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HomeMy WebLinkAbout1989/08/29-Minutes-City Councilouncil Met embers Present nvocation !edge of llegiance inutes of August 2, 1989 approved onsent agenda pproved r. Oscar Perez ppointment to the ispanic Chamber f Commerce emoved Policy roposal No. C.P. 39 from the genda ouncil Proposal o. C.P. 139 Re- ised Irs. Bonnie Siddon: -e C.P. 139 CITY COUNCIL MEETING AUGUST 29, 1989 On the 29th 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: Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia Nell Webber, and David Chappell; City Manager Douglas Harman; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Liz Lamberth, Chaplain Ministry with the Aging, Tarrant Area Community of Churches. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the minutes of the meeting of August 22, 1989, were approved. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the consent agenda was approved. Council Member Zapata made a motion, seconded by Council Member Webber, that Mr. Oscar Perez be confirmed as the appointment of the Hispanic Chamber of Commerce to Place 13 on the Neighborhood Resources Development Council for a term of office expiring October 1, 1991. 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 Chappell, that Policy Proposal No. C.P. 139, Amendment to the City's Comprehensive Zoning Ordinance, be removed from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Council Proposal No. C.P. 139 Revised, submitted by Mayor Bolen, Mayor Pro tempore Gilley, *and Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell, proposing that the zoning ordinance be amended to create another class of family home for up to eight residents. Mrs. Bonnie Siddons, representing the Mental Health Association, appeared before the City Council in support of the proposed amendment for group homes creating family homes for up to eight residents. Minutes of City Council M-3 Page 504 .P. 139 approved ouncii Proposal o. C.P. 140 re ayroll Deduction or Political ction Committee r. David Manning e C.P. 140 Liability Bonds approved otices of Claims arl Van Commander homas C. Palmer ames Vernon Yell 5015 TUESDAY, AUGUST 29, 1989 Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that Council Proposal No. C.P. 139 Revised be approved and that the proposed amendment to the zoning ordinance be referred to the City Zoning Commission for the purpose of conducting hearings. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Council Proposal No. C.P.-140 submitted by Council Members Chappell, Granger, and Zapata stating that at the August 22, 1989, City Council meeting, Council Members Chappell, Granger, and Zapata asked that this matter involving payroll deduction for the political action committee of the Fort Worth Police Officers Association be placed on the August 29 City Council agenda for consideration and action; that the Fort Worth Police Officers Association has requested that the City of Fort Worth allow payroll deductions for the purpose of making contributions to its political action committee; and recommending that the City Personnel Policies be amended to authorize employee organizations, unions, and associations to have payroll deduction to make contributions to legally constituted political action committees. Council Member Granger made a motion, seconded by Council Member Zapata, that the City Personnel Policies be amended to permit payroll deductions to employee organizations and associations without regard to agreements between such organizations or associations and their members as to the use of such funds and that the cost of set-up shall be born by the groups requesting such deduction not to exceed $50.00 per group and born by each employee per pay period not to exceed $0.25, with members changing the deduction no more than once per year. Mr. David Manning, representing the Fort Worth Police Officers Association, appeared before the City Council and requested that the City Council give favorable consideration to the amended proposal for payroll deductions for the Fort Worth Police Officers Association. vote: When the motion was put to a vote by the Mayor, it prevailed by the following AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: Mayor Bolen and Council Member Garrison ABSENT: None approved: It was the consensus of the City Council that the following bonds be CONTRACTOR'S BOND Barker CATV Construction, Inc. Environmental Drillers, Inc. CEMENT BONDS Rene Concrete Company W.F. Carter Construction Company, Inc. Potter Concrete Company, Inc. Centex Real Estate Corporation dba Fox & Jacobs J.M.G. Concrete Contractors, Inc. INSURANCE COMPANY Universal Surety of America Hartford Casualty Insurance Company Eagle Insurance Company Gramercy Insurance Company Western Surety Company National Surety Corporation Western Surety Company 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: 1. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 3. Claimant: Date Received: Carl Van Commander August 23, 1989 February 26, 1989 Michael T. Watson/Teresa 0. Blanton 5000 Highway 360 $150,000.00 Claimant alleges damages and injuries as the result of street conditions. Thomas C. Palmer August 23, 1989 February 17, 1989 & March 29, 1989 6220 Curzon $3,338.85 Claimant alleges damages to his property as the result of a sewer back up. James Vernon Yell August 23, 1989 Minutes of City Council M-3 Page 505 TUESDAY, AUGUST 29, 1989 James Vernon Yell Date of Incident: July 6, 1989 claim cont. Location of Incident: Churchill Road Estimate of Damages/ Injuries: $735.00 Nature of Incident: Claimant alleges damages to his property as the result of a broken water line. Charles Bridges 4. Claimant: Charles Bridges Date Received: August 22, 1989 Date of Incident: August 14, 1989 Attorney: Daniel W. Lowe Location of Incident: Access Road to IH -35 near 28th and 33rd Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle. Mrs. E. Wahl 5. Claimant: Mrs. E. Wahl Date Received: August 22, 1989 Date of Incident: July 19, 1989 Location of Incident: 5632 Birchman Estimate of Damages/ Injuries: $40.00 Nature of Incident: Claimant alleges damages to her property as the result of a Water Department crew opening fire hydrant and allowing gravel and sand to enter into pipes., Robert E. Stafford 6. Claimant: Robert E. Stafford Date Received: August 22, 1989 Date of Incident: April 26, 1989 Location of Incident: 3017 Meadowmoor Estimate of Damages/ Injuries: $225.00 - $295.00 Nature of Incident: Claimant alleges damages to his property as the result of garbage truck backing into his mailbox. Mrs. Charlotte J. 7. Claimant: Mrs. Charlotte J. Lingo Lingo Date Received: August 22, 1989 Date of Incident: July 7, 1989 Location of Incident: 508 Churchill Road Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to her property as the result of flooding caused by broken water main from three houses over. Alfred Primm 8. Claimant: Alfred Prima Date Received: August 24, 1989 Date of Incident: August 10, 1989 Location of Incident: I-35 North between Hattie & Vickery Estimate of Damages/ Injuries: $50.00 Nature of Incident: Claimant alleges damages as the result of his automobile being towed to City Pound after calling another wrecker service to move the car. Free -Dells Cigaret a 9. Claimant: Free -Dells Cigarette Vending, Inc. Vending, Inc. (Douglas Frieden, Pres.) (Douglas Frieden, Date Received: August 21, 1989 Pres. ) Date of Incident: July 17, 1989 Location of Incident: Houston and Lancaster Estimate of Damages/ Injuries: $530.00 Nature of Incident: Claimant alleges damages to its automobile as the result of an accident involving a City -owned vehicle. Margaret Floyd 10. Claimant: Margaret Floyd Date Received: August 17, 1989 Date of Incident: August 1, 1989 Location of Incident: 1601 E. Cannon Estimate of Damages/ Injuries: $155.00 - $205.00 Minutes of City Council M-3 Page 506 Margaret Floyd con Felix Velasquez Correspondence fro Mr. James C. Rei - mann re Sammons Cable Service Correspondence fro Mr. Mike Middleton re ten -acre site o FM 157 TUESDAY, AUGUST 29, 1989 Nature of Incident: 11. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant alleges damages to her property as the result of a City -owned vehicle (police) striking fence post. calls for the City of Fort Worth to bear 30 percent of the cost of the interchange at U.S. 80 overpass at Felix Velasquez Green Oaks Blvd. Arterial Street System project to be accomplished by the State Department of Highways August 18, 1989 and Public Transportation using federal and state funds; that, since the design of this August 9, 1989 City's 30 percent share should be approximately 2.1 percent of the total construction 3900 Arnold cost; that the project is currently estimated to cost approximately $7,000,000.00, $1,398.90 recommending that the City Manager be authorized to reimburse the City of Arlington in Claimant alleges damages to his property as the result of a City -owned vehicle (garbage truck) backing into his driveway causing cave in. share of Green Oaks Boulevard Interchange with U.S. 80. It was the consensus of the 507 There was presented correspondence from Mr. James C. Reimann, 5261 Hunters Ridge, requesting that a mandate be issued requiring Sammons Cable Service to make necessary enhancements and changes to its system to ensure that the requirements of affordability, reliability, and flexibility are met and met within an acceptable period of time. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. There was presented correspondence from Mr. Mike Middleton, owner of Middleton Transportation Company, Post Office Box 161399, Fort Worth, Texas 76161-1399, stating that, when he purchased a ten -acre site on FM 157 located two blocks north of Highway 287, the survey reflected that the southwest corner was the only part of the ten -acre site within the Fort Worth City Limits with the southwest corner not being zoned and being vacant; and that the purpose of his correspondence is to establish the current use as a truck terminal so that, if the City ever annexes the property, the present use of the property will be excluded or grandfathered from the current zoning ordinance. It w.as the consensus of the City Council that the correspondence be referred to the Development Department. Council Member Zapata requested that the City Manager be instructed to add to the next City Council's Workshop Fort Worth's response to the other cities in the state of the "Fort Worth Only" policy. Mayor Bolen advised Council Member Zapata the item will be added to the next workshop agenda. Mayor Bolen and City Manager Harman praised Deputy City Manager David Ivory for his efforts and expertise in assisting the Northwest Independent School District in granting tax abatements to the Alliance Airport -American Airlines Project. M&C G-8177 re There was presented Mayor and Council Communication No. G-8177 from the City reimbursement to Manager stating that an agreement with the City of Arlington providing for cost sharing the City of Arling for design and construction of various elements on Green Oaks Boulevard was authorized ton for expended on May 5, 1988, by Mayor and Council Communication No. C-10955; that the agreement design costs fo the calls for the City of Fort Worth to bear 30 percent of the cost of the interchange at U.S. 80 overpass at U.S. 80/Green Oaks Boulevard; that the project has recently been approved as a Primary Green Oaks Blvd. Arterial Street System project to be accomplished by the State Department of Highways and Public Transportation using federal and state funds; that, since the design of this project should cost approximately seven percent of the total construction cost, the City's 30 percent share should be approximately 2.1 percent of the total construction cost; that the project is currently estimated to cost approximately $7,000,000.00, thus, our 30 percent share of design should be approximately $147,000.00; and recommending that the City Manager be authorized to reimburse the City of Arlington in the amount of $119,372.00 for the City of Fort Worth's share of currently expended design costs of the U.S. 80 overpass at Green Oaks Boulevard, and make additional payments for design up to a total of $147,000.00, and that a bond fund transfer in the amount of $147,000.00 be authorized from 90-037901-00, Development Adjacent to City Parks, to 90-136117-00, Green Oaks Boulevard Interchange, to fund the estimated City's share of Green Oaks Boulevard Interchange with U.S. 80. It was the consensus of the City Council that the recommendations be adopted. M&C G-8178 re temporary street closure of Main Street from Weath- erford to ninth Streets M&C G-8179 re work authorization for replacement of Sanitary Sewer L-3230 There was presented Mayor and Council Communication No. G-8178 from the City Manager stating that the Fort Worth Model A Ford Club will be displaying antique automobiles in honor of Grandparent's Day; that they are requesting to temporarily close Main Street from Weatherford to Ninth Streets on Sunday, September 10, 1989, from 6:00 a.m. until 6:00 p.m.; that the Fort Worth Model A Ford Club has provided the City with a certificate of its liability insurance and will secure the necessary barricades; and recommending that the City Council approve the temporary street closure of Main Street from Weatherford to Ninth Streets on Sunday, September 10, 1989, from 6:00 a.m. until 6:00 p.m. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Manager recommending that a work authorization be for the replacement of 956 linear feet of 8 -inch Operation crews; located in Dallas Avenue west of project cost of $50,380.84. It was the cor recommendation be adopted with funds available it Account No. 70-70-04, Index Code 387886. Communication No. G-8179 from the City authorized in accordance with AR3-3 sewer L-3230 by Water Department Field Canton Drive, for a total estimated >ensus of the City Council that the Water and Sewer Operating Fund 45, Minutes of City Council M-3 Page 507 X008 TUESDAY, AUGUST 29, 1989 M&C G-8180 re There was presented Mayor and Council Communication No. G-8180 from the City authorized the Manager stating that the Fort Worth Rugby Football Club has requested the sale of food Fort Worth rugby and alcoholic beverages be permitted at a one -day tournament in Rolling Hills Park on Football C1 ut to September 9, 1989, from approximately 8:00 a.m. to 6:00 p.m.; that the Fort Worth Rugby sell food and vev Football Club would pay all applicable fees including ten percent of gross revenue from erages at a rugby sales; that the tournament is the annual Cowtown Invitational Rugby Tournament which torunament at has been played in Forest Park for the last three years with food and beverage sales rolling Hills Park permitted as requested again this year; and recommending that the City Council permit the Fort Worth Rugby Football Club to sell food and beverages at a rugby tournament at Rollings Hills Park on September 9, 1989. It was the consensus of the City Council that the recommendation be adopted. M&C, G-8181 re There was presented Mayor and Council Communication No. G-8181 from the City amending Chapter Manager recommending that an ordinance be adopted amending Chapter 16, Section 16-407, 16 of the Code of "Health and Sanitation" of the Code of the City of Fort Worth, as amended, providing the City of Fort for the setting of fees for copies of vital records. Worth Health and Santation fees for Mr. Ramon Guajardo appeared before the City Council and advised the City copies of vital Council that the City's Information Services Department is designing a new system for records computer generated vital records for the Health Department and that the system should Mr. Ramon Guarjard be operation within three to four months. re M&C G-8181 Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. G-8181, be Introduced an adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ordinance Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10368 10368 AN ORDINANCE AMENDING CHAPTER 16, "HEALTH AND SANITATION", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, PROVIDING FOR THE SETTING OF FEES FOR COPIES OF VITAL RECORDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING HEALTH AND SANITATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 16-407 of Chapter 16 of the Code of the City of Fort Worth (1986), as amended, is hereby further amended to read as follows: "Sec. 16-407. Vital Statistics Fees. "The Vital Statistics Registrar shall be entitled to certain fees as may be established from time to time by the State Legislature for the search of and/or making copies of the records of vital statistics. The schedule of fees to be charged for such services shall be displayed in a public place by the Vital Statistics Division of the Health Department." SECTION 6. This ordinance shall take effect and be in full' force and effect from and after its passage, and it is so ordained. M&C G-8182 re There was presented Mayor and Council Communication No. G-8182 from the City amending to the Manager, as follows: Retirement Ordi nan a SUBJECT: AMENDMENT TO RETIREMENT ORDINANCE RECOMMENDATION: It is recommended that the City Council adopt the attached amendment to the City Retirement Ordinance, Section II which amends Minutes of City Council M-3 Page 508 509 TUESDAY, AUGUST 29, 1989 M&C G-8182 re the Ordinance to provide for payment by the Retirement Fund of the amending to the costs of retirees' health insurance and Section I which amends the Retirement Ordinan a Ordinance to provide for post-retirement, lump -sum withdrawal of contributions. DBUSSTON Beginning with the 1984-85 budget year and continuing through 1988-89, the Retirement Fund Board of Trustees annually approved payment to the City from the Retirement Fund of the costs of retirees' health insurance. In November 1988, the Board of Trustees informed the City Manager of their intention to discontinue this payment for all future years. Subsequent to this action the City Council was advised that without funding from the Retirement Fund the projected $3.2 million costs for 1989-90 would have to be assumed by the City budget. In response, the City Council contracted with A. Foster Higgins and Company, Inc. to provide professional assistance in identifying and evaluating their short-term options as well as long-term strategy for addressing the issue of post-retirement medical benefits. Among other recommendations in the Foster Higgins report to the Council was the recommendation to amend the Retirement Ordinance to specifically provide for the past voluntary payments for health insurance by the Retirement Fund and to provide for the 1989-90 payment by Council authorization. The attached amendment to the Ordinance will accomplish this recommendation. Also included in the attached amendment is a no -cost amendment which will allow a retiree, currently receiving bene-if:,its, to receive the balance of any remaining employee contribution in lump -sum and release the Retirement Fund from any obligation for future benefits. Council Member Garrison made a motion, seconded by Council Member Chappell, that Section 1 which amends the ordinance to provide for post-retirement, lump sum withdrawal of contributions be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Garrison made a motion, seconded by Council Member Murrin, that Section 2 of the ordinance providing for payment by the retirement fund of the cost of retirees' health insurance be approved. Council Member Zapata made a substitute motion, seconded by Council Member Murrin, that Section 2 of the proposed ordinance providing for payment by the retirement fund of the cost of retirees' health insurance be continued for two weeks and put on the agenda for an executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger requested that the City Council be provided in the executive session with options of changing City contributions to the employees' retirement fund. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. 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, Webber, and Chappell NOES: None Ordinance No. 10369 ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10369 AN ORDINANCE AMENDING ORDINANCE NOS. 2999, 4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317, 7875, 8674, 8843, 9247, 9532, 10081 AND 10291, CODIFIED AS CHAPTER 2, ARTICLE VI, DIVISION 1, ENTITLED "EMPLOYEES' RETIREMENT FUND", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A RETIREMENT SYSTEM, RETIREMENT PLAN AND BENEFITS THEREUNDER FOR EMPLOYEES OF THE CITY OF FORT WORTH; PROVIDING FOR LIMITED PAYMENT OF RETIREE HEALTH INSURANCE; ALLOWING FOR REFUND OF MEMBER CONTRIBUTIONS WITH REGULAR INTEREST AFTER RETIREMENT; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council M-3 Page 509 510 TUESDAY, AUGUST 29, 1989 Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 10369 cont. WORTH, TEXAS; SECTION VII. EFFECTIVE DATE This ordinance shall be in full force and effect from and after the date of its adoption and it is so ordained. M&C G-8183 re There was presented Mayor and Council Communication No..G-8183 from the City change of name Manager recommending that an ordinance be adopted changing the name of a portion of of a portion of "East Northside Drive", between I.H. 35W and Oakhurst Scenic Drive to "Yucca Avenue", "East Northside which will extend Yucca Avenue as a continuous street name eastward from its western Drive " to "Yucca terminus at I.H. 35W. Avenue" between I.H. 35W and Oak- Mr. Joe Bi 1 ardi , Director of the Development Department, appeared before the hurst Scenic Drive City Council and advised the City Council that he has learned this morning that the Mr. Joe Bilardi State Highway Department has indicated the removal and replacement of freeway signs re M&C G-8183 would cost several thousands of dollars; that the Traffic Engineering Division of the Transportation and Public Works Department has indicated it will cost approximately $600.00 to change the City street signs involved; and that a decision as to who among the citizens requesting the change will pay the cost has not been established; and requested that Mayor and Council Communication No. G-8183 be continued for two weeks. Council Member Zapata suggested that Mayor and Council Communication No. G-8183 be continued for one week and it was the consensus of the City Council that Mayor and Council Communication No. G-8183 be continued for one week. M&C G-8184 re There was presented Mayor and Council Communication No. G-8184 from the City di sannexi ng the Manager, as follows: Smallwood Estates Addition SUBJECT: ORDINANCE DISANNEXING SMALLWOOD ESTATES ADDITION (APPROX. 112 ACRES) FROM THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council decide whether to adopt the attached ordinance disannexing the subject property; from the corporate limits of the City of Fort Worth. DISCUSSION: Ms. Aliece Watts, acting on behalf of the home owners in Smallwood Estates, has submitted a petition to the Fort Worth City Secretary requesting that the area known as Smallwood Estates be disannexed from the corporate limits of the City of Fort Worth. The city staff has investigated the proposed disannexation and has submitted the attached Staff Information Report. The total area being considered for disannexation is approximately 112 acres, and was annexed into the city on January 24, 1978 by Ordinance No. 7679. There are approximately 80 registered voters in the area. No common boundary adjustments with other cities will be required for disannexation since the area will be released into the exclusive Extraterritorial Jurisdiction of Fort Worth. Smallwood Estates is currently in Council District 6. LOCATION: The subject property is located in Southeast Tarrant, East of Interstate 35W South at the intersection of Oak Grove Road South and Oak Grove Road East. If disannexed, it would be released from City Council District 6. Mr. Mike Brooks Mr. Mike Brooks appeared before the City Council and advised the City Council M&C G-8184 that there are street lights in the interior of Smallwood Addition that will have to be removed upon disannexation of the property. Assistant City Assistant City Attorney Gary Steinberger advised the City Council regarding Attorney Gary the tax proration issue for residents in Smallwood Estates. Steinberger re 4' M&C, G-8184 Mrs. Aliece Watts appeared before the City Council and expressed appreciation to City Secretary Howard for her work on the petition for disannexation and advised the Mrs. Aliece Watts City Council that it is her understanding MedStar will provide ambulance service but re M&C G-8184 that the response time will be reduced. Minutes of City Council M-3 Page 510 511 TUESDAY, AUGUST 29, 1989 Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that an ordinance be adopted disannexing Smallwood Addition from the corporate limits of the City of Fort Worth. When the motion was put to a vote by the Mayor, it prevailed unanimously. n troduce d an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be r diva nce adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote::. AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10370 0370 AN ORDINANCE DISANNEXING AND DISCONTINUING TERRITORY FROM WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN DIRECT CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; AND PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the hereinafter described territory within the corporate limits of the City of Fort Worth, Texas, be and the same is hereby disannexed and discontinued as part of the City of Fort Worth, Texas, said territory being described as follows: Being a portion of the Hiram Little Survey, Abstract #930 in Tarrant County, TX, situated about 11 miles southerly from the courthouse in Tarrant County, TX. Being a portion of the land annexed by the City of Fort Worth City Council Ordinance #7679, said Ordinance recorded in City Council Minute Book L-2, Pages 501-503, said portion lying south of the south line of Oak Grove Road East, also known as County Road #1023 and east of the east line of Oak Grove Road South, also known as County Road #1004, and said area being a portion of Smallwood Estates Addition and containing approximately 112 acres of land. SECTION 2. That the above-described territory is shown on the attached map marked Exhibit "A" on file in the office of the City Secretary of the City of Fort Worth, Texas, which map is expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That this ordinance shall and does hereby amend every prior ordinance in direct conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict herewith, this ordinance shall and the same is hereby made cumulative. SECTION 4. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, if any phrase, clause, sentence, or paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Minutes of City Council M-3 Page 511 TUESDAY, AUGUST 29, 1989 Ordinance No. ordinance of such unconstitutional phrase, sentence, paragraph, or 10370 cont. 11 section. It is recommended that the City Council: 1. approve the following bond fund transfer: FROM TO AMOUNT REASON 94-009905-00 67-040155-00 $43,749.23 To provide funds Special Loraine Street for the property Assessments owner's share of Unspecified the street con- struction. 2. declare the necessity for and order the improvements to Loraine Street from Schadt Street to Deen Road; 3. authorize the assessment of a portion of the cost of Loraine Street 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 October 3, 1989, as the date of the benefit hearing; 6. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 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. nTCrIICCTnN- The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Loraine Street from Schadt Street to Deen Road. The street is located in the Diamond Hill target area and qualifies for CDBG participation. Since the street was never constructed to City standards, CDBG will fund 30% of the project cost. This project is located in Council District No. 2. PROJECT DESCRIPTION: STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Loraine Street Schadt Street 30 60 to Deen Road PROPOSED IMPROVEMENTS: It is proposed to improve Loraine Street by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be thirty feet wide on a sixty -foot right-of-way. Four -inch thick concrete sidewalks and six-inch thick concrete driveway approaches 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 512 SECTION 5. That this ordinance shall be in full force and effect from and after the date of its passage by the City Council, and it is so ordained. M&C G-8185 re There was presented Mayor and Council Communication No.`G-8185 from the City improvements to Manager, as follows: Loraine Street frofl Schadt Street to SUBJECT: AUTHORIZATION OF PROJECT AND ESTABLISHMENT OF BENEFIT Deen Road HEARING DATE FOR THE ASSESSMENT PAVING OF LORAINE STREET FROM SCHADT STREET TO DEEN ROAD RECOMMENDATION: It is recommended that the City Council: 1. approve the following bond fund transfer: FROM TO AMOUNT REASON 94-009905-00 67-040155-00 $43,749.23 To provide funds Special Loraine Street for the property Assessments owner's share of Unspecified the street con- struction. 2. declare the necessity for and order the improvements to Loraine Street from Schadt Street to Deen Road; 3. authorize the assessment of a portion of the cost of Loraine Street 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 October 3, 1989, as the date of the benefit hearing; 6. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 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. nTCrIICCTnN- The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Loraine Street from Schadt Street to Deen Road. The street is located in the Diamond Hill target area and qualifies for CDBG participation. Since the street was never constructed to City standards, CDBG will fund 30% of the project cost. This project is located in Council District No. 2. PROJECT DESCRIPTION: STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Loraine Street Schadt Street 30 60 to Deen Road PROPOSED IMPROVEMENTS: It is proposed to improve Loraine Street by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be thirty feet wide on a sixty -foot right-of-way. Four -inch thick concrete sidewalks and six-inch thick concrete driveway approaches 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 512 5 C) 1 q) TUESDAY, AUGUST 29, 1989 &C G-8185 cont. 6" thick concrete pavement $31.28/L.F. mprovements to 7" high attached concrete curb $ 3.39/L.F.; oraine Street 6" thick concrete driveway approaches $ 3.21/S.F.' rom Schadt Street 4" thick concrete sidewalks $ 2.41/S.F. o Deen Road The assessment rates result in the following division of cost: Property Owners Fort Worth City Total $ 43,749.23 (11%) $339,050.77 (89%) 382,800.00 An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. The assessments have been adjusted accordingly. 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 Special Assessment 009905-00 Special Assessments Fund 94 Unspecified AMOUNT $43,749.23 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows: FUND PROJECT NO. PROJECT NAME AMOUNT Street Improvement 040155-00 Loraine Street $43,749.23 Fund 67 Financing for the City's share of the construction cost will be established at the time of the contract award. Council Members Chappell and Zapata advised the City Council they have a conflict of interest in voting on Mayor and Council Communication No. G-8185 because of a proposed assessment against the Fort Worth Independent School District. Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that Council Members Chappell and Zapata be permitted to abstain from voting on Mayor and Council Communication No. G-8185. 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 Murrin, that the recommendation contained in Mayor and Council Communication No. G-8185 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: None NOT VOTING: Council Members Zapata and Chappell n troduc e d an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be rdina nce 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council M-3 Page 513 514 Ordinance No. 10371 M&C G-8186 re improvements to De Costa Avenue, Lawnwood Avenue, and Brandies Street TUESDAY, AUGUST 29, 1989 ORDINANCE NO. 10371 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF LORAINE STREET, FROM SCHADT STREET TO DEEN ROAD, HEREINAFTER SET FORTH; ORDERING AND 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. There was presented Mayor and Council Communication No. G-8186 from the City Manager, as follows: SUBJECT: AUTHORIZATION OF PROJECT AND ESTABLISHMENT OF BENEFIT HEARING DATE FOR THE ASSESSMENT PAVING OF; DE COSTA AVENUE, LAWNWOOD AVENUE AND BRANDIES STREET RECOMMENDATION: It is recommended that the City Council: 1. approve the following bond fund transfer: FROM TO AMOUNT REASON 94-009905-00 67-040176-00 $63,649.80 To provide funds Special De Costa Avenue for the property Assessments Lawnwood Avenue owner's share of Unspecified and Brandies the street con - Street struction. 2. declare the necessity for and order the improvements to De Costa Avenue, Lawnwood Avenue and Brandies Street. 3. authorize the assessment of a portion of the cost of De Costa Avenue, Lawnwood Avenue and Brandies Street 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 26, 1989, as the date of the benefit hearing; 6. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 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 De Costa Avenue, from Lawnwood Avenue South approximately 750 feet, Lawnwood Avenue from Brandies Street to De Costa Avenue, and Brandies Street, from Lawnwood Avenue to East First Street. These streets are located in the Riverside target area and qualify for CDBG participation. Since the streets were never constructed to City standards CDBG will fund 30% of the project cost. This project is located in Council District No. 8. PROJECT DESCRIPTION: STREET LIMITS WIDTH -FEET ROW WIDTH/FEET De Costa Avenue From Lawnwood Avenue 27 40 South 750 Ft. Minutes of City Council M-3 Page 514 515 TUESDAY, AUGUST 29, 1989 M&C G-8186 cont. Lawnwood Avenue From Brandies 31 60 improvements to Street to De Costa De Costa Avenue, Avenue Lawnwood Avenue, and Brandies Street Brandies Street From Lawnwood Avenue 29 50 to East 1st Street PROPOSED IMPROVEMENTS: It is proposed to improve De Costa Avenue by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch lime stabilized subgrade so that the roadway will be twenty-seven feet wide on a forty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. It is proposed to improve Lawnwood Avenue by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the roadway will be thirty-one feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. It is proposed to improve Brandies Street by constructing a six-inch thick reinforced concrete pavement, with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the roadway will be twenty-nine feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches 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. (The streets will be bid separately, therefore, the assessment rates will differ with the width of the street.) 6 inch thick concrete pavement (31' wide) $32.30/L.F. 6 inch thick concrete pavement (29' wide) $30.05/L.F. 6 inch thick concrete pavement (27' wide) $29.17/L.F. 7 inch high attached concrete curb $ 2.94/S.F. 6 inch thick concrete driveway approaches $ 2.68/S.F. The assessment rates result in the following division of cost: Property Owners Fort Worth City TOTAL $ 63,649.80 (23%) $207,286.25 (77%) $270,936.05 An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. The assessments have been adjusted accordingly. 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 $63,649.80 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 040176-00 De Costa Avenue $63,649.80 Fund 67 Lawnwood Avenue and Brandies Street Financing for the City's share of the construction cost will be established at the time of contract award. Mayor Bolen, Mayor Pro tempore Gilley, and Council Members Garrison and Webber advised the City Council they must abstain from voting on Mayor and Council Communication No. G-8186 inasmuch as an assessment is proposed against Texas American Bank with which either they or a member of their families conduct business. Minutes of City Council M-3 Page 515 516 TUESDAY, AUGUST 29, 1989 Council Member Granger made a motion, seconded by Council Member Chappell, that the recommendations contained in Mayor and Council Communication No. G-8186 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Council Members Zapata, Granger, McCray, Murrin, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Bolen; Mayor Pro tempore Gilley; and Council Members Garrison and Webber Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Council Members Zapata, Granger, McCray, Murrin, and Chappell Ordinance No. 10372 M&C G-8187 re proposed water and sewer rate in- creases and rates NOES: None ABSENT: None NOT VOTING: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison and Webber The ordinance, as adopted, is as follows: ORDINANCE NO. 10372 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF DE COSTA AVENUE, FROM LAWNWOOD AVENUE, SOUTH APPROXIMATELY SEVEN HUNDRED AND FIFTY FEET, LAWNWOOD AVENUE, FROM BRANDIES STREET TO DE COSTA AVENUE, AND BRANDIES STREET, FROM LAWNWOOD AVENUE TO EAST FIRST STREET, AS HEREINAFTER SET FORTH; ORDERING AND 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. There was presented Mayor and Council Communication No. G-8187 from the City Manager, as follows: SUBJECT: 1989 PROPOSED WATER AND SEWER RATE RECOMMENDATION: INCREASES AND RATES It is recommended that the City Council approve the attached ordinance which revises water and sewer rates with an effective date of billing on or after November 1, 1989; and approve a net combined water and sewer rate increase of 13.9% above existing volume charges rates. DISCUSSION: Since the water and sewer rate increase last year, debt service, raw water costs, and other operation and maintenance costs have continued to increase. Two major water expenditures, raw water costs and debt service, are expected to increase by $1,053,595 (4.5%) and $4,475,870 (40.3%) respectively. Due to major sewer capital improvements by the Trinity River Authority and the City, sewer debt service is expected to increase by $2,855,327 (24.7%). Without a rate increase to offset the increased costs in the FY 89/90 budget, the projected combined deficit for this year is $10,924,072. The large on-going water and sewer CIP program is expected to continue to drive up debt service and operation and Minutes of City Council M-3 Page 516 517 TUESDAY, AUGUST 29, 1989 &C G 8187 cont. maintenance costs in the coming years. The proposed 1990 water and roposed water and sewer budget reflects every effort to restrain costs,including ewer rate in- delaying the issuance of bonds through the use of a commercial reases and rates paper program to fund for the construction of the Eagle Mountain Lake Water Treatment Plant and related projects until 1990, and obtaining low interest State revolving fund loans for Village Creek Wastewater Treatment Plant expansion projects. Water and sewer operating fund reserves are not adequate to offset the need for FY 1990 water and sewer rate increases. The Water Department staff conducted a water cost of service study and presented water and sewer rate increase recommendations to the Council Rate Committee on July 11, 1989. As a result of these discussions with the Rate Committee, water and sewer rate increases of 10.2% and 20.8%, respectively, based on volume, are recommended. These percentages represent the net average. Percentage change of each individual component of the water and sewer charge varies slightly. The following water and sewer rates are proposed by the Water Department: Retail Water Rates Present Meter Monthly Water Service Size Charge 5/8" X 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" 10" 12" $ 2.75 $ 4.90 $ 8.45 $ 12.70 $ 24.10 $ 36.90 $ 72.50 $115.20 $165.05 $187.50 Residential Monthly Water Volume Charge: Rate Per 100 Cubic Feet Proposed Monthly Water Service Charge $ 3.05 $ 5.45 $ 9.40 $ 14.15 $ 26.80 $ 41.00 $ 80.70 $128.25 $183.75 $208.75 Water Use Cubic Feet Present Proposed 4,000 $1.15 $1.28 Over 4,000 $1.30 $1.44 Non -Residential Monthly Volume Charge: Rate Per 100 Cubic Feet Oct -May June -Sept Oct -May June -Sept Water Use Cubic Feet Present Present Proposed Proposed 4,000 $1.51 $1.51 $1.67 $1.67 Next 46,000 $1.03 $1.51 $1.14 $1.67 Next 200,000 $1.03 $1.03 $1.14 $1.14 Over 250,000 $0.80 $0.80 $0.89 $ .89 Retail Sewer Rates Present Proposed Sewer Sewer Charge Charge Monthly Service Charge $4.50 $4.50 Volume charge per $0.668 $0.871 100 cubic feet Monitored customer Volume charge per $0.487 $0.569 100 cubic feet B.O.D. strength charge, $0.087 $0.074 per pound of B.O.D. Suspended solids strength charge, per pound of $0.046 $0.137 suspended solids Wholesale Rates In accordance with provisions of the Customer Contracts for wholesale water and wastewater service, consulting firms are engaged every three years to review rate methodology and update wholesale water and wastewater rates. Rates will be revised in interim years by the Fort Worth Water Department staff. Minutes of City Council M-3 Page 517 518 TUESDAY, AUGUST 29, 1989 M&C G-8187 cont. For FY 1990 rates, the water rate study was performed by Touche proposed water and Ross and Company. The wastewater rate study was completed by Peat sewer rate in- Marwick Main and Company. The studies resulted in the following creases and rates rate structures: Wholesale Water Rates Raw Water Rates The cost of untreated water supplied by Tarrant County Water Control and Improvement District No. 1 is $0.49007 for use inside the District and $0.58007 outside the District. Adjusted for street rental and system loss, the raw water charge to customers is $0.53006 inside the District and $0.62740 outside. On motion of Council Member Murrin, seconded by Council Member Garrison, the recommendation, as contained in Mayor and Council Communication No. G-8187, was adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10373 10373 AN ORDINANCE AMENDING SECTIONS 35-56(a), 35-56(b), 35-56(c) AND 35-56(d) AND ADDING SECTIONS 35-56(f) AND 35-56(g) OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING A DEFINITION AND REVISING CERTAIN RATES AND CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-8188 ree There was presented Mayor and Council Communication No. G-8188 from the City Proposed increase Manager, as follows: in water and sewer tapping fees SUBJECT: PROPOSED INCREASE IN WATER AND SEWER TAPPING FEES AND and fireline ser- FIRELINE SERVICE CHARGES vice charges RECOMMENDATION: It is recommended that the City Council approve the attached ordinance which revises water and sewer tap fees and fireline service charges with an effective date of billing on or after October 1, 1989. DTCirlIrCTnN- Increasing the charge for fireline services by the same ratio reflected in the proposed monthly water service charge will result in the following: Minutes of City Council M-3 Page 518 Present Proposed Volume ($/1,000 gallons)* $0.3183 $0.3719 Maximum Day ($/Mgd excess) $62,974 $57,873 Maximum Hour ($/Mgd excess) $29,450 $30,935 Customer ($/Meter/Month) $ 25 $ 25 *Excludes raw water costs to be added when determined by Tarrant County Water Control and Improvement District. Wholesale Wastewater Rates Present Proposed Volume ($/1,000 gallons) $0.4295 $0.3779 BOD ($/pound) $0.0931 $0.0841 Suspended Solids ($/pound) $0.0472 $0.1482 Customer ($/Month) $ 53 $ 54 Raw Water Rates The cost of untreated water supplied by Tarrant County Water Control and Improvement District No. 1 is $0.49007 for use inside the District and $0.58007 outside the District. Adjusted for street rental and system loss, the raw water charge to customers is $0.53006 inside the District and $0.62740 outside. On motion of Council Member Murrin, seconded by Council Member Garrison, the recommendation, as contained in Mayor and Council Communication No. G-8187, was adopted. Introduced an Council Member Murrin 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10373 10373 AN ORDINANCE AMENDING SECTIONS 35-56(a), 35-56(b), 35-56(c) AND 35-56(d) AND ADDING SECTIONS 35-56(f) AND 35-56(g) OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING A DEFINITION AND REVISING CERTAIN RATES AND CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-8188 ree There was presented Mayor and Council Communication No. G-8188 from the City Proposed increase Manager, as follows: in water and sewer tapping fees SUBJECT: PROPOSED INCREASE IN WATER AND SEWER TAPPING FEES AND and fireline ser- FIRELINE SERVICE CHARGES vice charges