description of Improvements:
Zoning: "G" Commercial
None in the taking
Consideration: $1.00
Location: Bryant Irvin Road
Owner: Hillard Auto Group, Inc.
Financing: Sufficient funds are available in New Development,
Fund 90, Project No. 095105-00, Land Acquisition. This
expenditure will be made from Index Code 699900.
Land Agent: Don Shoulders
3. Project: Sidewalk Easements/East 1st Street Project
Type of Acquisition: Permanent and Temporary Easements
Description of Land: Permanent Easement - A strip of land
adjacent to the south property line of of 51, C. E. Evans
Addition, as described in Volume 2719, Page 218, Deed Records,
Tarrant County, Texas. This strip of land is 5 feet in depth
and 8,300 feet in length and contains 415 square feet as
required for a sidewalk easement.
Temporary Slope Easement: A strip of land 10 feet in depth
adjacent to the north line of the above described right-of-way
as required for a temporary slope easement.
Square Feet: P.E. - 415 Zoning: "I" Light Commercial
T.S.E. - 830
Parcel No.: 3
Consideration: $1.00
Location: 101 North Sylvania
Owner: James and Conine Madison (Deceased)
Financing: Sufficient funds are available in New Development,
Fund 90, Project No. 095105-00, Land Acquisition. This
expenditure will be made from Index Code 699900.
Land Agent: Ethel Roberts
4. Project: Sanitary Sewer Main M-211 Rehabilitation and
Relocation
Type of Acquisition: Sanitary Sewer Easement and Temporary
Construction Easement
Description of Land: An irregularly shaped strip of land
approximately 20 fee_tin depth and approximately 100 feet in
length located at the northwesterly corner of Lot 1-C, Block
1, River Park Addition, as recorded in Volume 388-211, Page
70, Deed Records, Tarrant County, Texas.
Square Feet: 1,655.28 Zoning: "G" Commercial
Parcel: 4
Consideration: $1.00
Minutes of City Council M-3 Page 433
T3 .A
M&C L-9883 re
acquisition of
land and/or ease-
ments various
projects
&C L-9883 adopted
TUESDAY, AUGUST 15, 1989
Location: North of Southwest Boulevard (S.H. 183) and north
of River Bend Boulevard
Owner: Coreast Savings Bank
Financing: Sufficient funds are available in Sewer Capital
mpr-1 ovements, Fund 58, Project No. 017074-00, Relocation and
Rehabilitation of Sanitary Sewer Main 211. This expenditure
will be made from Index Code 698787.
Land Agent: Aleeta Hackney
5. Project: Sanitary Sewer Easement/Oaklawn Elementary School,
Sanitary Sewer 2253
Type of Acquisition: Permanent Utility Easement
Description of Land: An irregularly shaped strip of land, 15
feet in width, from Block 18, Masonic Home Addition, on which
to construct a sanitary sewer.
Square Feet: 4,260 Zoning: "CF"
Consideration: $1.00
Location: Corner of Wichita at Childress Street
Owner: Fort Worth ISD
mpr�Financin : Sufficient funds are available in Sewer Capital
ts Fund 58, Project No. 58-017100-00, Sanitary Sewer
L-2253.
Land Agent: Don Shoulders
6. Project: Sanitary Sewer Main Relocation (M-50 and M-53). Due
to age, the existing lateral has deteriorated to a point that
replacement is necessary.
Type of Acquisition: Permanent and Temporary Easements
Description of Land: Permanent Easement - A strip of land, 15
feet and .8eet in width, from Lot 1 and west 1/2, Lot 2,
Sunshine Hills Addition. The south line of this strip of land
extends diagonally 208 feet, northeast to southeast, across
Lot 1 to a point in the south line of said Lot 1, then extends
approximately 65 feet easterly past the southeast corner of
said Lot 1 to the southeast corner of west 1/2 Lot 2,
containing 4,134 square feet as required for a Permanent
Sanitary Sewer Easement.
Temporary Construction Easement: Also required, a strip of
land, 5 feet in width, on either side of the permanent
easement, containing approximately 2,450 square feet as
required for a Temporary Construction Easement.
Square Feet: Permanent Easement - 4,134
Temporary Easement - 2,450.0
Zoning: "D" Multi -Family
Description of Improvements: None in the taking
Parcel Nos.: 5 and 6
Consideration: $1.00
Supplemental Information: Pond to be redug by City crews and
restocked.
Location: 3424 Littlejohn
Owner: Lanandra Natasha Nails
Financing: Sufficient funds are available in Sewer Capital
Improvements Fund 58, Project No. 58-017100-00.
Land Agent: Don Shoulders
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-9883, be adopted.
Minutes of City Council M-3 Page 434
4 xl 5
TUESDAY, AUGUST 15, 1989
M&C, L-9884 re
There was presented Mayor and Council Communication No. L-9884 from the City
acquisition of
Manager recommending that the City pay a total consideration of $500.00 for a permanent
permanent easement
easement
15 feet in width from Lot 33-A, Hawkins Addition; said easement extending 125
feet east
to west, along the southerly extremity of said Lot 33-A; located in the 2600
Block of
East Vickery Boulevard; owned by Linda S. Brougher; and required for the
Sanitary
Sewer L-2550 Replacement. It was the consensus of the City Council that the
easement
be acquired as recommended and that the expenditure be charged to Sewer
Capital Improvement
Fund 58, Project No. 017101-00, Index Code 698787.
M&C L-9885 re
There was presented Mayor and Council Communication No. L-9885 from the City
acquisition of
Manager,
as follows:
land/and or ease-
ments various
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS
projects
(3 TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the
land and/or easements described below:
1. Project: , Sanitary Sewer Rehabilitation, L-3063, Hyde -Jennings
Addition
Type of Acquisition: Dedication
2.
Description of Land: An irregularly shaped strip of land out
of Lot 4A, Block 16,—Hyde-Jennings Addition as described in
Volume 9290, Page 212, Deed Records, Tarrant County Texas.
This strip of land is 10.0 feet in depth and 155.0 feet in
width and lies adjacent to, contiguous with and within the
south property line of Lot 4A as required for a permanent
easement.
Square Feet: 1550 Zoning: "I"
Parcel No.: 2
Consideration: $1.00
Location: 6915 East Lancaster Avenue
Owner: Richard Hyde
Financing : Sufficient funds are available in Sewer Capital
Improvements, Fund 58, Project No. 017101-00, Sanitary Sewer
Main L-3063 Rehabilitation. This expenditure will be made
from Index Code 698787.
Land Agent: Jerry Chalker
Project: Rehabilitation of Sanitary Sewer Main 128
Type of Acquisition: Dedication
Description of Land: A rectangularly shaped strip of land out
of Lot 8A, Block 1, R. W. Jones Addition as described in
Volume 9448, Page 1310, Deed Records, Tarrant County, Texas.
This strip of land is 5.0 feet in depth and 55.0 feet in width
and lies parallel to and within the west property line of Lot
8A, as required for a permanent easement.
Square Feet: 275.0
Parcel No.: 8
Consideration: $1.00
Location: 915 Grace Street
Zoning: "B" Two -Family
Owner: U. S. Department of Housing and Urban Development
Financing: Sufficient funds are available in Sewer Capital
Improvement Fund 58, Project No. 017075-00, Sanitary Sewer
Main 128 Rehabilitation. This expenditure will be made from
Index Code 698787.-
Land
98781:
Land Agent: Jerry Chalker
3. Project: Rehabilitation of Sanitary Sewer Main 128
Type of Acquisition: Dedication
Description of Land: A rectangularly shaped strip of land out
of Lot 5, Block 1, Jarrell Oakhurst Addition as described in
Minutes of City Council M-3 Page 435
TUESDAY, AUGUST 15, 1989
M&C L-9884 cont. Volume 1113, Page 215, Deed Records, Tarrant County, Texas.
acquisition of This strip of land is 6.0 feet in depth and 49.0 feet in
permanent ease length and its south line lies 4.0 feet north of the south
men t line of Lot 5 as required for a permanent easement.
M&C L-9885 adopte
M&C L-9886 re
acquisition of
easement
M&C L-9887 re
acquisition of
easements
M&C L-9887 adopte
Square Feet: 294.0 Zoning:.;"E"
Parcel No. 18
Consideration: $1.00
Location: 2614 Virginia Court
Owner: U.S. Department of Housing and Urban Development
Financing: Sufficient funds are available in Sewer Capital
Improvement Fund 58, Project No. 017075-00, Sanitary Sewer
Main 128 Rehabilitation. This expenditure will be made from
Index Code 698787.
Land Agent: Jerry Chalker
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-9885, be adopted.
There was presented Mayor and Council Communication No. L-9886 from the City
Manager recommending that the City pay a consideration of $1.00 for a permanent
easement in Lot 5, Block 63, Rosen Heights Addition, located at 2805 Pearl; owned by
Henry Perez; and required for the installation of mid -block street lighting. It was
the consensus of the City Council that easement be acquired as recommended and that the
expenditure be charged to Index 282483.
There was presented Mayor and Council Communication No. L-9887 from the City
Manager, as follows:
SUBJECT: SANITARY SEWER MAIN M-211 REHABILITATION AND RELOCATION
PROJECT/SANITARY SEWER EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the
land and/or easements described below:
Project: Sanitary Sewer M-211 Rehabilitation and Relocation
Type of Acquisition: Sanitary Sewer Easement and Temporary
Construction Easement
Description of Land:
Sanitary Sewer Easement - An irregularly shaped strip of land 15
feet in depth and approximately 231 feet in length located along a
portion of the southerly side of Tract 1, E.H. Burke Survey,
Abstract No. 160, as described in Volume 4734, Page 649, Deed
Records, Tarrant County, Texas.
