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HomeMy WebLinkAbout1989/09/06-Minutes-City CouncilCouncil Met Members present CITY COUNCIL MEETING SEPTEMBER 5, 1989 On the 5th day of September, 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 Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, 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; Mayor Bob Bolen and Council Member William N. Garrison absent; with more than a quorum present, at which time the following business was transacted: Minutes of City Council M-3 Page 536 5� d TUESDAY, SEPTEMBER 5, 1989 Minutes of Silence Mayor Pro tempore Gilley announced the death of former Mayor Woodi a Woods and in memory of the requested that a minute of silence be observed in memory to the late Mr. Woods. Mayor Woodie Woods Invocation The invocation was given by The Reverend William Hoover, Pastor, St. Patrick Cathedral. Pledge of The Pledge of Allegiance was recited. Allegiance Correction in Council Member Chappell advised the City Council that the minutes of the Minutes of August meeting of August 29, 1989, incorrectly record him as abstaining from voting on Mayor 29, 1989 on M&C G- and Council Communication No. G-8189; that the City Attorney has advised him on 8189 August 29, 1989, that he, Council Member Chappell, did not have a conflict of interest with voting on Mayor and Council Communication No. G-8189 relative to a franchise to Koch Refining Company; and requested that the minutes of the meeting of August 29, 1989, be corrected. Approved Minutes oi Council Member Zapata made a motion, seconded by Council Member Murrin, that August 29, 1989 as the minutes of the meeting of August 29, 1989, as amended by correction to Mayor and corrected Council Communication No. G-8189 by recording that Council Member Chappell voted on Mayor and Council Communication No. G-8189, be approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Presented Certifi- cates of RCerti - Certificates of Recognition were presented to Mrs. Pearl Hunt and Messrs. tion to former Bill Quillin, Knox Tucker, and Edward Valverde, former members of the Fort Worth members of the Forl Transportation Authority Executive Committee. Worth Transporta- ti on Authority Council Member McCray nominated Mr. Timothy S. Stewart, Sr., for membership Executive Committe on the Aviation Advisory Board and made a motion, seconded by Council Member Murrin, Nominated Mr. that Mr. Stewart be appointed to Place 5 on the Aviation Advisory Board for a term of Timothy S. Stewart office expiring October 1, 1991. When the motion was put to a vote by the Mayor Pro Sr. to the Aviatio tempore, it prevailed unanimously. or s Adviy Board AConsend dvisory On motion of Council Member Murrin, seconded by Council Member Zapata, the approved consent agenda was approved. Mayor Pro tempore Mayor Pro tempore Gilley announced that Mayor Bolen is absent from the City Gilley advised Council meeting because of his presence in Washington, D.C., as First Vice President of Council and citize s the National League of Cities to attend President George Bush's briefing on the drug of reasonfor Mayor control program. Rosin's absence Mr. Pablo Caldaron, 2307 Resignation of Attention of the City Council was called to the resignation of Mr. David Hill Mr. David Hill fro from the Private Industry Council. Council Member Murrin made a motion, seconded by the Private Indust Council Member McCray, that the resignation of Mr. David Hill from the Private Industry Council Council be accepted with regrets. When the motion was p 9 put to a vote by the Mayor Pro an ordinance to be adopted by the City Council regulating the tempore, it prevailed unanimously. Council Member Council Member Chappell requested that the City Manager be directed to Chappell requested Prepare a Mayor and Council Communication in the near future that would effectuate some a Mayor and Council form of use fee for inordinately high numbers of police calls to the specific bars and Communication for other facilities that serve alcoholic beverages and to include in that Mayor and inordinately high Council Communication the creation of a City Council committee at the next meeting numbers of police which would look into the possibility of drafting a proposed zoning ordinance to calls to the attempt to deal with specific problems in certain neighborhood bar context. It was the specific bars and consensus of the City Council that the City Manager be directed to comply with the other facilities request of Council Member Chappell. Council Member Council Member Granger announced that the City Council will be looking at Granger re - lead taking a lead position in asking for hearings before the Texas Alcoholic Beverage positions bef or Commission for nonrenewal and revocation of some liquor licenses and that the City will Texas Alcoholic be establishing criteria for this. Beverage Commissio Mr. Paul Austin re Mr. Paul Austin, 4141 Sixth Avenue, appeared before the City Council and ordinance regulatig requested that the City Council do something about controlling crime in the Rosemont location of bars I area. Mrs. Lynn Austi ng Mrs. Lynn Austin, 4141 Sixth Avenue, appeared before the City Council and re - ordinance re- requested support for an ordinance to space location of bars. Mr. Pablo Caldaron, 2307 gulating of bars location before the City Council and expressed Mr. John RobertsR Avenue a � 3629 an Y ppeared before the City Council in Mr. John Roberts r support of an ordinance to be adopted by the City Council regulating the spacing of ordinance regulati g bars within specified limits. that, in location Mr. Jack of bars T olle tt rE for future of Mr. Jack Tollett, 1144 Clara, Chairman of the Hemphill Coridor Crime Issues ordinance regulati Committee, 9 appeared before the City Council and expressed opposition to the creation of location of bars a Council committee to study zoning regarding locations of bars and requested that an ordinance be sent immediately to the City Zoning Commission. Mr. Pablo Caldaron re - Forum Fort Mr. Pablo Caldaron, 2307 Dell, appeared before the City Council and expressed Worth and the stra opposition to Forum Fort Worth being given the task of strategic planning for the tegic planning pro- future of Fort Worth and stated that, in his opinion, Forum Fort Worth is better suited cess for future of to develop a short-range issues statement but that the strategic long-range plan should Fort Worth be done by a steering committee that has a broader range of constituency. Minutes of City Council M-3 Page 537 5138 TUESDAY, SEPTEMBER 5, 1989 M&C OC S-1 There was presented Mayor and Council Communication No. OCS-1 from the Office Approved Liabilit of the City Secretary recommending that City Council authorize the acceptance or Bonds cancellation of liability bonds, as follows: CONTRACTOR'S BONDS Lewis & Lewis, Inc. Orval Hall Excavating Company Richard Carr Construction CEMENT BONDS Vaughan Concrete Juan Gutierrez dba General Concrete Thaten Building and Maintenance Potter Concrete Company, Inc. INSURANCE COMPANY Employers Mutual Casualty Company St. Paul Fire and Marine Insurance Company Lawyers Surety Corporation State Farm Fire & Casualty Company Lawyers Surety Corporation Trinity Universal Insurance Company Lawyers Surety Corporation OC S-1 approved It was the consensus of the City Council that the liability bonds be approved. OC S-2 Claims There was presented Mayor and Council Communication No. OCS-2 from the Office of the City Secretary recommending that the City Council refer notices of claims for alleged damages and/or injuries to the Risk Management Department, as follows: George W. Tollett 1. Claimant: George W. Tollett Date Received: August 30, 1989 Date of Incident: July 2, 1989 Location of Incident: 5244 Westcrest Drive Estimate of Damages/ Injuries: $16,855.97 Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. Alvin D. Thomas 2. Claimant: Alvin D. Thomas Date Received: August 30, 1989 Date of Incident: February 4, 1988 Location of Incident: Meadowbrook and Weiler Estimate of Damages/ Injuries: $2,100.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police Personnel. Gary Ward 3. Claimant: Gary Ward Date Received: August 30, 1989 Date of Incident: April 17, 1989 Location of Incident: PYA Field Estimate of Damages/ Injuries: $350.96 Nature of Incident: Claimant alleges injuries to his son (Christopher) as the result of an accident. John Terrence 4. Claimant: John Terrence Greenwood Greenwood Date Received: August 30, 1989 Date of Incident: June 14, 1989 Location of Incident: 1000 Spur 280 Estimate of Damages/ Injuries: $314.20 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident. Annie Lucille 5. Claimant: Annie Lucille Miller Miller Date Received: August 29, 1989 Date of Incident: July 6, 1989 Location of Incident: 608 Churchill Road Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to her property as the result of a broken water main. Coleman W. Smith 6. Claimant: Coleman W. Smith Date Received: August 29, 1989 Date of Incident: June 30, 1989 Location of Incident: 4912 Birchman Estimate of Damages/ Injuries: $200.00 Minutes of City Council M-3 Page 538 TUESDAY, SEPTEMBER 5, 1989 Coleman W. Smith Nature of Incident: Claimant alleges damages to his claim cont. property as the result of heavy rain. Don and Delores 7. Claimant: Don and Delores Morgan Morgan Date Received: August 29, 1989 Date of Incident: May 13, 1989 Attorney: Barrett W. Stetson Location of Incident: Forest Hill Drive Estimate of Damages/ Injuries: Jimmy - $300,000.00 Brian - $50,000.00 Nature of Incident: Claimants allege damages and injuries as the result of an accident due to alleged improper tapering of roadway and improper signage. Bobby Brent 8. Claimant: Bobby Brent Kirschner Kirschner Date Received: August 29, 1989 Date of Incident: August 12, 1989 Location of Incident: 7800 Block Highway 80 Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (Animal control truck). ruth Staats 9. Claimant: Ruth Staats Date Received: August 29, 1989 Date of Incident: April 14, 1989 Location of Incident: 5040 Lyndon Drive Estimate of Damages/ Injuries: $92.07 Nature of Incident: Claimant alleges damages as a result of water being turned off at meter. Mrs. Hal M. 10. Claimant: Mrs. Hal M. Lattimore Lattimore Date Received: August 29, 1989 Date of Incident: August 21, 1989 Location of Incident: 4233 Ridgehaven Court Estimate of Damages/ Injuries: $53.58 Nature of Incident: Claimant alleges damages to her property as the result of City crew cutting sprinkler line. Steven L. Hilaman 11. Claimant: Steven L. Hilaman Date Received: August 28, 1989 Date of Incident: June 28, 1989 Location of Incident: 7929 Moring Lane Estimate of Damages/ Injuries: $200.00 - $250.00 Nature of Incident: Claimant alleges damages to his property as the result of an accident involving a City -owned vehicle (garbage truck). Owen J. Marx 12. Claimant: Owen J. Marx Date Received: August 10, 1989 Date of Incident: Undeclared Location of Incident: 4916 and 4918 Bonnell Avenue Estimate of Damages/ Injuries: Expected to exceed $40,000.00 Nature of Incident: Claimant alleges damages to his property as the result of excavation work performed on Driskel1. William R. McCall 13. Claimant: William R. McCall and Pauline D. and Pauline D. McCall McCall Date Received: August 25, 1989 Date of Incident: Commencing approximately June 26, 1989 through present Attorney: Watson and Watson (Robert A. Watson) Location of Incident: 721 Verna Trail North Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimants allege damages caused by contractors (L.D. Conatser Minutes of City Council M-3 Page 539 5/10 Willaim r. McCall and Pauline D. McCall claim cont Mr. Michael Stanley Chris Padron OCS-3 Correspond- ence - from Radford Manu- facturing, Inc. TUESDAY, SEPTEMBER 5, 1989 14. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 15. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Construction, Redwood Properties, Inc., and the City of Fort Worth) involving the sewer construction project on Live Oak Creek. Mr. Michael Stanley August 25, 1989 Commencing approximately June 26, 1989, through present Watson and Watson (Robert A. Watson) 721 Verna Trail North Undeclared Claimant alleges damages caused by contractors (L.D. Conatser Construction, Redwood Properties, Inc., and the City of Fort Worth) involving the sewer construction project on Live Oak Creek. Chris Padron August 25, 1989 July 8, 1989 2006 Provine $155.00 - $178.00 Claimant alleges damages to his automobile as the result of tree branches falling from a City truck. It was the consensus of the City Council that notices of claims be referred to the Risk Management Department. There was presented Mayor and Council Communication No. OCS-3 from the Office of the City Secretary submitting correspondence from Radford Manufacturing, Inc., Troy Radford, President, regarding response time by the Fort Worth Police Department; and a copy of correspondence from Mr. Geary Stills, Vice President/General Manager of Sammons Cable Services, to Mr. James C. Reimann regarding questions and recommendations regarding Sammons Cable Services. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. OC S-4 annexing of There was presented Mayor and Council Communication No. OCS-4 from the Office Old Decatur of the City Secretary stating that the City Council held public hearings in the Council Village Chambers at City Hall of the City of Fort Worth, Texas, on August 1, 1989, and August 15, 1989, in connection with Council consideration of the annexation of 119.025 acres of Old Decatur Village and that hearings were closed not more than 20 days nor less than ten days prior to this date; that the property is located between U.S. Highway 81-287 (business) and Old Decatur Road (County Road #4107) and north of the City of Saginaw; that, if annexed, it would become a part of City Council District 2; and recommending that the City Council adopt an ordinance on first reading annexing the land in question. Introduced and Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted on first reading and that the ordinance be published in the official newspaper of the City of Fort Worth in accordance with provisions of Section 35, Chapter 27, of the Charter of the City of Fort Worth, Texas. The motion was seconded by Council Member Murrina The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10379 10379 AN ORDINANCE DECLARING CERTAIN FINDINGS;' PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 119.025 ACRES (0.186 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. Minutes of City Council M-3 Page 540 5/4 TUESDAY, SEPTEMBER 5, 1989 Ordinance No. WHEREAS, a public hearing before the City Council of the 10379 cont. City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 1st day of August, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 15th day of August, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 19th day of July, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing; and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 2nd day of August, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the hereinafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 119.025 acres (0.186 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points ,contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Fort Worth, Texas, to -wit: ALL OF THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE BENJAMIN THOMAS SURVEY, ABSTRACT NO. 1497, TARRANT COUNTY, TEXAS; BEING A PORTION OF A 100 -ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOLUME 943, PAGE 221 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND A PORTION OF THE RIGHT-OF-WAYS OF HIGHWAY 287 (BUSINESS) AND COUNTY ROAD NO. 4107; AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the southwest right-of-way line of U.S. Highway 287 (Business) at the most northerly corner of a 56.533 acre tract for the POINT OF BEGINNING of the herein described tract of land: Minutes of City Council M-3 Page 541 TUESDAY, SEPTEMBER 5, 1989 Ordinance No. THENCE, with the southwest right-of-way line of U.S. Highway 287 10379 cont. (Business), the following three (3) courses: 1. S36012'22"E a distance of 944.88 feet to a point at an angle point; 2. S36006'43"E a distance of 3505.67 feet to a point at an angle point; and 3. S36004'32"E a distance of 2541.36 feet to a point for the southeast corner of this tract; THENCE, with the south line of a 62.492 acre tract, West, to a point at the southwest corner of said 62.492 acre tract in the east right-of-way line of County Road 4107 at 1948.62 feet; THENCE, with the approximated east right-of-way line of County Road 4107, the following three (3) courses; 1. N17035'19"W a distance of 1370.88 feet to a point at an angle point; 2. N17°4638"W a distance of 695.80 feet to a point at an angle point; and 3. N23°05'52"W a distance of 3985.75 feet to a point for the most northerly point in the approximated east right-of-way line of County Road 4107; THENCE, with the northwest line of said 56.533 -acre tract, N54°31'41"E, a distance of 22.34 feet to the POINT OF BEGINNING, and containing 119.025 acres of land, more or less. This description was compiled as dated from previous surveys by this firm of the subject property. This description does not represent a current on the ground survey and is compiled for exhibit purposes. SECTION 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas . SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43.056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed. SECTION 5. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared 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 ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. Minutes of City Council M-3 Page 542 TUESDAY, SEPTEMBER 5, 1989 Ordinance No.II SECTION 7. 10279 cont. That this ordinance shall be in full force and effect from and after the date of its passage on second reading as provided for in Section 35 of Chapter XXVII of the Charter of the City of Fort Worth, Texas, and it is so ordained. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name and Acreage Annexed: Old Decatur Village, 119.025 Acres Location: Between U.S. Hwy. 81-287 (Bus.) and Old Decatur Road (Co. Rd. #4107) and North of the City of Saginaw County: Tarrant Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, within the limits of existing personnel and equipment, will be provided on the effective date of annexation. (2) As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. (3) Upon ultimate development of the area, the same level of police protection services will be provided to this area as are furnished throughout the City. B. Fire and Emergency Protection Service (1) Fire protection services by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation ordinances. (2) As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. (3) Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services (1) Enforcement of the City's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers ordinances and animal control ordinances, shall be provided within this area on the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel beginning with the effective date of the annexation ordinance. (2) The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within this area beginning with the effective date of the annexation ordinance. Existing personnel will be used to provide these services. (3) The City's zoning, subdivision, sign, mobile home, junk yard and other ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance. Minutes of City Council M-3 Page 543 TUESDAY, SEPTEMBER 5, 1989 Ordinance No. (4) All inspection services furnished by the City of Fort 10379 cont. Worth, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance. (5) As development and construction commence within this area, sufficient personnel will be provided to furnish this area the same level of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning Services The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan. E. Recreation and Leisure Services (1) Residents of this property may utilize all existing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. (2) , Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Fort Worth. This property will be included in all plans for providing recreation and leisure services to the City. The same level of recreation and leisure services shall be furnished to this property as is furnished throughout the City. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this property shall, upon deeding to and acceptance by the City, be maintained and operated by the City of Fort Worth; but not otherwise. F. Solid Waste Collection (1) Solid waste collection shall be provided to the property in accordance with existing City policies, beginning with the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until notified by the Director of Transportation and Public Works. (2) As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. G. Street, Storm Drainage and Street Lights (1) The City of Fort Worth's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation ordinance. The City will maintain improved roadway sections dedicated to the public consistent with maintenance performed on other roadways of similar construction and classification within the City of Fort Worth. (2) As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. (3) The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Fort Worth as is provided to City streets throughout the City. (4) The City will maintain storm drainage facilities, within a drainage easement when constructed, to current City of Fort Worth standards applicable throughout the City. As development, improvement or construction of storm drainage facilities to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. Minutes of City Council M-3 Page 544 Ordinance No. 10379 cont. TUESDAY, SEPTEMBER 5, 1989 (5) Street lights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. H. Water Services (1) Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial use within this property will be provided in accordance with existing City ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended by the property owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within this property, whichever occurs later. I. Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous (1) Any facility or building located within the annexed area and acquired by the City of Fort Worth to provide service to the area will be maintained by the City commencing upon the date of use or the effective date of the annexation ordinance, whichever occurs later. (2) General municipal administration and administrative service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. 54-5 OC S - 5 Annual There was presented Mayor and Council Communication No. OCS-5 from the Office Congress of of the City Secretary stating that the National League of Cities' Annual Congress of Cities Cities will be held in Atlanta, Georgia, November 25 through 29, 1989; and recommending that the City Council designate a voting delegate and two alternate voting delegates to the 1989 Congress of Cities. On motion of Council Member Chappell, seconded by Council Member Murrin, Council Member Zapata was designated as the voting delegate and Mayor Pro tempore Gilley and Council Member Granger were designated as alternate voting delegates. When the motion was put to a vote by the Mayor, it prevailed unanimously. On motion of Council Member Zapata, seconded by Council Member Murrin, Mayor and Council Communication No. G-8183, Street Name Change: a Portion of "East Northside Drive" to "Yucca Avenue", dated August 29, 1989, was withdrawn from the agenda. M&C G-8181 (Revise l ) There was presented Mayor and Council Communication No. G-8183 (Revised) from Street Name Change the City Manager stating that a request has been received from the Oakhurst Neighborhood Association proposing that a portion of "East Northside Drive" be changed to "Yucca Avenue"; that Margaret Bruce, representative of the Neighborhood Association, feels the change will make Yucca Avenue easier to find when coming off of I.H. 35W, and lessen confusion for the traveling public; that concerned City departments, the Postmaster, and the State Department of Highways and Public Transportation have reviewed this request, and submitted their comments; that the Highway representative has stated that exits with two street names invariably cause more confusion at the intersection and it is very difficult to provide signing in advance of such an intersection that will direct traffic into the proper lane to make the desired turn; that the State Department of Highways and Public Transportations policy requires the cost of re-signing for name changes be borne by others, and indicates that such cost Minutes of City Council M-3 Page 545 TUESDAY, SEPTEMBER 5, 1989 M&C G-8183 will amount to several thousand dollars; that costs of City sign replacement to change (Revised) Street street name signs and add information signs, has been estimated by the Transportation Name Change and Public Works Department to be approximately $600.00; that a public hearing was conducted on August 29, 1989, by the City Council, and continued to the September 5, 1989, City Council meeting; and recommending that an ordinance be adopted by the City Council which would change the name of a portion of "East Northside Drive", between I.H. 35W and Oakhurst Scenic Drive, to "Yucca Avenue", with this change to extend Yucca Avenue as a continuous street name eastward from its western terminus at I.H. 35W. Council Member Zapata made a motion, seconded by Council Member Murrin, that the recommendation, as contained in Mayor and Council Communication No. G-8183 (Revised), be adopted with the applicant to be responsible for reimbursement to the City in the amount of $375.00. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Zapata 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 Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10380 10380 AN ORDINANCE CHANGING THE NAME OF THE PORTION OF "EAST NORTHSIDE DRIVE" AS FURTHER DESCRIBED HEREIN TO "YUCCA AVENUE"; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES AFFECTING STREET NAMES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND NAMING AN EFFECTIVE DATE. M&C G-8195 re There was presented Mayor and Council Communication No. G-8195 from the City request for Manager stating that the United Negro College Fund, Inc., will present its first annual United Negro "Walk a Mile To Save A Mind" walk-a-thon to raise funds to assist colleges and College Fund universities supported by the United Negro College Fund Organization; that the United Walk-A-thon Negro College Fund, Inc., will provide a certificate of liability insurance and will secure the necessary barricades for this event; and recommending that the request to temporarily close Main Street from Eighth to Ninth Street on Saturday, September 23, 1989, from 6:00 a.m. until 1:00 p.m., be authorized. It was the consensus of the City Council that the recommendation be adopted. M&C G-8196 re There was presented Mayor and Council Communication No. G-8196 from the City request of the Manager stating that the Symphony League of Fort Worth, Inc., is requesting permission Symphony League to display an Oktoberfest banner across the 300 Block of 7th Street from Tuesday, of Fort Worth, September 29, until Monday, October 11, 1989; and recommending that the City Council Inc. to display approve the request of Symphony League of Fort Worth, Inc., to display an Oktoberfest an Oktoberfest banner across the 300 Block of 7th Street. It was the consensus of the City Council that the recommendation be adopted. M&C G-8197 re There was presented Mayor and Council Communication No. G-8197 from the City submission of Manager stating that the Fort Worth Public Health Department earned SLIAG funds in the voucher to the provision of health services to eligible legalized aliens seeking legal status under Grants MAnage- the "amnesty" act; that for 1988-1989, the earned funds totalled $92,685.00; that funds ment Division earned for fiscal year 1987-1988 totalled $63,178.00; that these funds will be requested on a State of Texas Purchase Voucher submitted to the Texas Department of Health; and recommending that the City Manager be authorized to submit a voucher for $63,178.00 to the Grants Management Division, Texas Department of Health; authorize the Accounting Division of the Finance Department upon receipt of the funds to establish the grant project account in the City of Fort Worth Financial Accounting System; apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 21.96 percent, which represents the most recently approved rate for this department; and accept any additional funding offered for this grant for the period of September 1, 1989, to August 31, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C G-8198 re There was presented Mayor and Council Communication No. G-8198 from the City Tax Overpayments Manager stating that the Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceed $500.00; that the Revenue Collection Division of the Finance Department has verified that erroneous payments or overpayments were made and recommends refunds, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME 0047-15-50 Cham. Arl. Hts. #1F NCNB Texas Bank 1988 Taxes Lot 11, Block 3 (City/School) Taxes Paid Twice Minutes of City Council M-3 Page 546 AMOUNT $2,297.20 547 TUESDAY, SEPTEMBER 5, 1989 .. ti M&C G-8198 re Tax Overpayments cont. 0210-07-62 Overton South 1988 Taxes Lot 8A, Block 18 (City/School) Taxes Paid Twice 0299-63-08 Summerfields 1987 Taxes Lot 8, Block 29 (City Only) Taxes Paid Twice 0541-65-90 Rolling Hills Est. 1988 Taxes Lot 19, Block 2 (School Only) Taxes Paid Twice Carteret Mtg. Corp. $ 798.19 Colonial Savings $ 547.67 Troy and Nichols $2,388.53 It was recommended that the above -referenced tax overpayments be refunded. Council Member Chappell requested that he and Council Member Zapata be permitted to abstain from voting on Mayor and Council Communication No. G-8198 because of a conflict in voting on any issue involving the Fort Worth Independent School District and Council Member Webber advised the City Council that she has a conflict of interest and cannot vote on Mayor and Council Communication No. G-8198. M&C G-8198 be It appearing to the City Council that a majority of all members of the City cont. for one Council cannot vote on final passage of Mayor and Council Communication No. G-8198, week Council Member Zapata made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. G-8198 be continued for one week. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-8199 re There was presented Mayor and Council Communication No. G-8199 from the City acceptance of Manager stating that the City Council authorized the Mayor to execute a Real Estate Fleetwood Pump Exchange Agreement with Centreport Joint Venture for the purpose of exchanging 6.733 Station acres of City property for Centreport property on December 9,-1986, by Mayor and mated receipts in Council Communication No. L-9059; that the City retained title to this tract of Greater Equipment Services Southwest International Airport property for water service purposes; that this tract has a water well and pump facilities that provide water service to the general area; that the City wishes to relocate the water facility to a new site; that the Centreport Joint Venture is paying the engineering and construction costs for the new pump station facility, related site improvements, and construction cost of a 24 -inch water main from Highway 360 East to the new facility; that the site conveyed by Centreport must be taken down and paid for under terms of the option agreement, Mayor and Council Introduced an Ordinance Communication No. L-6461, prior to conveyance to the City; that the request is initiated in order for the Centreport Joint Venture to convey to the City approximately 3.2 acres, situated in the J. Hutton Survey for the new water storage and pumping facility; and recommending that the City Council accept the Fleetwood Pump Station as substantially complete. It was the consensus of the City Council that the recommendation be adopted. M&C G-8200 re There was presented Mayor and Council Communication No. G-8200 from the City replacement of Manager recommending that a work authorization be authorized in accordance with AR3-3 sanitary sewer for the replacement of Sanitary Sewer M-128 by Water Department Field Operation crews; located in Grace Street, north of East Belknap Street, for a total estimated project cost of $52,960.52. It was the consensus of the City Council that the recommendation be adopted with funds available in Field Operations Sewer Construction Account No. 70-70-04, Index Code 387886. It was the consensus of the City Council that the recommendation be adopted. M&C G-8201 re There was presented Mayor and Council Communication No. G-8201 from the City Supplemental Manager stating that the Equipment Services Division was appropriated $2,229,427.00 for Appropriations fuel related expenses during fiscal year 1988-89; that, during the year, circumstances increasing esti- developed in the world oil market that impacted significantly the price of the fuel; mated receipts in that this unforeseen price increase will result in an overall fuel related expense of Equipment Services about $2,379,427.00 for fiscal year 1988-89; that this represents an expenditure of $150,000.00 over what was appropriated; and recommending that City Council adopt a supplemental appropriations ordinance increasing estimated receipts in Equipment Services Operating Fund 61 by $150,000.00 and appropriations in the Equipment Services Operating Fund 61, City Services Department, Equipment Services Division, Account No. 21-20-70, in the same amount from increased revenues. It was the consensus of the City Council that the recommendation be adopted. Introduced an Ordinance Council Member Murrin introduced an ordinance and made a motion that it be 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 Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows: Minutes of City Council M-3 Page 547 548 TUESDAY, SEPTEMBER 5, 1989 Ordinance No. ORDINANCE NO. 10381 10381 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE EQUIPMENT SERVICES OPERATING FUND, FUND 61, ACCOUNT NO. 21-20-70, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1988-89 BY $150,000 AND APPROPRIATING SAID AMOUNT IN THE EQUIPMENT SERVICES OPERATING FUND, CITY SERVICES DEPARTMENT, ACCOUNT NO. 21-20-70, FOR THE PURPOSE OF PAYING ADDITIONAL FUEL EXPENSES DUE TO AN UNFORESEEN PRICE INCREASE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8202 re There was presented Mayor and Council Communication No. G-8202 from the City Consent to the Manager, as follows: Appointment to th Construction and SUBJECT: CONSENT TO THE APPOINTMENT TO THE CONSTRUCTION AND FIRE Fire Prevention PREVENTION BOARD OF APPEALS Board of Appeals Dorl and Carol RECOMMENDATION: Shelton, Joe Ly dick, G. Scott It is recommended that the City Council consent to the appointment Adams, J.R. Scott by the City Manager of the persons described below to the Robert J. Kinkel Construction and Fire Prevention Board of Appeals. DISCUSSION: The City Manager, by Ordinance Number 9282, with the consent of the City Council, must appoint members to serve on the subject Board. Special expertise for members of this Board is required in order that they may interpret the technical provisions of each code. In order to ensure the expertise on the Board, six of the nine members are nominated by associations specified in the ordinance, and the City Manager, with assistance of the Building Official, nominates the remaining three. Each member of the Board serves a two-year term and each is limited to not more than three consecutive terms. Reappointments are as follows: Place No. 1 An architect nominated by the Fort Worth Chapter of the American Institute of Architects. Mr. Dorland Carol Shelton meets all the requirements, is currently serving and needs to be reappointed to a second term to expire October 1, 1991. Place No. 3 A general building contractor nominated by the Fort Worth Chapter of the Associated General Contractors. Mr. Joe Lydick meets all the requirements, is currently serving and needs to be reappointed to a third term to expire October 1, 1991. Place No. 5 A mechanical engineer nominated by the Fort Worth Branch of the Texas Society of Professional Engineers. Mr. G. Scott Adams meets all the requirements, is currently serving and needs to be reappointed to a second terms to expire October 1, 1991. Place No. 9 An expert in hazardous materials and chemicals nominated by the City Manager. Mr. J. R. Scott meets all the requirements, is currently serving and needs to be reappointed to a third term to expire October 1, 1991. Minutes of City Council M-3 Page 548 C7/I(,) TUESDAY, SEPTEMBER 5, 1989 .. T &C G-8202 cont. 11 Place No. 7 A person qualified in design and installation of fire sprinkler systems nominated by the City Manager. Mr. Robert J. Kinkel meets all requirements, is a new nominee and needs to be appointed to a term to expire October 1, 1991. Mr. Kinkel is an engineer with eighteen years experience in engineering plumbing/fire protection systems for commercial institutional, military and industrial complexes. He is a member of the National Fire Protection Association and American Society of Plumbing Engineers. Mr. Kinkel is a Red Cross CPR Safety Instructor and a Fort Worth Independent School District Adopt a School Mentor. He has been a residence of Fort Worth for over 20 years. Mr. Kinkel resides at 2924 Meadowbrook Drive. NOES: None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows: , r d i n a n c e No. ORDINANCE NO. 10382 0382 AN ORDINANCE PASSED CONCURRENTLY BY THE CITY COUNCILS, RESPECTIVELY, OF THE CITIES OF DALLAS AND FORT WORTH, AUTHORIZING AND APPROVING THE CREATION OF A NON-PROFIT AIRPORT FACILITY IMPROVEMENT CORPORATION TO ACT ON BEHALF OF THE CITIES OF DALLAS AND FORT WORTH, TEXAS. WHEREAS, the Board of Directors of the Dallas -Fort Worth International Airport (the "Board") have requested the Cities of Dallas and Fort Worth, Texas (the "Cities") to approve the Articles of Incorporation of the Dallas -Fort Worth International Airport Facility Improvement Corporation (the "Corporation") in accordance with the requirements of Article 45d-14, Vernon's Texas Civil Statutes, as amended (the "Act"); and, WHEREAS, the Cities are duly created Cities of the State of Texas and are "public agencies" under the Act and are parties to a joint action agreement executed under the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Articles of Incorporation proposed to be use in organizing the Dallas -Fort Worth International Airport Facility Improvement Corporation (copy attached and made a part hereof