RECOMMENDATION: It is recommended that the City Council approve the attached ordinance which revises water and sewer tap fees and fireline service charges with an effective date of billing on or after October 1, 1989. DTCirlIrCTnN- Increasing the charge for fireline services by the same ratio reflected in the proposed monthly water service charge will result in the following: Minutes of City Council M-3 Page 518 ��� TUESDAY, AUGUST 29, 1989 M&C G-8188 cont. Inch $ Present Increase 11 Recommended proposed increase $ 775 Si ze Charge Rati o $ Charge 24 in water and 14.6% $ 775 -0- 1-1/2 Inch $ 850 sewer tapping fees $1,057 4" and under 15.25 11.11% 2 $ 16.95 $ and fi rei i ne ser- 14 6" 22.90 11.31% 11% $ 25.50 vice charges 8" 30.50 11.33% $ 33.95 Street -Unimproved 10" 50.65 11.33% $ 56.40 4 Inch 12" 94.40 11.33% -0- $105.10 $ 850 -0- 6 A survey of costs experienced by the Water Department on water and -0- sewer taps performed since October 1, 1988 indicates that fees need Inch $ to be revised as follows: -0- -0- $ 950 -0- Paved: Water Taps: Present Number Average % Over Recommend- % In - Unimproved Street: Fee Taps Cost Under ed Fee crease (23.5%) $1,125 25% 3/4 Inch $ 550 3 $ 381 30.7% $ 550 -0- (0.8%) $1,175 1 Inch $ 550 12 $ 491 10.7% $ 550 -0- $1,266 (5.5%) 1-1/2 Inch $ 575 8 $ 622 (8.2%) $ 650 13% 2 Inch $ 600 20 $ 665 (10.8%) $ 675 12.5% Paved Street: 3/4 Inch $ 775 11 $ 635 18.1% $ 775 -0- 1 Inch $ 775 24 $ 662 14.6% $ 775 -0- 1-1/2 Inch $ 850 17 $1,057 (24.4%) $ 975 15% 2 Inch $ 900 14 $ 834 7.3% $1,000 11% Sewer Taps: Street -Unimproved 4 Inch $ 850 -0- -0- $ 850 -0- 6 Inch $ 850 -0- -0- $ 850 -0- 8 Inch $ 950 -0- -0- $ 950 -0- Paved: 4 Inch $ 900 68 $1,112 (23.5%) $1,125 25% 6 Inch $1,000 3 $1,008 (0.8%) $1,175 17.5% 8 Inch $1,200 3 $1,266 (5.5%) $1,300 8% Tap in Alley: 4 Inch $ 425 40 $ 520 (22.4%) $ 550 29% 6 Inch $ 475 -0- -0- $ 575 21% 8 Inch $ 500 -0- -0- $ 600 20% Tap in Easement: 4 Inch $ 450 46 $ 384 14.7% $ 450 -0- 6 Inch $ 475 4 $ 299 37.1% $ 475 -0- 8 .Inch $ 575 2 $ 398 30.8% $ 575 -0- On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Mayor and Council Communication No. G-8188, was adopted. Introduced an Council Member Garrison 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10374 10374 AN ORDINANCE AMENDING SECTIONS 35-57(a) AND 35-57(b), OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN RATES AND CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE- DATE. FFECTIVE•DATE. Minutes of City Council M-3 Page 519 TUESDAY, AUGUST 29, 1989 M&C G-8189,re There was presented Mayor and Council Communication No.' G-8189 from the City granting forty Manager, as follows: year franchise to Koch Refining SUBJECT: ORDINANCE GRANTING FORTY -YEAR FRANCHISE TO KOCH REFINING Company for re- COMPANY FOR PLACEMENT OF ITS PIPELINE IN CITY STREETS AND placement of its RIGHTS-OF-WAY pipeline in City Streets and rights RECOMMENDATION: of -way It is recommended that the City Council adopt the attached ordinance granting a forty (40) year franchise to the Koch Refining Company for a products pipeline to be constructed along and across certain streets and rights-of-way within the City of Fort Worth. DISCUSSION: For the past several months, the City staff (Law/Public Utilities Division) has been negotiating with the Koch Refining Company, hereinafter called "Koch", regarding the proposed construction of a products pipeline between the Koch Refinery in Corpus Christi and the D/FW Airport. The proposed pipeline route is to be installed in and along approximately 11,125 linear feet of City right-of-way within the city limits. The purpose of this pipeline is to provide aviation fuels and products to major airline carrier operations at D/FW (American and Delta airlines). The pipeline within the City will be placed in a number of public streets and roads in the extreme northeastern part of the City near the Airport. It will be necessary to temporarily use':a strip of workspace immediately alongside the pipeline location during the process of construction. The pipeline will be built by contract, and the contractor is already at work between here and the Corpus Christi terminal. The proposed "street use" agreement between Koch and the City is expressed in the draft ordinance form (attached), which follows the customary form utilized in pipeline or other utility agreements which provide for the use of the City's streets and public ri ghts-of -way. The ordinance differs from other similar street -use ordinances in that a longer term of privilege is recommended (40 years). The reason for this departure from the normal 25 -year term is to provide a term consistent with the 40 -year term agreement between Koch and the D/FW Airport Board, which was approved in May 1989. Under the terms of the proposed ordinance, Koch will make an initial payment of $10,000 representing the fee for the first year of the forty -year term of the franchise, payable upon the City Council's approval of the franchise. Thereafter, Koch will make annual payments during each of the remaining successive thirty-nine years at the rate of not less than $1.25 per year per linear foot of City -owned right-of-way used (an approximate distance of 11,125 linear feet). These annual fees will be adjusted on a percentage basis and proportionally to the percentage change in the Implicit Price Deflator for the Gross National Product as determined by the Federal Reserve Bank of St. Louis, at one-year intervals during the course of the franchise. Without regard to annual increases due to inflation, this ordinance will produce additional revenues to the City over the life of the franchise of no less than $552,343.75. Mr. Richard Augh- Mr. Richard Aughinbaugh, representing the Department of''Law, appeared before inb augh re M&C G- the City Council and advised the City Council that other pipeline agreements are almost 8189 identical to the one proposed for Koch Refining Company as proposed in Mayor and Council Communication No. G-8189. Mr. Gary Stein- Mr. Gary Steinberger, Assistant City Attorney, appeared before the City be rger re M&C, G_ Council and advised the City Council that on Page 3 of Exhibit B, a correction has been 8189 made to the reference by Sheet 8/9 and that the Water Department has withdrawn its objection to the pipeline being located within the median of Trinity Boulevard and the parties have agree to it being located in the southern portion of the median with the exact location to be approved by the Water Department staff. Council Member Chappell advised the City Council that he has a conflict of interest in not voting on Mayor and Council Communication No. G-8189 involving Koch Refining Company. Minutes of City Council M-3 Page 520 TUESDAY, AUGUST 29, 1989 Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-8189, 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, Granger, McCray, Murrin, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell 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: None NOT VOTING: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10374 10375 AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A PETROLEUM PRODUCTS PIPELINE BY KOCH REFINING COMPANY ACROSS, OVER AND UNDER CERTAIN STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF FORT WORTH; MAKING THIS ORDINANCE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, AND REPEALING ALL PRIOR ORDINANCES IN DIRECT CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Koch Refining Company, a Delaware corporation, hereinafter referred to as "Koch", desires the use of certain public streets and rights-of-way within the City of Fort Worth, for the purposes set forth below, pursuant to the provisions of the laws of the State of Texas; and WHEREAS, it is the position of the City of Fort Worth that Koch must obtain a license in order to use the public rights-of-way; and WHEREAS, the Fort Worth City Council has determined that it is appropriate to grant said license to Koch; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 15. ENGROSSMENT The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the Caption and Sections 15 and 16 of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 16. PUBLICATION The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in its entirety in the official newspaper of the City once a week for four (4) consecutive weeks within a period of thirty (30) days after its passage, as required by Section 2, Chapter XXV, of the City Charter. Minutes of City Council M-3 Page 521 22 TUESDAY, AUGUST 29, 1989 M&C G-8190 re appointment of There was presented Mayor and Council Communication No. G-8190 from the City Armando Hernandez Manager stating that the Fort Worth Transportation Executive Committee initially was Dr. George Kemble appointed by the Fort Worth City Council in November 1983 following the public Barbara Ferrell, referendum which established FWTA; that eight members are appointed by the City S.R. Roberson, Council; with the ninth member is appointed by Tarrant County Commissioners Court; and Jeter Pruett, The recommending that the City Council appoint Armando Hernandez„ Dr. George Kemble, Reverend J.W. Barbara Ferrell, S.R. Roberson, Jeter Pruett, Rev. J.W. Briscoe, Roy Laverne Brooks, Briscoe, Roy La- and Kenneth Barr, to the Fort Worth Transportation Authority Executive Committee for one verne Brooks, and year terms from September 1, 1989, to August 31, 1990, and recommend to the Tarrant Kenneth Barr to County Commissioners Court that Hershel R. Payne be appointed as the County's appointee the Fort worth to the FWTA Executive Committee. Transportation Authority Council Member Chappell advised the City Council that'he has a conflict of interest in voting on Mayor and Council Communication No. G-8190. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that Council Member Chappell be allowed to abstain from voting on Mayor and Council Communication No. G-8190. When the motion was put to a.vote by the Mayor, it prevailed unanimously. AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-8190 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, Granger, McCray, Murrin, and Webber NOES: None ABSENT• None NOT VOTING: Council Member Chappell M&C G-8191 re There was presented Mayor and Council Communication No. G-8191 from the City D/FW Rai 1 trahn Manager, as follows: System Budget fiscal Year 1990 SUBJECT: D/FW RAILTRAN SYSTEM BUDGET FISCAL YEAR 1990 RECOMMENDATION: The D/FW RAILTRAN System Policy Committee recommends that: 1. the City Council approve the attached RAILTRAN fiscal year 1990 operating budget, per the August 11, 1989 recommendation of the RAILTRAN Policy Committee; 2. adopt the attached appropriation ordinance increasing estimated receipts and appropriations in Special Trust Fund 72, Project No. 514000-00, RAILTRAN Operations; and 3. accept the transfer of $419,850 from the Dallas RAILTRAN account for deposit to Special Trust Fund 72, Project No. 514000-00, RAILTRAN Operations. DISCUSSION: The RAILTRAN Policy Committee is charged by the City Councils of Fort Worth and Dallas with the day-to-day responsibility for administering, planning and developing the RAILTRAN right-of-way for mass transit usage. Official actions are recommended to the two City Councils for approval. Fort Worth and Dallas city staff provide planning, property management, and administrative support for the work of the RAILTRAN Policy Committee; their time spent on RAILTRAN projects is charged to RAILTRAN and is not paid from the General Fund of either city. On August 11, 1989, the RAILTRAN Policy Committee adopted the RAILTRAN fiscal year 1989-90 operating budget to authorize expenditures made for RAILTRAN activities. The RAILTRAN policies provide for the approval of this budget by the two City Councils, although RAILTRAN revenues must be reserved for mass transit usage only. Minutes of City Council M-3 Page 522 r7 9 ' O"k TUESDAY, AUGUST 29, 1989 &C G-8191 cont. The RAILTRAN Administration -Fort Worth and RAILTRAN Property Management -Dallas budgets are consolidated in the attached document. All costs associated with the Cities' management and planning functions for the RAILTRAN property are listed under these categories. Costs to be incurred for outside professional services, such as consulting engineering, right-of-way maintenance and intergovernmental relations are listed under contract services. The 1990 budget is substantially smaller than the previous years' because the previously approved Property Inventory and Information Management System work is completed. Introduced an Ordinance rdinance No. 0376 M&C G-8192 re amending Chapter Running Up Air- craft Engines FINANCIAL: RAILTRAN is a self-supporting activity. Rental income generated by leasing the right-of-way supports all costs. One of the stipulations of the Urban Mass Transportation Administration is that revenues may be used only for activities relating to administration, maintenance, planning and operation of mass transportation in the Corridor. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendations, as contained in Mayor and Council Communication No. G-8191, were adopted. Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10376 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND, FUND 72, PROJECT 514000-00, RAILTRAN OPERATIONS, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989 BY THE SUM OF $419,850 AND APPROPRIATING SAID $419,850 TO THE SPECIAL TRUST FUND, FUND 72, PROJECT 514000-00, RAILTRAN OPERATIONS, FOR THE PURPOSE OF ADOPTION OF THE RAILTRAN FISCAL YEAR 1989-90 OPERATING BUDGET; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. There was presented Mayor and Council Communication No. G-8192 from the City 3 Manager stating that the City Council took several actions concerning development of a proposed American Airlines maintenance base adjacent to Alliance Airport on August 8, 1989; that one Council action was the approval of Mayor and Council Communication No. C-11803, which authorized the City Manager to sign a master agreement for the maintenance base; that Section 6.01(b) of the master agreement states: "To further render the Airport and project suitable for American's intended purposes, the City agrees prior to September 1, 1989, to amend Section 3-121 of the City Code so as to exempt the airport and the surrounding area (including the land and the Option Land) from the provisions thereof such that maintenance run -ups of aircraft engines may be carried out on the Land and/or the Option Land on a 24-hour per day basis." It was further stated that the City Council previously has adopted an airport zoning ordinance for Alliance Airport and the ordinance is designed to provide adequate noise control regulations for Alliance Airport and will remain in effect; and recommending Minutes of City Council M-3 Page 523 2/1 TUESDAY, AUGUST 29, 1989 M&C G-8192 cont. that the City Council adopt an ordinance amending Section 3-121, Running Up Aircraft Engines, of the Fort Worth City Code. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the recommendation was adopted. Introduced an;r Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10377 10377 AN ORDINANCE AMENDING SECTION 3-121, RUNNING UP AIRCRAFT ENGINES, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY PROVIDING THAT RESTRICTIONS CONCERNING RUNNING UP AIRCRAFT ENGINES SHALL BE APPLICABLE AT FORT WORTH MEACHAM AIRPORT AND FORT WORTH SPINKS AIRPORT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR A PENALTY; 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 4. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. 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. M&C G-8193 re There was presented Mayor and Council Communication No. G-8193 from the City ad va 1 ores Manager, as follows: taxation of f reeport goods SUBJECT: ADOPTION OF ORDINANCE CONCERNING AD VALOREM TAXATION OF "FREEPORT GOODS" RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance which provides that the City of Fort Worth will not tax "freeport goods" if a proposed constitutional amendment is approved by the Voters. BACKGROUND: The 71st Texas Legislature adopted S.J.R. No. 11 which proposes an amendment to article VIII of the Texas Constitution to authorize the exemption from ad valorem taxes of personal'; property temporarily in the State for certain purposes ("freeport goods"). The term "f reeport goods" means personal property which is brought into the state for assembling, storing, manufacturing, processing or fabrication and is transported outside the state not later than 175 days after the date it is brought into the state. The purpose of the proposed exemption is to promote economic development. The proposed constitutional amendment will be submitted to the voters at an election on November 7, 1989. Minutes of City Council M-3 Page 524 525 TUESDAY, AUGUST 29, 1989 &C G-8193 cont. The Legislature has also enacted H.B. 2959 which amends the Texas Tax Code to exempt "freeport goods" from taxation if the proposed constitutional amendment is approved by the voters. S.J.R. No. 11 and S.B. 2959 provide that a City may tax property which would otherwise be exempt from taxation under the proposed constitutional amendment and statute. To tax such property, the governing body of a City must take official action before April 1, 1990. On August 8, 1989, the City Council took several actions concerning development of the American Airlines maintenance base adjacent to Alliance Airport. One of the Council Actions was the approval of M&C C-11803 which authorized the City Manager to sign a master agreement for the maintenance base. Section 4.04 of the master agreement states in part as follows: "4.04. Freeport Implementation Prior to September 1, 1989, the City will adopt such ordinances and related rules and regulations as may be appropriate or necessary to implement and make effective for the benefit of American "freeport" status for its various items of inventory, supplies, aircraft and/ or other items of tangible personal property which may be located at the Project for a temporary period to the maximum extent permitted by law in the event the state constitutional amendment contemplated by S.J.R. 11 passed by the 1989 Texas legislature is approved by the voters in November of 1989 ..." Adoption of the attached ordinance is necessary to satisfy this requirement. The exemption of "freeport goods" will also promote economic development and lead to the creation of additional jobs with manufacturers such as the Tandy Corporation. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Mayor and Council Communication No. G-8193, was adopted. Introduced an Council Member Zapata 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance Nod. ORDINANCE NO. 10378 10378 AN ORDINANCE PROVIDING THAT THE CITY OF FORT WORTH WILL NOT TAX "FREEPORT GOODS" IN THE CITY WHICH WOULD OTHERWISE BE EXEMPT FROM AD VALOREM TAXES UNDER THE PROVISIONS OF S.J.R. NO. 11 AND H.B. 2959; PROVIDING THAT THE CITY DOES NOT EXEMPT FREEPORT GOODS FROM TAXATION FOR THE 1989 TAX YEAR; PROVIDING THAT THE TERMS OF THIS ORDINANCE SHALL BE OF NO EFFECT IF THE CONSTITUTIONAL AMENDMENT PROPOSED BY S.J.R. NO. 11 IS NOT APPROVED BY THE VOTERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 71st Texas Legislature, Regular Session, 1989, adopted S.J.R. No. 11 which proposes an amendment to Article VIII of the Texas Constitution to authorize the exemption from ad valorem taxes of certain personal property temporarily in the state for certain purposes ("freeport goods"); and WHEREAS, the proposed constitutional amendment will be submitted to the voters at an election on November 7, 1989; and WHEREAS, the Texas Legislature has further enacted H.B. 2959 which amends the Texas Tax Code to provide for the exemption of "freeport goods" from taxation but only if the constitutional amendment proposed by S.J.R. No. 11 is approved by the voters; and Minutes of City Council M-3 Page 525 525 TUESDAY, AUGUST 29, 1989 Ordinance No. . . WHEREAS, S.J.R. No. 11 and S.B. 2959 provide that a City 10378 cont. may tax property which would otherwise be exempt from taxation under the proposed constitutional amendment and statute if the governing body of the City takes official action in the manner provided by law to provide for the taxation of such property; and WHEREAS, S.J.R. No. 11 and H.B. 2959 require that any official action by the governing body of a city to tax such exempt property must be taken before April 1, 1990; and WHEREAS, the City Council finds that it would not be in the best interests of the citizens of the City of Fort Worth to tax property which would otherwise be exempt if the voters approve the proposed constitutional amendment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained.' M&C, G-8194 re There was presented Mayor and Council Communication No. G-8194 from the City agreement with Manager, as follows: American Airlines SUBJECT: AGREEMENT WITH AMERICAN AIRLINES CONCERNING LANDING FEES Concerning Landi n AT ALLIANCE AIRPORT Fees at Alliance Airport RECOMMENDATION: It is recommended that the City Council authorize the Mayor and City Manager to execute the attached letter agreement with American Airlines concerning aircraft landing fees at Alliance Airport. BACKGROUND: During negotiations with American Airlines regarding its decision to locate its maintenance base near Alliance Airport, City officials represented to American that all landing fees, access fees, or other fees for use of the airport would be waived. For various reasons, primarily relating to requirements of the F.A.A. that all users of an airport financed with F.A.A. funds pay a non-discriminatory access or use fee for use of the airport, it has not been possible for the City to waive the landing fees for American. Accordingly, the master agreement for the maintenance base requires American to pay landing fees computed on a basis no less favorable than landing fees payable by other comparable users of the airport. Contrary to the intention and desires of the City and American, landing fees are expected to be a material expense to American. To make the overall cost of locating the maintenance base at the airport consistent with the City's representations to American, the City and American have agreed that the City will set up a special credit account on the City's books (the "Drawing Account") for the use and benefit of American. The Drawing Account will be initially established in the amount of $2,000,000, the estimated total amount of the landing fees that American will pay at the airport during the first 15 years of operation of the maintenance base. Such amount will be periodically adjusted by American and the City to equal the amount of the actual landing fees which American owes the City over such period. American will be entitled to receive credit against such account for building permit fees, construction or fire inspection fees, or similar fees levied by the City against American at any of American's facilities. Such credits will not, however, apply to water, sewer or utility charges or 'ad valorem taxes, nor will American ever be entitled to a cash payment from the account. The City will give American credit for such amounts to the same extent as if they have been paid by American.` At the end of the initial 15 year term, American will pay the City in cash any amount by which credits against the Drawing Account exceed the landing fees paid by American. The arrangements contemplated by the agreement will then be carried forward for an additional fifteen year period based on information there available to the City and American concerning the amount of landing, or other use or access fees, to be paid to the City by American during such additional period. Attached is a copy of the proposed agreement. Minutes of City Council M-3 Page 526 TUESDAY, AUGUST 29, 1989 On motion of Mayor Pra tempore Gilley, seconded by Council Member Garrison, the recommendation, as contained in Mayor and Council Communication No. G-8194, was adopted. M&C P-3662 re There was presented Mayor and Council Communication No. P-3662, dated purchase agreement August 22, 1989, from the City Manager stating that a purchase agreement containing a with Conoco, Inc, one-year option to renew with Conoco, Inc., was authorized on November 15, 1988, by to supply gasoline Mayor and Council Communication No. P-3047, to supply gasoline at the Oil Price for City Services Information Service net average prices less .0125 cents per gallon; that the vendor has Department agreed to hold the bid price for another year and the requesting department, City Supply Services, Equipment Services Division, has requested the option to renew be exercised; M&C P 3673 re stating that budgeted funds are sufficient to cover the anticipated expenditure by each purchase of data department participating in this agreement; and recommending that the City Council acquisition and exercise the option to renew the purchase agreement with Conoco, Inc., to supply teleme tering systed gasoline for the City Services Department on the low bid of O.P.I.S. net average price for the Water De- minus .0125 cents per gallon, with term of agreement to begin December 9, 1989, and end partment form Telo one year later. On motion of Council Member Murrin, seconded by Mayor Pro tempore Instruments, Inc. Gilley, the recommendations were adopted. M&C P-3670 re purchase agreement There was presented Mayor and Council Communication No. P-3670 from the City for repair of Manager stating that a one-year purchase agreement was authorized with two one-year motors and i options to renew with Shermco Industries for repair of motors and magnetic couplings on couplings 255 HH..PP. H.P. September 29, 1987, by Mayor and Council Communication No. P-2156; that the first to 1750 H.P. with option was approved of September 20, 1988, by Mayor and Council Communication Shermco Industries No. P-2916; that service has been satisfactory and department has requested that the agreement be renewed for the final year; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that final renewal of a two-year option be authorized for purchase agreement for the repair of motors and magnetic couplings 25 H.P. to 1750 H.P. with Shermco Industries on low bid of dealer's list price less 13 percent and an hourly rate of $23.50, with agreement to be effective September 29, 1989, through September 28, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C P-3671 re There was presented Mayor and Council Communication No. P-3671 from the City purchase agreement Manager submitting a tabulation of bids received for a with Summers g g purchase agreement for Electric for electrical supplies for the Water Department; stating that purchases will be charged to electrical supplie Water and Sewer Operating Fund 45, Inventory Subsidiary Account No. 141-000280; and for the al Water recommending that the purchase agreement be authorized with Summers Electric on low bid Department of unit prices, f.o.b. Fort Worth, with term of agreement to be effective from date of approval until one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-3672 re purchase of 4,000 There was presented Mayor and Council Communication No. P-3672 from the City slab bolsters for Manager submitting a tabulation of bids received for the g g purchase of 4,000 slab the Tbolstersaf or bolsters for the Transportation and Public Works Department; stating that funds are and Public taWorks available in General Fund 01, Account No. 20-80-03, Index Code 239467; and recommending Department from that the purchase be made from Texas Contractors Supply on its low bid, not to exceed Texas Contractors $6,760.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that Supply the recommendation be adopted. M&C P 3673 re There was presented Mayor and Council Communication No. P-3673 from the City purchase of data Manager submitting a quotation received for the purchase of data acquisition and acquisition and telemetering system for the Water Department; stating that funds are available in Water teleme tering systed and Sewer Operating Fund 45, Account No. 70-50-04, Index Code 359406; and recommending for the Water De- that the purchase be made from Telog Instrument, Inc., Pan -Tech Controls Company, for partment form Telo an amount of $12,294.00. It was the consensus of the City Council that the Instruments, Inc. recommendation be adopted. M&C P-3674 for There was presented Mayor and Council Communication No. P-3674 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to of provide compute Provide computer output microficheservice for Information Systems and Services output microfiche Department; stating that expenditures will be charged to Subsidiary Account service for In- No. 159001200; and recommending that the purchase agreement be authorized with National formation Systems Business Systems, Inc., on low bid, as follows: e- and Services De- partment aional from A. Original Microfiche (based on 15 M units/yr.) $.899/each N National Business B. Duplicate Microfiche (based on 60 M units/yr.) $.080/each Systems, Inc. net, f.o.b. Fort Worth M&C P-3674 adopted 11 It was the consensus of the City Council that the recommendation be adopted. M&C P-3675 re purchase agreement There was presented Mayor and Council Communication No. P-3675 from the City with Lofland an Manager submitting a tabulation of bids received g g for a purchase agreement to provide Company f steel steel rebar for City departments; stating that budgeted funds are sufficient to cover rebar the anticipated expenditure by each department participating in the agreement; and recommending that the purchase agreement be authorized with Lofland Company on its low overall bid of $46,450.00 net, f.o.b. Fort Worth, as follows: 3/8" rebar $1.40/each 4/8" rebar $2.35/each 5/8" rebar $3.70/each It was also recommended that all City departments be authorized to participate in agreement, if