Temporary Construction Easement - A 25 foot strip of land adjacent
to the northerly and easterly side of the above easement.;
Square Feet: 3,441.24 Zoning: A "One" Family
Parcel No.: 2
Consideration:
$2,656.22 payable to the order of Gretchen B. Barrett
$2,656.22 payable to the order of Cynthia H. Brants
Location: North of Southwest Blvd. (S.H. 183) and north of West
Vickery Blvd.
Owner: Gretchen B. Barrett and Cynthia H. Brants
Financing: Sufficient funds are available in Sewer Capital
Improvements Fund 58, Project No. 017074-00, Relocation and
Rehabilitation of Sanitary Sewer Main 211. This expenditure will
be made from Index Code 698787.
Land Agent: Aleeta Hackney
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. L-9887, be adopted.
Minutes of City Council M-3 Page 436
TUESDAY, AUGUST 15, 1989
&C L-9888 re
There was presented Mayor and Council Communication No. L-9888 from the City
cqui si ti on of
Manager, as follows:
asement/land
arious projects
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS
(4 TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the
land and/or easements described below:
1. Project: Rehabilitation of Sewer Main M-71. Due to age, the
existing lateral has deteriorated to a point that replacement
is necessary.
Type of Acquisition: Permanent Sanitary Sewer Easement
Description of Land: An irregularly shaped strip of land, 10
feet in width, from the middle portion of Lot 20A, Colonial
Hills Addition. This strip of land is approximately 200 feet
in length and crisscrosses said Lot 20A from northwest to
southeast.
Square Feet: 2,226 Zoning: "A" One Family
Description of Improvements: Flagstone Patio
Parcel No.: 1
Consideration: $1.00
Location: 3512 Park Hill Drive
Owner: B.G Reed
Financing: Sufficient funds are available in Sewer Capital
mpI rovements, Fund 58, Project No. 58-017061-00. This
expenditure will be made from Index Code1698787.
Land Agent: Don Shoulders
2. Project: Rehabilitation of Sanitary Sewer Main M-71.
Type of Acquisition: Permanent Sanitary Sewer Easement
Description of Land: An irregularly shaped strip of land from
Lot G, Block 2, Colonial Hills Addition as recorded in Volume
3330, Page 289, DRTCT, containing 783 square feet required for
a permanent sewer easement.
Square Feet: 783 Zoning: "A" One -Family
Description of Improvements: None in the taking
Parcel No.: 6
Consideration: $1.00
Location: 3600 Park Hill Drive
Owner: Warren G. Moorman and Evelyn C. Moorman
Financing: Sufficient funds are available in Sewer Capital
Improvement Fund 58, Project No. 58-017061-00. This
expenditure will be made from Index Code 698787.
Land Agent: Don Shoulders
3. Project: Rehabilitation of Sanitary Sewer Main M-71
Type of Acquisition: Permanent Sanitary Sewer Easement
Description of Land: An irregularly shaped strip of land from
the southwest corner of Lot B, Block 1, Colonial Hills
Addition, as described in Volume 3538, Page 114, DRTCT,
containing 80.7 feet,required for a permanent utility
easement.
Square Feet: 80.7 Zoning: "A" One Family
Description of Improvements: None in the taking
Parcel No.: 5
Minutes of City Council M-3 Page 437
TUESDAY, AUGUST 15, 1989
&C L-9888 cont. Consideration: $1.00
Location: 2300 Stadium Drive
Owner: W. C. Turner
Financing: Sufficient funds are available in Sewer Capital
Improvement Fund 58, Project No. 58-017061-00. This
expenditure will be made from Index Code 698787.
Land Agent: Don Shoulders
4. Pr_ oject: 12th Avenue & Rosedale Intersection
Type of Acquisition: Outright Purchase
Description of Land: An irregularly shaped strip of land from
Lot 4, Block 1, Westview Addition, as recorded in Volume 106,
Page 36, DRTCT, containing 780 square feet.
Square Feet: 780 sq. ft. Zoning: "J" Light
Industrial
Description of Improvements: None in the taking
Consideration: $1.00
Location: W. Rosedale at .12th Avenue
Owner: McDunn Partnership
F i n a n c i n q Sufficient funds are available in Street
mprovemennt, Fund 67, Project No. 095105-00. This expenditure
will be made from Index Code 699884.
Land Agent: Don Shoulders
M&C L-9888 adopted ll It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. L-9888, be adopted.
M&C L-9889 re There was presented Mayor and Council Communication No. L-9889 from the City
withdrew from Manager recommending that the City Attorney be authorized to institute eminent domain
agenda proceedings to acquire all of the east part of Lot 7B, Burton Heirs Estate Addition to
the City of Fort Worth, Tarrant County, Texas, as described in Volume 7240, Page 67,
Deed Records, Tarrant County, Texas; located at 3812 Miller Street; owned by Willie
Curtis; and required for Eastland Elementary School. It was the consensus of the City
Council that Mayor and Council Communication No. L-9889 be withdrawn from the agenda.
M&C C-11781 re There was presented Mayor and Council Communication No. C-11781, dated
contract with August 8, 1989, from the City Manager recommending that the City Manager be authorized
Goals for East to execute a contract with Texas Wesleyan University in the amount of $20,000.00 to
fort Worth fund the Goals for East Fort Worth program.
Council Members Granger and McCray advised the City Council that they have
conflicts of interest with voting on Mayor and Council Communication Nos. C-11781 and
C-11781 (Revised), Proposed Goals for East Fort Worth Program.
Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley,
that the recommendation, as contained in Mayor and Council Communication No. C-11781,
be denied. 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 Zapata,
Garrison, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Members Granger and McCray
M&C C-11781 (re-
vised) There was presented Mayor and Council Communication No. C-11781 (Revised)
from the City Manager stating that Goals for East Fort Worth is a non-profit
corporation created to establish, manage, and implement a local goals program for East
Fort Worth as a prototype or model for future possible city-wide goals program;
describing the proposed goals; and recommending that the City Manager be authorized to
execute a contract in the amount of $29,000.00 with Goals for East Fort Worth to enable
it to establish and manage a targeted area goals program, with funding to be provided
from the budget of the Department of Planning and Growth Management.':
Council Member Webber made a motion, seconded by Council` Member Murrin, that
the recommendation, as contained in Mayor and Council Communication No. C-11781
(Revised), be adopted. When the motion was put to a vote by the Mayor, it prevailed by
the following vote:
Minutes of City Council M-3 Page 438
4SA
±?
TUESDAY, AUGUST 15, 1989
M&C C-11781 (re-
vised) cont. AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Members Granger and McCray
M&C C-11796 re There was presented Mayor and Council Communication No. C-11796, dated
contracts with August 8, 1989, from the City Manager, as follows:
Bank One (formerly
MBank) , Texas SUBJECT: BANK DEPOSITORY CONTRACT CHANGES
Commerce Bank, and
Bank of Commerce RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to execute an amended form of the City's depository contract with
the banks with which the City currently has depository contracts
and have pledged collateral to the City.
RArvnPniiNn-
The City uses a standard depository contract with all the banks
from which it purchases certificates of deposit. Under the general
terms of the agreement, the City funds are fully collateralized and
the collateral held in a third party safekeeping institution. The
safekeeping institution is made a party to the depository contract.
This standard bank depository contract for the purchase of
certificates of deposit has been rewritten on key points which
needed to be strengthened in the original. The points incorporated
are:
- clarification that this contract is for time deposits only
- restriction of allowable collateral securities to:
- US treasuries, agencies and instrumentalities
full faith and credit obligations of the US
— Texas State bonds, and
- municipal bonds from within Texas.
- raising collateral limits from 100% to 102%
(done in practice but not written in prior agreements)
- more clearly making the custodian bank an actual party to
the agreement
- requiring both the bank and custodian bank to provide annual
audited financial statements
- prohibiting the custodial bank from being within the same
bank holding company .,
- "original" safekeeping receipts marked as "pledged to the
City of Fort Worth" on their face are now required
(also previously done in practice but not in the contract)
The banks which currently have depository contracts in force with
the City and are holding collateral for the City funds are:
Alta Mesa Bank Bank of Commerce
Bank One (formerly MBank) Tarrant Bank
Summit National Bank Landmark Bank
Texas Commerce Bank Arlington Heights Bank
Camp Bowie National Bank
It is these banks which will be asked to re -execute the depository
agreement with the new depository contract.
City Attorney Adkins advised the City Council to take separate votes on each
of the banks covered by Mayor and Council Communication No. C-11796 because of
conflicts of interest.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger,
to separate the issue and that each bank be considered separately. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Mayor Bolen, Mayor Pro tempore Gilley, and Council Members Garrison and
Murrin advised the City Council they have conflicts of interest with voting on
depository contracts for Alta Mesa Bank, Summit National Bank, and Camp Bowie National
Bank.