for all purposes) are hereby approve. SECTION 2. This Ordinance may be executed in counterparts, and when duly passed by both Cities, and separate Minutes of City Council M-3 Page 549 On motion of Council Member Murrin, seconded by Council Member Granger, the recommendation, as contained in Mayor and Council Communication No. G-8202, was adopted. &C G-8203 re There was presented Mayor and Council Communication No. G-8203 from the City rticles of In- Manager stating that the Board of Directors of Dallas -Fort Worth International Airport orporation of the has requested that the Cities of Fort Worth and Dallas approve the Articles of FW Airport Facilit Incorporation of the Dallas -Fort Worth International Airport Facility Improvement mprovement Corp- Corporation in accordance with the requirements of Article 46-d, Vernon's Civil ration Statutes, as amended; that the requested action would approve the creation of a nonprofit airport facility improvement corporation under Subsection 14(b) of Article 46-d; that the corporation would be utilized to provide financing for the cost of the airport facilities such as real and personal property, buildings, and equipment related to servicing aircraft or for the accommodation of air travelers, which would benefit the operation, economic development, or revenue requirements of DFW International Airport; that no agreements, bond, debts, or obligations of the corporation would ever be deemed to be obligations of the cities of Fort Worth or Dallas or a pledge of their credit; that the Board of Directors of the corporation would be composed of five persons appointed by the DFW International Airport Board; and recommending that an ordinance be adopted approving the Articles of Incorporation of the DFW Airport Facility Improvement Corporation. On motion of Council Member Zapata, seconded by Council Member McCray, the recommendation was adopted. ntroduced an Council Member Zapata introduced an ordinance and made a motion that it be rdinance 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 Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows: , r d i n a n c e No. ORDINANCE NO. 10382 0382 AN ORDINANCE PASSED CONCURRENTLY BY THE CITY COUNCILS, RESPECTIVELY, OF THE CITIES OF DALLAS AND FORT WORTH, AUTHORIZING AND APPROVING THE CREATION OF A NON-PROFIT AIRPORT FACILITY IMPROVEMENT CORPORATION TO ACT ON BEHALF OF THE CITIES OF DALLAS AND FORT WORTH, TEXAS. WHEREAS, the Board of Directors of the Dallas -Fort Worth International Airport (the "Board") have requested the Cities of Dallas and Fort Worth, Texas (the "Cities") to approve the Articles of Incorporation of the Dallas -Fort Worth International Airport Facility Improvement Corporation (the "Corporation") in accordance with the requirements of Article 45d-14, Vernon's Texas Civil Statutes, as amended (the "Act"); and, WHEREAS, the Cities are duly created Cities of the State of Texas and are "public agencies" under the Act and are parties to a joint action agreement executed under the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Articles of Incorporation proposed to be use in organizing the Dallas -Fort Worth International Airport Facility Improvement Corporation (copy attached and made a part hereof for all purposes) are hereby approve. SECTION 2. This Ordinance may be executed in counterparts, and when duly passed by both Cities, and separate Minutes of City Council M-3 Page 549 550 TUESDAY, SEPTEMBER 5, 1989 counterparts are duly executed by each City, the -Ordinance shall be Ordinance No. in full force and effect. 10382 cont. M&C G-8204 re There was presented Mayor and Council. Communication No. G-8204 from the City payment to the Manager, as follows: American Water SUBJECT: ASSESSMENT TO CREATE WATER INDUSTRY TECHNICAL ACTION FUND Works Association for the purpose RECOMMENDATION: of establishing a Water Industry It is recommended that the City Council authorize payment of a Technical Action one-time assessment in the amount of $15,000 to the American Water Fund Works Association for the purpose of establishing a Water Industry Technical Action Fund. DISCUSSION: A fund raising effort has been launched by the American Water Works Association (AWWA) to raise $2.2 million nationwide to enhance the water industry's participation in the federal regulatory process. Other organizations such as the Association of Metropolitan Water Agencies, the National Water Resources Association and the National Association of Water Companies are supporting the fund raising effort. In addition, the National Rural Water Association is considering a special assessment of its member utilities for the fund. The action fund will support studies and data collection with the objective to provide accurate and extensive operating data to the U.S. EPA staff as regulations are being formulated. Currently, the water industry believes that such regulations are being promulgated with little understanding of the complex technical issues involved. As a group, the water industry in this country believes that it has a public health obligation to ensure that the water supplied to its consumers meets the highest standards of safety within a regulatory framework that is practical and achievable. The aim is to produce realistic, workable regulations. In just the last two years there has been more legislative activity directed at drinking water quality than in the past 100 years combined. While Washington's influence on the water industry has been great, the industry's influence on Washington has been relatively small. As regulations are promulgated to implement this water quality legislation, it is important that Fort Worth has an opportunity to be involved in the process to ensure that the approaches taken are workable for our situation. Identifiedas the top three priority project areas for funding support are the development of vulnerability criteria to be used in responding to EPA's recently proposed SOC/IOC proposed rule, with an estimated funding level $30,000-$50,000; radionucledes, $75,000-$125,000; and a disinfection/disinfection byproducts data base effort, with an estimated funding of $75,000-$100,000. More than 150 water utilities around the country have already committed over 50% of the assessment goal. FINANCING: Sufficient funds are available in Water and Sewer Operating Fund 45, Account No. 60-10-00, Water Administration. Expenditure will be made from Index Code 370767. M&C G-8204 adopte� It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8204, be adopted. M&C p-3685 re There was presented Mayor and Council Communication No. P-3685 from the City purchase of labor Manager stating that the transfer and rebuilding of two aerial units by Commercial Body and materials fror, froCorporation for an amount not to exceed $25,000.00 was authorized on January 17, 1989, Commercial Body by Mayor and Council Communication No. P-3160; that Equipment Services Division Corporation requests an increase of $3,807.14 to be awarded to complete the transfer/rebuild of the light/signal 36 feet aerial bucket, equipment number 427-0021; that.funds are available in General Fund 01, Account Nos. 20-45-03 and 20-45-01, Index Codes 352476 and 282590, respectively; and recommending that the amendment of Mayor and Council Communication No. No. P-3160, awarded to Commercial Body Corporation on January 17, 1989, for the purchase of labor and materials to transfer and rebuild two aerial units and bodies for the Transportation and Public Works Department be authorized to read as follows: "It is recommended that City Council authorize the purchase of labor and materials to transfer and rebuild two aerial units and bodies for the Transportation and Public Works Department from Commercial Body Corporation, the low bid meeting City specifications for an amount not to exceed $28,807.14 net, f.o.b. Fort Worth." Minutes of City Council M-3 Page 550 551 TUESDAY, SEPTEMBER 5, 1989 1&C P-3685 adopted 11 It was the consensus of the City Council that the recommendation be adopted. 1&C P-3686 re There was presented Mayor and Council Communication No. P-3686 from the City agreement with Manager stating that a one-year purchase agreement was authorized on January 17, 1989, Irowning Ferris by Mayor and Council Communication No. P-3137 for trash collecting for Public Events Industries to pro- Department with Browning Ferris Industries; that additional services is needed, due to ride trash collect- an increase of special events at the Equestrian Center and Exhibit Hall; that budgeted on for the Public funds are sufficient to cover the anticipated expenditure by the Public Events .vents Department Department; and recommending that the City Council amend the recommendation of Mayor and Council Communication No. P-3137, approved on January 17, 1989, to read: "Authorize a purchase agreement for trash collecting for the Public Events Department with Browning Ferris Industries on the low bid of unit prices, net f.o.b. Fort Worth, as follows: I&C P-3689 re 30 Cu. Yd. 35 Cu. Yd. 30 Yd. purchase agreement Trash Compacter Trash Compacter Dumpster :or the repair, at Exhibit Hall at the Equestrian Center for scheduled events iaintenance, train- $114.00 $120.00 $110.00 I&C P-3686 adopted It was also recommended that the agreement be exclusive for the Public Events ionster parts for Department effective from this date through January 17, 1990. It was the consensus of the Water Departmen the City Council that the recommendation be adopted. I&C P-3687 re There was presented Mayor and Council Communication No. P-3687 from the City sur chase of a Manager submitting a tabulation of bids received for the purchase of a telephone voice telephone voice logging recorder system for the Health Department; stating that funds are available in ogging recorder General Fund 01, Account No. 50-30-06, Index Code 290577; and recommending that the ;ystem for the purchase be made from Drake Communications for the low price of $5,955.00 installed lealth Department net, f.o.b. Fort Worth. It was the consensus of the City Council that the :rom Drak communi ca recommendation be adopted. ;ions I&C P-3688 re There was presented Mayor and Council Communication No. P-3688 from the City purchase of 500 M Manager submitting a tabulation of bids received for the purchase of 500 M envelopes envelopes with from multiple vendors for City of Fort Worth Print Shop; stating that funds are iultiple vendors available in Reprographics Fund 63, Account No. 90-13-10, Index Code 226522; and :or the City of recommending that the purchase be made from Colortree, Inc., for an amount of ort Worth Print $1,900.00 and Federal Envelope Company for an amount of $3,202.00 for a total amount of ,hop $5,102.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. I&C P-3689 re There was presented Mayor and Council Communication No. P-3689 from the City purchase agreement Manager stating that a one-year purchase agreement was authorized with a one-year :or the repair, option to renew on October 4, 1988, by Mayor and Council Communication No. P-2979, with iaintenance, train- Disposable Waste Systems, Inc.; that the services rendered has been satisfactory and ng and muffin. staff request that the agreement be renewed for the last year's option to renew; that ionster parts for the vendor has agreed to hold the price firm for one additional year; stating that the Water Departmen budgeted funds are sufficient to cover the anticipated expenditure by each department lith Disposable participating in the agreement; and recommending that the City Council authorize the laste Systems, Inc. option for renewal of a purchase agreement (Mayor and Council Communication No. P-2979, October 4, 1988) for the repair, maintenance training, and muffin monster parts for the Water Department with Disposal Waste Systems, Inc., the manufacturer and sole quotation, as follows: AMOUNT BID REPAIR/ VENDOR INSTRUCT. PARTS Disposable Waste Systems, Inc. $6,369/each List Price Santa Ana, CA plus Travel plus Expenses Terms are net 30 days, f.o.b. Santa Ana, California, freight prepaid and add. I&C P-3689 adopted It was also recommending that no other department be authorized to use this agreement and that the agreement become effective upon authorization by City Council and end one year later. It was the consensus of the City Council that the recommendations be adopted. &C P-3690 re There was presented Mayor and Council Communication No. P-3690 from the City urchase of two Manager recommending that the City Council confirm the emergency purchase of two roducts suits from protective suits from Vallen Safety Supply Company for the Fire Department for an award allen Safety of order of $6,600.00 net, with funds available in General Fund 01, Account No. upply Company for 36-80-00, Index Code 278531. It was the consensus of the City Council that the award he Fire Department of an order in the amount of $6,600.00 to Vallen Safety Supply Company be approved, confirmed, and ratified. &C L-9896 