needed; and that the term of the purchase agreement begin date of Minutes of City Council M-3 Page 527 TUESDAY, AUGUST 29, 1989 M&C P-3675 cont.II authorization and end one year later. It was the consensus of the City Council that the recommendations be adopted. M&C, P-3676 re There was presented Mayor and Council Communication No. P-3676 from the City purchase of Manager submitting a tabulation of bids received for the purchase of mailing equipment mailing equip- for the North Texas Library System stating that funds are available in Grant Fund 76, ment for the Project No. 308418, Index Code 505727; and recommending that the purchase be made from North Texas Pitney Bowes on its low bid of $6,726.00 net, Fort Worth. It was the consensus of the Library Sys ten City Council that the recommendation be adopted. fron Inventory Subsidiary Account No. 141-000270; and recommending that the City Council M&C P-3677 re There was presented Mayor and Council Communication No.' P-3677 from the City agreement to pro- Manager stating that the Park and Recreation Department has budgeted $120,000.00 to cure agricultural procure agricultural type food, i.e., produce, eggs, grain, seed and hay, for various type food for the type live animals housed in the Fort Worth Zoo; that the price of agricultural type Park and Recreat- food fluctuates daily depending upon availability and consumer usage as well as ion Department nutritional value fluctuates with the growing season; that, to insure an ample supply from various of food, it is recommended that the Zoological Division be authorized to obtain vendors competitive prices, at time of purchase, based on availability and nutritional value; - stating that budgeted funds are sufficient to cover the anticipated expenditure in this from unifilt Corp- department; and recommending that a one-year purchase agreement be authorized to lemar procure agricultural type food for the Park and Recreation Department from various vendors based on the availability, nutritional value, and price at time of purchase; and restrict this purchase agreement to the Park and Recreation Department, Zoological Division, to become effective September 1, 1989, through August 31, 1990. It was the consensus of the City Council that the recommendations be adopted. ? M&C P-3678 re There was presented Mayor and Council Communication No. P-3678 from the City purchase agree- Manager stating that a purchase agreement with American Lift Truck and Tractor Company ment with Americar was authorized on November 15, 1988, by Mayor and Council Communication No. P-3041; Lift Truck and that American Lift Truck and Tractor Company has performed well and the City Services Tractor Company t Department, Equipment Services Division, has requested that option to renew be furnish genuine exercised; stating that purchases will be charged to Equipment Services Fund 61, Massey Ferguson Inventory Subsidiary Account No. 141-000270; and recommending that the City Council parts to the City exercise the option to renew purchase agreement with American Lift Truck and Tractor Services Depart- Company to furnish genuine Massey Ferguson parts to the City Services Department for ment one additional year on bid of dealer list price, with agreement period to begin Distribution November 16, 1989, and end one year later. It was the consensus of the City Council System from Drake that the recommendations be adopted. M&C P-3679 re There was presented Mayor and Council Communication No. P-3679 from the City anthracite filter Manager submitting a tabulation of bids received for the purchase of anthracite filter media for the media for the Water Department; stating that funds are available in Water Department Water Department Operating Fund 45, Account No. 60-50-03, Index Code 374264; and recommending that the from unifilt Corp- purchase be made from Unifilt Corporation on low bid of $12,567.03 f.o.b. Fort Worth, oration net 30 days. It was the consensus of the City Council that the recommendation be adopted. M&C P-3680 re There was presented Mayor and Council Communication No. P-3680 from the City purchase 400 pair Manager submitting a quotation received for the purchase of 400 pair of defibrillator of defibrillator electrode pads for the Fire Department; stating that funds are available in General electrode pads for Fund 01, Account No. 36-30-00, Index Code 276154; and recommending that the purchase be the Fire Depart- made from Laerdal Medical Corporation on unit price of $15.00 per pair for a total ment from Laerdal amount not to exceed $6,000.00 net, f.o.b. Fort Worth. It was the consensus of the Medical Corporatioi City Council that the recommendation be adopted. M&C P-3681 re There was presented Mayor and Council Communication No. P-3681 from the City purchase of Manager submitting a tabulation of bids received for the purchase of an Automatic Call Automatic Call Distribution System for the Water Department; stating that funds are available in Water Distribution and Sewer Operating Fund 45, Account No. 60-40-02, Index Code 355321; and recommending System from Drake that the purchase be made from Drake Communications, Inc., on its low bid of $49,874.00 Communications, net, f.o.b. Fort Worth. It was the consensus of the City Council that the Inc. recommendation be adopted. M&C P-3682 re There was presented Mayor and Council Communication No. P-3682 from the City purchase of an Manager submitting a tabulation of bids received for the purchase of an outfront mower outfron mower for for the City Services Department; stating that funds are available in Golf Course the City Services Fund 39, Account No. 80-41-10, Index Code 312322; and recommending that the purchase be Department made from Goldthwaite's of Texas on low bid, meeting City specifications, of $9,759.90 net, f.o.b. Fort Worth. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendation was adopted. M&C P-3683 re There was presented Mayor and Council Communication No.' P-3683 from the City purchase of roof Manager recommending that the City Council confirm the emergency purchase of roof repairs for the repairs for the Water Department from Coast to Coast, Inc., for an'.amount not to exceed Water Department $6,815.00 for the Water Department, with funds available in Water and Sewer Operating from Coast to Fund 45, Account No. 60-50-02, Index Code 373670. It was the consensus of the City Coast, Inc. Council that the award of an order in the amount of $6,815.00 to Coast to Coast, Inc., be approved, confirmed, and ratified. M&C P-3684 re There was presented Mayor and Council Communication No.'P-3684 from the City purchase of repairs Manager recommending that the City Council confirm the emergency purchase of repairs to to the storm water the storm water pump engine for the Water Department from Waukesha -Pearce of Fort pump engine for Worth, Inc., on its estimated bid of $7,000.00 for the Water Department, with funds the Water Depart- available in Water and Sewer Operating Fund 45, Account No. 70-50-02, Index Code 384487. ment from Waukesha Pearce of Fort Worth, Inc. Minutes of City Council M-3 Page 528 �� TUESDAY, AUGUST 29, 1989 M&C P-3684 cont. It was the consensus of the City Council that the award of an order to Waukesha -Pearce permanent and of Fort Worth, Inc., on its bid of $7,000.00 be approved, confirmed, and ratified. M&C L-9890 re eminent domain There was presented Mayor and Council Communication No. 'L-9890 from the City - a,_- Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire a rectangularly -shaped right-of-way five feet in depth out of the front of Lot 2, Block 9, Spencer's Subdivision of Tyler's Lake Park Place Addition, as recorded in Volume 1945, Page 266, Deed Records, Tarrant County, Texas; said parcel lying on the south side of the existing Oleander Street and is 50 feet in length; located at 1104 East Oleander Street; owned by John L. Clark and Theresa Clark; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the recommendation be adopted. M&C L-9891 re eminent domain There was presented Mayor and Council Communication No. L-9891 from the City proceedings Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to acquire a permanent easement adjacent to the south property line of Lot 51-A, C.E. Evans Addition, as described in Volume 5347, Page 720, Deed Records, Tarrant County, Texas; and a temporary slope easement ten feet in depth adjacent to the north line of the above-described permanent easement; located at 2517 East First Street; owned by the Estate of Juan Antonio Garcia and wife, Margaret; and required for Sidewalk Easement/East 1st Street Project. -It was the consensus of the City Council that the recommendation be adopted. M&C L-9892 re There was presented Mayor and Council Communication No. L-9892 from the City acquisition of Manager recommending that the City pay total consideration of $1,017.00 for a permanent permanent easement easement out of the northwest 1/4 of Lot 7, Block 4, Harwood Little Farms Addition, as recorded in Volume 6868, Page 683, Deed Records, Tarrant County, Texas; said easement being 15 feet in depth and 154 feet in length; located at 5200 North Hampshire Boulevard; owned by Jonnee G. Williams; and required for Forty Oaks Storm Drain and Detention Ponds. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Capital Improvements Fund 67, Project No. 028841-00, Index Code 699884. M&C L-9893 re There was presented Mayor and Council Communication No. L-9893 from the City acquisition of Manager recommending that the City pay total consideration of $500.00 for an permanent easement irregularly-shaped permanent sanitary sewer easement of various widths and lengths out of Lot 16, Block 9, Wesleyan Hills Addition, as recorded in Volume 8469, Page 516, Deed Records, Tarrant County, Texas; said easement located on the southeast corner of Lot 16 of the north right-of-way line of Bideker and a triangularly -shaped permanent sanitary sewer easement out of Lot 17, being adjacent to Lot 16 as above; located in the southwest corner of Lot 17 and is 15.98 feet in length on the west property line, 15 feet in length along the north right-of-way line of Bideker, and 18.74 feet in length on its hypotenuse; located at 2804 Bideker; owned by Billie J. Harris; and required for Sanitary Sewer Main 129 Replacement Project, Project No. 08-013086-00. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Projects 85, Fund 08, Project No. 013086-00, Index Code 699785. M&C L-9894 re There was presented Mayor and Council Communication No. L-9894 from the City acquisition of Manager recommending that the City pay consideration of $800.00 to the order of The license for Atchison, Topeka and Santa Fe Railway and $11,659.00 to the order of The Atchison, electric supply Topeka and Santa Fe Railway Company for the relocation of the overhead signal pole line line across or to underground cable; for the acquisition of license for electric supply line across or along railway along railway property out of Tract 8, Greenberry Overton Survey, Abstract No. 972, property Denton County, Texas, as recorded in Volume 40, Page 515, Deed Records, Denton County, Texas; located east of F.M. Road 156; owned by The Atchison, Topeka, and Santa Fe Railway Company; and required for Fort Worth Alliance Airport, Parcel 8. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Grant Fund 76, Project No. 218600-03, Index Code 699702. M&C L-9895 re acquisition of There was presented Mayor and Council Communication No. L-9895 from the City permanent and Manager recommending that the City pay total consideration of $89,000.00 for an temporary easement irregularly-shaped permanent easement out of Tract 1B, B.B.B. and C.R.R. Company Survey, Abstract 220, Tarrant County, Texas as described in Volume 9325, Page 714, Deed Records, Tarrant County, Texas; said land being 30 feet in width and approximately 5,047.91 feet in length and lying parallel to and south of the south right-of-way of Robertson Road and west of the west right-of-way of Boat Club Road; and a temporary construction easement out of Tract 1B, B.B.B. and C.R.R. Company Survey, Abstract 220, Tarrant County, Texas, as described in Volume 9325, Page 714, Deed Records, Tarrant County, Texas; said land being 30.0 feet in width and approximately 5,046.22 feet in length and lying adjacent to, contiguous with, and south of the above-described permanent easement; located south along Robertson Road, at its southwest intersection with Boat Club Road; owned by Gifco Properties, Inc., and required for Eagle Mountain Lake Water Treatment Facility. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Water Capital Improvement Fund 83, Project No. 016001-00, Index Code 698738. M&C C-11830 re There was presented Mayor and Council Communication No. C-11830, dated denied contract August 22, 1989, from the City Manager stating that Informal Report No. 7358 Revised with Brown and was presented to Council on March 7, 1989, outlining the requirements which the Texas Caldwell Consult- Water Commission and Environmental Protection Agency have adopted addressing ing Engineers for Underground Storage Tanks; that, because of the extent and complexity of complying with development of the the regulations, it was recommended to and supported by Council that staff develop a City's Underground request for proposal to obtain an outside engineering and consulting firm with Storage Tank Progr m Minutes of City Council M-3 Page 529 53 TUESDAY, AUGUST 29, 1989 M&C C-11830 cont. extensive knowledge and experience in USTs; that Brown and Caldwell submitted the proposal which best met the needs of the City in developing an UST program which will enable the City to comply with the Environmental Protection Agency and the TWC; that, under this contract, Brown and Caldwell will assist the City as well as the Fort Worth Transportation Authority in developing an Underground Storage Tank Management Program for 120 USTs located at 56 sites; that the work will be performed in two phases; that the maximum fee to be paid to Brown and Caldwell for all services, including all incidental or out of pocket expenses directly related to the work, shall not exceed $350,000.00; that any amount above this figure will require a contract amendment and Council approval; and recommending that the City Manager be authorized to execute an engineering contract with Brown and Caldwell Consulting Engineers for the development of the City's Underground Storage Tank Program for a cost not to exceed $350,000.00 and that a transfer in the amount of $350,000.00 be approved from Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, to Specially Funded Capital Projects Fund 35, Project No. 021100-00, Underground Storage Tanks. Mr. Rick Hay re Mr. Rick Hay, Assistant to the City Manager, appeared before the City Council M&C C-11830 regarding the analysis made of proposals for development of the City's Underground Storage Tank Program and to the selection process used for recommending Brown and Caldwell Consulting Engineers for the development of the City's Underground Storage Tank Program as set forth in Mayor and Council Communication No. C-11830. Mr. Don Funderlic Mr. Don Funderlic, representing Brown and Caldwell Consulting Engineers, re M&C C-11830 appeared before the City Council and advised the City Council that the City of Dallas has a policy which gives local preference to businesses that have had offices in the City of Dallas for five years unless there is particular expertise required for a particular project. Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. C-11830, be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-11831 re There was presented Mayor and Council Communication No. C-11831 from the City Proposed change Manager, as follows: Order No. 1 for Detroit Armor on SUBJECT: PROPOSED CHANGE ORDER NO. 1 FOR DETROIT ARMOR ON THE the Police Weapon POLICE WEAPONS RANGE Range RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve Change Order No. 1 to City Secretary Contract No. 16986 for construction of a bullet trap and target re -work for the Police Weapons Range in an amount not to exceed $15,311, increasing the contract amount to $114,641. BACKGROUND: On January 31, 1989 (M&C City Manager to execute a in the amount of $111,830 protection and reworking failed. The contract was broken bullet trap and target protection for $12,500. C-11436), the City Council authorized the contract with Detroit Armor Corporation to install a steel bullet trap, side wall six of the motorized targets which had into two separate contracts; the steel work for $99,330 and the side wall The power and control wiring for all of the targets 'was to be relocated from underground to conduit running above the::structure of the facility to prevent water infiltration which was interrupting the target operation. However, upon inspection of the wiring during relocation, it was discovered that permanent damage had occurred which prevents relocation. Water has also damaged some motors of the other targets which will have to be repaired. In addition, the tracks and power harness of the running man targets have been bent beyond repair and should be replaced. PROPOSED CHANGE ORDER NO. 1: Detroit Armor Corporation has agreed to bring all targets in line for an amount not to exceed $15,311 as follows: 1. Replace approximately 35,000 feet of electrical $ 3,275 wiring. 2. Replace approximately 2,500 feet of shielded $ 5,790 control cable. 3. Repair and replace as necessary the Running Man $ 2,771 Targets, including guides, rollers, trolleys, drive units, stabilizer arms, tracks, etc. Minutes of City Council M-3 Page 530 TUESDAY, AUGUST 29, 1989 M&C C-11831 cont. 4. Inspect and repair as necessary the Pop -Up and $ 2,700 Turning Targets. 5. Repair and install console, contactor boxes and $ 775 remote station. Total $15,311 EFFECT OF CHANGE ORDER NO. 1: Original Contract Amount: $ 99,330 Recommended Change Order No. 1: $ 15,311 Proposed New Contract Amount: $114,641 FINANCING: Sufficient funds are available in Public Safety Improvement Fund 31, Project No. 004100-00, Outdoor Weapons Range, to finance this change order. Expenditures will be made from Index Code 670414. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-11831, be adopted. M&C C-11832 re There was presented Mayor and Council Communication No. C-11832 from the City contract with Manager, as follows: T.L. James and Company for Phase SUBJECT: ALLIANCE AIRPORT, PHASE II - CHANGE ORDER NO. 13 II at Alliance Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Change Order No. 13 to City Secretary Contract No. 16728, Phase II, Alliance Airport, with T.L. James and Company in the amount of $433,116.92, increasing the contract to $21,459,494.39. RACKGROHNn! On October 25, 1988 (M&C C-11265), the City Council awarded a construction contract to T.L. James & Company for Phase II paving, lighting, and drainage improvements at Alliance Airport in the amount of $19,820,408.70. This contract has been subsequently amended so that the current amount stands at $21,026,377.47 (corrected). PROPOSED CHANGE ORDER NO. 13: At the time of contract award, the plans called for infield islands of grass adjacent to the ramp and much of the ramp was designed using 8 inch depth concrete. In view of the projected operation of large cargo aircraft, it was decided to eliminate the grass islands and install 14 inch thick paving on the entire ramp area. Unit prices for this work had already been established in the awarded contract except for minor adjustments to some drainage inlets. The total price using estimated quantities and already established unit prices is estimated at $433,116.92. PROJECT COST: Original Contract Amount: $19,820,408.70 Approved Change Orders No. 1 through 12: 1,205,968.77 Proposed Change Order No. 13: 433,116.92 Proposed Contract Amount: $21,459,494.39 * This M&C corrects math errors in Change Orders 10, 11, and 12 of $495 and $60 in M&C C-11790 approving C.O. #12. Approval of proposed Change Order No. 13 and other previously approved change orders will result in a 8.3% increase to the original contract. FINANCING: Sufficient funds are available to finance this change order from the following: Grants Fund 76, Project No. 218600-10 in the amount of $195,570.93; Grants Fund 76, Project No. 218601-01 in the amount of $ 4,046.10; Grants Fund 76, Project No. 218603-04 in the amount of $223,499.89. These funds will be encumbered in Contract No. 16728. will be made from index code 400481. Minutes of City Council M-3 Page 531 Expenditures 5`3,2 TUESDAY, AUGUST 29, 1989 M&C C-11832 cont. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-11832, be adopted. M&C C-11833 re There was presented Mayor and Council Communication No. C-11833 from the City contract with Manager stating that the Fort Worth Transportation Authority was established by public McDonal Transit referendum in November 1983; that the contract between FWTA and the City was executed Associates, Inc. in January 1984; that McDonald Transit Associates, Inc., has satisfactorily provided to provide manage transit management services for the City of Fort Worth since 1972 and for FWTA, on ment services to behalf of the City, since 1984; that, to assure that the City is securing the highest the Fort Worth quality, most cost-effective management services for FWTA, competitive proposals were Transportation solicited; that of the four firms initially expressing interest by requesting the RFP, Authority McDonald Transit was the only firm to submit a proposal to manage the system; and recommending that the City Manager be authorized to enter into a contract with McDonald Transit Associates, Inc., (McDT) to provide management services to the Fort Worth Transportation Authority for a period of five years. It was the consensus of the City Council that the recommendation be adopted. M&C C-11834 re There was presented Mayor and Council Communication No. C-11834 from the City lease renewal with Manager stating that a lease agreement was authorized with MBank Midcities for the Mr. Carl Beckum rental of space approximately 1,200 square feet at a building located at 780 Debbie of the Mansfield Lane, Mansfield, Texas, on September 27, 1988, by Mayor and Council Communication Warehouse for the No. C-11200; that, on February 28, 1989, the City was notified that ownership of the Kennedale-Mans- building transferred to Mr. Carl Beckum; that the office space is used as a field Center neighborhood center by the Neighborhood Resources Development Program to provide case processing of app- management, information and referral services, client assessment, emergency assistance, roximately ten and other social services to the citizens of Kennedale, Mansfield, and southeastern charges of housing Tarrant County; that, in the past, Tarrant County Commissioner's Court has contributed discrimination $10,000.00 per year to the program to finance the lease agreements of the two centers located outside the city limits of Fort Worth; stating that availability of sufficient funds is contingent upon the award and execution of a grant contract with the Texas Department of Community Affairs, with the expenditures to be made from Index Code 508572; and recommending that the City Manager be authorized to renew a lease agreement with Mr. Carl Beckum of the Mansfield Warehouse for the Kennedale-Mansfield Center, for a period beginning October 1, 1989, and ending September 30, 1990, and for an amount not to exceed $420.00 per month, contingent upon receipt of funding from the Texas Department of Community Affairs. It was the consensus of the City Council that the recommendation be adopted. M&C C-11835 re There was presented Mayor and Council Communication No. C-11835 from the City contract with Manager stating that the 1986-88 CIP included funds to renovate, repair, and update the ESFA, Inc. to Forest Park Swimming Pool; that, after identifying consultants capable of performing provide engineerinj the necessary work, a proposal was requested and received from ESFA, Inc., who will services for in- team the firm of Day, Brown and Rice; that the existing pool is in a state of vestiga tion and disrepair; that the pool structure, filtration system, mechanical and plumbing systems research of the and pool decking are all in need of renovation; that this contract with represent Phase operational systes One of the project; that Phase Two will entail design and preparation of construction of the Forest Park plans and specifications, and Phase Three will be the construction phase; stating that Swimming Pool funds are available in Park and Recreation Fund 05, Project No. 043001-00, Index Code 625368; and recommending that the City Manager be authorized to execute a contract with ESFA, Inc., in the amount of $8,500.00 to provide engineering services for investigation and research of the operational systems of the Forest Park Swimming Pool. It was the consensus of the City Council that the recommendation be adopted. M&C, C-11836 re There was presented Mayor and Council Communication No. C-11836 from the City Type I Coopera- Manager stating that the U.S. Department of Housing and Urban Development formally tive Agreement witi recognized the Fort Worth Human Relations Commission as a "substantially equivalent" the U.S. Depart- local agency in July 1984 in the enforcement of laws against discrimination in housing; ment of Housing that, as a result of this recognition, the FWHRC is eligible to receive funding from and Urban Develop- HUD to assist in defraying the cost of processing charges of housing discrimination ment for the under the City's Fair Housing Ordinance; that the FWHRC has functioned under a similar processing of app- contract with the U.S. EEOC for the processing of charges of employment discrimination roximately ten since September 1976; that the contract is for the resolution of ten charges of charges of housing discrimination at the rate of $750.00 per charge and training of four members of the discrimination HRC staff in HUD -sponsored investigatory training; that no additional funding from the City will be required; and recommending that the City Manager be authorized to apply for, accept if offered, and execute the Type I Cooperative Agreement with the U.S. Department of Housing and Urban Development in the amount of $15,250.00 for fiscal year 1989-90 for the processing of approximately ten charges of housing discrimination, with possible upward modification; and apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 60.08 percent, which represents the most recently approved rate for this department or the 1989 rate when approved). It was the consensus of the City Council that the recommendations be adopted. M&C C-11837 re There was presented Mayor and Council Communication No. C-11837 from the City Cooperative Agree- Manager stating that Tarrant County is offering the sum of $10,000.00 for activities ment with Tarrant performed by the Fort Worth Human Relations Commission, with such activities providing County information and referral services on all housing -related matters to 200 citizens, providing counseling services on Landlord -Tenant disputes to 250 citizens; and providing at least four presentations on Fair Housing rights and responsibilities to interested groups and housing industry representatives; that no City funding will be required; and recommending that the City Manager be authorized to apply for, accept if ..offered, and execute a Cooperative Agreement with Tarrant County for a one-year period Minutes of City Council M-3 Page 532 T-1 3 TUESDAY, AUGUST 29, 1989 M&C C-11837 cont. from the date of execution of the contract for $10,000.00 with possible upward modification; and apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 60.08 percent, which represents the most recently approved rate for this department or the 1989 rate when approved). It was the consensus of the City Council that the recommendations be adopted. M&C C-11838 re There was presented Mayor and Council Communication No. C-11838 from the City Male Outreach Manager stating that a contract was authorized with the Fort Worth Adolescent Pregnancy Program Board on January 3, 1989, by Mayor and Council Communication No. G-7881, establishing a prevention educational program for two adolescent male groups (fathers and non -fathers) and initiating a case management intervention for the subgroup of fathers; that the extension of the contractual grant period to September 30, 1989, is necessary to utilize the program funds fully and have an accounting close-out period; that the total budget of $13,809.00 will not change for this grant program; that no additional funding is required; and recommending that the City Manager be authorized to approve a one-month extension of the Male Outreach Program, City Secretary Contract No. 16880, funded by the Fort -Worth Adolescent Pregnancy Board, changing the contract period from February 1, 1989, through August 31, 1989, to February 1, 1989, through September 30, 1989. It was the consensus of the City Council that the recommendation be adopted. M&C C-11839 re There was presented Mayor and Council Communication No. C-11839 from the City submission of a Manager, as follows: Health Care for th Homeless SUBJECT: HEALTH CARE FOR THE HOMELESS RECOMMENDATION: It is recommended that City Council authorize the City Manager to: a. Submit a proposal to the Department of Health and Human Services for the continuation of Health Care for the Homeless Grant from 11/30/89 through 11/30/90 using $194,146 Department of Health and Human Services funds; $38,759 in in-kind matching funds from the City of Fort Worth; $25,956 matching funds from other community agencies. b. Accept and execute a contract if offered with the Department of Health and Human Services as outlined above; c. Waive the collection of $33,334 (21.96%) in indirect costs as a part of the City's in-kind contribution to the project; d. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to maintain grant project account in the City of Fort Worth financial accounting system upon receipt of an executed contract; and e. Accept such additional funds from the Department of Health and Human Services as may become available. DISCUSSION: On October 13, 1987, City Council approved M&C G-7288 which authorized the City Manager to apply for a Homeless Health Care grant which would establish a medical program to serve the homeless. The grant was awarded for a two-year project period, 12/07/87 through 11/30/89, but only funded for a 12 month budget period, 12/07/87 through 11/30/88. On September 27, 1988, we received a grant award for year two, 11/30/88 to 11/30/89. It is now time to submit a continuation application for the program year 11/30/89 to 11/30/90. The Homeless Health Care Clinic opened on February 1, 1988 at the Presbyterian Night Shelter. Currently an average of 350 clients per month are provided services during the hours of 5 p.m. - 9 p.m. An additional 283 client visits were recorded in four off site clinics since December 1, 1988. This program provides the only clinics in Fort Worth that deliver immediate, on-site, primary health care and screening/referral services to the homeless population. Problems identified through primary health care delivery have ranged from hypertension to frostbite. Many patients have sought medical care for lacerations and infections of the lungs and upper respiratory tract. Over one-fourth of the patients have been found to have dental problems. Over one-fourth have had problems with their feet related to long periods of standing, lack of hygiene, and infection. Mental health problems have been identified on repeated occasions. Substance abuse is a problem found in 160 of the clients served between December, 1988 and June, 1989. An initiative to address mental illness in the homeless was started in March 1989 through the formation of a Mental Illness/Substance Abuse Committee consisting of staff from the Health Department, Mental Health Minutes of City Council M-3 Page 533 TUESDAY, AUGUST 29, 1989 M&C C-11839 cont. Mental Retardation, Presbyterian Night Shelter, and volunteer psychiatrists from the Tarrant County Medical Society and the Texas Osteopathic Medical Association District II. The outcome of this initiative is a coordinated pilot project started in July, 1989, in which volunteer psychiatrists see mentally ill patients at the Presbyterian Night Shelter during three-hour, once a week clinics in conjunction with Mental Health Mental Retardation staff. Results of the project are pending based on project evaluation at the end of September, 1989. FUNDING: The total project cost for the third year is $258,861. In order to receive this grant, a total of $64,715 (33 1/3%) is required in in-kind match from the City of Fort Worth and other agencies. The City in-kind match is met by the waiver of $33,334 in indirect costs and $5,425 in personnel in-kind match; other agency match is met by $25,956 in in-kind contribution. The "other agency" contribution is donated professional services by non -city employees. Description A) Salaries B) Fringe Benefits C) Travel Other City Agencies Grant Match Match Total $119,674 $ 4,394 $ $124,068 32,122 1,031 2,000 D) Equipment (typewriter) 850 E) Expendable Supplies 15,000 Office Supplies 1,500 Medical 13,500 33,153 2,000 850 15,000 1. Submit an application to the U.S. Environmental Protection Agency (EPA) for FY '89-90 using funds in the amount of $100,000 from EPA plus $109,101 from the City of,Fort Worth in-kind match; 2. Accept and execute a contract, if offered, with EPA as outlined above; 3. Authorize the Accounting Division to assign the grant number and establish the grant project account in the City of Fort Worth accounting system upon receipt of contract; Minutes of City Council M-3 Page 534 F) Contracts/Pt. Care 17,000 21,456 38,456 Clinicians 21,456 Specialty Referrals 15,000 Transportation 29000 G) Alteration/Renovation 0 0 H) Other 7,500 4,500 12,000 Local Travel 19500 Professional 600 Telephone 1,200 Photocopy 900 Printing 1,000 Postage 300 Annual Audit 2,000 Building Rental 4,500 I) Indirect Cost 33,334 33,334 Totals $194,146 $38,759 $25,956 $258,861 M&C C-11839 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. C-11839, be adopted. M&C C-11840 re Environ- U.S. Environ- There was presented Mayor and Council Communication No. C-11840 from the City mental Protection Manager stating that the City of Fort Worth Public Health Department operated the Air Agency pollution Control Program with federal assistance from 1968-86; that the City Council authorized the City Manager to submit a grant proposal to EPA on July 26, 1988, by Mayor and Council Communication No. C-11088; that this proposal combined joint funding by the Environmental Protection Agency at $129,697.00 and the City of Fort Worth at $124,000.00; that the proposed FY '88-89 budget will enable the air pollution contract program to maintain its current level of effort; and recommending that the City Manager be authorized to: 1. Submit an application to the U.S. Environmental Protection Agency (EPA) for FY '89-90 using funds in the amount of $100,000 from EPA plus $109,101 from the City of,Fort Worth in-kind match; 2. Accept and execute a contract, if offered, with EPA as outlined above; 3. Authorize the Accounting Division to assign the grant number and establish the grant project account in the City of Fort Worth accounting system upon receipt of contract; Minutes of City Council M-3 Page 534 5 5 TUESDAY, AUGUST 29, 1989 M&C C-11840 cont. 4. Approve the waiver of $5,942 of the assessed indirect costs of contract with $16,677. The remaining $10,735 is to be charged to the EPA Architectural grant. Should the total amount be assessed to this grant, the Utilities, Inc. inspectional output of the Air Pollution Section would be for construction reduced. The indirect cost was not charged, as approved by and installation Council, to this grant in FY '88-89; and of improvements in 5. Accept such additional funds from EPA as may become available. M&C C-11840 Business District Entrances at 4th -6th Streets, to include only Units 1 and 2. On adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-11841 re There was presented Mayor and Council Communication No. C-11841 from the City agreement with Ala Manager recommending that Amendment No. 2 be authorized to the engineering agreement Plummer and with Alan Plummer and Associates, City Secretary Contract No. 16280, Aeration Area III Associates Rehabilitation, Village Creek Wastewater Treatment Plant in the amount of $89,695.00, Quail Run Road increasing the upper limit of the total fee from $191,700.00 to $281,395.00 and extending the time for completion of contract documents to the expected Bid Opening in February 1991; and that a bond fund transfer in the amount of $89,695.00 be authorized from Sewer Capital Improvement Fund 54, Project No 014901-00, Unspecified, to Sewer Capital Improvement Fund 54, Project No. 016012-00, Secondary Treatment (Aeration Area III Rehabilitation VCWWTP). It was the consensus of the City Council that the recommendations be adopted. M&C C-11842 re lease agreement There was presented Mayor and Council Communication No. C-11842 from the City with the City of Manager stating that the City Council authorized the City Manager to execute a lease Sansom dark for agreement providing for the rental of Sansom Park Center at $200.00 g p g per month on the Sansom Park September 20, 1988, by Mayor and Council Communication No. C-11196; that the center is Center used by the Neighborhood Resources Development Program which is funded by a grant from the Texas Department of Community Affairs; that the 1989-90 NRD application to the Texas Department of Community Affairs, under provisions of the Community Service Block Grant which the City Council approved, includes $10,000.00 contribution from Tarrant County to pay for the above-mentioned lease; that the same amount is anticipated from the Commissioner's Court for the coming year; stating that the availability of sufficient funds is contingent upon the award and execution of a grant contract with the Texas Department of Community Affairs; and recommending that the City Manager be authorized to renew a lease agreement with the City of Sansom Park for the Sansom Park Center for the period beginning October 1, 1989, through September 30, 1990, for an amount not to exceed $200.00 per month, contingent upon the receipt of funding from Tarrant County and the Texas Department of Community Affairs. It was the consensus of the City Council that the recommendation be adopted. M&C C-11843 re There was presented Mayor and Council Communication No. C-11843 from the City contract with Manager submitting a tabulation of bids received for the construction and installation Architectural of improvements in the Central Business District Entrances at 4th -6th Streets; stating Utilities, Inc. that funds are available in Park and Recreation Improvement Fund 36, Project 041035-00, for construction Index Codes 675348, 675249, 675264, and 675744; and recommending that the City Manager and installation be authorized to execute a contract with Architectural Utilities, Inc., in the amount of improvements in of $288,900.00 for the construction and installation of improvements in the Central the Central Business District Entrances at 4th -6th Streets, to include only Units 1 and 2. On Business District motion of Council Member Granger, seconded by Mayor Pro tempore Gilley, the Entrances recommendation was adopted. M&C FP -2609 re There was presented Mayor and Council Communication No. FP -2609 from the City 6 -inch water main Manager stating that the six-inch water main replacement in Quail Run Road has been replacement in completed in accordance with plans and specifications under Contract No. 16994 awarded Quail Run Road to L.D. Conatser, Contractors, on March 16, 1989; and recommending that the City Council accept as complete the six-inch water main replacement in Quail Run Road and authorize final payment in the amount of $25,673.33 to L.D. Conatser, Contractors, with funds available in Water Capital Improvement Fund 53, Project No 017102-00, Retainage No. 205-016994, and Contract Encumbrance No. 016994, Index Codes 620153 and 000539 respectively. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that on August 22, 1989, the City Council continued the hearing in connection with the proposed budget for the 1989-90 fiscal year from day to day and from time to time and especially to the meeting of August 29, 1989, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Betty Brink Mrs. Betty Brink, representing the Fort Worth Librarians' Association, Budget Hearing appeared before the City Council and stated that the Association lists the following as its priorities: 1. Maintain or increase the growth of materials budget. 2. Add one FTE in the Business and Technology Department and upgrade the graphic artist from a part-time to a full-time position. 3. Increase security guards for the Central Library and East Berry Branch to full-time and add a guard at the Riverside Branch. Mrs. Dorothy Mrs. Dorothy Atherton, Chairperson of the Diamond Hill Jarvis Heights Atherton Budget Neighborhood Advisory Council, appeared before the City Council and requested that a Hearing multi-purpose center be placed in the Diamond Hill Jarvis Heights Neighborhood. Minutes of City Council M-3 Page 535 T3 Mrs. Eva Herrera Diamond Hill Jarvis Heights Budget Hearing Mr. Herman Green re - Stop Sign four way at Glen Garden and New York Mr. & Mrs Wilson Nash re - harras- ment by numerous social service agencies Mrs. Sandra Gonzalez re - Complaint with Mr. & Mrs. Wilson Nash Mr. Flem Dunlavy re racial dis- crimination and two citations (Closed or Executiv Session Reconvened into regular session Adjourned TUESDAY, AUGUST 29, 1989 Mrs. Eva Herrera appeared before the City Council and requested that the recreation center in the Diamond Hill Jarvis Heights neighborhood be made into a multi-purpose center. There be no one else present desiring to be heard in connection with the proposed budget for the 1989-90 fiscal year, it was the consensus of the City Council that the hearing be continued from day to day and from time to time until the next regularly scheduled City Council Meeting to give every interested person or citizen opportunity to be heard. Mr. Herman Green, 956 Glen Garden, appeared before the City Council and requested that a four-way stop sign be installed at Glen Garden and New York. Mr. Green was referred to Mr. Gary Santerre, Director of the Transportation and Public Works Department. Mr. and Mrs. Wilson Nash appeared before the City Council regarding alleged misuse and mistreatment of them by the Fort Worth Police Department and mistreatment by various social service agencies. Mrs. Sandra Gonzalez, Director of the Housing and Human Services Department, appeared before the City Council and stated that social service agents within her department have worked with Mr. and Mrs. Nash to get temporary food stamp allocations; that, in order to get permanent permission for food stamps, it will be necessary for Mr. and Mrs. Nash and all of their children to obtain Social Security numbers; and that the Nash's prefer temporary housing with friends instead of public housing. Mr. Flem Dunlavy, 5101 Blue Sage Road, appeared before the City Council regarding alleged racial discrimination and two citations he has received for a substandard house. Council Member McCray advised the City Council he will work with Mr. Dunlavy on his problems. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the City Council reconsider Agenda Item XI for changes to boards and commissions. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that Mr. Rudy Pulido be appointed to the Art Commission. When the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that the City Council meet in closed or executive session to discuss the lease or purchase of real property as a site for an eastside Police Sector Headquarters, as authorized by Section 2(f), Article 6252-17, V.A.C.S., the Texas Open Meeting Act, with the public discussion of this item to have a detrimental effect on the negotiating position of the City as between the City and a third person, firm or corporation; and to receive the advice of its attorney concerning pending or contemplated litigation regarding workers' compensation claims involving hearing loss; and Victor and Shirley Miller versus City of Fort Worth, et al, Cause No. 48-107602-87 as authorized by Section 2(e), Article 6252-17, V.A.C.S., and the Texas Code of Responsibility, Canon 4. The City Council reconvened into regular session. There being no further business, the City Council adjourned. CITY SECRETARY KL� MAYOR Minutes of City Council M-3 Page 536