Council Member Granger made a motion, seconded by Council Member Zapata, that
the depository contract with Bank One (formerly MBank) be approved. When the motion
was put to a vote by the Mayor, it prevailed by the following vote:
Minutes of City Council M-3 Page 439
440
TUESDAY, AUGUST 15, 1989
M&C, C-11796 cont. AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Bank depository
contract changes Granger, McCray, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Member Garrison
Council Member Zapata made a motion, seconded by Mayon Pro tempore Gilley,
that the depository contract with Texas Commerce Bank be approved. 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 Zapata,
Granger, McCray, and Murrin
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Members Garrison and Webber
Council Member Zapata made a motion, sd-c-on-ted by Mayor Pro tempore Gilley,
that the depository contract with the Bank of Commerce be approved. 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 Zapata,
Granger, McCray, Murrin, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Member Garrison
Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley,
that the depository contract with Tarrant Bank be approved. When the motion was put to
a vote by the Mayor, it prevailed by the following vote: -
AYES: Mayor Bolen; Mayon Pro tempore Gilley; Council Members Zapata,
Granger, McCray, and Murrin
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Council Members Garrison and Webber
Council Member Garrison made a motion, seconded by Council Member Zapata,
that the depository contract with Landmark Bank be approved. When the motion was put
to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray,
and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Mayor Pro tempore Gilley and Council Member Murrin
Council Member Garrison made a motion, seconded by Council Member Zapata,
that the depository contract with Arlington Heights Bank be approved. When the motion
was put to a vote by the Mayor, it prevailed by the following vote:.
AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray,
and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Mayor Pro tempore Gilley and Council Member Murrin
Council Member Zapata made a motion, seconded by Council Member Granger, that
the proposed depository contracts with Alta Mesa Bank, Summit National Bank, and Camp
Bowie National Bank be denied. When the motion was put to a 'vote by the Mayor, it
prevailed by the following vote:
AYES: Council -Members Zapata, Granger, McCray, and Webber
NOES: None
ABSENT: Council Member Chappell
NOT VOTING: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison
and Murrin
Minutes of City Council M-3 Page 440
4? 1
TUESDAY, AUGUST 15, 1989
M&C, C-11804 re There was presented Mayor and Council Communication No. C-11804 from the City
contract with J.D. Manager submitting a tabulation of bids received for the 16 -inch water main replacement
Vickers, Inc. for on Ridgmar Boulevard; and recommending that the City Council:
construction of
16 -inch water main 1. Authorize a fund transfer in the amount of $182,000.00 from
replacement in Water and Sewer Operating Fund 45, Account No. 60-90-20, Water
Ridgmar Blvd. Capital Projects, to Water Capital Improvement Fund 53,
Project No. 017095-00, 16 -Inch Water Replacement, Ridgmar
Blvd.
2. Authorize a fund transfer in the amount of $12,000.00 from
Water and Sewer Operating Fund 45, Account No. 70-90-20 to
Sewer Capital Improvement Fund 58, Project No. 017068-00,
8 -Inch Sewer Replacement, Ridgmar Blvd.; and
3. Authorize the City Manager to execute a construction contract
with J.D. Vickers, Inc. for construction of the 16 -Inch Water
Main Replacement, Ridgmar Blvd. on the low bid of $180,988.00.
M&C C-11804 adopte It was the consensus of the City Council that the recommendations be adopted.
M&C C-11805 re There was presented Mayor and Council Communication No. C-11805 from the City
contract with Larri Manager submitting a tabulation of bids received for the White Settlement East Outfall
H. Jackson Con- Sewer and recommending that a fund transfer in the amount of $140,000.00 be approved
struction Company, from Water and Sewer Operating Fund 45, Account No. 70-90-20, Sewer Capital Projects,
Inc. for White to Sewer Capital Improvement Fund 58, Project No 017060-00, White Settlement East
Settlement East Outfall Sewer, and that the City Manager be authorized to execute a contract with Larry
Outfall Sewer H. Jackson Construction Company, Inc., on its low bid of $129,547.10. It was the
consensus of the City Council that the recommendation be adopted.
M&C C-11806 re
There was presented Mayor and Council Communication No. C-11806 from the City
contract with
Manager submitting a tabulation of bids received for Water Rehabilitation at Seven
Circle C Construct
Locations, Contract "Q", and recommending that a fund transfer in the amount of
ion Company for
$405,000.00 be approved from Water and Sewer Operating Fund 45, Account No. 60-90-20 to
construction of
Water Capital Improvement Fund 53, Project No. 017096-00, Water Rehabilitation Contract
water main rehabil
"Q" and that the City Manager be authorized to execute a contract with Circle C
i tati on at seven
Construction Company on its low bid of $387,495.00. It was the consensus of the City
locations, Contrac
Council that the recommendation be adopted.
M&C C-11807 re
There was presented Mayor and Council Communication No. C-11807 from the City
contract with All
Manager recommending that the City Manager be authorized to execute a contract with All
Saints Catholic
Saints Catholic Church to lease a portion of Marine Park from September 11 through
Church for lease
September 19, 1989, for the Mexican Independence Day Celebration subject to the
of portion of
execution of a lease to All Saints Catholic Church similar to previous leases for this
Marine Park for
celebration. It was the consensus of the City.Council that the recommendation be
Mexi ncan Independ-
adopted.
ence Day Celebra-
tion
There was presented Mayor and Council Communication No. C-11808 from the City
M&C C-11808 re
Manager, as follows:
amendment to lease
with Performance
SUBJECT: LEASE AMENDMENT - PERFORMANCE AIRWAYS, INC. D/B/A STACI'S
Airways, Inc. dba
JET CENTER, INC. - FORT WORTH MEACHAM AIRPORT
Staci's Jet Center
at Fort worth
RECOMMENDATION:
Meacham Airport
It is recommended that City Council authorize the City Manager to
execute a lease amendment with Performance Airways, Inc. d/b/a
Staci's Jet Center under the terms outlined below.
DISCUSSION:
Under City Secretary Contract No. 16110 as assigned and amended,
Performance Airways, Inc. d/b/a Staci's Jet Center leases hangar
location 11N, the former American Airways hangar, associated paved
aircraft parking area, and unimproved land at Meacham Airport. The
primary term of the lease agreement expires on January 31, 1993
with a right of first refusal to execute a new lease for an
additional consecutive term of five years, on terms and conditions
prescribed by the City.
As part of the consideration for the lease, Staci's agreed to make
repairs to the hangar roof. For the monies expended on the
City -owned facility, Staci's was to receive credit toward the
rentals due. That amount is established at $161,250.
In addition to the hangar roof repairs, Staci's agreed to make
interior and exterior improvements to the hangar building at an
approximate cost of $250,000. Following City Council approval of
City Secretary Contract No. 16110, discussions began concerning the
hangar's potential for relocation of the American Airlines Museum
Minutes of City Council M-3 Page 441
TUESDAY, AUGUST 15, 1989
M&C C-11808 cont. from Tulsa, Oklahoma to Fort Worth. Additional discussions also
amendment to involved use of the hangar for an Aviation Heritage Museum.
lease with per- Because of the uncertainty, Staci's delayed making the permanent
formance Airways, improvements estimated at $250,000. Instead, Staci's made
Inc. dba Staci's temporary improvements in the amount of $18,718. After several
Jet Center at months, it was determined that there was no immediate interest in
Fort Worth Meachad using the hangar as an aviation museum. With this information,
Airport Staci's began implementing plans for the permanent improvements
referenced above to include removal of the temporary improvements.
Work on the permanent improvements is being accomplished in a
manner which preserves the hangar's historic architectural
character.
Staci's has submitted an invoice to the City of Fort Worth Aviation
Department in the amount of $18,718 for reimbursement of cost to
make temporary improvements during the period of the hangar's
uncertain use.
It is proposed that Staci's receive rental credits over a six month
period as follows:
First 5 months @ $3,100 = $15,500
Final 1 month @ $3,218 = 3,218
Total $18,718
M&C C-11810 re There was presented Mayor and Council Communication No. C-11810 from the City
contract with Manager recommending that the City Manager be authorized to execute a contract for
Benbrook Water and wholesale water services with the Benbrook Water and Sewer Authority. On motion of
Sewer Authority Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was
for wholesale adopted.
water service
There was presented Mayor and Council Communication No. C-11811 from the City
M&C C-11811 re Manager, as follows:
execution of Co-
operative Agreem- SUBJECT: COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT
ment with U.S. OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING
Department of ACTIVITIES (INCENTIVE FUNDS)
Housing and Urban
Development for RECOMMENDATION:
Fair Housing act-
ivities It is recommended that the City Council authorize the City Manager
to:
1. Apply for, accept if offered, and execute a Cooperative
Agreement with the U.S. Department of Housing and Urban
Development (HUD) in the amount of $10,000.00, for fiscal year
1989-90, for the performance of Fair Housing activities
specified below: and
2. Reduce the indirect cost rate for this grant' from the
currently approved rate of 60.08% to 4.27%, the proposed 1989
rate.
DISCUSSION:
The U.S. Department of Housing and Urban Development is soliciting
applications from "substantially equivalent" agencies for funding
under the redesigned non-competitive Fair Housing Assistance
Program. The primary purpose of the program is to provide funds to
support activities that produce increased awareness of fair housing
rights and remedies. The Fort Worth Human Relations Commission
Minutes of City Council M-3 Page 442
All other terms and conditions of the lease will remain unchanged.
At its meeting on July 20, 1989, the Aviation Advisory Board
unanimously recommended City Council approval of the lease
amendment.
M&C C-11808 adopted
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-11808, be adopted.
M&C C-11809 re
There was presented Mayor and Council Communication No. C-11809 from the City
amendment contract
Manager submitting proposed Amendment No. 2 to City Secretary Contract No. 13336 with
No. 2 with Alan
Alan Plummer and Associates, Inc., for engineering services for the odor control
Plummer and Asso-
improvements at Village Creek Wastewater Treatment Plant to compensate the engineer for
ciates, Inc. for
expenses for observing the manufacture of the fiberglass weir covers at the
Odor control Im-
manufacturer's facility in Salt Lake City, Utah; and recommending that a bond fund
pr oveme n is at
transfer in the amount of $2,400.00 be approved from Sewer Capital Improvement Fund 54,
village Creek
Project No 014901-00, Unspecified, to Sewer Capital Improvement Fund 54, Project
Wastewater Treat-
No 016010-00, Odor Control, VCWWTP, and that the City Manager be authorized to execute
ment Plant
Amendment No. 2 to City Secretary Contract No. 13336 with Alan Plummer and Associates,
Inc., increasing the total fixed fee amount from $723,200.00 to $725,600.00. It was
the consensus of the City Council that the recommendation be adopted.