re There was presented Mayor and Council Communication No. L-9896 from the City cquisition of Manager recommending that the City pay a consideration of $3,810.00 for a aseme n is rectangularly -shaped permanent easement 15 feet in depth and approximately 129 feet in length located along and adjacent to the southerly side of Tract 1B, E.H. Burke Survey, Abstract No. 160, as described in Volume 7986, Page 445, Deed Records, Tarrant County, Texas, and a 25 -foot temporary construction easement adjacent to the northerly and Minutes of City Council M-3 Page 551 TUESDAY, SEPTEMBER 5, 1989 M&C L-9896 cont. westerly side of the above-described permanent easement; located north of Southwest Boulevard (State Highway 183); owned by Carol Dacy Heck, Daniel F. Dacy, David T. Dacy, and Patrick N. Dacy; and required for Sanitary Sewer Main M-211 Rehabilitation and Relocation Project; and recommending that a bond fund transfer in the amount of $3,810.00 be authorized from Sewer Capital Improvement Fund 58, Project No. 013901-00, Unspecified, to Sewer Capital Improvement Fund 58, Project No 017074-00, Relocation and Rehabilitation of Sanitary Sewer Main M-211: and approve acquisition of land and/or easements. It was the consensus of the City Council that the recommendations be adopted and that expenditures be charged to Index Code 698787. M&C L-9897 re There was presented Mayor and Council Communication No. L-9897 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for a triangularly - 1 and shaped parcel of land out of Tract 6E-1 of the Sarah Gray Survey, Abstract No. 558 as recorded in Volume 6489, Page 515, Volume 6489, Page 519, and Volume 6489, Page 522, Deed Records, Tarrant County, Texas; said land being 15.1 feet in width along its north line, 29.4 feet in depth along its east line (its hypotenuse) and 25.3 feet in depth; located east of I-35, south of Hardgrove Road; owned by Dorothy Davenport; and required for Fort Worth Spinks Airport. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Grants Fund 76, Project No. 218691-05, Index Code 699702. M&C L-9898 re There was presented Mayor and Council Communication No. L-9898 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire two permanent easements out of Block A, Westcliff Addition, as recorded in Volume 8787, Page 2233, Deed Records, Tarrant County, Texas, and two temporary construction easements adjacent to both sides of the above-described permanent easements; located on I-20 at Old Granbury Road; owned by Southcliff Shopping Center Associates; and required for I-20 Water and Sewer Main Adjustments. It was the consensus of the City Council that the recommendation be adopted. , M&C L-9899 re There was presented Mayor and Council Communication No. L-9899 from the City conveyance of Lot Manager stating that the City received Lot 14, Block 27, Lake View Addition as a result 14, Block 27, of a Sheriff's Sale on September 6, 1988; that the property had been tagged substandard Lake view Addi ti o by the Code Enforcement Division; that the Texas Black Alcoholism Council, Inc., has to the Texas Black approached the City with a request to utilize the property as a counseling center; that Alcoholism the City has obtained a deed from the owner of the property which allows for a waiver Council, Inc. of the redemption period; and recommending that the City Manager be authorized to Fort Worth convey the property known as Lot 14, Block 27, Lake View Addition to the Texas Black Alcoholism Council, Inc., Fort Worth, for $1.00, with the property to be used as an office and counseling center. It was the consensus of the City Council that the recommendation be adopted. M&C L-9900 re There was presented Mayor and Council Communication No. L-9900 from the City acquisition of Manager recommending that the City pay a total consideration of $1,980.00 for an land irregularly-shaped g y -shaped parcel of land 12.42 feet in depth and nine feet in depth on the east end out of Lot 28, and south 7 feet of Lot 27, Block 4, White's Subdivision, as recorded in Volume 5667, Page 840, Deed Records, Tarrant County, Texas; said parcel being located on the north side of the existing Oleander Street and is 160 feet length; located at 900 East Oleander; owned by Flint Cut Rate Drugs, Inc.; required for Reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Capital Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-9901 re There was presented Mayor and Council Communication No. L-9901 from the City acquisition of Manager recommending that the City pay a total consideration of $1,340.00 for a permanent ease- permanent easement out of the south half of Lot 7, Block 4, Harwood Little Farms ment Addition, as described in Volume 6908, Page 2002, Deed Records, Tarrant County, Texas; said easement being 22 feet in depth and 154 feet in length; located at 5219 South Hampshire Boulevard; owned by Azmi R. Elqutob; 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 Street Capital Improvements Fund 67, Project No. 028841-00, Index Code 699884. M&C C-11844 re contract with There was presented Mayor and Council Communication No. C-11844 from the City L. Grimes and Manager submitting a tabulation of bids received for storm drain improvements in Lake Company, Inc. Street from West Daggett Avenue to Petersmith Street; and recommending that the City for Storm Drain Manager be authorized to execute a contract with L. Grimes and Company, Inc., for storm Improvements iin drain improvements in Lake Street, from West Daggett Avenue to Petersmith Street, in the amount of $165,590.96 based on its lowest responsive bid, and that a bond fund transfer in the amount of $165,590.96 be authorized from 67-028901-00, Storm Drains Unspecified, to 67-028868-00, Lake Street, West Daggett to Petersmith, to provide funds for construction. It was the consensus of the City Council that the recommendations be adopted. M&C C-11845 re There was presented Mayor and Council Communication No. C-11845 from the City contract with Manager submitting a tabulation of bids received for Concrete Restoration, 89-1, harrod Paving providing for improvements to Granbury Road from Loop 820 to Dan Danciger Road and Company for Rosedale Street from Forest Park to 8th Avenue; and recommending that the City Manager Concrete Restora- be authorized to execute a contract with Harrod Paving Company for Concrete tion Restoration, 89-1, in the amount of $320,226.15 based on its lowest responsive bid, and that a bond fund transfer in the amount of $320,226.15 be authorized from 93-057801-00, 1989 Program Unspecified, to 93-053112-00, Concrete Restoration 89-1, to provide funds Minutes of City Council M-3 Page 552 �0 �- TUESDAY, SEPTEMBER 5, 1989 M&C C-11845 cont. for construction. It was the consensus of the City Council that the recommendations be and adopted adopted. M&C C-11846 re There was presented Mayor and Council Communication No. C-11846 from the City submission grant Manager stating that the goals of the AIDS Services and Education program are to reduce to the Texas the spread of AIDS and HIV infection through educational activities and outreach Department of programs and to perform health services which may minimize the need for more costly Health, AIDS Di- medical services later; that the scope of work for these activities will include vision Tarrant County and the adjacent counties of Denton, Wise, Palo Pinto, Johnson, Erath, Somervell, Parker, and Hood; that funds are divided into two work phases and allocated by education and services; and recommending that the City Manager be authorized to: 1. Submit a grant application to the Texas Department of Health, AIDS Division, for continued funding of an Acquired Immune Deficiency Syndrome (AIDS) Services and Education program for the period September 1, 1989, to August 31, 1990, in the amount of $72,164.00; 2. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account(s) in the City of Fort Worth financial accounting system upon receipt of an executed contract; 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 21.96 percent, which represents the most recently approved rate for this department); and It is recommended that the City Council authorize the City Manager to execute amendments to the following Job Training Partnership Act Title IIB PY '89 contracts: 1. Authorize an amendment to the contract with Cassata Learning Center for the Pre -Enrollment Assessment Program to add an additional $1,874 to the contract for a total contract amount of $10,505; and 2. Authorize an amendment to the contract with the Fort Worth Independent School District for the Discovery Program to add an Minutes of City Council M-3 Page 553 4. Accept any additional funding offered for this grant for the period September 1, 1989 to August 31, 1990. M&C C-11846 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-11847 re There was presented Mayor and Council Communication No. C-11847 from the City submission grant Manager stating that the goal of the Sexually Transmitted Disease Control Program is to to the Texas De- reduce the spread and complications of STD infections through interviewing, contact partment of Health tracing, surveillance, and reporting activities; that the scope of work for these Sexually Trans- activities will include Tarrant County, and the adjacent counties of Denton, Wise, Palo mi tted Disease Pinto, Johnson, Erath, Somervell, Parker, and Hood; that no City match is required for Division this grant; and recommending that the City Manager be authorized to: 1. Submit a grant application to the Texas Department of Health, Sexually Transmitted Disease (STD) Division, for continued funding of a STD Control program for the period January 1, 1990, through December 31, 1990, in the amount of $134,413.00; 2. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account(s) in the City of Fort Worth financial accounting system upon receipt of an executed contract; 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 21.96 percent, which represents the most recently approved rate for this department); and 4. Accept any additional funding offered for this grant for the period January 1, 1990, through December 31, 1990. M&C C-11847 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-11848 re There was presented Mayor and Council Communication No. C-11848 from the City Amendments to Manager, as follows: JTPA Title IIB PY `89 Contracts with SUBJECT: AMENDMENTS TO JTPA TITLE IIB PY '89 CONTRACTS WITH Cassata Learning CASSATA LEARNING CENTER AND FORT WORTH INDEPENDENT SCHOOL Center and Fort DISTRICT Worth Independent School District RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute amendments to the following Job Training Partnership Act Title IIB PY '89 contracts: 1. Authorize an amendment to the contract with Cassata Learning Center for the Pre -Enrollment Assessment Program to add an additional $1,874 to the contract for a total contract amount of $10,505; and 2. Authorize an amendment to the contract with the Fort Worth Independent School District for the Discovery Program to add an Minutes of City Council M-3 Page 553 554 - TUESDAY, 54 - TUESDAY, SEPTEMBER 5, 1989 M&C C-11848 cont. additional $2,482 to the contract for a total contract amount of $111,391. DISCUSSION: As authorized through M&C C-11573 on April 4, 1989, the City of Fort Worth entered into a contract with Cassata Learning' Center in the amount of $8,631 to provide Pre -Enrollment Assessment at the cost of $5.75 per participant for the contract period April 1, 1989 to August 26, 1989. According to contract terms, one thousand five hundred (1,500) students were to be tested. Cassata has provided assessment for one thousand eight hundred twenty-seven (1,827) participants. The recommended contract amendment is based on the costs to test additional youth. The Pre -Enrollment Assessment was designed to measure the basic skills grade equivalency of summer youth participants in reading and mathematics. The scores were used to assign youth to appropriate activities within SYETP program. The number of participants to be tested was controlled by the Working Connection. Through the same M&C, the City Council authorized the City to enter into contract in the amount of $108,909 with the Fort Worth Independent School District to implement the Discovery Program for the contract period June 1, 1989 to August 26, 1989, for two hundred (200) participants. The recommended contract amendment is based on the costs to provide child care and transportation for program participants. Provisions for these services were not included in the original budget. The Discovery Program provides youth with vocationally oriented basic skills enhancement with remedial educational activities integrated into the classroom and field activities which explore various occupations. The above contract amendments were approved by the Private Industry Council on August 3, 1989. FINANCING: Sufficient funds are available in Grant Fund 76, Project 405455-04, 405457-04 Cassata Assessment and Project 405455-06, 405457-6, F WISD Discovery. Expenditures will be made from Index Code 510222. Council Member Chappell advised the City Council that he and Council Member Zapata have a conflict with Mayor and Council Communication No. C-11848 involving the Fort Worth Independent School District. Council Member Chappell made a motion, seconded by Council Member Zapata, that Council Members Chappell and Zapata be permitted to abstain from voting on Mayor and Council Communication No. C-11848. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member McCray made a motion, seconded by Council Member Murrin, that the recommendation, as contained in Mayor and Council Communication No. C-11848, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Granger, McCray, Murrin, and Webber NOES: None ABSENT: Mayor Bolen and Council Member Garrison NOT VOTING: Council Members Chappell and Zapata M&C C-11849 re There was presented Mayor and Council Communication No. C-11849 from the City contract with Manager submitting a tabulation of bids received for the rehabilitation of Sanitary Circle C Constr uc- Sewer Lateral 249 located south of Broadway between Hemphill and Grainger Streets; and tion Company for `ie recommending that the City Manager be authorized to execute a contract with Circle C the rehababilita- Construction Company for the rehabilitation of Sanitary Sewer Lateral 249 on its low tion of Sanitary bid of $19,317.00 and that a fund transfer in the amount of $24,000.00 be approved from Sewer Lateral 249 Water and Sewer Operating Fund 45, Account No. 70-90-203, to Sewer Capital Improvement Fund 58, Project No. 017079-00, Rehabilitation Lateral 249. It was the consensus of the City Council that the recommendations be adopted. M&C C-11contract with 0 re contract wThere was presented Mayor and Council Communication No. C-11850 from the City Manager stating that the Transportation and Public Works Department is using Yandell Mandell and and Hiller, Inc., to design the reconstruction of Eastland Street; that, in order for Hiller, Inc. for this project to be advertised with the street reconstruction project, the Water plans and i- Department is requesting that Yandell and Hiller, Inc., be authorized to provide plans cations for the he and specifications for water and/or sanitary sewer replacements in Eastland Street from Water and/or Sanitary Sewer Re - Miller Avenue to Carey Street; and recommending that the City Manager be authorized to placements in Eastland Street Minutes of City Council M-3 Page 554 55 TUESDAY, SEPTEMBER 5, 1989 M&C C-11850 cont. execute an engineering agreement with Yandell and Hiller, Inc., for plans and specifications for the water and/or sanitary sewer replacements in Eastland Street for a total fee not to exceed $62,600.00; that a bond fund transfer in the amount of $22,000.00 be authorized from Special Assessment Fund 94, Project No. 009905-00, Special Assessment Unspecified, to Street Improvements Fund 67, Project No. 019010-00, Water Replacement Eastland Street; and that a fund transfer in the amount of $45,000.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No 022010-00, Sewer Replacement Eastland Street. Council Member Webber advised the City Council that she has a conflict of interest with voting on Mayor and Council Communication No. C-11850. Council Member Chappell made a motion, seconded by Council Member Murrin, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. C-11850. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. C-11850, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Garrison NOT VOTING: Council Member Webber M&C C-11851 re . There was presented Mayor and Council Communication No. C-11851 from the City negotiation of Manager stating that a contract was authorized on June 27, 1989, by Mayor and Council lease with Summit Communication No. C-11741, with the Texas Department of Commerce in the amount of Title Company for $605,880.00 for implementation of a Title III Economic Dislocation and Worker office space at Adjustment Program for the Program Year 1989; that the City received a letter of 1314 Lake Street Obligational Authority from the Texas Department of Commerce to implement a PY'89 JTPA Water Department Title III program; that implementation requires rental of additional space, since the and/or Sanitary current space available to the Department of Employment and Training is not sufficient Sewer Replacements or appropriate for this purpose; that the lease rate for equivalent space ranges from in Biddison Street $8.14 to $12.00 per square foot; that the higher rate is being changed during the first and Ripy Street nine months of the lease to allow the lessor to recover costs incurred for remodeling the building to accommodate JTPA requirements; that the building has adequate parking for approximately 25 automobiles, plus on -street parking; that the recommended three-year seven-month lease will include a fiscal funding -out clause and an option to renew; stating that funds are available in Grant Fund No. 76, Project Nos. 405470-01, 405471-01, and 405472-01, Index Code No. 510180; and recommending that the City Manager be authorized to negotiate a lease with the Summit Title Company for the 8,240 square foot office building at 1314 Lake Street, with an effective date of October 1, 1989, and ending March 31, 1993, with a lease rate for the first nine months of $9.55 per square foot and a rate of $8.14 per square foot for the remainder of the agreement effective July 1, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C C-11852 re There was presented Mayor and Council Communication No. C-11852 from the City contract with Manager stating that the Transportation and Public Works Department is using Teague Teague Nall and Nall and Perkins to design the reconstruction of Biddison Street and Ripy Street; that, Perkins to design in order for this project to be advertised with the street reconstruction project, the plans and specifi- Water Department is requesting that Teague Nall and Perkins be authorized to provide cations for the plans and specifications for water and/or sanitary sewer replacements in Biddison Water Department Street (Hemphill to I-35) and Ripy Street (Alice to Cole); and recommending that the and/or Sanitary City Manager be authorized to execute an engineering agreement with Teague Nall and Sewer Replacements Perkins to designs plans and specifications for the water and/or sanitary sewer in Biddison Street replacements in Biddison Street and Ripy Street for a total fee not to exceed and Ripy Street $35,050.00; that a bond fund transfer in the amount of $17,000.00 be approved from Special Assessment Fund 94, Project No. 009905-00, Special Assessments Unspecified, to Street Improvements Fund 67, Project No. 019012-00, Water Replacement Biddison Street and Ripy Street; and that a bond fund transfer in the amount of $21,500.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No 022012-00, Sewer Replacement, Biddison Street and Ripy Street. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11853 from the City M&C C-11853 re Manager, as follows: Toxic Substance Monitoring Evalua- SUBJECT: TOXIC SUBSTANCE MONITORING EVALUATION -VILLAGE CREEK tion -Village Creek WASTEWATER TREATMENT SYSTEM Wastewater Treat- ment System RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Alan Plummer and Associates, Inc., to perform an evaluation of toxic substance monitoring data, including Minutes of City Council M-3 Page 555 TUESDAY, SEPTEMBER 5, 1989 M&C C-11853 cont. effluent biomonitoring and plant recycle stream quality, related to the Village Creek Wastewater Treatment System (VCWTS) for a fee not to exceed $9,400. . DISCUSSION: The City has recently received two orders for information from the Environmental Protection Agency (EPA) that require monitoring the VCWTS discharge for toxic substances and effects. The information is being requested in order for EPA to determine if the Clean Water Act mandate of no discharge of toxic pollutants in toxic amounts to waters of the United States is being accomplished. The first order for information requires the City to perform biomonitoring tests on the treated wastewater discharge to the Trinity River for a one-year period, starting in January, 1989. In the biomonitoring tests, two types of sensitive aquatic species are exposed to wastewater effluent under controlled conditions to determine toxic effects. These tests are to be performed on samples representative of dry weather flows during normal operation. A second order for information was obtained in June, 1989, requesting weekly monitoring of the wastewater discharge for lead. The monitoring results obtained between July and October, 1989, will be used by the EPA to determine if excess concentrations of lead are being discharged to the Trinity River from wastewater treatment plants. Results of the above testing for toxics can cause the treatment of wastewater to be impacted significantly, if they indicate toxic effects or excessive toxic discharges. When biomonitoring tests show toxic effects, a comprehensive study called a toxicity reduction evaluation must be performed to determine the source of toxic materials. If excessive amounts of specific toxic pollutants are being discharged, such as lead, a limitation on discharges will be added to the wastewater discharge permit. Such requirements could lead to further limitations by the City for the discharge of pollutants by industrial users and/or the addition of treatment units of the VCWTS plant to remove limited pollutants. The first few months of biomonitoring did not indicate toxic effects, but the last few months did indicate toxic effects. The last few months of testing correlate to high flows in the treatment plant caused by wet weather, and this may be causing temporary toxic effects. The first month of testing for lead in the wastewater discharge indicates lead is not being discharged in excessive quantities, however, prior treatment plant records show the concentration of lead being discharged randomly increases for short periods of time. PROPOSED STUDY: To thoroughly evaluate the current toxicity test results and to preliminarily investigate possible sources of toxics, it is proposed to employ a consultant with expertise in toxicity studies to assist the City. The consultant would examine the biomonitoring test data along with conditions in the Trinity River and treatment plant, and develop a report for submission to EPA on the status of the City's biomonitoring program. The consultant would also design a program to measure toxics in plant recycle streams, evaluate test data on recycle streams and design a program to identify major sources of toxics contributed to the plant. A letter report would be prepared presenting the findings of the study. A proposal to perform the proposed study was requested from Alan Plummer and Associates, Inc., a local firm with expertise in toxic material studies. The proposed study would be for a period of 120 calendar days for a fixed price not to exceed $9,400. FINANCING: Sufficient funds for payment of services are available in Water and Sewer Operating Fund No. 45, Sewer Department, Wastewater Treatment Account No. 70-50-02. The expenditures will be made from Index Code 384594. M&C C-11853 adopte It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-11853, be adopted. M&C FP -2610 re There was presented Mayor and Council Communication No. rP-2610 from the City complete paving Manager stating that the Handley-Ederville Road Assessment Paving has been completed in of Handley -Eder- accordance with plans and specifications under Contract No. 16036 awarded to Newell & ville road Assess- Newell Ltd. on September 22, 1987; and recommending that the City Council accept as ment paving to complete the paving of Handley-Ederville Road Assessment Paving; authorize final Newell & Newell payment in the amount of $200,262.28 to Newell & Newell Ltd.; and approve final Ltd. assessment rolls and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Handley-Ederville Road. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council M-3 Page 556 557 TUESDAY, SEPTEMBER 5, 1989 &C FP -2611 re There was presented Mayor and Council Communication No. FP -2611 from the City omple to repair and Manager stating that the repair and repainting of 6MG clearwell at South Holly Water epainting of 6MG Treatment Plant has been completed in accordance with plans and specifications under learwell at South Contract No. 16683 awarded to J.R. Stelzer Company on September 27, 1988; and olly Water Treat- recommending that the City Council accept as complete the repair and repainting of 6MG ent Plant to J.R. clearwell at South Holly Water Treatment Plant and authorize final payment in the telzer Company amount of $24,557.83 to J.R. Stelzer Company, with funds available in Water Capital Improvement Fund 53, Project No. 016020-00, Retainage No. 205-016683, Index Codes 375162 and 000539, respectively. It was the consensus of the City Council that the recommendations be adopted. &C FP -2612 re There was presented Mayor and Council Communication No. FP -2612 from the City omplete the East Manager stating that the East First Street water and sanitary sewer relocations has irs t Street wator been completed in accordance with plans and specifications under Contract 16928 awarded nd sanitary sewer to Tri -Tech Construction, Inc., on January 31, 1989; and recommending that the City elocations to Council accept as complete the East First Street water and sanitary sewer relocations ri-Tech Construct- and authorize final payment in the amount of $20,017.60 to Tri -Tech Construction, Inc., on, Inc. with funds available in Water Capital Improvement Fund 53, Project No 017063-00, Retainage No. 205-016928, and Sewer Capital Fund 58, Project No 017038-00, Retainage No. 205-016928, Index Codes 000539 and 000588, respectively. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that Ordinance No. 10356 was adopted on August 8, 1989, setting today as the date for benefit hearing in connection with the assessment paving of Wabash 'Avenue from Collinsworth Street to 285 feet north and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on August 11, 14, and 15, 1989, Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. rs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public &C G-8205 Benefit Works, appeared before the City Council and called attention of the City Council to eari ng of Wabash Mayor and Council Communication No. G-8205 from the City Manager, as follows: venue SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WABASH AVENUE FROM COLLINSWORTH STREET TO 285 FEET NORTH 11 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, finding that in each case the abutting property is specially benefitted in enhanced value in an amount equal to or greater than the amount assessed for the improvements of Wabash Avenue from Collinsworth Street to 285 feet north. DISCUSSION: Mr. Joe K. Dugger, the developer of Carlson's Subdivision, Block 1, Lot 2, has executed a short form Community Facilities Agreement for the construction of Wabash Avenue from Collinsworth Street to 285' north. The developer will prepay $13,198.17 by September 10, 1989, for his share of the cost for street improvements adjacent to Lot 2, Block 1, Carlson's Subdivision. A carwash has recently been completed at the corner of Collinsworth and Wabash. Wabash Avenue is in poor condition, never having been built to City standards. On August 8, 1989 (M&C C-11792), the City Council awarded the construction contract and established September 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, V.A.C.S. PROPOSED IMPROVEMENTS: It is proposed to improve Wabash Avenue by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost to the property owners for their share of the construction has been computed at $24,463.25 (66%) and the cost to the City of Fort Worth, at $12,325.97 (34%). The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be Minutes of City Council M-3 Page 557 TUESDAY, SEPTEMBER 5, 1989 M&C G-8205 cont. enhanced in value by an amount equal to or greater than the proposed assessment. Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8205 and advised the City Council that, in his opinion, properties adjacent to Wabash Avenue from Collinsworth Street to 285 feet north proposed for assessment will be enhanced in excess of the amount proposed to be assessed against the respective properties. There being no one else present desiring to be heard in connection with the assessment paving of Wabash Avenue from Collinsworth Street to 285 north, Council Member Zapata made a motion, seconded by Council Member Murrin, that the hearing be closed and that the assessments be levied as recommended in Mayor and Council Communication No.. G-8205. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Zapata 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 Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows Ordinance N o. ORDINANCE NO. 10383 10383 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WABASH AVENUE, FROM COLLINSWORTH STREET TO TWO HUNDRED AND EIGHTY-FIVE FEET NORTH, AND PORTIONS SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. It appearing to the City Council that Ordinance No. 10355 was adopted on August 8, 1989, setting today as the date for benefit hearing in connection with the assessment paving of Faron Street from West Vickery Boulevard to Fletcher Avenue and the notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, August 11, 14, and 15, 1989, Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re G-8206 re Works, appeared before the City Council and called attention of the City Council to Benefit Hearing Mayor and Council Communication No. G-8206 from the City Manager, as follows: for the assess- ment paving of SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF FARON STREET Faron Street from FROM W. VICKERY BOULEVARD TO FLETCHER AVENUE W. Vickery Blvd. RECOMMENDATION: . It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, finding that in each case the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvement of Faron Street from W. Vickery Boulevard to Fletcher Avenue. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Faron Street from West Vickery Boulevard to Fletcher Avenue. The project is located in the Como target area and, therefore qualifies for Community Development Block Grant Funds. CDBG funds will provide 30% of the construction cost. Minutes of City Council M-3 Page 558 5r-9 TUESDAY, SEPTEMBER 5, 1989 M&C G-8206 cont. On August 8, 1989 (M&C C-11791), the City Council awarded the construction contract and established September 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, V.A.C.S. This project is located in Council District No. 7. PROPOSED IMPROVEMENTS: It is proposed to improve Faron Street by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be variable from 28 to 30 feet wide on a sixty foot right-of-way. Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost to the property owners for their share of the construction has been computed at $49,685.78 (14%) and the cost to the City of Fort Worth, at $303,411.38 (86%). Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re G-8206 and advised the City Council that, in his opinion, each parcel of property abutting Faron Street from West Vickery to Fletcher Avenue will be enhanced in excess of the amount recommended by Mayor and Council Communication No. G-8206 for assessment. There being no one else present desiring to be heard in connection with the assessment paving of Faron Street from West Vickery to Fletcher Avenue, Council Member Chappell made a motion, seconded by Council Member Murrin, that the hearing be closed and that the assessments be levied in Mayor and Council Communication No. G-8206. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Chappell 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 Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, Webber, and Chappell NOES: I None ABSENT: Mayor Bolen and Council Member Garrison The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10384 10384 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF FARON STREET FROM WEST VICKERY BOULEVARD TO FLETCHER AVENUE, AND PORTIONS SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON,_ AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. It appearing to the City Council that Resolution No. 1456 was adopted on August 15, 1989, setting today as the public hearing for the reestablishment of Fort Worth Improvement District No. 1; Service Plan and Negotiation of Contract with Downtown Fort Worth, Inc., and that notice of the hearing has been given by publication Minutes of City Council M-3 Page 559 DO TUESDAY, SEPTEMBER 5, 1989 in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on August 18 and 20Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. M&C C-11854 re Attention of the City Council was called to Mayor and Council Communication Public Hearing No. C-11854 from the City Manager, as follows: Reestablishment of Fort Worth Improve- SUBJECT: PUBLIC HEARING; REESTABLISHMENT OF FORT WORTH IMPROVEMENT ment District No. DISTRICT NO. 1; SERVICE PLAN AND NEGOTIATION OF CONTRACT 1, Service Plan WITH DOWNTOWN FORT WORTH, INC. and negotiation of Contract with RECOMMENDATION: Downtown Fort Worth, Inc. It is recommended that the City Council take the following actions regarding the reestablishment of Fort Worth Improvement District No. 1: 1. Hold a public hearing concerning the following matters: (a) the advisability of reestablishing the proposed district; (b) the general nature of the proposed improvements and/or services; (c) the estimated costs thereof; (d) the boundaries of the proposed district; (e) the proposed method of assessment; and (f) the proposed apportionment of costs between the improvement district and the City as a whole. 2. Adjourn the public hearing. 3. Adopt the attached resolution which: (a) reestablishes a public improvement district under Chapter 372, Local Government Code, (the "Act"), to be known as the Fort Worth Improvement District No. 1; (b) authorizes the City to exercise the powers granted by the "Act" in connection with the reestablishment of the public improvement district; (c) makes findings concerning the nature and advisability of the improvements and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment, and the apportionment of costs between the district and the City as a whole; and (d) directs the City Secretary to publish notice of the reestablishment of the district as required by the act. 4. Adopt the service, improvement and assessment plan which was recommended by the Advisory Board of Fort Worth Improvement District No. 1 5. Waive the requirement that the City Manager take competitive bids for the improvements and/or services to be provided by the district during the 1989-1990 fiscal year, direct the City Manager to negotiate a contract with Downtown Fort Worth, Inc. to provide such improvements and/or services, and present such contract to the City Council for consideration. %ILIT411(415111 "M On August 15, 1989, the City Council received a petition for reestablishment of Fort Worth Improvement District No. 1. The Council approved M&C G-8165 and adopted a Resolution which found that the petition was sufficient, met the requirements of Chapter 372 of the Act, and authorized the Council to institute proceedings to reestablish the district. The Resolution also established an advisory body to develop and recommend to Council a service, improvement and assessment plan and directed the City Manager to prepare various documents and file the same with the City Secretary. The Resolution further set a public hearing on September 5, 1989, at 7:00 p.m. concerning various matters regarding the district. Notice of the hearing was given by the City Secretary as provided in Chapter 372. Minutes of City Council M-3 Page 560 5(�l TUESDAY, SEPTEMBER 5, 1989 &C C-11854 cont. The act provides that after the public hearing is held, the City Council may adjourn the hearing, and within six months after such adjournment, may make findings by resolution as to whether the improvement district should be reestablished, the nature, cost and advisability of the proposed improvements and/or services, the boundaries of the proposed district, the method of assessment and the apportionment of costs between the district and the city as a whole. If the Council decides to authorize reestablishment of the district, such authorization would take effect when a resolution is adopting authorizing the district and a notice is published once in a newspaper of general circulation. Section 252.022 of the Local Government Code provides that competitive bids are not required to be taken if at least one third of of the cost of the improvements or related matters to be procured by a city are to be paid for by or through special assessments levied on property that will benefit from the improvements. If the district is reestablished, it is recommended that the City Council waive the requirement for competitive bids and that the City Manager be authorized to negotiate a contract with Downtown Fort Worth, Inc. for the improvements and/or services to be provided by the district during the 1989-1990 fiscal year. The contract would then be presented to City Council for consideration. The contract would require that the contractor comply with the City's policy concerning minority and women -owned business enterprises. Mr. Lloyd Weaver Mr. Lloyd Weaver appeared before the City Council and requested that the re M&C C-11854 Council give favorable consideration to the recommendation contained in Mayor and Council Communication No. C-11854 for the reestablishment of Fort Worth Improvement District No. 1, the service plan, and negotiation of contract with Downtown Fort Worth, Inc. Mr. Ken Devero re- Mr. Ken Devero, representing