M&C C-11810 re There was presented Mayor and Council Communication No. C-11810 from the City
contract with Manager recommending that the City Manager be authorized to execute a contract for
Benbrook Water and wholesale water services with the Benbrook Water and Sewer Authority. On motion of
Sewer Authority Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was
for wholesale adopted.
water service
There was presented Mayor and Council Communication No. C-11811 from the City
M&C C-11811 re Manager, as follows:
execution of Co-
operative Agreem- SUBJECT: COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT
ment with U.S. OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING
Department of ACTIVITIES (INCENTIVE FUNDS)
Housing and Urban
Development for RECOMMENDATION:
Fair Housing act-
ivities It is recommended that the City Council authorize the City Manager
to:
1. Apply for, accept if offered, and execute a Cooperative
Agreement with the U.S. Department of Housing and Urban
Development (HUD) in the amount of $10,000.00, for fiscal year
1989-90, for the performance of Fair Housing activities
specified below: and
2. Reduce the indirect cost rate for this grant' from the
currently approved rate of 60.08% to 4.27%, the proposed 1989
rate.
DISCUSSION:
The U.S. Department of Housing and Urban Development is soliciting
applications from "substantially equivalent" agencies for funding
under the redesigned non-competitive Fair Housing Assistance
Program. The primary purpose of the program is to provide funds to
support activities that produce increased awareness of fair housing
rights and remedies. The Fort Worth Human Relations Commission
Minutes of City Council M-3 Page 442
TUESDAY, AUGUST 15, 1989
M&C C-11811 cont. (FWHRC) was recognized as a "substantially equivalent" agency in
July, 1984, in the enforcement of laws against discrimination in
housing and is thereby eligible to submit a proposal to apply for
"incentive funds" in the amount of $10,000.00. If the proposal is
accepted for funding by HUD, the grant period will be for twelve
(12) months, from October 1, 1989 to September 30, 1990.
The Fort Worth Human Relations Commission proposes the
accomplishment of a four-part program of Fair Housing activities.
They are as follows:
1. Fair Housing Auditing Program - The FWHRC will conduct fifty
50 Fair Housing tests of apartment complexes in Fort Worth
which may have violated Fair Housing law according to the
results of the previous auditing program.
2. Asian -American Community Outreach - Will continue through the
utilization of three citizens of Fort Worth who are both:
(A) Proficient in one of the three languages spoken by the
three (3) principle Asian ethnic groups (Vietnamese,
Laotian, Cambodian) recently immigrating to the Fort
Worth area; and
(B) Relatively well-known individuals with adequate community
contacts.
These individuals will be "on call" for the twelve (12) month
period.
3. Quarterly Community Housing Forums - The FWHRC Will conduct
five 5 community meetings Fair Housing Happenings") at
various locations throughout the City, providing for the
expression and discussion of Housing related issues.
Officials from a wide spectrum of housing -related agencies and
organizations will be available to the public, along with
FWHRC staff, to address citizen concerns and provide
information on their agencies and updates on the new Fair
Housing laws. Additionally, one (1) of the "happenings" will
be held to specifically address the needs and concerns of the
Asian -American community.
4. Public Service Announcements - The FWHRC staff will write and
distribute Public Service Announcements (PSA's) to all major
radio stations in the Fort Worth area. These PSA's will be
specifically designed to give information about the Fair
Housing Amendments of 1988. Additionally, FWHRC staff will
produce one fifteen (15) minute informational video for
broadcast on the City's Municipal Access cable television
channel.
II - FINANCING:
The availability of sufficient funds is contingent upon the
execution of the grant contract with the Department of Housing and
Urban Development.
Funds will be appropriated in Grants Fund 76, in a separate
project/work phase once the agreement is accepted and executed.
All revenue and expenditure transactions will be accounted for in
this project.
Assistant City Manager Ramon Guajardo appeared before the City Council and
1. approve the following interfund, grant, and bond fund
transfers:
FROM TO AMOUNT REASON
94-009905-00 67-040134-00 $36,088.05 To provide funds
Special Truman, for the property
Assessments Myrtle and owner's share of
Unspecified Parkway the street
construction.
Minutes of City Council M-3 Page 443
advised the City Council of the purpose of the grant for fair housing.
M&C C-11811
adopted
On motion of Council Member Zapata, seconded by Council Member Granger,
the
recommendations, as contained in Mayor and Council Communication No. C-11811,
were
adopted.
M&C C-11812
assessment
re
paving
There was presented Mayor and Council Communication No. C-11812 from the
City
of portions
of
Manager submitting a tabulation of bids received for the assessment
g g paving of Truman
Truman, Myrtle,
Drive from Stal cup Road to Flemings Drive, Myrtle Street from Kuroki Lane to 2,100
feet
and Parkway
Drives
east, and Parkway Drive from Old Hemphill Road to dead-end; and' recommending that
the
City Council:
1. approve the following interfund, grant, and bond fund
transfers:
FROM TO AMOUNT REASON
94-009905-00 67-040134-00 $36,088.05 To provide funds
Special Truman, for the property
Assessments Myrtle and owner's share of
Unspecified Parkway the street
construction.
Minutes of City Council M-3 Page 443
4/1 -4 -
TUESDAY,
/1 -4 -
TUESDAY, AUGUST 15, 1989
M&C C-11812 cont.
67-040901-00
67-040134-00
$257,295.70
To provide funds
Drive and Myrtle Street;
Inner City
Truman,
authorize the assessment of a portion of the cost of the
for the City's
Streets
Myrtle and
6.
share of construc-
Unspecified
Parkway
tion cost.
establish September 26, 1989, as the date of the benefit
93-057801-00
93-052128-00
$64,946.35
To provide funds
8.
1989 Program
Myrtle and
for the City's
Unspecified
Parkway
share of resur-
adopt an ordinance reflecting the City Council's authorization
Resurfacing
and approval of Items 3 through 8 above, and other applicable
facing cost.
94-009905-00
67-017078-00
$93,688.00
To provide funds
ed
Special -
Truman Drive
Introduced an
for a 6 and 8 -inch
ordinance
Assessments
Water Main
Water Main
of said ordinance, prevailed by the following vote:
Unspecified
Replacement
Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Replacement.
76-206080-35
76-206080-52
$51,773.60
To provide funds
Eleventh
Truman and
for street
Year CDBG
Myrtle
improvements.
Inner City
Streets
2. authorize the City Manager to execute a contract with Steed,
Inc., in the amount of $93,688.00, based on its lowest
responsive bid for replacement of 6 and 8 inch water main in
Truman Drive;
3. authorize the City Manager to execute a contract with Walt
Williams Construction Company in the amount of $410,103.70,
based on its low bid for street improvements on Truman, Myrtle
and Parkway;
ABSENT: Council Member Chappell
The ordinance, as adopted, is as follows:
Minutes of City Council M-3 Page 444
4.
declare the necessity for and order the improvements to Truman
Drive and Myrtle Street;
5.
authorize the assessment of a portion of the cost of the
improvements against the owners of the abutting property;
6.
approve the estimate of costs and amounts to be assessed as
stated in the Engineer's Estimate;
7.
establish September 26, 1989, as the date of the benefit
hearing;
8.
authorize the preparation of assessment rolls and notification
of property owners in accordance with the provisions of
Article 1105b of the Vernon's Texas Civil Statutes; and
9.
adopt an ordinance reflecting the City Council's authorization
and approval of Items 3 through 8 above, and other applicable
requirements
M&C C-11812 adopt
On motion of
Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
ed
recommendations
were 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 McCray. 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:
Minutes of City Council M-3 Page 444
Ordinance No. II
10360
M&C FP -2600 re
accepted as com-
plete repair and
repainting of wash
water tank at Sout
Holly Treatment
Plant to J.R.
Stelzer Company
M&C FP -2601 re
accepted as com-
plete relocation
of Sanitary Sewer
Main 25 to Circle
C Construction
M&C G-8167 re
Express Taxi, Inc.
for privalege to
operate taxicabs
within City of
Fort Worth
V
5
TUESDAY, AUGUST 15, 1989
ORDINANCE NO. 10360
AN ORDINANCE DETERMINING THE NECESSITY FOR AND
ORDERING AND PROVIDING FOR THE IMPROVEMENT OF
TRUMAN DRIVE, UNIT II, FROM STALCUP ROAD TO
FLEMMINGS DR VE, MYRTLE STREET, UNIT III, FROM
KUROKI LANE TO 2,100 FEET EAST, AND PARKWAY
DRIVE, UNIT IV, FROM OLD HEM H LL ROAD,
WESTERLY TO DEAD END, ASSET FORTH; APPROVING
PROJECT PLANS AND IFICATIONS; ORDERING AND
APPROVING ESTIMATE OF COSTS; LETTING CONTRACT
TO WALT WILLIAMS CONSTRUCTION COMPANY IN THE
AMOUNT OF 410,103.70, FOR THE MAKING AND
CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING
APPROPRIATIONS FOR THE PURPOSE OF PAYING THE
INDEBTEDNESS THEREBY INCURRED; MAKING REVISIONS
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.
There was presented Mayor and Council Communication No. FP -2600 from the City
Manager stating that the repair and repainting of the wash water tank at South Holly
Treatment Plant has been completed in accordance with plans and specifications under
Contract No. 16969 authorized with J.R. Stelzer Company on February 28, 1989;
submitting proposed Change Order No. 1 increasing the work time from 75 calendar days
to 79 calendar days; and recommending that the project be accepted as complete; that
Change Order No. 1, increasing the work time bid from 75 calendar days to 79 calendar
days be approved; and that final payment in the amount of $13,302.88 be authorized to
J.R. Stelzer Company. It was the consensus of the City Council that the
recommendations be adopted.
There was presented Mayor and Council Communication No. FP -2601 from the City
Manager stating that the relocation of Sanitary Sewer Main 25 from 30th Street to 28th
Street has been completed in accordance with plans and specifications under Contract
No. 16942 authorized to Circle C Construction on February 7, 1989; and recommending
that the project be accepted as complete and that final payment in the amount of
$12,774.41 be authorized to Circle C Construction. It was the consensus of the City
Council that the recommendations be adopted.
Council Member Zapata made a motion, seconded by Council Member Granger, that
consideration of Mayor and Council Communication No. G-8167, Consideration of
Application of Express Taxi, Inc., for Privilege to Operate Taxicabs Within the City of
Fort Worth, and the hearing in connection therewith 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. G-8167 from the City
Manager, as follows:
SUBJECT: CONSIDERATION OF APPLICATION OF EXPRESS TAXI, INC., FOR
PRIVILEGE TO OPERATE TAXICABS WITHIN THE CITY OF FORT
WORTH
RECOMMENDATION:
It is recommended that the City Council:
1) consider and approve the findings and opinions of the City
staff as presented herein; and
2) deny the application of Express Taxi, Inc., for the privilege
to operate taxicabs within the City of Fort Worth.
BACKGROUND:
On April 4, 1989, Express Taxi, Inc. ("Express"), submitted to the
City its application for a franchise to operate a taxicab service
with a fleet of 100 taxicabs within the City of Fort Worth. A copy
of the Express application is attached hereto for the City
Council's review.
This application is the second such application made by Express to
provide taxicab service within the City. The first application,
wherein Express requested permission to operate 100 taxicabs within
the City, was submitted on April 10, 1988. That application was
denied by the City Council.on December 20, 1988, when the City
Minutes of City Council M-3 Page 445
4-6
TUESDAY, AUGUST 15, 1989
M&C G-8167 cont. Council determined, following investigation and report by the City
Express Taxi, Inc. staff and testimony by interested persons, that the public
necessity and convenience did not require the operation of
additional taxicabs within the City.
CITY COUNCIL CONSIDERATION:
In considering the pending application, the City Council, pursuant
to Section 34-138 of the City Code, must determine whether or not
the public necessity and convenience require the operation of such
taxicabs and whether or not the applicant is fit and proper and
qualified and able to efficiently conduct such business and render
such service to the public. In determining whether or not the grant
should be made, the City Council shall consider, among other
things, the following items:
1) Probable permanency and quality of the service offered by the
applicant, the experience he has had in rendering such service
in the city or similar service elsewhere, and the past record
and experience of the applicant in adjusting claims and paying
judgments, if any, to claimants;
2) The financial ability of the applicant to respond in damages
to claims or judgments arising by reason of injury to persons
or damage to property resulting from operation of a taxicab;
3) The price the applicant proposes to charge for a service to be
rendered and whether or not adequate and dependable service
can be rendered for such a price;
4) The character and condition of the taxicabs to be used;
5) If the applicant be a corporation, the fitness of the
officers, directors and stockholders of the corporation making
such application, and each of the above -enumerated items as
applied to each of the stockholders, officers and directors;
6) The character and past record of the applicant; and if the
applicant be a corporation, of its officers, directors and
stockholders.
Pursuant to Section 34-139 of the City Code, if the City Council
finds that the public necessity and convenience do not require the
operation of any additional taxicabs or that the applicant is not
fit to conduct such business for any reason, or that the interest
of the general public in the City will best be served by the
refusal of such application, then it shall refuse the application.
If the City Council finds that the public necessity and convenience
require the operation of the number of taxicabs applied for, or a
lesser number, and that the applicant is fit and qualified,
morally and financially, to conduct the business, and that the
general welfare of the citizens of the City will best be served by
the addition of more taxicabs, and that all other requirements have
been fully complied with by the applicant, the City Council shall
notify the applicant and all holders of grants for taxicab
operations of its findings. In the event of such a finding, the
then holders of grants for taxicab operations shall be given a
thirty -day period within which to add a sufficient number of
taxicabs to their operating fleets to take care of the need found
to exist. If, within the thirty -day period, such taxicabs are added
and so located to fill adequately the need found to exist, then the
City Council shall refuse the application and no grant of privilege
shall be made to the applicant. However, if the then holders of
grants of privilege fail to obtain the additional taxicabs needed
and to so locate them as to adequately fulfill the need found to
exist within the thirty -day period, then the City Council shall, by
ordinance, grant to the applicant the privilege to operate the
number of taxicabs specified by the City Council.
Depending on the City Council's decision on M&C G-8160, the "right
of first refusal" described above may have been repealed. If the
existing option provision is repealed, then the City Council may
forthwith adopt an ordinance granting the Express application for
the number of taxicabs specified by the City Council.
STAFF FINDINGS:
In making its findings, the City Council also may consider as
evidence the finding or opinion of the City staff who investigated
the subject application. In this connection, the City staff charged
with the duty of investigating applications for taxicab operations
within the City has investigated the application of Express Taxi,
Inc., and the staff's findings include:
(a) Fort Worth Cab and Baggage ("Yellow Cab") currently holds a
grant of privilege to operate 250 taxicabs within the City of
Fort Worth. Of these 250 permitted taxicabs, an average of
only 71 taxicabs each month were placed in operation by Yellow
Minutes of City Council M-3 Page 446
44
TUESDAY, AUGUST 15, 1989
M&C G-8167 cont.
Cab during the last calendar quarter ending June 1989, this
Express Taxi, Inc.
figure being based on the most recent quarterly payment of the
street rental fees made by Yellow Cab to the City.
(b) American Cab Company currently holds a grant of privilege to
operate 130 taxicabs within the City of Fort Worth. Of these
130 permitted taxicabs, an average of only 34 taxicabs each
month were placed in operation by American Cab Company during
the last calendar quarter ending June 1989, this figure being
based on the most recent quarterly payment of the street
rental fees made by American Cab Company to the City.
(c) Combining the information furnished in (a) and (b) above,
there is a total of 380 permitted taxicabs in the City. Of
these 380 permitted taxicabs, there was a monthly average of
only 105 permitted taxicabs operating on the• City's streets
during the last calendar quarter ending June 1989. This figure
is a decline of 35 operating taxicabs since March of 1988.
Due to the availability of other methods of local
transportation (personal automobiles, buses, limousines and
shuttles), and due to the currently weak Texas economy, the
forecast is that there will be no appreciable increase in the
next twelve months in the number of taxicabs operated by
existing privilege holders,
(d) American Cab Company filed for Chapter 11 bankruptcy in May of
this year and cannot at this time sustain the financial burden
of additional competition and still continue its quality and
competent service.
(e) In April of this year the Public Utilities staff suggested
that Express Taxi begin keeping a record of calls originating
in Fort Worth and that Express request callers to contact the
Public Utilities Supervisor should they have a complaint about
the denial of taxicab service. Any calls to the Public
Utilities Supervisor would be considered evidence of the need
for additional taxicabs in the City. To date, the Public
Utilities Supervisor has received no such calls. The Public
Utilities Supervisor also reports that for the last two years
there have been no complaints from the public or private
sector about the lack of taxicab service within the City.
(f) Interviews with representatives of the Tarrant County
Convention Center, Will Rogers Memorial Center, the Fort Worth
Chamber of Commerce, and the Fort Worth Convention and
Visitors Bureau reveal that they have received no complaints
from either the general public or from the hotel and motel
industry about the lack of taxicab service within the City.
STAFF OPINION:
It appears from the information contained in Express Taxi's
application, and from information gathered by independent
investigation by City staff, that Express is fit and qualified to
operate a taxicab service within the City. However, it is the
opinion of the City staff that the current Fort Worth market will
not sustain any new taxicab company entries, that the current
market is unstable, and that any new entries are likely to
contribute to a continued negative impact on those taxicab
companies currently operating in Fort Worth, thus adversely
affecting availability and quality of service to the public. As
such, the public necessity and convenience do not require the
operation of additional taxicabs within the City, and the interest
of the general public in the City will best be served by refusal of
Express Taxi's application.:
SCHEDULED HEARING:
A public hearing on the application of Express Taxi, Inc., is
scheduled to be held by the City Council prior to its consideration
and action on this M&C, so that the City Council may receive
testimony and other evidence from all parties interested in this
matter.
Deputy City Deputy City Attorney William W. Wood appeared before the City Council and
Attorney William advised the City Council that Mayor and Council Communication No. G-8167 constitutes
W. Wood re M&C G- the report of the staff which includes its findings and opinions and its recommendation
8167 that the City Council deny the application of Express Taxi, Inc., for taxicab service
in the City of Fort Worth on the basis that public necessity and convenience does not
justify additional taxicabs in the City of Fort Worth.