Downtown Fort Worth, Inc., appeared before the M&C C-11854 City Council and advised the City Council that the petition presented requesting reestablishment of Fort Worth Improvement District No. 1 represents 91 percent of the value of downtown property, 81 percent of land area, and 59 percent of property owners and that the petition exceeded all three of the requirements. Mrs. Betty Bildiback Mrs. Betty Bildiback appeared before the City Council, representing her aunt re - M&C C-11854 and her mother, and expressed opposition to assessments proposed to be levied against their property on Calhoun Street. Mr. Larry Taylor Mr. Larry Taylor, 1301 Calhoun, appeared before the City Council and re - M&C C-11854 expressed opposition to assessments proposed to be levied against his property for Fort Worth Improvement District No. 1. Mr. James Branch Mr. James Branch, Senior Warden of St. Andrews Episcopal Church, appeared M&C C-11854 before the City Council and requested that St. Andrews Episcopal Church be excluded from the Fort Worth Improvement District No. 1. Mr. Gavin Garrett Mr. Gavin Garrett, Manager of the Vestry of St. Andrews Episcopal Church, - re M&C C-11854 appeared before the City Council and requested that the property of St. Andrews Episcopal Church be removed from the Fort Worth Improvement District No. 1. Mr. Garrett submitted correspondence from Mr. Rex Hunt, Clerk of the Vestry, St. Andrews Episcopal Church, stating that the Vestry of St. Andrews requests that the City Council exclude all property owned by St. Andrews from the Fort Worth Improvement District No. 1. Mrs. Helen Wallace Mrs. Helen Wallace, 312 East Weatherford, appeared before the City Council re _ M&C C-11854 and submitted a petition in opposition to the reestablishment of the Fort Worth Improvement District No. 1 representing properties at 312 East Weatherford Street, 315 East First Street, 309 East Belknap, Ninth and East Jones, and property belonging to the Carmichael Trust. There being no one else present desiring to be heard in connection with the public hearing on reestablishment of the Fort Worth Improvement District No. 1, service plan, and negotiation of a contract with Downtown Fort Worth, Inc., Council Member Murrin made a motion, seconded by Council Member Granger, that the hearing be closed and the recommendations, as contained in Mayor and Council Communication No. C-11854, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, and Chappell NOES: Council Member Webber ABSENT: Mayor Bolen and Council Member Garrison Council Member Zapata requested that the staff submit to the City Council on September 19, at the benefit hearing to be held for the Fort Worth Improvement District Minutes of City Council M-3 Page 561 5C2 TUESDAY, SEPTEMBER 5, 1989 No. 1, the dollar value of the properties being requested for exclusion or for which there is opposition. Introduced a Council Member Murrin introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, and Chappell NOES: Council Member Webber ABSENT: Mayor Bolen and Council Member Garrison The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1462 1462 WHEREAS, on August 3, 1989, the City Council of the City of Fort Worth received a Petition for reestablishment of the Fort Worth Improvement District No. 1; and WHEREAS, ON August 15, 1989, the City Council found and determined that such petition included sufficient signatures and met other requirements of Sections 372.002 and 372.005, Charter 372, Local Government Code (the "Act"); and WHEREAS, the City Secretary of the City of Fort Worth gave written notice and notice by publication that a public hearing would be held by the City Council on September 5, 1989, at 7:00 p.m., in accordance with Section 372.009 of the Act; and WHEREAS, the City Council held such public hearing on September 5, 1989, at 7:00 p.m. and on September 5, 1989, finally adjourned such hearing; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council after duly considering the evidence and testimony presented at such public hearing, hereby makes the following findings: (a) It is advisable to reestablish a public improvement district under Chapter 372, Local Government Code which district shall be known as the Fort Worth Improvement District No .1. (b) It is advisable to authorize the City of Fort Worth to exercise the powers granted by Chapter 372, Local Government Code, in connection with the reestablishment of the public improvement district, including the undertaking of improvement projects and/or services that confer a special benefit on property in the district and the levying and collecting of special assessments on property in the district, based on the benefit conferred by the improvement project and/or services, to pay the costs of such project and/or services. (c) It is advisable for improvements and/or services to be undertaken and provided by the district. (d) The general nature of the improvements and/or services of the district shall include: (1) an improvement district maintenance and landscaping program consisting of supplemental street sweeping, sidewalk cleaning, bus shelter cleaning, planting and landscape maintenance, streetscape improvements, and trash receptacle pickup. (2) an improvement district Cromotions program consisting of recreational and cultural enhancements and activities; promotional program; and the staging or monitoring of special recreational and cultural events. (3) an improvement district marketing program consisting of an advertising and marketing campaign to promote the use of the District by three primary populations: downtown workers, visitors, Fort Worth and Tarrant County residents. (4) an improvement security program consisting of a public relations crime prevention campaign; a private Minutes of City Council M-3 Page 562 5t�r TUESDAY, SEPTEMBER 5, 1989 Resolution No. security force coordination campaign; a parking garage 1462 cont. and parking lot security program. (5) an improvement district transportation and parking program consisting of a campaign to promote FWTA bus service and ridesharing; the development of a plan concerning better utilization of short-term parking facilities; and the improvement of traffic signs. (6) an improvement district management program to provide for the establishment, administration and operation of the district activities and programs. Such improvements and/or services will be a supplement to the standard existing level of city improvements and/or services and will constitute an added increment to the improvements and/or services currently provided by the City of Fort Worth to taxpayers generally. The annual cost of standard improvements and/or services currently provided by the City of Fort Worth to tax payers in the district is on file with Informal Report No. 7491 in the Office of the City Secretary of the City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, with any corrections therein which may have heretofore been certified by the City Manager of the City of Fort Worth, which report and corrections are made a part hereof by reference. During the five-year term of the district, the City will provide not less than the level of standard improvements and/or services to taxpayers in the district as enumerated in the attachments to Informal Report No. 7491, with such corrections therein as have been certified by the City Manager. ( e ) A preliminary estimate of the cost of the improvements and/or services of the district during the first year of operation is: (1) (2) (3) (4) (5) (6) maintenance of landscaping program Promotions program Marketing program security program transportation and management program parking program $445,000.00 $113,257.00 $ 56,743.00 $ 23,818.00 $ 4,550.00 $150,073.00 793,441.00 The cost of such improvements and/or services in subsequent years will be determined in accordance with the service plan adopted by the City Council. (f) The boundaries of the improvement district shall be: The area bounded by Jones Street on the east; Lancaster Avenue on the south; Texas Street, Macon Street, Fifth Street, Fourth Street, Burnett Street, Belknap Street and Taylor Street on the west; and the Trinity River and the East 100 and East 200 blocks of Bluff Street on the north. Such area is more particularly shown on a map which is on file with Informal Report No. 7491 in the Office of the City Secretary of the City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, and is made a part hereof by reference. (g) The method of assessment shall be: (1) A service plan shall be approved and adopted by the City Council for a period of not less than five years. The plan will be reviewed and updated annually by the Council to determine the annual budget for improvements and/or special supplemental services within the district. (2) The cost of an improvement and/or special supplemental service will be assessed against real property within the district according to the value of such property as determined by the City Council, including the value of structures or other improvements on the property. (3) During the five-year term of the district, the annual assessments against real property in the district will not exceed an amount equal to 8.5 cents per $100 of the value of such property as determined by the City Minutes of City Council M-3 Page 563 TUESDAY, SEPTEMBER 5, 1989 Council, including the value of structures or other Resolution No. improvements on the property. 1462 cont. (h) The apportionment of costs between the district and the city as a whole shall be: ( 1 ) All of the cost of an improvement and/or service will be paid by special assessments against real property and structures or other improvements thereon in the district. . (2) The City of Fort Worth will be responsible for the payment of assessments on exempt city -owned real property and structures or other improvements thereon in the district. The payment of assessments, if any, on property owned by other exempt jurisdictions will be established by contract. The City as a whole will continue to provide the standard improvements and services to the district as referred to in (d) above. (3) The City Council of the City of Fort Worth shall be authorized to establish by ordinance reasonable classifications, formulas and methods for assessing special benefits for various classes of improvements and/or services. (4) The probable maximum benefits to be conferred on each tract in the district because of the improvements and/or services will be greater than the amount of the assessment against such tract and the owners thereof. (i) The district will exist for five years immediately following adoption of this Resolution unless property owners in the district petition the City Council for reestablishment of the district, or unless the district is sooner terminated as provided by law. (j) The area to be assessed may not include any property not within the area described in paragraph (f) unless there is an additional hearing pursuant to Section 372.009 of the act, preceded by the required notice. 2. The Fort Worth Improvement District No. 1 is authorized to be and is hereby reestablished as a public improvement district under Chapter 372, Local Government Code, in accordance with the above findings as to the advisability of the improvements and/or services. The district shall be subject to all of the terms, conditions, limitations and reservations contained in such findings. 3. The City Secretary is authorization for reestablishment copy of this Resolution once in in the City of Fort Worth. Such and the district shall be deemed the publication of such notice. hereby directed to give notice of of the district by publishing a a newspaper of general circulation authorization shall take effect to be reestablished effective upon 4. The City Manager is hereby authorized and directed to prepare specifications and to negotiate a proposed contract with Downtown Fort Worth, Inc. for the improvements and/or services to be provided by the district under this Resolution and the service, improvement and assessment plan adopted by the City Council 5. No actual construction of improvements or implementation of services by the district shall begin until at least 20 days after authorization for the district takes effect. 6. The district shall be a complete alternative to other methods by which the City of Fort Worth may finance public improvements and/or special supplemental services by assessing property owners. It appearing to the City Council that on August 29, 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 September 5, 1989, to give every interested person or citizen opportunity to be heard, Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. There be no one 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. Minutes of City Council M-3 Page 564 TUESDAY, SEPTEMBER 5, 1989 Adjourned 11 There being no further business. the Cit Council ad'ourned. J CITY SECRETARY Minutes of City Council M-3 Page 565 5G