Mr. james Runzheim r Mr. James Runzheimer, representing Express Taxi, Inc., appeared before the
re M&C G-8167 City Council and distributed to the City Council Members a list of calls received by
Express Taxi, Inc., since January 1989 asking that taxicab service be provided by
Express Taxi, Inc., in Fort Worth; requested that the City Council reconsider its
previous action on the amendment of the taxicab ordinance; and requested that the City
Minutes of City Council M-3 Page 447
4 A 8
TUESDAY, AUGUST 15, 1989
Council give favorable consideration to the application of Express Taxi, Inc., to
There being no one else present desiring to be heard in connection with the
hearing on the application of Express Taxi, Inc., for the privilege to operate taxicabs
within the City of Fort Worth, Council Member Zapata made a motion, seconded by Council
Member Garrison, that the recommendation, as contained in Mayor and Council
Communication No. G-8167, be adopted. When the motion was put to a vote by Mayor Pro
tempore Gilley, it prevailed unanimously.
At this time, Mayor Bolen assumed the chair.
Zoning It appearing to the City Council that Resolution No. 1433 was adopted on
July 18, 1989, setting today as the date fop hearing in connection with recommended
changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has
been given by publication in the Fort Worth Star-Telegpam, the official newspaper of
the City of Fort Worth on July 24, 1989, Mayor Bolen asked if there was anyone present
desiring to be heard.
Council Member Webber made a motion, seconded by Council Member Murpin, that
the application of Herbert Weisblatt, et al, for a change in zoning of property located
at 3601 Avenue E from "E" Commercial and "I" and "J" Light Industrial to "PD -SU"
Planned Development Specific Use, Zoning Docket No. Z-89-37, be continued for one week.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
There being
operate taxicabs within the City of Fort Worth.
Mr. Ali Safavi
Mr. Ali Safavi, representing Express Taxi, Inc., appeared before the City
re M&C G-8167
Council and requested that the City Council give favorable consideration to the
to Zoning Ordinance No.
application of Express Taxi, Inc., for operation of taxicabs within the City of Fort
Gilley made a motion,
Worth.
i
Minister Raymond
Minister Raymond Price, 1804 Andrews; Mr. Milton H. Hamer, Jr.; and Tunde
Price, Mr. Milton
Shofu, 2706 Indian Creek, Arlington, appeared before the City Council and requested
H. Hamer, Jr. and
that the City Council give favorable consideration to the application of Express Taxi,
Tunde Shofu re
Inc., for the operation of taxicabs within the City of Fort Worth. '
M&C G-8167
Mr. Ike Dubose, Sr.
Mr. Ike DuBose, Sr., representing American Cab Company, appeared before the
re M&C G-8167
City Council -and requested that the City Council deny the application of Express Taxi,
Inc., for the operation of taxicabs within the City of Fort Worth.
Mr. James Parsons
Mr: James Parsons, 2741 Mercedes, appeared before the City Council and
M&C G-8167
requested that the City Council grant the application of Express Taxi, Inc., for the
operation of taxicabs within the City of Fort Worth.
Mr. Jim Richards
Mr. Jim Richards, 2200 South Riverside Drive, appeared before the City
re M &C G-8167
Council and requested that the City Council deny the application of Express Taxi, Inc.,
for the operation of taxicabs within the City of Fort Worth.
Mr. Lee Smith re
Mr. Lee Smith, 1612 Sheila Drive, appeared before the City Council and
M&C G-8167
requested that the City Council deny the application of Express Taxi, Inc., for the
operation of taxicabs within the City of Fort Worth.
At this time, Mayor Bolen excused himself from the Council Meeting and Mayor
Pro tempore Gilley assumed the chair.
Mrs. Susan Berenji
Mrs. Susan Berenji, 4225 East Lancaster, appeared before the City Council and
re M&C G-8167
requested that the City Council deny the application of Express Taxi, Inc., for the
operation of taxicabs within the City of Fort Worth.
There being no one else present desiring to be heard in connection with the
hearing on the application of Express Taxi, Inc., for the privilege to operate taxicabs
within the City of Fort Worth, Council Member Zapata made a motion, seconded by Council
Member Garrison, that the recommendation, as contained in Mayor and Council
Communication No. G-8167, be adopted. When the motion was put to a vote by Mayor Pro
tempore Gilley, it prevailed unanimously.
At this time, Mayor Bolen assumed the chair.
Zoning It appearing to the City Council that Resolution No. 1433 was adopted on
July 18, 1989, setting today as the date fop hearing in connection with recommended
changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has
been given by publication in the Fort Worth Star-Telegpam, the official newspaper of
the City of Fort Worth on July 24, 1989, Mayor Bolen asked if there was anyone present
desiring to be heard.
Council Member Webber made a motion, seconded by Council Member Murpin, that
the application of Herbert Weisblatt, et al, for a change in zoning of property located
at 3601 Avenue E from "E" Commercial and "I" and "J" Light Industrial to "PD -SU"
Planned Development Specific Use, Zoning Docket No. Z-89-37, be continued for one week.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
There being
no one else
present desiring to be
heard in connection with
recommended changes and
amendments
to Zoning Ordinance No.
3011, Mayor Pro tempope
Gilley made a motion,
seconded by
Council Member Garrison,
that the hearing be closed
and that the recommended changes and amendments be approved on the following cases:
Z-89-062 Z-89-062 PATRICIA DEAN BOSWELL, by Vivienne
Boswell Mays
5300 Pershing Avenue
"E -R" Restricted Commercial to "PD -SU" Planned
Development/Specific Use to permit all uses allowed in
the "E -R" Restricted Commercial District and a
floral/gift shop with on-site catering.
Z-89-063 Z-89-063 H& K LEASING COMPANY, b Paul N. Holley
3609, 3613, and 3617 Locke Avenue
"B" Two -Family to "I" Light Industrial
Z-89-064 Z-89-064 H. LOGAN SWORDS, II, by Terry Sisk
4300 East Lancaster Avenue
"B" Two -Family to "E" Commercial
Z-89-066 Z-89-066 CASS 0. EDWARDS, II, COLLEEN EDWARDS
GEREE -T-N—D CASSCO L ND INC., by
Scott Walker
Northwest of intersection of South Hulen
Street and I.H. #820/20
Minutes of City Council M-3 Page 448
-89-066 cont.
TUESDAY, AUGUST 15, 1989
."G" Commercial to "PD -SU" Planned Development/Specific
Use to permit all uses allowed in the "G" Commercial
.District, except the following:
1. The following Amusement enterprises, (unless any
such use is in conjunction with a restaurant or
hotel in which case such use shall be permitted):
a. Bars
b. Beer gardens
c. Cocktail lounges
d. Dance halls
e. Lounges
f. Nightclubs
g. Taverns
2. Automobile, motorcycle or trailer, sales.
3. Banks, savings and loans, and similar financial
institutions.
4. Baths, turkish and similar massage and health
treatments.
5. Billiard and pool halls.
6. Blood banks.
7. Boat sales.
8. Bowling alleys.
9. Bus stations.
10. Commercial swimming pools.
11. Drive-in businesses, including refreshment stands,
cafes and restaurants, if same are located along
Hulen Street or along Overton Plaza Drive east of
Kingsridge Road.
12. Feed stores (provided feed stores for the sale of
domestic pet foods are permitted).
13. Garages for repair of automobiles or paint and body
shops for automobiles.
14. Golf courses, including miniature courses, driving
tees, driving ranges and "pitch and putt" courses.
15. Mini -warehouses.
16. Newspaper distribution centers.
17. Pawnshops.
18.: Recreational vehicle parks.
19. Saddle and/or harness repair and sales.
20. Self-service or full-service car wash facilities.
21. Sexually oriented businesses, as defined in Section
18(A) of the City of Fort Worth Zoning Ordinance.
22. Shooting galleries.
23. Skating rinks.
24. Softball parks.
25. Teenage clubs.
Supplemental Buildinq Setback and Landscape
Requirements:
Development adjacent to South Hulen Street or Overton
Plaza Drive shall be subject to the following
restrictions (unless otherwise restricted):
1. Setbacks - The following building setbacks shall
apply (unless otherwise restricted):
Minutes of City Council M-3 Page 449
450
TUESDAY, AUGUST 15, 1989
Z-89-066 cont. a. All retail buildings constructed along South
Hulen Street, north of the South
Hulen/Westdale Street intersection, shall be
constructed a minimum of fifty feet (50') from
the easternmost property line of the subject
property (50' minimum setback).
b. All retail buildings constructed along Overton
Plaza Drive shall be setback a minimum of
thirty feet (30') from the northernmost
property line of the subject property (30'
minimum setback).
Provided, however, Screening walls may be located within
the supplemental building setback areas.
2. Landscaping and Screening - The following landscaping
and screening requirements shall apply to any retail
uses that are located upon the subject property in the
stipulated areas:
a. A landscaped area at least twenty feet (20') in
width shall be provided along the easternmost
property line of the subject property in that
area north of the South Hulen/Westdale Street
intersection. The minimum planting within such
landscaped area shall consist of an average of
one tree (either single trunk or multi -trunk)
for every twenty-five (25) linear feet of such
area. Single trunk trees shall be a minimum of
ten feet (10') in height with a minimum trunk
caliper of two and one-half inches (2-1/2")
measured twelve inches (12") above the root
ball. Multi -trunk trees shall consist of
yaupon holly or crepe myrtle a minimum of eight
feet (8') in height.
b. A landscaped area at least ten feet (10') in
width shall be provided along the northernmost
property line of the subject property that is
contiguous to Overton Plaza Drive. The minimum
planting within such area shall consist of an
average of one tree (either single trunk or
multi -trunk) for every twenty-five (25) linear
feet of such area. Single trunk trees shall be
a minimum of ten feet (10') in height with a
minimum trunk caliper of two and one-half
inches (2-1/2") measured twelve inches (12")
above the root ball. Multi -trunk trees shall
consist of yaupon holly or crepe myrtle a
minimum of eight feet (8') in height.
Provided, however, screening walls may be located
within supplemental landscaped areas.
Other Requirements:
1. Access - Direct access to the property from South Hulen
Street shall be limited to three driveway openings as
follows:
a. At the northeast corner of the property along South
Hulen Street;
b. At the intersection of Westdale and South Hulen
Streets; and
f
c. At the southeast corner of the property along South
Hulen Street (as far south as permitted by existing
access controls).
2. Lightings - Exterior lighting consisting of security
lighting and landscape lighting shall be designed and
constructed to provide on-site lighting only' Lighting
fixtures shall be utilized which direct site lighting
inward and downward to the greatest extent possible
while still maintaining adequate levels of lighting for
security purposes. Such lighting shall be shielded so
as to prevent beams or rays from being directed toward
adjacent residentially zoned properties.
3. Others - Any retail grocery store use on the property
shal be located a minimum of two hundred fifty feet
(250') west of the easternmost property line of the
Minutes of City Council M-3 Page 450
/151
TUESDAY, AUGUST 15, 1989
Z-89-066 cont. property. No retail grocery store shall be oriented
toward, or front upon. South Hulen Street.
4. Development Regulations - The height and Area
Regulations of the G Commercial District shall prevail
unless supplemented by more restrictive development
requirements outlined in this Ordinance.
5. Site Plan - A site plan is required for the eastern
portion of the site within two hundred fifty feet (250')
of the existing west right-of-way line of South Hulen
Street. The Site Plan requirements for the remainder of
the property (west of the existing easternmost two
hundred feet [250'1 of the subject property) is waived.
Z-89-068 Z-89-068 HILLWOOD DEVELOPMENT CORP., by Carter and Burgess, Inc.
Southwest corner of Park Vista Boulevard and future
Summerfields Boulevard
"A -R" Residential to "A" One -Family
Z-89-069 Z-89-069 EXXON COMPANY, U.S.A., by Robert Pruett
801 East Seminary Drive
"E" Commercial to "F" Commercial
When the motion was put to a vote by the Mayor, it prevailed unanimously.
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 Garrison. 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. 10361
10361 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME
BEING AN ORDINANCE REGULATING AND RESTRICTING
THE LOCATION AND USE OF BUILDINGS, STRUCTURES,
AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR
OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES
AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET
PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE
MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER,
SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH
DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION,
PURPOSE AND CONFLICT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
SECTION 6.
That any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than One Thousand Dollars ($1,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison,
that Zoning Docket No. Z-89-70, a proposed zoning ordinance text amendment changing the
designated representative to the Historic and Cultural Advisory Board from the
Development Director to the Planning Director and changing the votes to grant an
application before the Permit Committee from four affirmative votes to three
affirmative votes be adopted. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Minutes of City Council M-3 Page 451
452
TUESDAY, AUGUST 15, 1989
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 Garrison. 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. 10362
10362
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE NO. 3011, OF THE CITY OF FORT WORTH,
TEXAS, APPENDIX "A" OF THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, BY CHANGING THE
DESIGNATED REPRESENTATIVE TO THE HISTORIC AND
CULTURAL ADVISORY BOARD FROM THE DEVELOPMENT
DIRECTOR TO THE PLANNING DIRECTOR OF THE CITY
OF FORT WORTH; BY CHANGING THE VOTES TO GRANT
AN APPLICATION BEFORE THE PERMIT COMMITTEE FROM
FOUR AFFIRMATIVE VOTES TO THREE AFFIRMATIVE
VOTES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING .AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 2-G, "HC" Historic and Cultural Subdistrict,
of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of
the City of Fort Worth) be amended by changing subsection A.3. to
read as follows:
A. ORGANIZATION OF THE BOARD
3. Organization:
The board shall hold an organizational meeting within
thirty (30) days of appointment in October of each year
and shall elect a chairman and vice chairman from among
its members before proceeding to any other matters of
business. The Planning Director of the City of Fort
Worth, or his designated representative, shall be the
Secretary of the Board and shall provide technical
assistance to the Board. The Planning Director or his
designated representative shall serve as local historic
preservation officer. The Board shall meet regularly and
shall designate the time and place of its meetings. The
Board shall adopt its own rules of procedure and keep a
record of its proceedings in accordance with the state
statutes and this ordinance and the charter of the City
of Fort Worth. Newly appointed members shall be installed
at the first regular meeting after their appointment.
SECTION 2.
That Section 2-G "HC" Historic and Cultural Subdistrict
of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of
the City of Fort Worth) is hereby amended by, revising
subsection A.6. to read as follows:
A. ORGANIZATION OF THE BOARD:
6. Historic and Cultural Permit Committee:
The Board shall designate a Permit Committee composed of
three (3) appointed Board members, the Building Official
and the Planning Director.
The Permit Committee shall review all applications for
permits to construct, alter, reconstruct, modify, remove
or demolish any structure or site for conformance to
Minutes of City Council M-3 Page 452
Ordinance No.
10362 cont.
Introduced an
Ordinance
Ordinance No.
10363
-153
TUESDAY, AUGUST 15, 1989
guidelines and other provisions of this ordinance and
instruct the Building Official to grant or deny the
applications according to their findings.
Instructions to grant an application shall only be made
upon affirmative vote of three (3) members of the
Committee.
The decisions of the Permit Committee shall be the same
as if made by the Board.
SECTION 5.,
Any person, firm or corporation who violates,disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
fined not more than One Thousand Dollars ($1,000) for each offense.
Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 10.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
It appearing to the City Council that on August 15, 1989, City Manager
Douglas Harman delivered to each of the City Council Members a budget estimate of the
revenues of the City of Fort Worth and estimate of the expenses of conducting the
affairs of the City of Fort Worth for the 1989-90 fiscal year and that an ordinance has
been prepared setting forth the itemized estimates of expenses of conducting each
department, division, and office of the municipal government of the City of Fort Worth,
Texas, for the 1989-90 fiscal year and appropriating the money for the various funds
and purposes of such estimates proposed by the City Manager, Mayor Pro tempore Gilley
introduced an ordinance on first reading and made a motion that it be adopted. The
motion was seconded by Council Member Murrin. 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. 10363
AN ORDINANCE SETTING FORTH AN ITEMIZED ESTIMATE
OF THE EXPENSE OF CONDUCTING EACH DEPARTMENT,
DIVISION AND OFFICE OF THE MUNICIPAL GOVERNMENT
OF THE CITY OF FORT WORTH FOR THE ENSUING
FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND
ENDING SEPTEMBER 30, 1990, AND APPROPRIATING
MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF
SUCH ESTIMATE; APPROPRIATING MONEY TO PAY
INTEREST AND PRINCIPAL SINKING FUND REQUIREMENT
ON ALL OUTSTANDING INDEBTEDNESS; PROVIDING FOR
PUBLIC HEARINGS UPON THIS ORDINANCE BEFORE THE
ENTIRE CITY COUNCIL SITTING AS A COMMITTEE OF
THE WHOLE; AND PROVIDING A SAVINGS CLAUSE FOR
THE REPEAL OF ALL ORDINANCES AND APPROPRIATIONS
IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE; AND FOR THE PUBLICATION AND FINAL
PASSAGE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the appropriation for the ensuing fiscal year
beginning October 1, 1989, and ending September 30, 1990, for the
different departments and purposes of the City of Fort Worth be
fixed and determined as follows:
I. GENERAL FUND
1. Mayor and City Council $ 232,032
Minutes of City Council M-3 Page 453
454
TUESDAY, AUGUST 15, 1989
Ordinance No.
10363 cont. 2. City Manager 1,023,596
3. Office of Management Services 1,037,118
4. Information Systems and Services 5,099,924
5. Housing and Human Services 1,607,502
6. Development 2,794,717
7. Human Relations 272,551
8. Employment and Training 8,030
9. Internal Audit 530,476
10. City Secretary 459,563
11. Law 1,776,236
12. Finance 2,982,671
13. Personnel 1,699,394
14. Risk Management 451,635
15. Real Property Management 277,778
16. Transportation and Public Works 24,767,394
17. City Services 1,735,781
18. Planning and Growth Management 1,066,659
19. Public Events and Facilities 2,291,127
20. Police 56,456,334
21. Fine 35,836,908
22. Municipal Court 3,240,936
23. Public Health 5,685,701
24. Park and Recreation 14,137,821
25. Library 6,757,250
26. Non -Departmental 9,670,562
27. Debt Service 44,413,107
GENERAL FUND TOTAL $226,312,803
II. RETIREMENT ADMINISTRATION FUND
The Retirement Administration Fund shall be provided with
such revenue as may be secured through the complete reimbursement
of expenditures from the Retirement Fund and other sources as shown
by other ordinances heretofore passed, and such money shall be used
to meet the requirements of that department as provided in the
budget of the City Manager, which includes a total Retirement
Administration Fund appropriation of $222,372.
III. CULTURE AND TOURISM FUND
The Culture and Tourism Fund shall be provided with such
revenue as may be secured from the Hotel/Motel Occupancy Tax and
other sources as shown by other ordinances heretofore passed, and
such money shall be used to meet the requirements of that
department as provided in the budget of the City Manager, which
includes a total Culture and Tourism Fund appropriation of
$3,050,027.
IV. TEMPORARY LABOR FUND
The Temporary Labor Fund shall be provided with such
revenue as may be secured from the in-house charges to City
departments for the provision of temporary labor and other such
sources as shown by other ordinances heretofore passed, and such
money shall be used to meet the requirements of that department as
provided in the budget of the City Manager, which includes a total
Temporary Labor Fund appropriation of $561,853.
Minutes of City Council M-3 Page 454
455
TUESDAY, AUGUST 15, 1989
Ordinance No.
10363 cont. V. MUNICIPAL GOLF COURSE FUND
The Municipal Golf Course Fund shall be provided with
such revenue as may be secured from the Pecan Valley, Rockwood,
Z. Boaz, Meadowbrook and Sycamore Creek Golf Courses and other
sources as shown by other ordinances heretofore passed, and such
money shall be used to meet the requirements of that department as
provided in the budget of the City Manager, which includes a total
Municipal Golf Course Fund appropriation of $4,402,461.
VI. AIRPORTS FUND
The Aviation Department shall be provided with such
revenue as may be secured from the various sources included in the
budget of the City Manager, and such money shall be used to meet
the requirements of that department as provided in the budget of
the City Manager, which includes a total Airports Fund
appropriation of $1,753,657.
VII. WATER AND SEWER FUND
The Water and Sewer fund shall be provided with such
revenue as may be secured form the sale of water, sewer services
and other sources as shown by other ordinances heretofore passed,
and such money shall be used to meet the requirements of that
department as provided in the budget of the City Manager, which
includes a total appropriation for the Water and Sewer Fund of
$114,838,578.
VIII. MUNICIPAL PARKING FACILITIES FUND
The Municipal Parking Facilities fund shall be provided
with such revenues as may be secured from commercial off-street
parking to employees and citizens and commercial office space
leases in the Municipal Parking Garage and other sources as shown
by other ordinances heretofore passed, and such money shall be used
to meet the requirements of that department as provided in the
budget of the City Manager, which includes a total Municipal
Parking Facilities Fund appropriation of $266,696.
IX. OFFICE SERVICES FUND
The Office Services Fund shall be provided with such
revenue as may be secured from the in-house charges to City
departments for the provision of microfilming and office copying
services, plus other in-house functions such as the messenger and
motor pool service, the stationery stores service, and other
sources as shown by other ordinances heretofore passed, and such
money shall be used to meet the requirements of that department as
provided in the budget of the City Manager, which includes a total
Office Services Fund appropriation of $695,783.
X. EQUIPMENT SERVICES FUND
The Equipment Services Fund shall be provided with such
revenue as may be secured from charges for the performance of
maintenance and operations functions at the City's seven service
centers plus on-site maintenance work performed at the City's
landfills, and other sources as shown by other ordinances
heretofore passed, and such money shall be used to meet the
requirements of that department as provided in the budget of the
City Manager, which includes a total Equipment Services Fund
appropriation of $12,299,513.
XI. REPROGRAPHICS FUND
The Reprographics Fund shall be provided with such
revenue as may be secured from the in-house charges to City
departments for the provision of printing, binding, graphic arts
service, and other sources as shown by other ordinances heretofore
passed, and such money shall be used to meet the requirements of
that department as provided in the budget of the City Manager,
which includes a total Reprographics Fund appropriation of
$751,910.
XII. SOLID WASTE FUND
The Solid Waste Fund shall be provided with such revenue
as may be secured from the collection of municipal solid waste and
other sources as shown by other ordinances heretofore passed, and
such money shall be used to meet the requirements of that
department as provided in the budget of the City Manager, which
Minutes of City Council M-3 Page 455
456
TUESDAY, AUGUST 15, 1989
Ordinance No.I includes a total appropriation for the Solid Waste Fund of
10363 cont. $13,746,399. 1
XIII. COMMUNICATIONS FUND
The Communications Fund shall be provided with such
revenue as may be secured from the in-house transfers from City
departments for the provision of basic telephone line service,
maintenance of telephone lines and instruments, and lease/purchase
of telephone instruments and other equipment and other such sources
as shown by other ordinances heretofore passed, and such money
shall be used to meet the requipements of that department as
provided in the budget of the City Manager, which includes a total
Communications Fund appropriation of $2,126,556.
XIV. LAKE WORTH TRUST FUND
The Lake Worth Trust Fund shall be provided with such
revenues as may be secured from sales and leases of Lake Worth
properties and other sources as shown in the budget of the City
Manager, and such money shall be used to meet requirements of Lake
Worth properties as ppovided in the budget of the City Manager,
which includes a total Lake Worth Trust Fund appropriation of
$432,940.
XV. CABLE COMMUNICATIONS OFFICE
The Cable Communications Office shall be provided with
such revenue as may be secured from the various sources included in
the budget of the City Manager, and such money shall be used to
meet the requirements of that depaptment as provided in the budget
of the City Manager, which includes a total Cable Communications
Office appropriation of $607,269.
XVI. PROPERTY AND CASUALTY INSURANCE FUND
The Property and Casualty Insurance Fund 71 shall be
provided with such revenue as may be secured from the City
contributions from each operating fund and from the various sources
included in the budget of the City Manager, and such money shall be
used to meet the requirements of the Property and Casualty
Insurance Fund as provided in the budget of the City Manager, which
includes a total Fund 71 appropriation of $1,615,761.
XVII. WORKERS' COMPENSATION INSURANCE
The Workers' Compensation Fund 73 shall be provided with
such revenue as may be secured from the City contributions from
each operating department and from the various sources included in
the budget of the City Manager, and such money shall be used to
meet the requirements of the Workers' Compensation Insurance Fund
as provided in the budget of the City Manager, which includes a
total Fund 73 appropriation of $6,007,377.
XVIII. HEALTH INSURANCE FUND
The Health Insurance Fund 85 shall be provided with such
revenue as may be secured from the City contributions from each
operating department, from contributions from employees and
retirees, and from the various sources included in the budget of
the City Manager, and such money shall be used to meet the
requirements of the Health Insurance Fund as provided in the budget
of the City Manager, which includes a total Fund 85 appropriation
of $20,687,242. .
XIX. UNEMPLOYMENT COMPENSATION
The Unemployment Fund 86 shall be provided with such
revenue as may be secured from the City contributions from each
operating department and f pom the various sources included in the
budget of the City Manager, and such money shall be used to meet
the requirements of the Unemployment Compensation Insurance Fund as
provided in the budget of the City Manager, which includes a total
Fund 86 appropriation of $325,000.
SECTION 2.
That the distribution and division of the above named
appropriations be made in accordance with the budget of
expenditures submitted by the City Manager and as revised by the
City Council in accordance with the provisions of the City Chapter
and adopted by the City Council, which budget is made a part of
this ordinance by reference thereto and shall be considered in
connection with the expenditures of the above approppiations.
Minutes of City Council M-3 Page 456
457
SECTION 3.
Ordinance No.
10363 cont. That on Tuesday, August 15, 1989, the City Manager
presented to the City Council his budget estimate; that the City
Council of the City of Fort Worth shall sit as a committee of the
whole in the Council Chamber at the City Hall in the City of Fort
Worth on the 22nd day of August, A.D. 1989, at 10:00 o'clock A.M.,
to hear any complaints, suggestions or observations that any
citizen, taxpayer or party interested may desire to make with
reference to any or all the provisions of this ordinance; and that
such committee shall continue its deliberations from time to time
and day to day until the public has been given a full opportunity
to be heard.
SECTION 4.
That following the commencement of the public hearings
for which provision has been made in the preceding section, this
ordinance shall be published two times, one of which publications
shall not be less than ten (10) days before the second reading and
final passage of the ordinance, in the official newspaper of the
City of Fort Worth, which newspaper is one of general circulation
in said City.
SECTION 5.
That
this ordinance
shall
not be presented for final
passage until
ten (10) full
days
have elapsed after its
publication, as
provided by the
Charter
of said City.
SECTION 6.
That should any part, portion, section or part of a
section of this ordinance be declared invalid or inoperative or
void for any reason by a court of competent jurisdiction, such
decision, opinion or judgment shall in no way affect the remaining
portions, parts, sections or parts of sections of this ordinance,
which provisions shall be, remain and continue to be in full force
and effect.
SECTION 7.
That all ordinances and appropriations for which
provisions have heretofore been made are hereby expressly repealed
if in conflict with the provisions of this ordinance.
SECTION 8.
That this ordinance shall take effect and be in full
force and effect from and after the date of its passage and
publication as required by the Charter of the City of Fort Worth,
and it is so ordained.
It was the consensus of the City Council that the City Council sit as a
committee of the whole to hear any complaints, suggestions, or observations that any
citizen, tax payer, or interested person may desire to make with reference to the
proposed budget of the City of Fort Worth for the 1989-90 fiscal year and continue to
deliberate at each successive regular City Council meeting until the public has been
given sufficient opportunity to be heard.
The proposed ordinance levying ad valorem taxes for the 1989-90 fiscal year
budget based on the City Managers estimates was introduced.
It appearing to the City Council that on July 18, 1989, at its regular
meeting, the City Council set the second public hearing for today to consider the
annexation of approximately 119.025 acres of Old Decatur Village, more particularly
described by metes and bounds in City Council Minute book M-3, pages 239 through 240,
and that, due notice of the second public hearing was given by publication in the Fort
Worth Star -Telegram, that official newspaper of the City of Fort Worth, on August 2,
1989, Mayor Bolen asked if there was anyone present desiring to be heard.
Closed second There being no one present desiring to be heard in connection with the
public hearing on annexation of approximately 119.025 acres of Old Decatur Village, Council Member Zapata
annexation of made a motion, seconded by Mayor Pro tempore Gilley, that the second public hearing be
119.025 acres of closed and that the administrative staff be authorized to institute proceedings to
Old Decatur Village annex the area to the City of Fort Worth and, when the motion was put to a vote by the
Mayor, it prevailed unanimously.
djourned
There being/no further business, the
City Council meeting was adjourned.
MAYUR
Minutes of City Council M-3 Page 457